Federal Managers Association

For more information on H.R. 1256, please visit: http://thomas.loc.gov.

FMA PRESIDENT PRESENTS NSPS PANEL WITH DETAILED GUIDANCE

On June 25, Federal Managers Association (FMA) National President Darryl Perkinson will draw on both his own experiences and the experiences of FMA members employed by the Department of Defense (DOD) during his appearance before a DOD task force organized to evaluate the Pentagon’s pay-for-performance personnel program. Shedding light on several necessary structural adjustments vital to the successful implementation of DOD’s National Security Personnel System (NSPS), Perkinson will present the Association’s recommendations for overhauling the divisive program to ensure NSPS promotes best practices and provides federal employees with a foundation to serve in the most efficient and effective manner.

In a statement for the record provided to the task group on June 18, Perkinson discussed how NSPS has failed to live up to the expectations established prior to the system’s implementation. According to Perkinson, FMA remains committed to working with the necessary government bodies to transform the system into a valuable tool for federal employees; however, significant efforts to revamp the program have yielded minimal results.

“The mission-critical nature and sheer size of the Pentagon made the success of the development and implementation of the new personnel system vital,” wrote Perkinson. “Initially, we at FMA were optimistic NSPS would help bring together the mission and goals of the Department with the on-the-ground functions of the homeland security workforce. Three years into the process, we have yet to see widespread success of the system.”

As many Members of Congress have issued their support for an amendment added to the Fiscal Year 2010 Defense Authorization Act, H.R. 2647, which would provide for a return to the General Schedule personnel system for DOD employees, Perkinson emphasized the need for swift action on several fronts if the Pentagon seeks to salvage NSPS. Underscoring FMA’s belief that performance-based pay must remain a component of any future personnel system, whether NSPS or something entirely different, Perkinson praised the establishment of a comprehensive review of the program before proceeding with any additional employee enrollments.

“We are encouraged that the Department heeded calls to halt any more implementation of NSPS until an independent review of the system takes place, and we appreciate this opportunity to share our views with the Task Group,” Perkinson concluded. “The unique experience of our members allows us to convey what is working, what is not, and what is actually going on at the ground level, which is often not what the regulations dictate.”

The forum held on June 25 is open to the public, and we encourage FMA members to attend. For more information on NSPS and the review task force, please visit: www.defenselink.mil. For a copy of FMA's statement, please visit: www.fedmanagers.org.

*************************************************************

WHAT’S HAPPENING ON CAPITOL HILL?

SENATE REMOVES CIVIL SERVICE MEASURES FROM TOBACCO BILL

Senator Joseph Lieberman (I-Conn.) failed to secure the necessary support to attach an amendment providing members of the civil service several critical benefits to the Family Smoking Prevention and Tobacco control Act, H.R. 1256, when it was considered by the Senate. The amendment, which would have afforded employees under the Federal Employees Retirement System (FERS) a credit for unused sick leave at the time of retirement, among other civil service benefits, encountered resistance from Senators who argued the language did not align with the bill’s primary intent, despite their inclusion in the House-passed version of the legislation. Senator Jim DeMint (R-S.C.) blocked the amendment prior to a vote on the measure.

“The Senate failed to capitalize on a great opportunity to provide members of the civil service with a series of benefits that would significantly enhance equality and productivity in the federal workforce,” Federal Managers Association (FMA) National President Darryl Perkinson stated. “The inability of those Senators who opposed the amendment to see the effects such action would have on the federal workforce and taxpayers alike is distressing. FMA remains dedicated to bringing the measures to Congress’ attention once again, and we will work with those who support this initiative on Capitol Hill to develop alternative avenues to advance these priorities.”

Senator Lieberman’s amendment also included language extending locality pay to federal employees residing in Alaska, Hawaii and the U.S. Territories. Civil servants residing in these areas currently receive a tax-free non-foreign area cost of living adjustment (COLA) in their pay; however, the federal government fails to credit this COLA towards basic pay for retirement purposes. Along with the FERS sick leave credit, FMA played a critical role in formulating the locality pay extension legislation.

