Government Executive - Authors - Norah Swanson

GSA aims to make agency websites more user-friendly

Norah Swanson — Mon, 13 Dec 2010 00:00:00 -0500

The General Services Administration is dedicating the first Friday of every month to ensuring agency websites are more user-friendly. GSA cautiously and quietly launched the program in August, but success has placed its services in high demand lately.

The First Fridays Product Testing Program provides discounted testing to agencies whose websites have a lot of traffic and known flaws. The program evaluates how volunteer users interact with specific site content.

Nicole Burton, user experience evangelist at the GSA Office of Customer Service Excellence who helps manage the program, says although the tests aren't statistically significant, the most serious problems are fixed, and the technique improves customer service. Burton and her team did not have to purchase any new technology or equipment to launch the program. She says usability testing can be carried out with the technology available in most modern offices.

At each session, three volunteer participants from the federal workforce navigate the specific website. Two GSA team members observe and take notes on the ease with which the participant accomplishes certain tasks. At the end of the testing, the team, agency Web managers and third-party observers discuss the most serious problems with the website.

On Dec. 10, Burton and her team tested online passport pages for the State Department's Bureau of Consular Affairs. The website provides information on obtaining passports and visas, as well as warnings and other travel-related resources. At the end of Friday's session, the State Web team received a list of the site's 10 most serious problems and quick solutions to minimize the issues almost immediately.

In January 2011, the team with will test USAjobs.gov.

Although its main goal is to provide agencies with discount testing, Burton said the program was created in part to raise awareness of the value in the technique. She hopes the program will teach those who are not user experience professionals, such as Web managers, how to conduct site navigation testing at their own agencies.

Burton and her team invite any federal employee or government contractor interested to sign up to watch from an observation room as the team conducts the testing. They usually allow between eight and 12 observers for each session. The team also aims to reach a wider audience by broadcasting future sessions through a free webinar.

Burton believes the methods applied in the First Fridays program can help agencies meet requirements of the 2010 Plain Writing Act and the president's push for transparency in government. "We only launched the program five months ago, but already I see that the easiest, most effective fixes are related to correcting poor Web writing. We see too much unfocused and bloated content, poor headers and subheaders and top tasks that are poorly labeled and buried deep in the pages," said Burton. "Plain writing is the corrective measure for all these problems."

Federal employees and contractors interested in serving as test participants, or who want to observe, can send their contact information to Janelle.Thalls@gsa.gov. Agencies also can nominate their websites via that e-mail address.

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Volunteers give back to service members this holiday season

Norah Swanson — Fri, 10 Dec 2010 00:00:00 -0500

Nonprofits this holiday season are offering alternative gift-giving ideas that support the troops and give volunteers the opportunity to honor their loved ones.

"Men and women in uniform give to their country every single day," said Kate Kohler, former Army captain and chief operating officer for the Pentagon Federal Credit Union Foundation, a national nonprofit providing military families with financial literacy training, housing assistance and care for wounded service members. "We think an appropriate way to recognize them during the holidays is to give back."

Donors can honor friends or family members who serve by making a donation to the PenFed Foundation in their name. At PenFed, donors can choose the program they would like to support, from grants for first-time home buyers and money management training, to child care support for wounded service members and free lodging for soldiers being treated at the Veterans Affairs hospital in Palo Alto, Calif. The PenFed Foundation currently is working to build a $12.5 million dollar facility to house wounded service members as they undergo treatment at the hospital.

"Sometimes the best gift you can give is a helping hand," said Kohler.

Other nonprofits offering alternative gift-giving ideas include:

United Service Organization: USO is a congressionally chartered nonprofit dedicated to lifting the spirits of troops stationed abroad. A holiday donation to the USO can help bring the comforts of home to soldiers through programs that supply care packages, or free phone cards to call family members. Donations can be made online in the name of a loved one.
The Yellow Ribbon Fund Inc.: The fund assists service members and their families as they undergo treatment at the Walter Reed Army Medical Center in Washington or the National Naval Medical Center in Bethesda, Md. Donations to the Yellow Ribbon Fund can be made online in a loved one's name and will provide wounded soldiers with free transportation to and from the hospital and free lodging nearby. Volunteers also can take service members and their children on holiday outings, or help with grocery shopping and babysitting.
The Military, Veterans and Patriotic Service Organizations of America: MVPSOA is a nonprofit that screens charities offering a variety of services to military members. The organization offers gift certificates that allow the recipient to direct donated funds to his or her preferred organization from a list of 75 legitimate nonprofits. Gift certificates can be purchased online and e-mailed directly to the recipient.
The American Veterans Disabled for Life Memorial: In November nearly 400 hundred people gathered in Washington for the groundbreaking of the American Veterans Disabled for Life Memorial. Private donations are funding the memorial, scheduled to be completed by Veteran's Day 2012. Donations can be made online, by mail, or by phone in a loved one's name, and donors can chose from one of 15 cards with images of the future memorial to give to a friend or family member.

CORRECTION: The original version of the story omitted a word in the name of the Pentagon Federal Credit Union Foundation.

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Congress passes bill allowing military families and retirees to keep their doctors

Norah Swanson — Thu, 09 Dec 2010 00:00:00 -0500

On Thursday, the House passed legislation allowing military families and retirees covered under Medicare and TRICARE to continue seeing their regular doctors. The Senate approved the bill on Wednesday.

The bill, the 2010 Medicare and Medicaid Extenders Act, would amend the Medicare physician payment formula -- which also sets payment levels for TRICARE -- to allow doctors enrolled in the programs to receive current levels of compensation through the end of 2011. If the House fails to pass similar legislation, a 25 percent cut to Medicare and TRICARE physician payments would take effect on Jan. 1, 2011.

"With a double-digit payment cut, some doctors would stop seeing Medicare and TRICARE patients," Sen. Chuck Grassley, R-Iowa, said in a statement on Wednesday. Grassley is ranking member of the Finance Committee, the panel that has jurisdiction over Medicare. "This bipartisan legislation will help ensure that older Americans and military families can continue to get quality health care," he added.

To maintain the 2010 levels of compensation for Medicare and TRICARE doctors, the bill would amend the current policy for overpayments of the health care affordability tax credit. Under the current policy, individuals and families who receive an overpayment are required to return a fixed amount ($250 for individuals and $400 for families) regardless of income bracket. The proposed legislation would require paybacks based on the income bracket of the recipient.

"I'm encouraged that we were able to work together in a bipartisan way and protect access to care for America's 45 million Medicare beneficiaries in a fiscally responsible manner," Minority Leader Mitch McConnell, R-Ky., said in a statement.

Senate Majority Leader Harry Reid, D-Nev., also applauded the Senate's vote as a bipartisan victory. "This bipartisan agreement gives peace of mind to seniors and military families in Nevada and across the nation," Reid said in a statement.

