Federal Manager's Daily Report: Wednesday, November 17, 2004 

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In This Week's Issue
1. Controversy Over CFC Policy; Nonprofits Seek Injunction
www.eff.org/Privacy/20041110_CFC_ACLU_v_OPM_Complaint.pdf
2. MSPB to Expand Mediation Appeal Project 
3. Positive Review for Immigration and Customs Bureau 
4. 4.Brand New Federal Employees Legal Survival Guide Just 
Published New Publication Announcement: The Federal Employees 
Legal Survival Guide http://www.fedweek.com/pub/index.php 
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1. Controversy Over CFC Policy; Nonprofits Seek Injunction
A number of nonprofit organizations have filed for an 
injunction to stop the Office of Personnel Management 
from requiring nonprofit organizations that receive funds 
from the Combined Federal Campaign to certify that none 
of their employees are on classified lists of names 
compiled by agencies with security responsibilities.

The Electronic Frontier Foundation, a nonprofit focusing 
on online rights and one of several groups to withdraw from 
the CFC in protest, stated that, "funding for charities 
should not be tied to screening."  

The request for injunction argues that the new requirement, 
which was not put up for public comment or announced in 
the Federal Register, is not authorized by statue and 
violates the First and Fifth Amendments. 

The CFC is the only way the organizations can solicit from 
federal employees directly, and according to EFF, it 
distributed about $250 million to thousands of charities 
such as Amnesty International, as well as the AFL-CIO and 
NAACP, which also resigned in protest. 

The complaint was filed before the U.S. District Court in 
Washington, DC and can be found here: 
www.eff.org/Privacy/20041110_CFC_ACLU_v_OPM_Complaint.pdf

2. MSPB to Expand Mediation Appeal Project 
The Merit Systems Protection Board has announced plans to 
expand its mediation appeals project for federal employees 
during fiscal 2005 by offering mediation services to any 
party filing appeals at any of its regional offices.

It described last year's pilot program, involving select 
appeals at three regional offices, as a success, and said 
a significant number of those cases resulted in settlement.  

The program provides alternatives to revolving appeals on 
their way to an administrative judge -- currently, after 
an appeal is docketed and acknowledged, a regional office 
notifies the parties that mediation is available and if 
they agree, the case is placed in a "suspense" status and 
assigned to a mediator, according to MSPB.

It said the Board now wants to start mediating by telephone 
and videoconference. Appeals settled that way would be put 
into writing and submitted to a regional office for review 
and prepared for a decision to dismiss them as settled. 

If no agreement is reached, the appeal is returned to the 
more traditional track to continue adjudication, said MSPB. 

3. Positive Review for Immigration and Customs Bureau 
Although the Bureau of Immigration and Customs Enforcement 
does not have a formal and distinct interior enforcement 
strategy, it has incorporated the Immigration and 
Naturalization Service�s enforcement strategy into its 
broader homeland security mission of joint customs and 
immigration investigations, the Government Accountability 
Office has said.

INS and other federal agencies merged law enforcement 
functions into the Department of Homeland Security's ICE, 
which consists of an Office of Investigations, and an 
Office of Detention and Removal Operations. 

OI is responsible for former INS objectives such as 
"deterring, dismantling, and diminishing the smuggling 
and trafficking of aliens; responding to community 
complaints about illegal immigration; minimizing 
immigration benefit fraud; and removing employers' 
access to undocumented workers," while DRO is charged 
with "identifying and removing criminal aliens, with 
some assistance from OI," according to GAO-05-66.

It said DRO has started aligning strategic goals with 
budget requests and workforce plans to determine the 
resources it needs for fiscal 2005 and beyond, while 
developing performance measures--for example, criteria 
to determine if enough resources are being devoted to 
apprehending the fugitive alien population annually--yet, 
DRO officials said it would not be possible to determine 
which efforts are most successful until performance measures 
have been applied to all activities. 

GAO noted that OI field offices conducted baseline threat 
assessments to identify risks, such as regional assessments 
of businesses that transport biological materials and might 
employ terrorists, to develop its budget request and fiscal 
2007 workforce plans.

4.Brand New Federal Employees Legal Survival Guide Just 
Published New Publication Announcement: The Federal Employees 
Legal Survival Guide http://www.fedweek.com/pub/index.php 
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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