Additionally, with the government facing an impending retirement wave as roughly 900,000 federal employees near retirement eligibility, Senator Lieberman sought to mitigate the loss of institutional knowledge through the addition of language authorizing the reemployment of annuitants without a reduction in compensation. The amendment would have permitted agencies to bring retirees back into service on a part-time basis with strict limitations on total hours of service to streamline the transition to the new workforce demographic.

As an independent organization and through the various coalitions of which it is a member, FMA remains committed to developing viable vehicles to advance these critical measures. As Perkinson noted, the attention these proposals have generated in Congress and in the media promote positive prospects for movement in the future, and FMA will build on this momentum as the 111th Congress progresses.

“The failure of the Senate to include these provisions in the final bill constitutes a setback for all federal employees, but this is no time to wallow in self-pity,” reiterated Perkinson. “We understand that work needs to be done now while the issue is fresh in lawmakers’ minds, and we will devote significant resources and efforts to ensure these measure do not fall by the wayside.”

NSPS END IN SIGHT?

During the House Armed Services Committee markup of the Fiscal Year 2010 Defense Authorization Act, H.R. 2647, Congresswoman Carol Shea-Porter (D-N.H.) offered an amendment establishing a potential termination date for the Department of Defense’s (DOD) pay-for-performance personnel program. Approved by voice vote, the amendment would order the Secretary of Defense to shut down the National Security Personnel System (NSPS) within one year unless DOD can convince Congress to retain the controversial system.

“NSPS has been a failure,” Congresswoman Shea-Porter stated. “The majority of employees in NSPS prefer the prior system, and numerous studies have shown that the implementation of NSPS has been plagued by inequities in how employees are compensated and rated.  My amendment will prevent additional employees from being added to the system, and will move current NSPS employees back to the General Schedule within 12 months.  I am pleased that my amendment was included in this defense bill and that additional employees will not be subjected to this flawed system.”

Although several federal employee unions expressed their unequivocal support for the initiative, Federal Managers Association (FMA) National President Darryl Perkinson cautioned that such a move could prove premature as a DOD task force charged with reviewing the system remains in its infancy. Perkinson underscored the need for a thorough evaluation before implementing any drastic changes that could cause more harm than good.

“DOD employees, and all civil servants for that matter, are bearing witness to a critical moment in the evolution of personnel systems in the federal government,” said Perkinson. “While NSPS in its current implementation has failed to live up to the promise it exuded during its formulation, we would be remiss if we opted to revert to the General Schedule system without a thorough understanding of the principles of NSPS that succeeded and those that failed. I believe we can develop a system that embodies the benefits of both the General Schedule and NSPS to provide federal employees with a personnel system that will prove viable now and in the long run.”

Perkinson submitted a statement for the record to the NSPS task force on June 18, and he will present FMA’s position on the controversial program during a forum hosted by the task force later this week. A full House vote on H.R. 2647 is expected this week.

To view a copy of the FY10 Defense Authorization Act, please visit: http://thomas.loc.gov.

HOUSE COMMITTEE AFFORDS MILITARY 3.4 PERCENT RAISE

In addition to containing language calling for the potential termination of the Pentagon’s National Security Personnel System, the Fiscal Year 2010 Defense Authorization Act includes a section requesting appropriators afford members of the Armed Forces a 3.4 percent pay increase for 2010. The figure marks a half percentage point increase over the President’s proposal for members of the military and a 1.4 percent increase over that proposed for members of the civil service.

In the February release of his fiscal year 2010 budget proposal, President Obama revealed his intentions to offer the civil service a 2 percent pay increase contrasted with a 2.9 percent raise for members of the military. In response, Federal Managers Association (FMA) National President Darryl Perkinson expressed disappointment in the Administration’s attempts to dispel with over two decades of legislative precedent establishing parity between the military and civilian federal workforce. With a full House vote on the defense authorization bill expected this week, Perkinson issued his optimism that Congress would once again establish parity when considering the civil service’s pay raise.