The bill, now awaiting President Obama's signature, also extends the life of a number of provisions including Transitional Medical Assistance -- allowing low-income families to keep Medicare coverage for a limited time after finding a job that makes them ineligible for coverage -- and the Special Diabetes Program, which provided funding for research on the prevention and cure of type 1 diabetes. An extension of protections for rural hospitals and doctors is included in the bill as well.

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Washington reacts to Obama’s federal pay freeze

Norah Swanson — Tue, 30 Nov 2010 00:00:00 -0500

President Obama's two-year pay freeze for federal employees has sparked reaction on both sides of the political aisle. Here's a list, in no particular order, of statements from some of the players in the federal pay debate:

Federal employees who support the president's pay freeze

Jacob Lew, director of the Office of Management and Budget

House Minority Leader John Boehner, R-Ohio

House Majority Leader Steny Hoyer, D-Md.

Rep. Darrell Issa, R-Calif, ranking member of the House Oversight and Government Reform Committee

American Federation of Government Employees

Colleen M. Kelley, National Treasury Employees Union president

Federal Managers Association

Carol A. Bonosaro, president of the Senior Executives Association

Joseph A. Beaudoin, National Active and Retired Federal Employees Association president

Lawrence Mishel, president of the Economic Policy Institute

Gregory Junemann, president of the International Federation of Professional and Technical Engineers

OMB releases preliminary guidance on plain writing

Norah Swanson — Tue, 23 Nov 2010 00:00:00 -0500

guidelines on Monday to help federal agencies meet the requirements set out in the 2010 Plain Writing Act.

The law requires OMB to produce a more thorough set of guidelines by April 13, 2011, but Monday's memorandum provides a formal definition of plain language, outlines steps agencies must take to comply with legislation and lists resources for further guidance.

OMB defines plain writing as "concise, simple, meaningful and well-organized," and free of jargon. Public documents and websites that provide information on, or are necessary to obtain, federal services must be written in plain language. Content that explains to the public how to comply with federal requirements also must meet the terms of the law.

According to the legislation, agencies must designate an official to oversee implementation of plain writing by July 13, 2011. OMB advises agencies to select someone "sufficiently senior" in rank who has "cross-cutting agency responsibilities" and is involved with communications.

The guidance also reminds agencies that implementation reports are due on July 13, 2011. Officials overseeing implementation will be required to brief OMB and the White House on the status of the process at each agency.

The Plain Language Action and Information Network, an interagency working group, will develop final rules by April 2011. In the interim, agencies must follow the network's current guidelines.

Kathryn Catania, co-chairwoman for PLAIN, said her organization is excited to be an integral part of implementing the law. "We're thrilled because we have all been plain language supporters for a very long time," she said. "PLAIN is here to help any federal agency develop a plain language program." The organization offers free training and tips for agencies developing a plain language program.

Plain writing is an effective means of cutting costs and "an essential part of open government," OMB's memo noted. "Transparency, public participation and collaboration cannot easily occur without plain writing."

Agencies must designate a section on their websites to communicate how they are complying with the plain language law and invite feedback from the public.

President Obama signed the Plain Writing Act into law on Oct. 13.

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Awards honor plain language and condemn jargon

Norah Swanson — Thu, 18 Nov 2010 00:00:00 -0500

An organization dedicated to ridding government and business of jargon announced on Wednesday it's accepting nominations for the best -- and worst examples -- of communication in those two fields.

The Center for Plain Language, a research and advocacy organization aimed at making government and business documents easy to understand for all Americans, is gearing up for its second annual awards, accepting nominations for the ClearMark and WonderMark honors in the public, private and nonprofit sectors. While the ClearMark awards are the best examples of clear communication, WonderMark honors are given to the worst examples of plain language.

Annetta Cheek, chairwoman of the center's executive board, has been fighting for legislation to mandate plain language in government since the mid-1990s. Cheek, a former employee at the Interior Department and the Federal Aviation Administration, said she was thrilled when President Obama signed the 2010 Plain Writing Act into law in October.

The law requires federal agencies to use plain language in all public documents such as letters, tax forms, notices and instructions by October 2011. Agencies also must designate a senior official to oversee implementation of plain language, and the Office of Management and Budget must develop guidance within six months of the law taking effect.

"It seems that the public hasn't gotten engaged in this issue," said Cheek on Tuesday. But, she pointed out, people always are quick to complain about how difficult it is to decipher certain government or financial forms. "People seem to accept that it's just the way life is," Cheek said.

Cheek believes the new law will give government employees who advocate for clear communication a tool to finally make things happen at their agencies. She hopes the ClearMark and WonderMark awards will "raise the profile of plain language to get people more assertive about demanding language they can understand."

In 2009, the center gave the ClearMark's grand prize to HealthWise, a nonprofit providing consumer health information, for its website Conversation on Low Back Pain. ClearMark award winners from the public sector included the Health and Human Services Department and the city of Gresham, Ore. for their websites. The Washington State Labor and Industries Department took honors for its revised letter to recipients requesting public records.

The center handed the 2009 WonderMark grand prize to the I-94 form, the questionnaire international visitors fill out when entering the United States. One question asks: "Between 1933 and 1945, were [you] involved, in any way, in persecutions associated with Nazi Germany, or its allies?"

Other WonderMark award winners from last year included Southern Pennsylvania Transit Authority's complicated emergency instructions for regional rail and the Education Department's extensive regulations on the Federal Family Education Loan Program.

This year, Cheek hopes to collect even more nominations for the two awards. She also would like to receive nominations from a greater range of sectors, particularly the financial sector. "There is a great need for clearer financial material," she said.

The Center for Plain Language will announce the winners of the ClearMark and WonderMark awards on April 28. Click here to submit nominations.

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Board to revisit more aggressive default funds for TSP participants

Norah Swanson — Tue, 16 Nov 2010 00:00:00 -0500

During a monthly Federal Retirement Thrift Investment Board meeting on Tuesday, Chairman Andrew Saul said he wanted to reopen discussions on shifting the default option from the government securities (G) fund to the L funds, which automatically move investors to less aggressive and more stable portfolios as they near retirement.

The L funds are riskier than the G Fund, but are designed to produce higher returns over the long run. Board members agreed that life-cycle offerings are good tools for participants who might not be financially savvy, and appeared open to re-examining the option of making them the default investment.

But TSP Executive Director Gregory Long reminded the board, "Timing is everything." In 2009, labor unions and federal employee group representatives on the Employee Thrift Advisory Council voiced concern over a bill the House passed in 2008 that would move indecisive investors to the L funds.

During the 2009 meeting, James Sauber, chairman of the advisory council and chief of staff for the National Association of Letter Carriers, said, "If this had been the default for a new young federal employee this year, and they weren't wise enough to be on top of their selection, they could be losing big."

Before the economic downturn, however, the advisory board unanimously supported the legislation.

