FEDweek Issue: Wednesday, September 8, 2004

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In This Week's Issue
1. Spending Bills Top Agenda
2. September 2004 -- Life Open Season Special Alert to our Readers
http://fedweek.sparklist.com/t/294940983/821888/302/0/ 
3. DoD Bill Also a Major Issue
4. Differences on Workforce Cuts Continue
5. Contracting Issues Focus on DoD
6. Some Government-Wide Provisions at Issue
7. MSPB's Take on Hiring Issues
8. Several Spending Bills Focus on Contracting
9. Telecommuting Also an Issue
10. FEDweek Readers Can Get 
DSL-Like Speed Over Your Phone Line at Home 
http://fedweek.sparklist.com/t/294940983/821888/148/0/   
11. Other Bills May Arise
12. Federal Legal Corner: MSPB Decides Transportation Security 
Agency Screeners
13. The Complete Guide to Writing a Federal Resume Just Published--
Available for Immediate Shipment
Order Yours at http://www.fedweek.com/Publications/default.asp 
***********************************************************

1. Spending Bills Top Agenda
Congress returns to work this week for what could be a month 
or so of legislative activity before breaking for the 
campaign--whether that break will mean the end of work for 
the year or whether Congress will have to return for a 
lame-duck session will be decided in the weeks ahead. The 
main order of business will be to pass appropriations to 
keep agencies funded in the fiscal year that starts October 
1. Many of the bills--potentially including the 
Transportation-Treasury spending bill that likely will be 
the vehicle for the January 2005 federal pay raise--could 
end up being bundled together in one measure. The House has 
passed 10 of the 13 appropriations measures separately but 
the Senate has cleared just two and procedural issues there 
are preventing the bills from coming up for individual 
votes. The Transportation-Treasury bill could be one of the 
first items on the House's voting agenda.

2. September 2004 -- Life Open Season Special Alert to our 
Readers
The Federal Life Open Season, commemorating the 50th 
anniversary of the FEGLI program, begins September 1, 2004 
and continues through September 30, 2004. This rare Open 
Season, the last one occurring in 1999, provides the perfect
opportunity for federal employees to review and update
their life insurance coverage. During the federal Open 
Season you can increase your federal coverage without 
evidence of insurability.

The Life Open Season is also the perfect time to consider 
other sources for your family's life insurance needs. For 
example, WAEPA, http://fedweek.sparklist.com/t/294940983/821888/303/0/, is a 
non-profit 
association, governed by federal employees that has 
provided life insurance to the federal community since 
1943 -- eleven years before FEGLI was formed. WAEPA offers 
several unique advantages:

Premium Rates that are Lower than FEGLI 

For example, an average federal employee age 46 would pay 
$195.00 a year for $50,000 of FEGLI Basic Coverage. The 
same amount of coverage from WAEPA would only cost  
$80.00 per year - a savings of 59%. You can compare rates 
for all ages and coverage levels at 
http://fedweek.sparklist.com/t/294940983/821888/303/0/.

Higher Amounts of Coverage

WAEPA offers coverage to its members from $25,000 up to 
$500,000 (FEGLI is based on your annual salary). It is 
easy to join WAEPA -- just pay a one-time $2.00 membership 
fee. WAEPA also offers dependent spouse coverage from 
$10,000 up to $250,000 or 50% of the federal 
employee/WAEPA member's coverage.  (The FEGLI maximum 
for your dependent spouse is $25,000).

Coverage for your Non-Dependent Adult Children

Unlike FEGLI, WAEPA provides coverage to your 
non-dependent adult children -- even though they are not 
federal employees! Coverage is available from $25,000 
up to $500,000. This benefit is available to your 
non-dependent adult children, even if you don't have or 
need WAEPA insurance. You only need to become a member 
of WAEPA (one-time $2.00 membership fee --no insurance 
purchase is required on your part). While this is an 
extremely valuable benefit to all federal employees, 
this is a particularly attractive benefit to U.S. Postal 
Service employees, since their FEGLI Basic coverage is 
provided free of cost.

Long History of Premium Refunds

In August 2004 WAEPA announced a 25% refund of premium 
for the 2003-2004 fiscal year. This is the eighth refund 
since 1996, during which time WAEPA members have received 
over $19,000,000 in premium refunds.  For example, if you 
had joined WAEPA during the last Federal Life Open Season 
in 1999 you would have since received five refunds 
totaling more than one year of your premium payments! 