“While we at FMA recognize our country is in the midst of a recession, we stand behind our belief that establishing disparate pay raises for members of the military and the men and women who serve the public interest as civilian federal employees sends the wrong message,” Perkinson asserted. “We understand the need to make sacrifices as many Americans struggle to make ends meet, but Congress and the Administration must recognize the valuable effort put forth by members of the civil service each day. FMA urges our friends on Capitol Hill to establish pay parity in the final appropriations process.”

For more information on the appropriations process and legislation regarding the pay raise, please visit: http://thomas.loc.gov.

NATIONAL SECURITY ISSUES PERVADE WHISTLEBLOWER DEBATE AGAIN

The White House once again expressed opposition to language contained in legislation enhancing whistleblower protections for members of the Intelligence Community during a Senate hearing on June 11, citing concerns over the ability to keep information critical to national security confidential. The Administration’s wariness of the proposed Whistleblower Protection Enhancement Act of 2009, S. 372/H.R. 1507, paralleled similar sentiments articulated before the House Oversight and Government Reform Committee on May 14.

Department of Justice Deputy Assistant Attorney General Rajesh De, speaking on behalf of the Administration, urged Members of the Senate Homeland Security and Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia to consider establishing an Intelligence Community Whistleblower Protection Board within the Executive Branch to filter information exposed by whistleblowers with possible national security implications. Such a body, De explained, would allow the President to retain his constitutional powers to protect the nation’s security while providing a clear and effective means for employees in the intelligence community to expose fraud, waste and abuse.

“We believe that such a mechanism within the Executive Branch would constitute an improvement upon the relevant provisions of S. 372,” De stated. “The current bill would grant employees the unilateral right to reveal national security information to Congress whenever they reasonably believe the information provides evidence of wrongdoing, even when such information is legitimately classified or would be subject to a valid claim of executive privilege. We believe that this structure would unconstitutionally restrict the ability of the President to protect from disclosure information that would harm national security.”

While consensus could not be reached regarding issues of national security, the Subcommittee and all those presenting testimony, including De, agreed on the need for enhanced whistleblower protections to root out waste and abuse in the federal government. As Government Accountability Project Legal Director Thomas Devine asserted, whistleblowers brave severe potential repercussions to serve as stewards of accountability in government.

“Whistleblowers risk their professional survival to challenge abuses of power that betray the public trust,” Devine told the Subcommittee. “This is freedom of speech when it counts, unlike the freedoms akin to yelling at the referee in a sports stadium, or late night television satire of politicians and pundits. It not only encompasses the freedom to protest, but the freedom to warn, so that avoidable disasters can be prevented or minimized.”

William Bransford, General Counsel for the Senior Executives Association, warned that a provision contained in the legislation establishing jury trials would prove disastrous, however, as managers seeking to discipline problem employees may face increased claims of prohibited reprisal. If jury trials are established, and particularly if no limit is placed on damage payments that may be sought, managers may hesitate to seek the removal of poor performing employees, argued Bransford.

“It is important to remember that the issue in a whistleblower case is often whether the employee claiming whistleblower status is a problem employee using whistleblower laws as an undeserved shield or is a legitimate whistleblower that is experiencing an adverse action because of protected activity,” Bransford detailed. “Federal managers are on the front lines of dealing with questions such as these as they try to deal with problem employees. Adding jury trials to the mix will give even the best manager pause before confronting an employee who has made a disclosure, regardless of how valid the manager’s case is or how pure the manager’s motives are.”

Debate over the legislation will certainly continue in the near future. Please check back with the Federal Managers Association’s Web site, www.fedmanagers.org, for future announcements. For more information on S. 372/1507, please visit: http://thomas.loc.gov.

WAR SUPPLEMENTAL REACHES PRESIDENT’S DESK

Congress awaits the President’s signature on a supplemental appropriations bill which would provide $106 billion for continued military operations in Iraq and Afghanistan and for other purposes in fiscal year 2009 following House and Senate approval of the conference report on the measure. The bill, H.R. 2346, which moved to the President’s desk on June 18, allocates $79.9 billion for the two wars, $10.4 billion for State Department and United States Agency for International Development operations and $7.7 billion for the pandemic response to the H1N1 flu virus.