Shifting the default for TSP participants would affect more federal employees than even before. As of Aug. 1, agencies have automatically enrolled all new civilian employees in the retirement program. Those who do not want to participate must opt out. Long said 51,545 employees have been automatically enrolled in TSP since August. Of those, 27,790 participants, or 53.9 percent, failed to designate how they wanted their money invested, and they were placed in the G Fund.

Saul recommended the board set up a joint meeting with the Employee Thrift Advisory Council in early 2011 to further explore the possible shift. "We've always brought the unions in," he said.

Also during Tuesday's meeting, TSP Chief Investment Officer Tracey Ray gave a brief report on plan's performance and noted a significant drop in L 2010 Fund participation -- from 111,773 at the end of September to 101,527 at the end of October. The L 2010 Fund will close at the end of the calendar year, and any money invested in it will be rolled into the L Income Fund, designed for those who have reached retirement and plan to withdraw savings monthly. Ray said the drop in L 2010 Fund participation could reflect investors' reservations about moving their savings to the L Income Fund.

The board also is planning to distribute in January 2011 an interactive DVD that will provide a thorough introduction to TSP for recently enrolled participants. It is producing separate copies of the DVD for the civilian workforce and military service members. Long said the DVDs should make up for other communications programs cut due to budget constraints.

The board's next meeting will be a teleconference in December.

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Veterans learn the power of the pen

Norah Swanson — Thu, 11 Nov 2010 00:00:00 -0500

Jehanne Dubrow, author and assistant professor of English at Washington College in Maryland, spent several Saturdays this fall teaching creative writing to a unique group of students: military veterans.

"Learning how to put emotion on paper, with control and intellectual vigor, can be therapeutic," Dubrow said. Most of the veterans enrolled in the course had recently left service. "Their experiences are still fresh," she said.

The workshop, sponsored by a grant from the National Endowment for the Arts and conducted through The Writer's Center in Bethesda, Md., was free to retired and active-duty service members. Dubrow will teach the same course again next spring.

For most of the veterans, this was their first experience with creative writing, Dubrow said.

While her workshops focus on poetry and nonfiction, she encourages students to work in whatever genre is most appropriate for their story, and she pushes them to keep a daily journal.

Dubrow, who is married to a career Navy officer, knows firsthand how creative writing can ease the unique stress that comes with life in the military. Four years ago, when it looked like the Navy was going to send her husband to Iraq or Afghanistan, Dubrow said she was terrified and began writing poems to deal with her anxiety.

That didn't happen, but earlier this year he deployed to the Western Indian Ocean for nine months to conduct anti-terrorism and anti-piracy operations. The result for Dubrow was Stateside (Northwestern University Press, 2010), a collection of poetry encapsulating her experiences before, during and after her husband's deployment.

"I find it very helpful to use the constraints of poetry to grapple with unwieldy emotions," she said. Dubrow knows her husband might have to serve in Iraq or Afghanistan in the future. "The prospect still frightens me but I also feel as if the book allowed me to face my fears and address some of the terrible things that could happen," she said.

Dubrow's poetry has given voice to the experiences of many military spouses. She has received "amazing e-mails and letters from people saying that the poems resonate for them," she said.

Her next workshop for veterans will be on Saturdays from May 7-June 4, 2011. Wayne Karlin, author, professor and Vietnam veteran, will teach a similar course on Saturdays, April 2-April 30. Veterans and service members who are interested can learn more and sign up for the workshops through The Writer's Center.

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Watchdog calls for reform of Justice travel policies

Norah Swanson — Tue, 09 Nov 2010 00:00:00 -0500

In a review of travel expenses filed by U.S. attorneys that exceeded government lodging rates, the IG found policy inconsistencies and poor oversight were to a certain degree to blame for recurring abuses among a small percentage of attorneys. The watchdog suggested the Justice management division reform its multilayered approach to travel reimbursement.

The IG office conducted its review between 2007 and 2009 in response to growing concerns that U.S. attorneys were spending excessive amounts on travel arrangements. The assessment found the majority of attorneys did not exceed government lodging rates, but investigators cited five U.S. attorneys who consistently spent more than they were supposed to. The report did not name the attorneys.

The abuses stemmed largely from policies that allowed attorneys to authorize many of their own travel expenses, the IG concluded. In these situations, an attorney and his or her staff would be the only body to review expenses. If an attorney's expenses exceeded government rates on a travel authorization, then the staff simply would increase the preauthorized amount.

Furthermore, attorneys and their staff were not required to document and justify unsuccessful attempts to find lodging that falls within government rates. In one of the cases documented in the report, the secretary of one repeat offender would call four of the most exclusive hotels in Washington, and when none met the government lodging rate, she would deem the rate "unavailable."

In addition, two oversight bodies -- the Executive Office for United States Attorneys and JMD's Fiscal Services Section -- were ineffective at catching transgressions, the IG found. According to the senior adviser for management and operations at EOUSA, the agency does not have written policies on travel review in place. He admitted that, when reviewing, he focused his attention on the purpose of the travel.

FSS never saw most of the travel reimbursements in question because the unit reviewed only authorizations for foreign travel and trips that exceeded $2,500.

In response to the inspector general's review, EOUSA and JMD issued memoranda to reform Justice travel policies. EOUSA's order, released in February, established a travel office dedicated solely to managing the travel authorizations and vouchers of U.S. attorneys. Under the memos, EOUSA also must now approve all out-of-district travel and any in-district travel that exceeds government lodging rates.

In a response to the report, H. Marshall Jarrett, director of EOUSA, said, "Since the commencement of this review, the Executive Office for the United States Attorneys has developed travel policies and procedures that have substantially improved controls over United States attorney travel."

The IG applauded EOUSA's and JMD's reform efforts, but strongly suggested Justice revise its Travel Order and the U.S. Attorneys' Manual so they are consistent with policies in the new memoranda.

The watchdog also recommended Justice issue guidance as to what extent attorneys and their staffs must search before declaring government lodging rates unavailable. And investigators suggested requiring detailed justification in situations when attorneys exceed government rates.

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National labor-management council spars over telework

Norah Swanson — Wed, 03 Nov 2010 00:00:00 -0400

In her report on the group's first conference call, council member Patricia Niehaus, national president of the Federal Managers Association, said some participants thought the group was created to explore ways to implement a mobile workday for federal employees in the event of a terrorist attack or natural disaster. Others thought the group ought to work toward a broad, governmentwide telework policy.

"We kept coming back to the same thing," Niehaus said.

Differences of opinion within the working group spilled over into a discussion among members of the entire council.

Co-chairman Jeffrey Zients, acting director of the Office of Management and Budget and federal chief performance officer, said the Obama administration is developing a governmentwide telework policy. When asked about OMB's progress doing so, Zients said, "There have been discussions. It's engaged." But he added, "I don't think it's imminent."

Zients, who voiced concerns about the working group in September, questioned whether the group is necessary before a broader telework policy is unveiled.

