Federal Manager's Daily Report: Monday, October 25, 2004 FEDweek is the largest information resource in the federal government with now over one million weekly readers. To Subscribe, Go to http://www.fedweek.com/subscribepopup.htm *********************************************************** Valued Added Service to Our Readers:
Federal Job Search http://www.fedweek.com/Jobs/default.asp Job Bulletin Board http://www.fedweek.com/Jobs/default.asp Unlimited Internet Access for as low as $10.90 http://fedweek.sparklist.com/t/294966894/821889/148/0/ Our Readers Will Get Special Discounted Travel Rates Including, Airfare, Hotels, RV's, Car Rentals, and Special Weekend Getaways--Anywhere in the world http://fedweek.sparklist.com/t/294966894/821889/339/0/ ********************************************************** In This Week's Issue 1. Whistleblower Bill Hits Hangup 2. Report Faults TSA Contractor Performance Evaluation 3. Report Recommends New Evaluation Criteria, 'True' Screener Pilot Program 4. Brand New Federal Employees Legal Survival Guide Just Published New Publication Announcement: The Federal Employees Legal Survival Guide http://fedweek.sparklist.com/t/294966894/821889/338/0/ ************************************************************ 1. Whistleblower Bill Hits Hangup Legislation to increase rights of federal whistleblowers that had been on a fast track for approval before Congress adjourns for this year has hit a snag that makes its chances for passage questionable, officials say. The whistleblower bills (HR-3281 and S-2628) are ready for House and Senate floor voting after compromises were reached on several provisions that had been troublesome. In general, the measures seek to broaden the types of disclosures that are deemed protected under whistleblower law from workplace retaliation. In sum, the measures would overturn several decisions by the U.S. Court of Appeals for the Federal Circuit that have had the effect of denying whistleblower protections in certain situations. House and Senate leaders had been hoping to reach a quick agreement on the remaining main point of difference: language in the Senate bill, but not the House bill, that would allow whistleblowers to appeal decisions against them by the Merit Systems Protection Board to the federal court of appeals where they live, and not just to the Federal Circuit, which sponsors view as anti-whistleblower. However, that plan has been put on hold because of Justice Department objections to certain provisions in the bill, official say, and it's uncertain whether the issues can be resolved during the post-election lame-duck session. 2. Report Faults TSA Contractor Performance Evaluation The Transportation Security Administration lacks "consistent performance standards" for evaluating private screener performance, or comparing it to the performance of federal screeners, a new report from the Department of Homeland Security's Office of the Inspector General has said. It faulted the lack of a central point of authority for making policy decisions and providing guidance to the local TSA officials charged with managing and overseeing its screener pilot programs, and alleged that requests from the local officials are often passed around within headquarters rather than being dealt with. As a result, "the four pilot program contractors interpreted program guidelines differently or received different guidance from TSA on similar issues, leading to inconsistencies in operations among the pilot program contractors and making comparisons among them difficult," according to the report. It said TSA relies on airport FSD to monitor the programs and report on "unusual contractor practices," and that headquarters is more focused on developing policy on hiring and training -- and that such a management structure fails to acknowledge operational differences occurring within the pilot program airports, said the report. While some TSA airport officials did not bother contacting headquarters to make decisions, others expressed frustration at the lack of response from headquarters or inaccurate guidance, said the IG. However, one unnamed TSA official said the lack of response was partly due to high turnover in the contracting officer and program manager positions, and noted that those "positions have stabilized and recent improvements have been made to the program to improve efficiency and oversight." The IG also found that TSA failed to establish contract performance evaluation plans -- as required under the contracts -- 10 days prior to the start of the first evaluation period. According to the report, the plans were supposed to have included criteria to evaluate performance areas and identify the percentage of award fees for them. However, it said TSA evaluated contract performance using the objectives within each contract's work statement, which were based on contractor proposals -- only one of which had "measurable performance criteria." 3. Report Recommends New Evaluation Criteria, 'True' Screener Pilot Program TSA needs "measurable criteria to compare and evaluate the performance of both contractor and federal screening operations, said the report. TSA management said that in September 2003, the "performance evaluation plan" was incorporated into each contract, covering operational, technical, management, leadership, contract-management and human resources criteria to evaluate contractor performance. According the IG, TSA issued measurements for evaluating contractor performance in September 2003, but did not address the requirement to develop criteria to compare contractors to federal screeners, something that it has started doing with initiatives such as its Bearing Point study. The report further recommended that TSA establish a "true passenger and baggage screening pilot program that allows greater flexibility for both contractor and federally staffed airports to test innovations and new approaches in hiring, training, and managing screeners." TSA managers responded by saying that TSA formed a leadership team to address those issues and to provide HR flexibility, such as granting the contractors the authority to do their own recruiting staffing and scheduling. 5. Brand New Federal Employees Legal Survival Guide Just Published New Publication Announcement: The Federal Employees Legal Survival Guide http://fedweek.sparklist.com/t/294966894/821889/338/0/ Passman & Kaplan announces the October 2004 publication of the SECOND EDITION of the Federal Employees Legal Survival Guide. This comprehensive book, first published by Passman & Kaplan in 1999, has been called the definitive how-to guide for enforcing the rights of federal employees. The second edition of the Guide includes 100 PAGES OF ADDITIONAL NEW MATERIAL (now 616 total pages) and useful advice. New features include information on internet legal research, preparing for and conducting a hearing, sample discovery requests, and up-to-date contact information for federal personnel agencies. The Guide also includes a listing of frequently used civil service acronyms and practical appendices of sample forms, charts illustrating appeal rights, and commonly-needed deadlines. As with the first edition of the Guide, Passman & Kaplan has attempted to move away from the "legalese" which so often complicates an already-bewildering array of regulations and policies. Although the Federal Employees Legal Survival Guide, Second Edition is clearly an invaluable resource for practioners, Passman & Kaplan has maintained its commitment to target the book to the average federal employee. *********************************************************** To place your order for The Federal Employees Legal Survival Guide just go to http://fedweek.sparklist.com/t/294966894/821889/338/0/ and place your secure order online. The cost of this publication is only $49.95 Plus $6 s&h--Remember, this is a 616 page reference that is chalked full of invaluable information that every federal manager must have! Or you can mail your order with payment of $55.95 to FEDweek, PO Box 5519, Glen Allen, VA 23058. This is a one of a kind book you can't afford to be without! ************************************************************ FEDweek 11541 Nuckols Rd. 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