Effective September 1, 2004 - Dependent Coverage for Domestic 
Partners

Effective September 1, 2004, Domestic Partners of WAEPA 
members are now eligible for dependent coverage from 
$10,000 up to $250,000 or 50% of the federal employee/WAEPA 
member's coverage. (Domestic Partners are not eligible for 
dependent coverage under the FEGLI program).

Am I Eligible?

Civilian federal and U.S. Postal Service employees less 
than age 65 who possess U.S. citizenship are eligible to 
become members of WAEPA and apply for insurance coverage. 
Unfortunately, full-time members of the Armed Forces are 
not eligible for coverage.

Need More Information?

WAEPA is a non-profit association founded in 1943 and 
managed by federal employees dedicated exclusively to 
serving the insurance needs of civilian federal employees. 
Our vision has never waived. WAEPA continually strives to 
serve those who have served by providing superior insurance 
products along with exceptional customer service.

To learn more about WAEPA and the services we offer visit 
our NEW and IMPROVED web-site -  
http://fedweek.sparklist.com/t/294940983/821888/303/0/. 
Besides information on WAEPA products there is valuable 
educational information including the 
"Seven Avoidable Life Insurance Mistakes" Go to 
http://fedweek.sparklist.com/t/294940983/821888/302/0/ 

The web-site includes detailed information on WAEPA's life 
insurance program, including online application forms as 
well as an online premium calculator that allows you to 
compare WAEPA premiums directly to those of the federal 
program. You can also e-mail your questions to 
[EMAIL PROTECTED], or call one of our customer service 
representatives at 1 (800) 368--3484.
 
Once again, during the Federal Life Open Season, please 
take advantage of the opportunity to consider WAEPA for 
your life insurance needs - you and your family will be 
glad you did! WAEPA -- serving those who have served.
***********************************************************

3. DoD Bill Also a Major Issue
Another major piece of legislation still needing work is the 
annual Defense Department authorization bill (HR-4200), which 
has been in a House-Senate conference since June. The bill 
addresses several major issues affecting civilian DoD 
employees, including whether or not to keep on track the 
process currently set to culminate with creation of a 
special commission that would recommend base closings and 
realignments next year. The House measure would delay that 
process by two years while the Senate would keep the process 
on schedule. Officials say that if there is to be a lame 
duck session, the DoD bill might remain stalled until then, 
since members of Congress are caught between White House 
pressure to keep the process moving and constituent concern 
about loss of jobs should the closings go ahead. 

4. Differences on Workforce Cuts Continue
The DoD measure also continues a long-running wrangle between 
the House and Senate over the DoD acquisition workforce. The 
House once again called for a reduction in that workforce--this 
time, a 5 percent cut by October 1, 2005--and wants a report 
on the workforce by March 1. The White House has issued a 
statement opposing those cuts. The Senate version, in 
contrast, would increase the acquisition workforce by 15 
percent over three years and limit the practice of having 
contracts overseen by other contractors, requiring that such 
oversight be done by in-house employees. 

5. Contracting Issues Focus on DoD
Another major issue in the DoD bill on which Congress is 
feeling pressure involves contracting out; DoD has most of 
the government's commercial-type jobs and does by far the 
most contracting-out studies. Both the House and Senate 
versions of the bill would require DoD to perform formal 
studies on functions employing 10 or more workers. The 
House version also would start a two-year pilot program in 
which 10 percent of all functions that are considered new 
must undergo the cost-comparison process--in effect 
preventing the department from automatically giving the 
work to contractors. The Senate version would require that 
in-house employees be given "fair consideration" for new 
work, effectively barring the practice of automatically 
contracting for new commercial type work. Another House 
provision would require that "contracting-in" studies be 
performed on work already out on contract, equal to 10 
percent of the number of in-house jobs studied for 
contracting-out. The White House has threatened to veto 
the bill if it contained a contracting-in requirement. 