John Gage, national president of the American Federation of Government Employees, fired back, reminding the council that a number of union contracts involving telework date back to the 1990s. He said examining a mobile workday only in the event of a snowstorm would be insulting. "If you can work from home on a snow day, you can work from home on a beautiful day in July," he said. "We're half-stepping the issue.

"Telework has to come through this group," he added. "Period."

Meanwhile, the council did reach a consensus on guidance to advise agency labor-management forums on evaluating success of the partnerships. The document will be posted soon on the council's website and sent to agency forums.

The council also voted unanimously to approve an implementation plan for the labor-management forum at the Social Security Administration. Both sides are ready to move forward, reported council co-chairman John Berry, director of the Office of Personnel Management.

Berry still is working on a letter to be sent to agency labor-management forums with guidance on engaging employees or their union representatives ahead of time in decisions that affect their daily work, known as "predecisional involvement."

The National Council on Federal Labor-Management Relations was created through a 2009 executive order. Its next meeting is scheduled for Dec. 1.

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Most Washington-area incumbents coast to victory

Charles S. Clark and Norah Swanson — Tue, 02 Nov 2010 00:00:00 -0400

Most Washington-area lawmakers with a keen interest in federal employees' issues were reelected to Congress Nov. 2, but a tight race between Rep. Gerry Connolly, D-Va., and his Republican challenger appeared headed for a recount late Tuesday.

With almost all the votes counted, Connolly held a very narrow lead -- roughly 500 votes -- over businessman Keith Fimian. The contest, a rematch between the men, touched on the larger theme of this year's midterm elections: the role and size of government in public life. The Virginia Democrat has been a vocal supporter of federal employees during his freshman term; in June, he called proposals to freeze feds' pay "demoralizing," and in September he introduced legislation to make lump-sum payments the default payout option for federal life insurance program beneficiaries.

Fimian said on his campaign website that voters "are thinking that our government has become a hostile force that attacks success and they are not acting because, in this environment, they can't predict what the government is going to do to them in the future."

Connolly's tight race is an additional worry for Democrats, who lost their majority in the House to Republicans. Many Republicans have proposed federal pay and hiring freezes, as well as furloughs for government employees, to cut spending. Rep. Darrell Issa, R-Calif., who will take over the chairmanship of the House Oversight and Government Reform Committee, indicated the Republicans indeed will try to roll back government. "The mandate is clear: Advance an agenda that will create real jobs, not government jobs, but real jobs to get our economy moving again. Reduce the footprint of government in our lives, get government to live within its means and make government more transparent and accountable," he said in a statement.

In the House, Republican Minority Whip Eric Cantor, R-Va., will shape much of the next Congress' agenda. Cantor, who beat challenger Rick Waugh, a social worker from Louisa, Va., likely will move from minority whip to the powerful majority leader slot, replacing current Majority Leader Steny Hoyer, D-Md. Cantor is co-author of a recently published political manifesto titled Young Guns: A New Generation of Conservative Leaders (Simon & Schuster, 2010), in which he wrote: "Government doesn't create jobs and build wealth; entrepreneurs, risk takers and private businesses do."

But the reelection of prominent area lawmakers from both parties could make it difficult to push through significant changes in the size of government in the 112th Congress, or to federal employees' pay and benefits in particular.

Majority Leader Steny Hoyer, lost his leadership title, but beat Republican Charles Lollar, a major in the Marine Corps Reserves and a business executive. Hoyer, who in 2007 became Maryland's longest-serving House member ever, will enter his 15th term. He led the charge to restructure the federal workforce pay system, culminating in passage of the 1990 Federal Employee Pay Comparability Act. Nearly 10 years later, Hoyer introduced the Federal Employee Pay Fairness Act to give government employees higher pay raises, and he continues to support pay parity between civilian employees and military personnel. He is a long-time supporter of flexible work schedules and telework, voting in July in favor of the Telework Improvements Act.

Here's a recap of other races that could affect federal employees in the next Congress:

Maryland (Incumbents are all Democrats):

Rep. Elijah Cummings beat Libertarian Scott Spencer and Frank Charles Mirabile Jr., the Republican challenger who described himself as "pro-lower taxes, pro-limited government, pro-national defense and pro-Second Amendment." During his eight terms, Cummings has been a strong advocate for the federal workforce. In 2000, to compete with the private sector, he introduced a bill to give federal employees with one or more years of service a free computer and unlimited Internet access at home. In 2009, Cummings co-sponsored a bill to raise the maximum age at which a child remains covered under the benefits program for government workers. He is an advocate for cutting wasteful spending on government contracts, introducing a bill in 2007 to prohibit private contractors from overseeing the Coast Guard's fleet modernization.

Rep. Donna Edwards dispatched challenger Robert Broadus, a Navy veteran and small business owner with ties to the Tea Party. Edwards, whose mother and sister were members of the American Federation of Government Employees, has consistently opposed the outsourcing of inherently governmental jobs. She worked to include three amendments to the 2010 National Defense Authorization Act to close loopholes foreign companies exploit to win contracts, and she championed legislation directing Defense Department installations to engage with local businesses in her district.

Sen. Barbara Mikulski handily defeated Republican challenger Eric Wargotz, a physician, small business owner and former president of the Queen Anne's Board of County Commissioners. Mikulski has championed legislation to provide affordable long-term care for federal workers, and she has introduced bills to allow retired government employees not covered by Social Security to keep more of their Social Security spousal benefits.

Rep. John Sarbanes defeated Republican Jim Wilhelm, a Marine Corps veteran and chief executive officer of an advanced technology consulting business. Like Hoyer and Connolly, Sarbanes is an avid supporter of telework, sponsoring the 2009 Telework Improvements Act. He also added a provision to the 2009 SERVE America Act that created the Veterans Corps, dedicated to engaging troops and military families through service.

Rep. Chris Van Hollen coasted to victory over Republican challenger Mike Philips, a Marine Corps veteran who positioned himself as an "ordinary citizen" and condemned career politicians. Van Hollen's campaign touted the incumbent as a "staunch believer in transparency and open government." For years, Van Hollen fought for an overhaul of competitive sourcing provisions that can pit federal offices against private firms. In 2009, he added whistleblower protections to the House stimulus bill.

As Democratic Congressional Campaign Committee Chairman since 2006, Van Hollen might not find it easy to adjust to the Democrats' loss of the House -- he contributed more than $1.5 million this cycle to DCCC and individual candidates.

Virginia:

Democratic Rep. Jim Moran survived campaign-trail controversies over comments some perceived as anti-military, defeating Republican retired Army Col. Patrick Murray. Moran likely will continue serving on the House Appropriations Committee and its Interior and the Environment Subcommittee, though no longer as subcommittee chairman. A senior member of the Defense Subcommittee, Moran also helped oversee budgets for the Environmental Protection Agency, National Park Service and Smithsonian Institution. One of his pet projects has been easing traffic congestion created by the 2005 Base Realignment and Closure Commission's move of civilian and military defense workers farther from Washington.

