Latest News and Efforts from the Government Accountability ProjectDevine calls for independent EPA ombudsman
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16 Jan 2003 17:00:01 -0000
Devine calls for independent EPA ombudsman
Tom Devine
STATEMENT OF THOMAS DEVINE, GAP LEGAL DIRECTOR
CONGRESSIONAL/CITIZEN OVERSIGHT HEARING ON EPA OMBUDSMAN
<br />
<br /> Today’s forum is a badly-needed opportunity for congressional oversight, and a forum for community leaders who believe their voices no longer are heard by the Environmental Protection Agency (EPA) on issues with life and death stakes for their families. More specifically, it is a chance for affected citizens to blow the whistle on empty promises by their government. Those who bear witness today will arm Congress with evidence to hold EPA accountable for bad faith commitments of stepped-up service by its reorganized ombudsman, made in House and Senate hearings last summer.
<br />
<br /> Hopefully, today’s record will be the foundation for quick congressional action to pass legislation creating an independent statutory EPA ombudsman, independent and safe from political pressures and retaliation that have plagued the office whenever it has been effective in making a difference against political abuses of power. Last year a federal judge found a substantial likelihood that the previous National Ombudsman office led by Mr. Martin was abolished in retaliation for his exercise of First Amendment free speech rights. The controversy involved alleged conflicts of interest by the agency administrator, precisely when the public most needs an independent ombudsman on the job.
<br />
<br />There is little question that the current EPA structure flunks the laugh test for a credible ombudsman, even if it did not have a history of obstructing ombudsman investigations. Last fall the General Accounting Office (GAO) concluded it would undermine prior recommendations for a strengthened office that EPA had insisted it was carrying out by relocating it, to the point where basic ombudsman duties have been legally barred in the new home for ombudsman work. By contrast, S. 606 as approved by the Senate is outstanding good government legislation. It meets the standards of the model ombudsman program recommended by the Organization of American States to implement its Inter-American Convention Against Corruption.
<br />
<br />One flaw must be corrected, however, to secure a safe channel for the free flow of information to the ombudsman, which is the lifeblood for any government agency to operate effectively. Due to a technical drafting mistake, the whistleblower protection clause of the bill references a 1992 law enacted to help nuclear power workers. While well intentioned at the time, Congress has learned many lessons in the intervening decade. In particular, the administrative process that adjudicates nuclear whistleblower cases has been plagued by backlogs that commonly exceeds three years, and in some cases have extended over a decade – as long as the statute has been in existence. Last summer Congress corrected that problem in the Sarbanes-Oxley law’s whistleblower provision. Like Equal Employment Opportunity (EEO) cases, those who do not receive a decision in 180 days can file an action in district court, where they can seek injunctive relief for cases that threaten to drag out. This frees whistleblowers from being prisoners of an administrative law process commonly known as the “black hole.”
<br />
<br />The bottom line in correcting this technical mistake is that it would turn exercising rights from a time-consuming exercise in frustration, to a genuine chance for justice. In order to better fight corporate crime, Congress passed the Sarbanes-Oxley whistleblower law with a near-unanimous mandate. Defending America’s communities against potentially fatal toxic threats deserves just as effective protection.
<br />
<br />Finally, today’s forum is the chance to test a hybrid model for government accountability – citizen ombudsmen teaming up with those in Congress who care, when normal agency channels to break citizen-agency impasses are either compromised or unresponsive. Hopefully, this event will help to – 1) break an impasse on Superfund cleanups that has existed throughout the current EPA administrator’s term; and 2) establish a new model creating a voice for disenfranchised citizens. As referenced earlier, GAP’s attached Senate testimony from last summer provides context for these views.
<br />
<br />
<br />
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Devine calls for independent EPA ombudsman
Tom Devine
STATEMENT OF THOMAS DEVINE, GAP LEGAL DIRECTOR
CONGRESSIONAL/CITIZEN OVERSIGHT HEARING ON EPA OMBUDSMAN
<br />
<br /> Today’s forum is a badly-needed opportunity for congressional oversight, and a forum for community leaders who believe their voices no longer are heard by the Environmental Protection Agency (EPA) on issues with life and death stakes for their families. More specifically, it is a chance for affected citizens to blow the whistle on empty promises by their government. Those who bear witness today will arm Congress with evidence to hold EPA accountable for bad faith commitments of stepped-up service by its reorganized ombudsman, made in House and Senate hearings last summer.
<br />
<br /> Hopefully, today’s record will be the foundation for quick congressional action to pass legislation creating an independent statutory EPA ombudsman, independent and safe from political pressures and retaliation that have plagued the office whenever it has been effective in making a difference against political abuses of power. Last year a federal judge found a substantial likelihood that the previous National Ombudsman office led by Mr. Martin was abolished in retaliation for his exercise of First Amendment free speech rights. The controversy involved alleged conflicts of interest by the agency administrator, precisely when the public most needs an independent ombudsman on the job.
<br />
<br />There is little question that the current EPA structure flunks the laugh test for a credible ombudsman, even if it did not have a history of obstructing ombudsman investigations. Last fall the General Accounting Office (GAO) concluded it would undermine prior recommendations for a strengthened office that EPA had insisted it was carrying out by relocating it, to the point where basic ombudsman duties have been legally barred in the new home for ombudsman work. By contrast, S. 606 as approved by the Senate is outstanding good government legislation. It meets the standards of the model ombudsman program recommended by the Organization of American States to implement its Inter-American Convention Against Corruption.
<br />
<br />One flaw must be corrected, however, to secure a safe channel for the free flow of information to the ombudsman, which is the lifeblood for any government agency to operate effectively. Due to a technical drafting mistake, the whistleblower protection clause of the bill references a 1992 law enacted to help nuclear power workers. While well intentioned at the time, Congress has learned many lessons in the intervening decade. In particular, the administrative process that adjudicates nuclear whistleblower cases has been plagued by backlogs that commonly exceeds three years, and in some cases have extended over a decade – as long as the statute has been in existence. Last summer Congress corrected that problem in the Sarbanes-Oxley law’s whistleblower provision. Like Equal Employment Opportunity (EEO) cases, those who do not receive a decision in 180 days can file an action in district court, where they can seek injunctive relief for cases that threaten to drag out. This frees whistleblowers from being prisoners of an administrative law process commonly known as the “black hole.”
<br />
<br />The bottom line in correcting this technical mistake is that it would turn exercising rights from a time-consuming exercise in frustration, to a genuine chance for justice. In order to better fight corporate crime, Congress passed the Sarbanes-Oxley whistleblower law with a near-unanimous mandate. Defending America’s communities against potentially fatal toxic threats deserves just as effective protection.
<br />
<br />Finally, today’s forum is the chance to test a hybrid model for government accountability – citizen ombudsmen teaming up with those in Congress who care, when normal agency channels to break citizen-agency impasses are either compromised or unresponsive. Hopefully, this event will help to – 1) break an impasse on Superfund cleanups that has existed throughout the current EPA administrator’s term; and 2) establish a new model creating a voice for disenfranchised citizens. As referenced earlier, GAP’s attached Senate testimony from last summer provides context for these views.
<br />
<br />
<br />
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