FederalDaily - September 7, 2007
Appeals Court Says TSO’s Case May Proceed
A federal appeals court ruled on Sept. 5 that a Transportation Security Officer (TSO) who claims he
was fired for union activity is entitled to seek legal redress. The decision by the U.S. Court of Appeals
for the Ninth Circuit was declared a major victory for federal workers by the American Federation of
Government Employees (AFGE), which filed the lawsuit on behalf of the TSO. The government had argued
that the TSO—who said he was fired for sending his grievance about Oakland Airport baggage screening
practices to AFGE—had no standing to sue over the matter because TSOs were exempt from the protections
of the Civil Service Reform Act, and because the Transportation Security Administration (TSA) administrator
had discretion in determining employment terms and conditions. In December 2004, a federal district
court ruled that it had no jurisdiction to hear the case, and that AFGE had no standing to sue. But
the appeals court now has reversed that decision, and remanded the case to the district court. “We
conclude that the statutory scheme governing TSA security screeners does not express a clear intention
on the part of Congress to preclude judicial review of screeners’ constitutional claims,” the
opinion said. To see more, go to: www.afge.org/Index.cfm?Page=PressReleases&PressReleaseID=784
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Bush Applauds Nussle Confirmation as OMB Head
President Bush praised the Senate confirmation of former House member Jim Nussle, who was approved
by the Senate Sept. 4 as the new Office of Management and Budget (OMB) director. Nussle replaces Rob
Portman, who resigned June 19. “Jim’s confirmation comes at a critical time for our nation’s
budget as Congress considers this year’s annual spending bills,” Bush said in a statement
after the vote. In winning confirmation by a vote of 69-24, Nussle overcame opposition from some Democrats
who thought the ex-lawmaker was too partisan and combative. Sen. Hillary Clinton, D-N.Y., said she
voted against the nomination because she thought Nussle was the wrong man for the job. “Mr. Nussle’s
record doesn’t reflect an understanding of the challenges being faced by America’s middle
class,” Clinton said, “nor does his background suggest any particular ability to accommodate
views or priorities that differ from the president’s.” Nussle, who represented Iowa in
the House for 16 years, once won attention for putting a paper bag over his head on the House floor
to protest Democrats’ handling of overdrafts at the House bank. To see more, go to: www.whitehouse.gov/news/releases/2007/09/20070904-2.html
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DIA Says It Doesn’t Outsource Analysis
Responding to published reports that it was outsourcing intelligence analysis, the Defense Intelligence
Agency (DIA) this week issued a statement denying that a $1 billion request for proposals was an attempt
to re-assign sensitive intelligence functions to the private sector. The DIA’s unusual Sept.
4 press release came in response to an Aug. 19 Washington Post article that said the agency
was preparing to pay private contractors up to $1 billion to conduct core intelligence tasks of analysis
and collection over the next five years. The newspaper accounts were reporting on an Aug. 10 DIA solicitation
entitled, “Solutions for Intelligence Analysis Support.” But news reports about the consolidation
of 30 contracts into one deal worth nearly $1 billion were misinterpreted, according to the DIA statement. “DIA
does not outsource analysis,” the statement said. “DIA government senior analysts and leaders
rigorously review and approve all analytic products. Government managers are fully in charge of this
process.” Contractors currently represent about 35 percent of the DIA workforce, according to
the agency. To see more, go to: www.dia.mil/publicaffairs/Press/press019.pdf
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