6. Some Government-Wide Provisions at Issue
Both versions of the DoD bill also contain government-wide 
language that responds to a Government Accountability 
Office ruling earlier this year that under the revised 
contracting-out Circular A-76 issued last year, employees 
and their representatives lack rights to challenge aspects 
of a public-private competition, including the agency's 
decision on who should get the work. The House measure 
expresses the "sense of Congress" that DoD civilian 
employees should have appeal rights to the GAO or the 
United States Court of Federal Claims, while the Senate 
version would put in law the right to appeal to GAO. In 
other government-wide language, the House version would 
allow agencies to pay both the employee and employer share 
of Federal Employees Health Benefits program premiums for 
up to 24 months--rather than the current maximum of 18 
months--for employees called to active duty for 
contingency operations, while the Senate version would boost 
locality pay for certain law enforcement officers, order a 
study of whether a separate pay, evaluation, and promotion 
system for law enforcement officers should be established, 
and authorize a demonstration project of such a system.

7. MSPB's Take on Hiring Issues
In a recent publication, the Merit Systems Protection Board 
addressed several issues related to federal hiring practices, 
which have come under criticism for being too slow and 
burdensome. For excerpts involving the direct hire authority,
probationary periods and the importance of reference checks, 
go to http://www.fedweek.com/HotFreeNews/default.asp in the 
hot free info section of our website.

8. Several Spending Bills Focus on Contracting
Several of the House-passed appropriations bills for fiscal 
2005 contain language affecting contracting policy at the 
agencies funded under those bills. These include: HR-4751, 
the Commerce-Justice-State bill that would bar the Equal 
Employment Opportunity Commission from setting up a 
privatized national customer service center and consolidating 
field offices until complying with certain reporting 
requirements; HR-4567 for the Department of Homeland 
Security, which bars a study of contracting-out certain 
immigration officer, contract representative and 
investigative assistant jobs on grounds that those jobs 
are inherently governmental; and HR-4568 for the Interior 
Department and related agencies that would require full 
cost studies before contracting-out functions employing 
more than 10 federal employees and allow jobs to be 
converted only if the projected savings were at least 10 
percent or $10 million; and the Transportation-Treasury 
measure, which would impose similar requirements 
government-wide. President Bush already has signed the 
fiscal 2005 spending bill for the Defense Department that 
carries a similar provision affecting DoD.

9. Telecommuting Also an Issue
Language in the Commerce-Justice-State spending bill that 
could be extended to other agencies through other 
appropriations bills as the budget process progresses 
seeks to put more teeth into prior laws designed to 
encourage more telecommuting by federal employees. One 
earlier law required agencies to assess over four years 
which of their positions could be done by teleworking; 
while the number of positions deemed eligible has 
increased as a result, the actual rate of teleworking has 
remained flat. The Commerce-Justice-State bill would 
require agencies covered by the bill--in addition to those 
three departments, primarily the Securities and Exchange 
Commission and the Small Business Administration--to 
"certify that telecommuting opportunities have been made 
available to 100 percent of the eligible workforce." The 
measure effectively would withhold $5 million from each 
agency until they make such a certification. 

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http://fedweek.sparklist.com/t/294940983/821888/148/0/   

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11. Other Bills May Arise
Other bills that may be considered before the legislative 
work for the year is finished include: bills (S-2468 and 
HR-4341) that have cleared the committee level to reform 
many U.S. Postal Service business practices, to encourage 
certain long-time injury compensation benefit recipients 
to switch to disability retirement and shift from USPS to 
the Treasury the responsibility for paying the portion of 
annuities for postal retirees associated with their 
military service; a House-passed bill (HR-3751) to require 
a study of how vision, dental and hearing benefits provided 
through the Federal Employees Health Benefits program can 
be improved or a Senate committee-passed bill (S-2657) to 
bypass the study and create a new stand-alone dental and 
vision benefits program; a bill (S-129) that has passed a 
House committee and the full Senate to expand agency use 
of certain monetary incentives for employees while also 
allowing employees to receive compensatory time off for 
travel during off-duty hours and revising a provision of 
CSRS retirement law that has the effect of discouraging 
employees from switching to part-time work later in their 
careers; a Senate-passed bill (S-2479) and a House 
committee-passed counterpart (HR-4324) to end the 
twice-yearly open seasons in the Thrift Savings Plan, 
effective allowing individuals at any time to join the 
program or change their levels of investment, actions 
that now can take place only during the open seasons; and 
Senate committee-passed bills to extend health insurance 
coverage for employees activated to military duty (S-2409) 
and to pay them the difference between their federal salary 
and their military pay, if lower (S-593).