Republican Rep. Frank Wolf beat career Air Force officer Jeffrey Robert Barnett, a Democrat. Wolf is Virginia's most senior House member and serves on the powerful Appropriations Committee. His central issue is transportation planning in the Washington area.

District:

In the District of Columbia, nonvoting Del. Eleanor Holmes Norton easily won reelection. A former head of the Equal Opportunity Employment Commission under President Carter, Norton has a longtime interest in diversity in hiring. She also has been active in emergency response and building security issues. Norton recently urged the General Services Administration to accelerate Metro board appointments to help keep the transportation system safe.

Ohio:

The result of the Ohio Senate race is one contest outside the Washington-metro area that could influence government management and federal employee issues. Former Republican Rep. Rob Portman won the seat being vacated by Sen. George Voinovich, a longtime champion of improving federal management. Portman, though, has a track record in the government, both as director of the Office of Management and Budget and as the U.S. Trade Representative under President George W. Bush. Back in the late 1990s, he was co-chairman of the National Commission on Restructuring the Internal Revenue Service.

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Problem-solving requires cooperation, says retired Adm. Thad Allen

Norah Swanson — Mon, 01 Nov 2010 00:00:00 -0400

Agencies have to work together and marshal their respective strengths to find effective solutions to government problems, retired Coast Guard commandant Adm. Thad Allen told federal employees on Monday at a conference in Washington.

"Nobody owns all of the means in government to solve the problems," said Allen. The retired admiral gave the keynote address at Government Executive Media Group's Excellence in Government conference.

Allen spoke from experience as the national incident commander for the Deepwater Horizon Oil Spill in the Gulf of Mexico and the top federal official for response and recovery operations after Hurricane Katrina. "You can charge everyone up on a mission…but we need to make sure we create a cross-government approach. There is a risk that everyone walks out of there thinking that they're a Blues Brother," he said, referring to a tendency among agencies toward improvising, or going it alone, that isn't always useful in a crisis.

Allen believes the federal government needs leaders who can optimize performance at their own agencies, but during a crisis, subordinate individual goals to a "whole-of-government" approach. Another key to successful problem-solving in government lies in careful analysis of the issues before devising solutions. When charged with coordinating response and recovery operations after Hurricane Katrina, Allen did not have a clear assignment. He decided the first thing to ask was, "What is it we're trying to fix?"

During Monday's speech, Allen also stressed the importance of turning crisis response methods into standard operating procedures. He adopted strategies used in the U.S. response to the earthquake in Haiti earlier this year, such as taking control of the airspace, and applied them to cleanup efforts after the BP oil spill.

In times of crisis, and on a daily basis, Allen said members of the public are going to base their perceptions of government on personal transactions, as they did after oil spill. Alluding to the dissatisfaction among Gulf Coast residents with contractors staffed in the region, the retired commandant said, "You cannot outsource core values -- empathy and compassion -- to a third party."

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OPM holds disability employment training

Norah Swanson — Tue, 26 Oct 2010 00:00:00 -0400

OPM Deputy Director Christine Griffin organized the training in response to President Obama's July executive order calling on federal agencies to hire an additional 100,000 disabled workers during the next five years. President Clinton originally set that goal in a 2000 directive, but according to Obama, "Few steps were taken to implement that executive order in subsequent years."

Two hundred and eighty-five participants registered for Tuesday's event, some traveling from as far as California to attend. OPM also offered a webcast for those who couldn't make it.

Kareem Dale, special assistant to the president for disability policy, kicked off the day with an overview of Obama's executive order and a discussion of agencies' role in implementing the directive. Angela Bailey, deputy associate director for recruitment and diversity at OPM, showed recently developed training videos.

Joyce Bender, owner and chief executive officer of Bender Consulting Services, highlighted a new list of disabled individuals interested in working for the federal government, which could make it easier for agencies to meet the executive order's goal. Bender's consulting firm contracted with OPM and worked in collaboration with the Chief Human Capital Officers Council to create the register.

Participants also took part in a "robust" hour-long question-and-answer session, according to Griffin. "Everyone was very positive and eager to get things going," she said.

A number of participants expressed concern about retaining employees with disabilities Griffin noted. She said agencies must make a better effort to find out why these workers are leaving, something the federal government has not traditionally studied.

Griffin said the forum was the first of its kind since Obama issued the executive order. OPM will evaluate feedback from participants before conducting further training.

The executive order calls for OPM to issue guidance on strategies to hire and recruit disabled workers. This guidance is in the clearance process, and Griffin expects it to be available to agencies by next week. After the guidance is issued, agencies will have 120 days to devise their own strategies for implementing the executive order.

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Appeals court suspends judge’s order on ‘don’t ask, don’t tell’

Norah Swanson — Thu, 21 Oct 2010 00:00:00 -0400

The 9th U.S. Circuit Court of Appeals on Wednesday temporarily halted a judge's order to stop enforcement of the military's "don't ask, don't tell" policy, according to a report from the Associated Press.

The 1993 law bans openly gay men and women from serving in the armed forces.

Ruling in favor of the Justice Department, the court suspended the Oct. 12 decision by U.S. District Judge Virginia Philips, who ruled the law was unconstitutional. Phillips' decision already has prompted a number of gay service members discharged under "don't ask, don't tell" to re-enlist.

Lawyers for Justice argued that Philips' injunction should be suspended until the appeals process is fully carried out. They fear the injunction will encourage service members to reveal their sexual orientation before a final verdict on the matter is reached.

The appeals court gave the Log Cabin Republicans, the gay rights political advocacy group challenging "don't ask, don't tell" and its lawyers, until Monday to file arguments against the latest ruling.

"We view the decision as nothing more than a minor setback," Dan Woods, attorney for the Log Cabin Republicans, told AP. "We didn't come this far to quit now, and we expect that once the 9th Circuit has received and considered full briefing on the government's application for a stay, it will deny that application."

President Obama supports a repeal of "don't ask, don't tell," but believes Congress should handle it. Defense Secretary Robert Gates also supports a repeal of the law, and appointed a task force in February to study how the military would implement a lifting of the ban.

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Cemetery employees will receive job training

Norah Swanson — Wed, 20 Oct 2010 00:00:00 -0400

Employees at Arlington National Cemetery for the first time will be able to enroll in a training program the Veteran Affairs Department operates, Secretary of the Army John McHugh, announced on Tuesday.

The National Cemetery Administration Training Center, created in 2004 to provide job instruction to workers at the 131 national cemeteries VA runs, will teach technical skills and leadership development to Arlington employees at all levels, from groundskeepers to supervisors.

Executive Director of the Army's National Cemetery Program Kathryn Condon said this will be the first formal training program ever for Arlington National Cemetery employees, according to a news report in The Washington Post. She described previous training as "on the job."

The agreement between the Army and VA, which extends through the end of fiscal 2013, allows as many as three Arlington employees at a time to attend each offering of the Cemetery Representative and Cemetery Operations courses at the training center, said VA spokeswoman Josephine Schuda on Wednesday. In fiscal 2011, there will be a total of five courses. "Other training opportunities may be made available on a case-by-case basis," Schuda said.