The House and Senate each passed their versions of the supplemental spending bill prior to the Memorial Day recess, and the conference report passed the House and Senate on June 16 and 18, respectively. The two chambers were successful in hammering out the differences in their original bills, which included issues surrounding the level of support for International Monetary Fund lending programs and discrepancies between funds allocated for military aircraft.

A $65.9 billion war supplemental bill, P.L. 110-252, approved by Congress in June 2008, covered funding for the first half of FY09.

For more information on H.R. 2346, please visit: http://thomas.loc.gov.

CONGRESS MAINTAINS PROGRESS ON APPROPRIATIONS BILLS

Several appropriations bills saw movement in Congress over the past two weeks as lawmakers attempt to avoid delays in the process that hampered procedures last year. The 110th Congress failed to pass several appropriations measures prior to the start of fiscal year 2009, leading to a continuing resolution which funded many government operations at FY08 levels.

H.R. 2847, which would provide $64.4 billion in funding for the Departments of Commerce, Justice, Science and related agencies, passed the House on June 18 by a vote of 259-157. The House also approved H.R. 2918, appropriating $3.7 billion in funds for the Legislative Branch. The bill passed by a vote of 232-178.

Senate lawmakers continued to push the Department of Homeland Security’s (DHS) appropriations measure forward, as the Senate Appropriations Committee voted unanimously to support the proposed bill. The House and Senate versions of the DHS appropriations bill varies by roughly $2 billion, as the House Appropriations Committee approved $42.6 billion in discretionary spending, while the Senate Committee approved $44.3 billion. The full House and Senate have yet to consider the bills, H.R.2892/S. 1298.

As the appropriations process continues, please refer to the Library of Congress Web site for further details: http://thomas.loc.gov.

************************************************************

WHAT’S NEW IN THE EXECUTIVE BRANCH?

AGENCY EFFORTS KEY TO PRESIDENT’S PERFORMANCE PLANS

Federal agencies must identify high-priority performance goals while instituting reforms to the federal hiring process in order to assist the Administration’s fiscal year 2011 budget and performance plans, Office of Management and Budget (OMB) Director Peter Orszag told agency and department heads in a June 11 memo. As the President pursues the establishment of a “transparent, high-performance government capable of addressing the challenges of the 21st century,” Orszag wrote, agency participation on several fronts will play a vital role in the Administration’s ultimate success.

Identification of agency priorities and consistent reviews of progress made in attaining predetermined goals will allow the President to better tailor his FY11 budget proposal to agency needs, Orszag asserted. Specifically, OMB and the Administration are looking for agencies to establish goals that address primary agency missions or directly impact the general public, include measurable performance outcomes and contain considerable challenges requiring concerted agency focus.

“The American people deserve a government that works, where the public interest is prioritized, where the impact of government spending is transparent and held to high, objective standards, and where results and good management matter,” the memo stated.

Noting the failure of agencies to engage in the End-to-End Hiring Roadmap established under the Office of Personnel Management (OPM) in 2008, Orszag emphasized the need to recommit to the development of hiring reforms to recruit and retain a first-class federal workforce. Orszag requested agencies pay particular attention to the time it takes to hire qualified applicants once job vacancies are identified, the manner in which job announcements are posted and how engaged all hiring managers are in the entire process. Referring to calls for hiring reforms in the past, Orszag expressed his disappointment in agency failures to demonstrate measurable progress to this point.

“To date, there has been sporadic effort, at best, applied to making this initial first step in our overall hiring reform a reality,” wrote Orszag. “Over the next year, OPM Director John Berry and I expect significant progress in four areas of hiring – timeliness, plain language and streamlined announcements, communication with applicants, and involvement of hiring managers.”

OMB will work with Congress and several key government stakeholders in the coming months to further develop a framework to address the Administration’s goals. More information on how agencies will be called into action is forthcoming, Orszag wrote.

To view a copy of the memo, please visit: www.whitehouse.gov/omb.

SAME-SEX PARTNERS OF FEDERAL EMPLOYEES RECEIVE NEW BENEFITS

Citing private sector practice and the need for enhanced equality in the federal workforce, President Obama announced his intention to extend certain benefits to same-sex partners of federal employees. An Executive Memorandum released on June 17 ordered the Office of Personnel Management (OPM) to provide long-term care insurance options to the domestic partners of civil servants and directed OPM to extend the right to use sick leave for the care of ailing partners and nonbiological, nonadoptive children.

