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Federal Daily - December 29, 2008

GSA Extends Smoking Ban
GAO: DoD Clearance Process Improves, Some Snags Remain
Senators Seeks Review of EEOICPA Delay Claims
DOL Issues Final Rule on Vets’ Priority of Service

GSA Extends Smoking Ban

The General Services Administration (GSA) last week published a bulletin that cancels and replaces the existing 1997 federal workplace smoking policy, and imposes further smoking bans in and around federal facilities. In addition to prohibiting smoking in all interior space owned, rented or leased by the executive branch, the new rule also bans smoking in courtyards and within 25 feet of doorways and air-intake ducts in outdoor space. The bulletin, published Dec. 22 in the Federal Register, also does away with an exception in the Federal Management Regulation for designated interior smoking areas, which will be closed. The rule provides a six-month phase-in period to allow agencies to meet labor-management obligations. In terms of exceptions, the new restrictions “do not apply to residential accommodations for people voluntarily or involuntarily residing, on a temporary or long-term basis, in federal buildings, nor do they apply to portions of federally owned buildings being leased to nonfederal parties,” the bulletin said. Additionally, agency heads will have authority to grant “limited and narrow exceptions when necessary to accomplish missions.” To see the bulletin, go to: http://edocket.access.gpo.gov/2008/E8-30377.htm.

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GAO: DoD Clearance Process Improves, Some Snags Remain

Although the government has vastly improved DoD’s personnel security clearance program, some clearances continue to be delayed and questions linger about the adequacy of the background investigations, according to a Government Accountability Office (GAO) report released Dec. 19. Since 2005, the Office of Management and Budget (OMB) has been responsible for implementing policy relating to clearance eligibility determination, while the Office of Personnel Management’s (OPM) federal and contract investigators conduct most of DoD’s clearance investigations. DoD adjudicators then use these OPM reports to make clearance eligibility decisions. GAO looked at the timeliness and adequacy of the process and found that the government was meeting federal requirements of making a determination on at least 80 percent of initial personnel security clearances in less than 120 days, on average, this past year. However, there was skepticism that the government would be able to meet a more stringent requirement—which goes into place next year—of making a determination on at least 90 percent of initial personnel security clearances in less than 120 days. Although timeliness has improved, there are persistent questions about whether enough is being done to make sure only trustworthy individuals get the security clearances, GAO reported. For example, the vast majority of OPM-provided investigative reports (87 percent of about 3,500) which DoD adjudicators used to grant initial top secret clearances in July 2008 lacked some required documentation. The types of missing investigation items ranged from subject interviews—which OPM officials have said is a central element of the process—to record checks at an applicant’s place of employment and residence. GAO plans to issue a more detailed report later next year. To see more, go to: www.gao.gov/new.items/d09261r.pdf.

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Senators Seeks Review of EEOICPA Delay Claims

A group of senators is asking the Government Accountability Office (GAO) to review allegations that those seeking compensation under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) are facing unnecessary delays. The group, led by Sen. Charles E. Schumer, D-N.Y., asked GAO to review the program, which is designed to compensate Department of Energy employees and contractors who developed serious illnesses because of workplace exposure to radiation or toxic substances. GAO has issued several reports over the past few years outlining needed improvements to various aspects of the program, Schumer said Dec. 22. While improvements have been made, some claimants continue to experience lengthy time periods before they receive a determination on their EEOICPA claim, he said. This often entails navigating through a complex claims process, Schumer said. Many of the uncompensated worked in weapons production-related activities in Western New York. “It is cruel and unnecessary that our injured Cold War heroes and government employees have had to fight battle after battle for justice and compensation,” Schumer said. “Review of this program would provide the compensation that these workers so justly deserve in a timely manner.” To see more, go to: http://schumer.senate.gov/SchumerWebsite/
pressroom/record.cfm?id=306165
.

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DOL Issues Final Rule on Vets’ Priority of Service

The Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS) announced last week it had issued a final rule on priority of service for veterans and eligible spouses. Priority of service—with respect to any qualified job training program—means that a covered person will be given priority over a non-covered person for employment, training, and placement services provided under that program. VETS said the rule is designed to provide vets and eligible spouses with clear entry points into high-growth, high-wage civilian jobs and easily accessible post-secondary education and training. “Priority of service is an important acknowledgment of the sacrifices of the men and women who have served in the U.S. armed forces,” said Charles Ciccolella, assistant secretary of labor for VETS. To see more, go to: www.dol.gov/opa/media/press/vets/vets20081862.htm

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