"While Arlington National Cemetery's unique military mission sets us apart from other national cemeteries, we are committed to learning from and partnering with experts in cemetery administration to improve overall operations," McHugh said Tuesday.

Problems at Arlington surfaced in June when an investigation by Army Inspector General R. Steven Whitcomb revealed that 211 gravesites either were misidentified or misplaced. In July, Sen. Claire McCaskill, D-Mo., warned the problem could be much worse since the Army report surveyed only a small section of the cemetery.

McHugh also announced that Patrick Hallinan, former director of field operations at the National Cemetery Administration, is Arlington's new superintendant. Hallinan served as acting superintendant following the resignation of John C. Metzler in June.

"I have confidence in the dedicated workforce at Arlington, and the executive director and I look forward to continuing the progress we've made in the past few months to ensure our nation's heroes are laid to rest with dignity and honor," said Hallinan.

In September, McCaskill and Sen. Scott Brown, R-Mass., introduced legislation (S. 3860) to identify and resolve gravesite errors at Arlington. The legislation is in the Senate Veterans Affairs Committee.

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GAO: Defense domestic violence tracking remains flawed

Norah Swanson — Mon, 18 Oct 2010 00:00:00 -0400

The Defense Department's system for collecting data on domestic violence within military families is flawed, according to a new report from the Government Accountability Office.

The department maintains two databases for such information, the Defense Incident-Based Reporting System and the Family Advocacy Program's Central Registry, but it uses the central registry for reporting the official number of domestic abuse cases. The central registry includes only those incidents reported to the department's Family Advocacy Program; it does not take into account domestic abuse reported solely to law enforcement.

GAO first raised concerns over incomplete data in 2006, but the latest report concluded Defense has not yet fixed the problem.

"Because DoD cannot provide accurate numbers of domestic abuse, it cannot analyze trends," GAO reported.

The watchdog acknowledged improvements since its 2006 report, but called on Defense to develop goals and performance metrics to measure the effectiveness of the department's campaign to prevent and treat domestic abuse.

The audit, conducted between July 2009 and April 2010, found that inconsistent leadership also stymies the Pentagon's efforts to prevent domestic violence.

The report cited the 2007 closing of the Defense Family Violence Policy Office as an example of failed leadership. Upon closing the office -- created in 2003 to oversee the implementation of nearly 200 recommendations a Defense task force made on domestic abuse -- the Pentagon reported that the office had addressed 82 percent of the recommendations. GAO's report found, however, that responsibility for implementing the remaining recommendations was not reassigned by the time the office closed.

GAO also criticized the Office of the Undersecretary of Defense for Personnel and Readiness, which is responsible for overseeing the department's efforts to implement the task force's recommendations. "This office has taken few actions to demonstrate sustained commitment to improving its efforts in this area," the report stated.

In response, Defense agreed to address the accuracy of its reported data and its oversight framework. Defense also said it would like to coordinate with the Justice, Health and Human Services, and Veterans Affairs departments to develop this framework.

A January 1999 60 Minutes report found that military families were five times more likely to be violent than civilian families. In response, Congress ordered the Pentagon in the fiscal 2000 Defense Authorization Act to create a task force to address the prevalence of domestic violence among military families.

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Memorial fund breaks ground on law enforcement museum

Norah Swanson — Thu, 14 Oct 2010 00:00:00 -0400

The country's first museum to honor law enforcement will be built almost completely underground, officials said Thursday, and will feature state-of-the-art technology to wow visitors.

The National Law Enforcement Officers Memorial Fund on Thursday broke ground on the museum, which will be located in Washington, across the street from the National Law Enforcement Officers Memorial.

The museum is expected to open by the end of 2013 and will showcase technology to interact with visitors. A 911 call center and use-of-force judgment simulator will give visitors a chance to make the type of split-second decisions law enforcement officers make every day. The building also will house a mock forensics lab, allowing visitors the chance to analyze clues and solve crimes.

The museum's capital campaign must raise $25 million between now and the facility's completion. The memorial fund expects the total cost of the museum to reach $80 million. The campaign has received big donations from corporate sponsors and the District of Columbia government, but the largest gift -- a $5 million donation -- came from Police Unity Tour, a network of law enforcement officers across the country who raise awareness for those who have died in the line of duty with an annual four-day bicycle ride from New Jersey to the National Law Enforcement Officers Memorial. The museum will honor the more than 1,800 law enforcement officers killed in the line of duty as well as all those who have served, and lived to tell their stories, said NLEOMF Chairman and Chief Executive Officer Craig Floyd.

"We recognize that public safety is a partnership between law enforcement and the citizens they serve," Floyd said during Thursday's ceremony. "This museum will strengthen that partnership by helping people to better understand and appreciate the value of policing in America."

Attorney General Eric Holder, who also spoke on Thursday, described himself as a "lifelong admirer of law enforcement."

"I expect that here, where we broke ground today, future generations will be inspired," he said.

The first phase of construction on the museum will begin in the next few weeks.

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Survey: Pay and benefits remain an issue for military families

Norah Swanson — Tue, 12 Oct 2010 00:00:00 -0400

Pay and benefits, deployments and their effects on children weigh heavily on the minds of military families, according to a new survey.

Eighteen percent of respondents to a May 2010 online survey by the nonprofit Blue Star Families reported pay and benefits as their chief concern, and 41 percent of respondents said it ranked among the top three issues associated with military life. A similar survey in 2009 by the organization found 21 percent of respondents ranked pay and benefits as the top issue that year.

The 2010 survey, which had 3,634 respondents, questioned family members worldwide on stress, relationships, spousal employment, effects of deployment on children and other lifestyle issues.

The majority of respondents -- 73 percent -- were spouses of service members. Almost half of respondents had more than one immediate family member affiliated with the military, according to an executive summary of the survey.

Of the 41 percent who believed pay and benefits ranked among their top three challenges, 84 percent said in an open-ended question they had trouble making ends meet, or believed service members' pay was low.

Contributing to the financial stress could be the fact that 49 percent of spouses felt that being married to a service member had a negative impact on their ability to pursue a career; 53 percent said military moves hurt their careers.

Only 8 percent of respondents believed the status of military spouse had a positive effect on their career. The survey found many spouses with successful careers were allowed to telework.

"This is a wide-screen, big-picture study, and shows the challenges families face with such a small percent of our country serving in the military and bearing the burden of eight years of constant deployments," Vivian Greentree, director of research and policy for Blue Star Families, said in a statement.

Ninety percent of respondents said their stress level was high or much higher while the service member in the family was deployed.

Blue Star Families released the findings late last month during the first-ever joint meeting of the Senate and House Military Family Caucus. Senate caucus Chairwoman Barbara Boxer, D-Calif., said, "We need to know … the good and the tough, the bad, the beautiful that you're going through. Because if we know that, information is power -- we can do something about it."

