| Comment Number: | OL-10511911 |
| Received: | 3/16/2005 6:21:26 PM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| No Attachments |
Comments:
On behalf of the Sierra Club Environmental Law Program, I am writing to urge the Department to rescind two aspects of the proposed rules that will inhibit the ability of Department employees to identify and correct failures to comply with environmental laws. The Department's effect on the natural environment in this country is very substantial - the Department's enormous landholdings, combined with the very high habitat quality of those landholdings, make its environmental compliance extremely important to the future of this country's natural heritage. In addition, the Department's extensive handling of toxic, explosive and radioactive materials make its compliance with environmental laws critical to the health and safety of millions of Americans. As we understand the proposed rule, it threatens to undermine the ability of Department employees to serve as watchdogs over environmental compliance in two serious ways. First, the "flexibility" provisions governing employee termination, discipline and transfer are structured such that a) employee complaints of environmental non-compliance made within their chain of command will not be afforded the protections normally provided to employee "whistleblowing," and therefore b) employee complaints of environmental violations will risk being suppressed by transfer, termination or discipline. We urge the Department to change the proposed rules so that employee complaints of environmental non-compliance made within their chain of command are protected in a manner similar to whistleblowing to outside audiences. Second, the provisions of the proposed rules governing the jurisdiction of the Merit Systems Protection Board make it difficult or impossible for the Board to intervene and assist the case of a whistleblower, thereby weakening the protections afforded to honest Department employees who have the courage to speak out concerning environmental violations. A robust personnel system that protects employees who complain of environmental misconduct is an essential safeguard for all Americans against the very real threats of toxic pollution and the degradation of our natural heritage. We urge the Department to change the rules to ensure that the personnel system will protect employees who have the courage and integrity to speak out. Yours very truly, Patrick Gallagher Director of Environmental Law Sierra Club