Federal Manager's Daily Report:
Friday, October 15, 2004

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In This Week's Issue
1. DoD Needs Compliance Plan for Private Sector Funding 
2. MSPB Retools e-Appeal 
3. 2004 Service to America Medal Recipients Announced
4. New Publication Announcement: The Federal Employees 
Legal Survival Guide http://www.fedweek.com/Publications/default.asp 
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1. DoD Needs Compliance Plan for Private Sector Funding 
Limits, Says GAO 
The Department of Defense has incomplete public-private 
funding data and lacks a plan to ensure compliance with 
private sector allocation limits, the Government 
Accountability Office has said. 

It cited, "recurring weaknesses in DoD's data gathering, 
reporting processes, and financial systems," that 
prevented it from determining if the military services 
exceeded the 50-percent funding limit on private sector work. 

Under 10 US Code 2466, military and defense agencies cannot 
contract out more than 50 percent of annual depot-maintenance 
funding, and DoD must submit a funding distribution report for 
the prior two fiscal years as well as one for the current and 
future four years, said GAO. 

It said the "prior-years" reports for each service contained 
errors that when corrected move private sector funding close 
to the 50-percent limit -- for example, the Navy left out $410 
million in private-sector fleet maintenance contracts that 
bring its private sector funding level to 47.9 percent from 
44.5 percent. 
 
Reporting errors and omissions have carried over from prior years, 
which has made DoD�s future-years report unreliable, and has 
limited "its usefulness to congressional and DoD decision makers," 
said GAO. 

While some in Congress have proposed using only one report coving 
the prior, current, and budget year -- as was recommended by GAO 
last year -- the current data indicate that the services are 
operating close to the 50-percent limit, yet they lack "a plan 
of action" to prevent going over it, according to GAO-04-871.

It said three of four services did not independently review and 
validate their data, that training for collecting, aggregating 
and reporting 50-50 data was "limited and sporadic," and that 
"management emphasis regarding the need for accurate and complete 
50-50 reporting was lacking."

2. MSPB Retools e-Appeal 
The Merit Systems Protection Board has announced an upgrade to e-Appeal, 
its online appeal filing system, that will allow participants in 
board proceedings to file any type of pleading -- not just new appeals 
as was previously the case. 

The system now enables the board and filers to upload a variety
of file formats, or enter pleadings online, as well as receive 
documents the same day they are submitted, said MSPB. 

It said e-filers could submit part of their pleadings online and 
part in paper, and that the board would issue documents to 
participants as PDFs. 
 
A more complete description of e-Appeal, and the regulations 
governing electronic filing can be found in the September 27 
Federal Register.

3. 2004 Service to America Medal Recipients Announced
Federal employees from eight agencies have been awarded Service 
to America Medals -- created in 2002 by the Partnership for 
Public Service and the Atlantic Media Company - in recognition 
of their exemplary achievement.

PPS listed the awardees as follows: "Robert Clifford, the FBI 
agent from Charlotte, North Carolina who helped convict more 
than a dozen leaders of the "November 17" group -- Europe's 
most notorious and elusive terrorist cell; Ambassador Prudence 
Bushnell from Falls Church, Virginia who guided the U.S. 
Embassy in Kenya through the 1998 bombings and was a leading 
voice for the nation in urging a response to the ethnic genocide 
in Rwanda ; Nicole Nelson-Jean. a Department of Energy employee 
who, at 28 years of age, led a U.S. delegation to the Arctic 
Circle to negotiate an agreement with Russian officials to 
better secure Russia 's nuclear weapons stockpiles; Brad Gair, 
a FEMA employee from Brooklyn, New York who oversaw the 
government's recovery efforts at Ground Zero after 9/11 and 
supervised other FEMA rebuilding work in the wake of multiple 
natural disasters; Dr. Deborah Jin, a National Institute of 
Standards and Technology physicist from Boulder, Colorado who 
created a new form of matter that may have the potential to 
improve the nation's energy efficiency; Stephen Browning from 
Sausalito, California who led U.S. efforts to help Iraqis rebuild 
their electrical infrastructure and acted as the administrative 
head of multiple Iraqi ministries; The "Operation Kids for Cover" 
team led by Peter Darling from Newbury, Massachusetts which shut 
down an international drug smuggling ring using rented babies to 
smuggle cocaine in baby formula cans; and the FTC team led by 
Eileen Harrington from Kensington, Maryland who created the 
national "Do Not Call" registry, which has reduced the number of 
telemarketing calls for more than 60 million Americans." 

Nominations for the 2005 medals are now open, and should be submitted 
at: www.servicetoamericamedals.org.

4. New Publication Announcement: The Federal Employees 
Legal Survival Guide http://www.fedweek.com/Publications/default.asp 
Passman & Kaplan announces the October 2004 publication of 
the SECOND EDITION of the Federal Employees Legal Survival 
Guide. This comprehensive book, first published by Passman 
& Kaplan in 1999, has been called the definitive how-to 
guide for enforcing the rights of federal employees. 

The second edition of the Guide includes 100 PAGES OF 
ADDITIONAL NEW MATERIAL (now 616 total pages) and useful 
advice. New features include information on internet 
legal research, preparing for and conducting a hearing, 
sample discovery requests, and up-to-date contact 
information for federal personnel agencies. The Guide 
also includes a listing of frequently used civil service 
acronyms and practical appendices of sample forms, 
charts illustrating appeal rights, and commonly-needed 
deadlines. 

As with the first edition of the Guide, Passman & Kaplan 
has attempted to move away from the "legalese" which so 
often complicates an already-bewildering array of 
regulations and policies. Although the Federal Employees 
Legal Survival Guide, Second Edition is clearly an 
invaluable resource for practioners, Passman & Kaplan has 
maintained its commitment to target the book to the 
average federal employee. 

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