Blue Star Families will post full results of the survey on its website later this month.

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Unions to managers: Give employees a bigger voice in decisions

Norah Swanson — Wed, 06 Oct 2010 00:00:00 -0400

The process of gathering employee input -- called pre-decisional involvement -- needs a jump-start, said Colleen Kelley, national president of the National Treasury Employees Union, during a council meeting. Kelley's comments were prompted by a report from the council's working group on key terms and phrases.

John Gage, national president of the American Federation of Government Employees, also voiced frustration to the council's chairman, Office of Personnel Management Director John Berry. "A lot of people are getting soured, John, because the process is not happening," Gage said. "Let's get pre-decisional [involvement] moving."

David Holway, president of the National Association of Government Employees, a union of federal, state, county and municipal workers, suggested Berry send members of agency labor-management forums a letter, reminding them of language related to pre-decisional involvement in President Obama's December 2009 directive establishing labor-management partnerships.

According to Executive Order 13522, agencies must include pre-decisional involvement "in all workplace matters to the fullest extent practicable." Berry read the relevant text aloud to the council on Wednesday and reminded members that management is required to make an effort to include the tactic in all applicable workplace decisions.

He agreed to draft a letter with guidance -- possibly best practices -- related to pre-decisional involvement. The letter will go to members of the National Council for approval before being sent to agency forums.

The council also revisited the topic of telework on Wednesday. Patricia Niehaus, national president of the Federal Managers Association, reported that 10 members volunteered themselves or their colleagues to be part of a telework working group. The group will hold its first teleconference on Oct. 22, and is planning to collaborate with OPM's Work-Life Group and possibly the General Services Administration.

The next meeting of the National Council on Federal Labor-Management Relations is scheduled for Nov. 3.

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Supreme Court will weigh in on NASA contractor dispute

Norah Swanson — Thu, 30 Sep 2010 00:00:00 -0400

The Supreme Court on Tuesday will hear arguments from NASA contractors who claim the government has violated their privacy with intrusive background checks.

The case involves 28 California Institute of Technology scientists, under contract with NASA at the Jet Propulsion Lab in Pasadena, Calif. On Thursday, Virginia Keeny, attorney for the JPL scientists, said the case will address the broader question of whether the government can "force employees whose jobs have no effect on national security to reveal private information in order to keep their jobs." Keeny spoke during a conference call organized by the Union of Concerned Scientists, a nonprofit dedicated to protecting the integrity and independence of science.

"The court decision will have an impact far beyond JPL," she said.

The JPL scientists sued NASA in 2007 over implementation of the Bush administration's Homeland Security Presidential Directive 12, which requires a standardized identification card for all government employees and contractors. Before the cards are issued, employees and contractors are subject to extensive background checks that include questions about their ethnicity, finances and health.

None of the JPL scientists involved in the case conduct research considered classified or high risk, and they believe these background checks are unnecessary and unconstitutional.

Robert Nelson, a JPL scientist for 32 years and lead plaintiff in the case, said the background checks include probing of "films we view, books we read and the names of the people we associate with. My personal life is my own business, and it is irrelevant to my job performance."

NASA's public affairs office declined to comment on the case.

According to Kurt Gottfried, UCS co-founder and board member, the court's decision will set a precedent for other independent, federally funded research institutions. He fears that intrusive background checks will discourage talented researchers from working with the government, or other federally sponsored institutions and negatively affect the country's body of scientific work.

On Thursday, Gottfried spoke highly of scientists at JPL. "They have made historic contributions to human knowledge." Keeny expects a verdict on the case from the court within the next few months.

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Bill seeks to resolve errors at Arlington

Norah Swanson — Wed, 29 Sep 2010 00:00:00 -0400

The legislation (S. 3860), introduced on Tuesday by Sens. Claire McCaskill, D-Mo., and Scott Brown, R-Mass., comes in response to two June Army inspector general reports that found hundreds of mismarked and empty gravesites at Arlington. McCaskill is chairwoman of the Senate Homeland Security and Governmental Affairs Subcommittee on Contracting Oversight, and Brown is ranking member. They were joined by Sens. Joe Lieberman, I-Conn.; Susan Collins, R-Maine; and Richard Burr, R-N.C.

During a subcommittee hearing in July, lawmakers said the problem could be worse than originally thought, with thousands not hundreds of mistakes. They vowed to follow up and ensure the errors were corrected.

The bill would require the Army secretary to report to Congress on the cemetery's ability to properly identify and locate each gravesite and to resolve any mix-ups. The secretary also would be responsible for informing Congress of progress in developing a new management and oversight structure at Arlington.

The secretary and the Government Accountability Office would oversee contract management at the cemetery and report findings to Congress. During the July hearing, John C. Metzler, former Arlington superintendent, took full responsibility for the gravesite errors and for millions of dollars wasted on a failed project to automate gravesite tracking. At the time the IG conducted its investigation, Arlington continued to rely predominantly on paper records of graves, which are more prone to human error.

In addition, the legislation would charge GAO with overseeing the cemetery's outreach to families of those buried at Arlington.

"After our July hearing, I made a promise to the American public and to the families of those brave men and women buried at Arlington that the hearing would not be the end of Congress' oversight of this problem," McCaskill said on Tuesday.

Brown added, "This bill is an important step toward ensuring that the families of service members never again will be forced to endure such devastating and emotional turmoil."

A McCaskill spokeswoman said on Wednesday there is no companion bill in the House, but there is some interest in creating one.

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Lawmakers' message loud and clear on jargon

Norah Swanson — Tue, 28 Sep 2010 00:00:00 -0400

The Senate on Monday passed legislation requiring the federal government to use clear language in public documents and to eliminate confusing jargon. Sens. Daniel Akaka, D-Hawaii, and George Voinovich, R-Ohio, sponsored the 2010 Plain Writing Act.

The Plain Writing Act would give federal agencies one year to implement the use of clear language in all public documents. The legislation requires agencies, no later than nine months after the law would take effect, to appoint one or more senior officials to oversee implementation. Agencies also would be responsible for establishing a compliance process, informing the public of their compliance, and receiving and responding to public input on the government's efforts. The Office of Management and Budget is required to publish guidance for agencies on incorporating the mandate no later than six months after the law takes effect.

"Americans lose time and money because government instructions, forms and other documents are too complicated," Akaka, chairman of the government management oversight subcommittee, said in a statement. "People need to be able to understand what documents say in order to hold the federal government accountable." He described the bill as "common-sense reform."

According to Voinovich, ranking member of the subcommittee, "Americans spend 7.6 billion hours a year grappling with incomprehensible tax forms and instructions. In fact, 82 percent of Americans get so confused they pay for help filing their taxes -- stripping dollars from much-needed tax refunds."

