OSC Files Amicus Brief in MSPB Whistleblower Appeal
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OSC Files Amicus Brief in MSPB Whistleblower Appeal

A Department of Homeland Security employee reported a potential security violation to Customs and Border Protection’s “Computer Security Incident Response Center,” (CSIRC) which led to an Internal Affairs investigation. An MSPB administrative judge ruled in an initial decision that the employee’s report did not constitute protected activity under the newly amended 5 U.S.C. section 2302(b)(9)(C). The administrative judge ruled as such notwithstanding recent changes to whistleblower protection law that broadened the scope of “protected activity” to include blowing the whistle to “any other [agency] component responsible for internal investigation or review.” The employee appealed the decision to the full Board, which is currently without a quorum.

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OPM Provides Guidance on Handling Coronavirus
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OPM Provides Guidance on Handling Coronavirus

The Office of Personnel Management (OPM) has released a memo to agencies with guidance on how to assist employees in responding to any concerns about exposure to the 2019 Novel Coronavirus. The virus is a confirmed public health emergency of international concern according to the World Health Organization (WHO). The memo outlines leave options for employees and work schedule flexibilities available.

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Merit Systems Protection Board Annual Report Hits on Lack of Quorum
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Merit Systems Protection Board Annual Report Hits on Lack of Quorum

In the Merit Systems Protection Board’s (MSPB) 2019 Annual Report, the General Council reviews the board’s year with emphasis on how the lack of quorum, and a lack of board members entirely since March 2019, has crippled the board’s abilities. According to the report, at the end of FY2019 the board had a backlog of 2,378 pending cases at headquarters.

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Supreme Court Hears Oral Argument in Federal Sector Age Discrimination Case
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Supreme Court Hears Oral Argument in Federal Sector Age Discrimination Case

On January 15, 2020, the United States Supreme Court heard oral argument in the matter of Babb v. Wilkie. The question in this case is whether the Age Discrimination in Employment Act of 1967 (ADEA) requires federal sector employees to show that age was a “but-for” cause of the personnel action taken. Previously, the court has interpreted the private-sector provision to require “but-for” causation.

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Census Update: Language Barriers in Alaska
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Census Update: Language Barriers in Alaska

As the Census Listers work their way through Alaska, the largest barrier to an accurate count is linguistic differences between rural and native populations. To ensure a complete and accurate count, the Census Bureau has worked for several months with local organizers to create public service announcements and translate census guides into four Alaskan Native languages. Still, many Native Alaskan villages speak one of 20 different native languages.

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Pentagon Unveils Final Cyber Standards for Contractors
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Pentagon Unveils Final Cyber Standards for Contractors

The Pentagon issued the final contractor standards under the Cybersecurity Maturity Model Certification (CMMC) last week and explained long-term plans for implementation. The new framework is built from five levels of security standards known as Version 1.0 of the plan. The initial phase will be rolled out through requests for information this summer.

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Bettering Management With Behavioral Science
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Bettering Management With Behavioral Science

Tune in to FEDtalk this week to hear about the how agencies can utilize behavioral science to better lead their teams. Leaders in behavioral and organizational sciences will join the show to discuss how managers can increase employee engagement and productivity through behavioral insights.

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Infrastructure Investments and Modernization Needed at Federal Installations
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Infrastructure Investments and Modernization Needed at Federal Installations

On Wednesday, January 29, Speaker Nancy Pelosi (D-CA) and other top legislators in the House unveiled a $760 billion infrastructure package. They appealed to President Trump, who campaigned on a $1 trillion infrastructure plan, to join them in moving this funding forward. As recently as May 2019, the President was expected to propose a $2 trillion infrastructure package, but he urged Congress to first pass the United States-Mexico-Canada (USMCA) trade deal. He signed that deal into place on January 29, the same day House Democrats offered their infrastructure proposal.

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Conserving Ships and Cultivating Shellfish in Connecticut
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Conserving Ships and Cultivating Shellfish in Connecticut

Huey and I concluded our tour of New England in the state of Connecticut back in November.  Due to a series of circumstances, including a mechanical breakdown (the RV’s), a bout of poor health (mine), and being spoiled by his grandmother for the holidays (Huey), we took a short break from The Federal Fifty.  However, we are now on the road again visiting the Southeast and back to reporting on our adventures.

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White House Looks for Input on Improving Contracting
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White House Looks for Input on Improving Contracting

During a White House event Monday, the Office of Management and Budget (OMB) requested ideas from across the federal community on ways to improve acquisition and supply chain management. The summit focused on various initiatives to reduce costs and improve the efficiency of contract management. The “call for ideas” is meant to continue these conversations and pose additional questions on ways to improve the system.

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SEC Hiring Freeze Negatively Impacted Overall Mission, GAO Finds
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SEC Hiring Freeze Negatively Impacted Overall Mission, GAO Finds

The Government Accountability Office (GAO) has provided supplemental information to accompany a December report on personnel management at the Securities and Exchange Commission (SEC). The information provides insight into how employees at the SEC reacted to the nearly three-year hiring freeze within the agency based on a GAO survey of executive and non-executive agency personnel.

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Senator Schumer Introduced ‘Technical Fix’ for Paid Parental Leave
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Senator Schumer Introduced ‘Technical Fix’ for Paid Parental Leave

In December, Congress passed and the president signed into law the National Defense Authorization Act (NDAA) for fiscal year 2020, including a provision granting federal employees 12 weeks of paid parental leave. Due to the construction of the provision, most federal employees were eligible for the new program, but at least two major agencies were not granted access. This month, Senate Minority Leader Chuck Schumer (D-NY) introduced legislation entitled the “Federal Employee Parental Leave Technical Correction Act” to rectify this error.

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