“Extending equal benefits to the same-sex partners of Federal employees is the right thing to do,” Obama announced. “It is also sound economic policy. Many top employers in the private sector already offer benefits to the same-sex partners of their employees; those companies recognize that offering partner benefits helps them compete for and retain the brightest and most talented employees. The Federal Government is at a disadvantage on that score right now, and change is long overdue.”

The Administration announced that law prevented the President from extending additional benefits, such as access to health care, but Obama publicly issued his support for legislation currently pending on Capitol Hill which would advance the interests of domestic couples in this regard. Referring to the Domestic Partnership Benefits and Obligations Act, H.R. 2517, the President said he eagerly anticipated working with Members of both Congressional chambers to move the legislation forward.

“As Americans, we are all affected when our promises of equality go unfulfilled,” said the President. “Through measures like the Presidential Memorandum I am issuing today and the Domestic Partners Benefits and Obligations Act of 2009, we will advance the principles upon which our Nation was founded and continue to perfect our Union.”

To view a copy of the memorandum, please visit: www.whitehouse.gov.

SENATE CONFIRMS NEW OMB DEPUTY DIRECTOR FOR MANAGEMENT

Jeffrey Zients was confirmed as Office of Management and Budget (OMB) Deputy Director of Management on June 19, securing Senate approval two months after his nomination by the President. Zients, who served in key leadership roles on multiple private sector firms specializing in best practice research and executive education, will also serve as the Administration’s Chief Performance Officer, a new position created by the President.

Described by OMB Director Peter Orszag as, “a proven leader who has an impressive record of success everywhere he’s worked,” Zients will assist Administration efforts to cut costs while promoting efficiency and accountability in the federal government. The President has also charged Zients with leading efforts to reform contracting and procurement practices while rooting out instances of error and waste.

“We’ve got a big job ahead of us,” Orszag wrote on his White House blog. “The Washington Post today talked about what we’re trying to accomplish in reforming government hiring practices and in retaining highly skilled and effective employees — that’s just one priority Jeff will take on.  Add to that list contracting reform, program evaluation, and e-government — and you can see he’ll have a lot on his plate.  Jeff Zients is the right man to take the reins — an experienced leader who understands how large organizations work and how to drive their performance. ”

For more information on Zients and the role he will play in the Administration, please visit: www.omb.gov.

************************************************************

GET INVOLVED AT THESE EVENTS!

FMA ZONE CONFERENCES SCHEDULED ACROSS THE COUNTRY!

Several Federal Managers Association (FMA) Zones will host conferences in the fall to update members on FMA business. Do not miss an opportunity to join your fellow members for these exciting events!

FMA Zone 3 will be holding its annual conference in Myrtle Beach, South Carolina, from September 18-19. The event will take place at the Crown Reef Resort and Conference Center. Reservations can be made by calling 1-877-435-9125 (give group code 4742) . The special FMA room rate starts at $89.00 per night. The registration cost of the conference is $75. Questions? Contact Zone 3 President George Smith at nothome@comcast.net.

FMA Zones 6/7/8 will hold their joint conference on September 19 at the Clearwater Resort and Casino in Suquamish, Washington on the Olympic Peninsula. For Reservations, please call 1-888-609-8700. The FMA nightly rate begins at $122.00 and the early-bird registration fee is $100 (rate increases after August 10). Questions? Contact Zone 6 President Stephanie Schmittler at 360-275-6314 or s.schmittler@hotmail.com.

FMA Zone 2 will hold its conference on September 26. Please stay tuned for more details on this event or contact Zone 2 President Jackie Bell at jebell1949@comcast.net.

A full agenda for the three conferences can be found on FMA’s Web site. Please keep checking back with us online at www.fedmanagers.org for up-to-date information.  