A similar bill, also sponsored by Akaka, languished in 2008 after Sen. Charles Grassley, R-Iowa, acting on behalf of Sen. Robert Bennett, R-Utah, stalled it. Bennett feared the bill would complicate the work of the Federal Election Commission and the Election Assistance Commission.

The battle against government jargon is not new. Since the mid-1990s, members of the Plain Language Action and Information Network, a group of federal employees from various agencies, have discussed best practices to combat the use of acronyms and incomprehensible language across government. The Plain Writing Act urges agencies to follow the guidance of PLAIN before OMB issues its best practices for implementation.

The House passed its version of the bill in March. It now returns to the House to reconcile the two versions.

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Tender loving care for new hires pays off, authors say

Norah Swanson — Thu, 23 Sep 2010 00:00:00 -0400

Giving new hires guidance and resources to succeed in their jobs could save federal agencies time and money, according to the authors of a new book.

An effective strategy for onboarding employees includes immersing neophytes in the culture of the new workplace and helping them hit the ground running with specific job assignments, say Mark Stein and Lilith Christiansen of Washington-based international strategy consulting firm Kaiser Associates.

The duo, who penned Strategic Onboarding: A Strategy to Unlock Hidden Value Within Your Organization, McGraw-Hill, 2010, talked to federal executives earlier this week at a forum sponsored by the nonprofit Potomac Forum in downtown Washington's Willard Intercontinental Hotel.

The right combination of job assignments and support -- career development tools in particular -- during a new hire's first year can make all the difference, fostering the employees' feelings of personal satisfaction, Stein and Christiansen said. If a new hire is engaged and thoroughly understands her role in the agency, then this likely will boost productivity, the consultants noted. Those types of employees generally are more motivated and tend to offer ideas for improvement, the authors added.

Alluding to the tension that can erupt between tenured employees and "new blood," Stein reminded forum participants that new hires can provide an opportunity for transformation. "These folks can be a force of change," he said.

Stein and Christiansen will lead another discussion on successful onboarding on Oct. 20 through the Potomac Forum.

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Labor-management council considers tackling telework

Norah Swanson — Mon, 20 Sep 2010 00:00:00 -0400

During a monthly meeting on Monday, council co-chairman John Berry, director of the Office of Personnel Management, gave members 10 days to volunteer for a working group on the alternative work arrangement. If the topic generates enough interest, then the working group would explore possible ways to increase the number of federal employees authorized to work remotely, especially in the event of a natural disaster or terrorist attack.

Speaking to the council at OPM headquarters, Berry said he believes telework allows the government to be more agile and able to maintain continuity of services during emergencies. He encouraged members to tackle the issue, reminding them there is high-level interest in telework, including support from President Obama.

But a number of council members appeared lukewarm about the working group. Even co-chairman Jeffrey Zients, federal chief performance officer and deputy director for management at the Office of Management and Budget -- voiced concerns about addressing telework. Given that many of the labor-management partnerships at the agency level are relatively new, Zients said he wondered if it was too early for the council to push a "signature issue."

Other concerns included the inability to make sweeping recommendations on an issue that is tailored to every agency.

Also during Monday's meeting, Berry announced that as of last week, unions and management agreed to begin bargaining through pilot programs at six federal agencies: the Agriculture, Defense, Homeland Security and Veterans Affairs departments; the National Credit Union Administration; and OPM.

The pilots, authorized by the December 2009 executive order that created the national council and established labor-management partnerships at the agency level, permit bargaining over specified subjects that are not usually negotiable in the federal sector such as technology, methods and means of performing work.

Unions and management at the Labor and Treasury departments have yet to reach agreements.

The national council also is moving closer to adopting a set of standard metrics to measure the success of agency labor-management partnerships. During the meeting on Monday, council members Carol A. Bonosaro, president of the Senior Executives Association, and Michael Filler, director of public services at the International Brotherhood of Teamsters, presented refined metrics under three broad categories the council had agreed to: mission and service delivery, employee satisfaction and engagement, and labor-management relationships.

Berry was happy with the proposed standards. "It looks like real, solid progress," he said on Monday.

This new set of metrics will be discussed further, and possibly approved, during the council's next meeting, scheduled for Oct. 6.

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Former DEA chiefs urge attorney general to just say no

Norah Swanson — Fri, 17 Sep 2010 00:00:00 -0400

Nine former Drug Enforcement Administration chief has asked Attorney General Eric Holder to publicly oppose a controversial ballot initiative in California that would legalize the production, possession and sale of marijuana in that state.

In an Aug. 24 letter to Holder, the former Republican and Democratic DEA administrators, dating back to the Nixon era, expressed their "grave concern" over Proposition 19, the 2010 Regulate, Control and Tax Cannabis Act. The initiative, which Californians will consider on Nov. 2, also would allow the debt-ridden state to collect taxes on the production and sale of marijuana. The former DEA chiefs urged the Justice Department to assert the Supremacy Clause in the U.S. Constitution, as it did in its recent lawsuit against Arizona's new immigration law. That clause, found in Article VI, affirms that federal law trumps state law when the two are in conflict.

"While the California ballot initiative has not yet been approved by voters … it would be in the public interest to be aware of the law and where the Department of Justice would stand if this proposition passed," the letter stated. The authors argued the Supremacy Clause would void Proposition 19 if voters approved the measure, because Prop 19 violates the 1970 Controlled Substances Act, a federal law that renders manufacture, distribution and improper use of marijuana illegal.

Justice did not indicate where it stands on the ballot initiative. "It is premature to speculate what steps we would take in the event that California passes its ballot measure," said Tracy Schmaler, deputy director of public affairs at Justice, in an email. "The federal government is committed to enforcement of the Controlled Substances Act, and the Department of Justice will continue to focus its enforcement resources on significant traffickers of illegal drugs, including marijuana, in all states."

But a former Reagan administration official said the issue of federal and state jurisdiction in this matter is not cut and dried. "Nothing in the Constitution requires a state to prohibit as a matter of state law and prosecution what the federal government has chosen to prohibit as a matter of federal law and prosecution," Bruce Fein, former associate deputy attorney general and general counsel at the Federal Communications Commission, told The New York Times on Sept. 13. Fein is now an advisory board member to Just Say Now, an allegiance of organizations seeking to legalize marijuana and improve America's drug laws.

Proposition 19 would monitor marijuana in California similar to the way alcohol is regulated. Adults 21 and over would be allowed to possess up to 1 ounce of marijuana and to consume the product in their home or licensed establishments. State and local government would be allowed to collect taxes --an attractive approach to combating California's more than $19 billion deficit, supporters say.

But in a press release accompanying the Aug. 24 letter, former DEA administrator Robert Bonner declared Proposition 19 "a cruel hoax on the voters of California," and said it would not generate the revenue voters might hope for. Bonner noted: "In reality, it is highly unlikely that any taxes will be paid, for to do so would admit a criminal violation of federal law and expose the seller to federal prosecution. The proponents of Prop 19 either know that no taxes are going to be raised by the State of California, or they are smoking something."

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