12. Federal Legal Corner: MSPB Decides Transportation 
Security Agency Screeners
Do Not Have Whistleblower Appeal Rights
The Merit Systems Protection Board ("MSPB") decided on August 
12, 2004, that individuals employed as "screeners" with the 
Transportation Security Agency ("TSA") do not have the right 
to whistleblower appeals (also known as "individual right 
of action" or "IRA" appeals) with the MSPB.   In Schott, 
et al. v. Dept. of Homeland Security, MSPB Docket Nos. 
DC-1221-03-0807-W-1, NY-0752-03-0378-I-1, NY-1221-04-0046-W-11 
(August 12, 2004), the appellants had been removed from 
their employment as screeners during their probationary 
periods.  Each of the appellants filed appeals with the 
MSPB claiming, among other things, that their firings were 
retaliation for whistleblowing.   In deciding that the 
MSPB did not have authority to consider the whistleblower 
appeals filed by the screeners, the MSPB in Schott held 
that a section within the Aviation and Transportation 
Security Act ("ATSA") contains specific language that only 
applies to screeners that allows the TSA to hire, 
discipline, and terminate screeners without regard to any 
other law.  Further, in deciding that the TSA screeners did 
not have whistleblower appeal rights, the MSPB relied on its 
decision in Brooks v. Dept. of Homeland Security, 95 M.S.P.R. 
464 (2004).  In Brooks, the MSPB held that it did not have 
jurisdiction over an appeal filed by a TSA screener regarding 
the screener's reduction-in-grade.  It should be noted that 
both the Brooks and Schott decisions appear to be limited to 
TSA screeners and not other TSA employees.

* This information is provided by the attorneys at Passman & 
Kaplan, P.C., a law firm dedicated to the representation of 
federal employees worldwide. For more information on Passman 
& Kaplan, P.C., go to http://www.passmanandkaplan.com. *

13. The Complete Guide to Writing a Federal Resume Just 
Published--
Available for Immediate Shipment
Order Yours at http://www.fedweek.com/Publications/default.asp 

>From the Publishers of FEDweek, the federal government's 
largest information resource...

We are proud to announce the launch of The Complete Guide 
to Writing a Federal Resume. This book was written 
specifically for you and is designed to help you meet the 
requirements for written materials in seeking a new federal 
job or advancement within the federal government. There is 
no longer a single, required method of applying for federal 
employment. In fact, most federal agencies are moving 
toward the resume (either paper or electronic) as the 
preferred method of applying for jobs.

That's why we've just published The Complete Guide to 
Writing a Federal Resume and all current federal employees, 
retirees, military members and private sector professionals 
who are looking for a federal job need this all-inclusive guide.

Note to Military Members:
Many of the federal job openings at this time require security
clearances. As a military member, a large percentage of you have
the security clearance and the qualifications needed to fill 
these positions. This all-new guide will show you how to compose
your resume to accentuate your strengths and experiences.

Here's a partial list of the table of contents:

Finding a Federal Job
Should I Apply Using a Resume or an Application Form?
The Federal Resume
Preparing to Draft Your Resume
What to Cover (and not cover) in a Resume
The Designing of Your Federal Resume
Your Accomplishments (including a worksheet)
What if You Use an OF-612?
Knowledges, Skills and Abilities (KSAs)
Cover Letters and Thank You Letters
Interactive Worksheets
The Do's and Don't's for Federal Resume Cover Letters
Contains Many Sample Federal Resumes and Cover Letters 
And Much More!

This book is a "must have" for:

All federal employees
Military personnel interested in civil service careers
Federal managers and supervisors
Human resources professionals and federal libraries
Military retirees beginning their second career with the 
federal government
All private sector workers that wish to apply for federal 
government positions.

Simply put, designing and writing your resume is not an 
easy task. You must highlight your accomplishments, 
qualifications, experience, etc. all while keeping it 
brief and easy to follow. The Complete Guide to Writing 
a Federal Resume will show you how to do this. It also 
gives a complete list of "result and action" words to use 
in your cover letter and resume as well as a list a 
frequently misspelled or misused words or phrases.

"In today's competitive job market, especially the federal 
job market, this new interactive resume book is a must 
have and is guaranteed to help you, whether you are 
writing a new resume from scratch, making minor changes 
depending on the position you are applying for or just 
fine tuning and error checking it."
Don Mace, Publisher
FEDweek


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to order online or see below for other ways to order. The 
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