Federal Manager's Daily Report: Tuesday, November 30, 2004

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In This Week's Issue
1. Military-Civilian Conversion Becomes Part of DoD FAIR 
Act
2. OPM Expands Student Loan Examination
3. Overtime Regs Stay on Books
4. Brand New Federal Employees Legal Survival Guide Just 
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1. Military-Civilian Conversion Becomes Part of DoD FAIR 
Act
A recent Defense Department directive on compiling lists of 
jobs under the FAIR Act orders DoD components to weave the 
issue of converting military positions to civilian into 
the process.

The DoD "Guide to Inventory Submission" is used in 
compliance with the Act, which requires annual reports on 
which jobs are inherently governmental, which are not but 
are still exempt for other reasons from review for private 
sector performance and which are subject to review for 
possible contracting-out. The inventory "will also be used 
to report military manpower that can be converted to 
performance by DoD civilians or the private sector," the 
instructions state. 

The document notes that in 2003 a DoD unit called the 
Business Initiatives Council approved a plan to "complete 
efficiency initiatives on 226,000 manpower authorizations 
by the end of FY 2009. Therefore, all components should 
utilize an aggressive coding strategy to maximize the 
identification of manpower for competitive sourcing and 
approved alternative efficiency methods . . . Component 
inventories should include conversions of military manpower 
identified as inherently governmental and commercially 
exempt that can be converted to performance by DoD 
civilians or the private sector."

DoD in recent years has been pushing the military services 
to convert military positions to civilian--either in-house 
or contract--as a way to relieve the stress on the active 
military forces. It points to past Pentagon studies showing 
that more than 300,000 uniformed positions could at least 
in theory be performed by civilians (other estimates put 
the figure much lower). 

DoD set a goal of converting roughly 10,000 positions in 
each of 2004 and 2005. However, such initiatives have met 
internal resistance in the past out of concern about 
authority leaving the military chain of command and lack 
of funding to replace the departed military person with a 
civilian and to keep the military person on board in a 
new position.

2. OPM Expands Student Loan Examination
The Office of Personnel Management has told agencies that 
they should expand their annual reports--due December 31--on 
their use of student loan repayment authority to include 
issues beyond simple measures of how many payments they 
make to their employees and how much money is involved.

OPM told agencies that "because of the considerable 
interest 
in agencies' use of the student loan repayment incentive"--
OPM didn't say so, but some of that interest comes from 
Congress--they should address issues such as:
 
Has the agency's use of the program improved your 
recruitment and retention efforts? If so, how? (Please 
provide specific data and examples, if available.)

To what extent have agencies developed metrics for 
measuring the effectiveness of their student loan 
repayment program?

To what extent have components or bureaus (or the 
department or agency as a whole) developed a business 
case for the use of available funds to meet recruitment 
and retention needs through the use of student loan 
repayments?

What type of assistance have they requested from OPM in 
implementing their plan and administering their student 
loan repayment program?  What is the major impediment, 
if any, to fully implementing a student loan repayment 
program in the agency?

The results of those answers could help determine the 
future direction of the program, which despite years of 
emphasis is still relatively little used in agencies as 
a recruiting and retention tool. Fewer than 2100 employees 
received such payments in 2003, totaling about $9.1 million.


3. Overtime Regs Stay on Books
During action late in the congressional session, a legislative 
attempt to block the new overtime rules that the Bush 
administration finalized in the summer was dropped because 
of White House opposition. The action means that the rules, 
issued by the Labor Department over strenuous objections of 
organized labor and some in Congress, will remain in effect. 

The administration characterizes the rules as a long-overdue 
reform that will make more lower-income individuals eligible 
for overtime. However, critics assert that the policy will 
effectively deny overtime to many of those now eligible for 
it, including many in the health care and public safety 
fields.

The rules so far have not spilled over to the federal 
government, however. Overtime policy for federal employees is 
set by a separate set of rules under the Office of Personnel 
Management's control. OPM has said it is reviewing the Labor 
Department policies to determine whether any changes should 
be made to the federal rules. However, the federal government 
has few employees at the low income levels where workers 
stand to benefit under the Labor Department rules, and 
law--not OPM regulation--governs overtime policy for federal 
employees in many occupations comparable to those in the 
private sector that might lose overtime benefits under the 
Labor Department rules.

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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