************************************************************

Long Term Care Partners, LLC , FMA Corporate Partner. Long Term Care Partners is the administrator of the Federal Long Term Care Insurance Program. Sponsored by the U.S. Office of Personnel Management, the Program is available to Federal and U.S. Postal Service employees and annuitants, active and retired members of the uniformed services, and their qualified relatives. With more than 210,000 enrollees, it is the largest employer-sponsored long term care insurance program in the country. FLTCIP policies are simple to understand and offer enrollees some distinct advantages, including comprehensive coverage, competitive and stable rates, international coverage, and administrative service standards that are the highest in the long-term care insurance industry. Policies are sold direct through a highly-trained, non-commissioned staff with no high pressure sales tactics – simply sound advice. Visit www.LTCFEDS.com or http://www.opm.gov/insure/ltc/index.asp for more information.

FSAFEDS, the Federal Flexible Spending Account Program, FMA Corporate Partner. FSAFEDS provides consumers and corporations a single source of health management decision guidance through its integrated suite of consumer-driven healthcare solutions. Its innovative consumer experience offers comprehensive care, planning, spending, productivity and strategic management services that help guide participants to be healthier and more productive. Visit www.fsafeds.com for more information.

Blue Cross Blue Shield Association Federal Employee Program, FMA Corporate Partner. The Blue Cross and Blue Shield Association represents the independent, locally operated Blue Cross and Blue Shield plans. The 40 local member companies of the Blue Cross and Blue Shield Association have provided millions of families with top-quality, affordable health insurance for more than 70 years. For the one in four Americans who carry Blue Cross and Blue Shield cards, the Blue Plans symbolize health security. Visit www.fepblue.org and join the best, most-recognized group of health insurance providers in the world.

GEICO, FMA Corporate Partner. GEICO was created over 60 years ago to insure Federal employees. Over the years GEICO has continuously strengthened its affiliation with the Federal workforce. GEICO’s Federal program supports the GEICO Public Service Awards, which have honored federal workers (active and retired) who have contributed to the public good since 1980. Find out how much you could save with GEICO auto insurance as an FMA member by getting a quick, line-by-line rate quote at http://www.geico.com/landingpage/go51.htm?logo=00781. When you request a quote, GEICO will make a contribution to support the work of FMA.

Shaw, Bransford, Veilleux and Roth, P.C. SBVR concentrates its law practice on the representation of Federal employees, with a special emphasis on the representation of executives and managers. SBVR serves as General Counsel to the Federal Managers Association and is uniquely situated to recognize the interests and viewpoints of Federal managers. For up to two free half-hour legal consultations and reduced legal fees as an FMA member, please visit: www.shawbransford.com.

FEDS (Federal Employee Defense Services) provides premier professional liability insurance benefits to the federal employee community. The FEDS liability insurance policy costs only $270 a year, and if you are a manager, supervisor, or law enforcement officer, your agency will reimburse you up to ½ of the cost. Your net cost would be $135 per year. FEDS provides federal employees with the protection they need to do their jobs. You simply can’t afford not to have it! SPECIAL OFFER: Three months free when you make the switch from another federal employee professional liability program. To learn more, visit: http://www.fedsprotection.com. Be sure to note your FMA membership when you join FEDS.

The Federal Managers Association and Management Concepts have teamed up to present the Federal Managers Practicum — a targeted certificate program for Federal managers. As the official development program for FMA, the Federal Managers Practicum helps FMA members develop critical skills to meet new workplace demands and deepen their managerial capabilities. Also, FMA members receive 20% off any book purchase and each book is guaranteed to win you a promotion! For more Practicum information, click here. For a catalog of discounted publications, go to Management Concepts. To order, call Vanessa Gillette at 703-270-4107.

***********************************************************

The Washington Report is published biweekly by the Federal Managers Association.
Jessica Klement, Editor; Karl Gruss, Staff Writer

The Federal Managers Association, established in 1913, is the oldest, largest, most influential association representing the interests of the 200,000 managers, supervisors and executives serving in today’s Federal government.

1641 Prince Street ~ Alexandria VA 22314-2818 ~ (703) 683-8700 ~ FAX (703) 683-8707 ~ E-Mail Info@fedmanagers.org

Washington Report Archives