FederalDaily - November 15, 2005

ACLU Sues to Protect Air Marshals’ Free Speech

In a court motion filed on Nov. 9, the American Civil Liberties Union (ACLU) of Southern California sought to block a new Department of Homeland Security (DHS) policy that “overly restricts the free speech rights of Federal Air Marshals.” The ACLU charged that the policy will prevent whistleblowers from reporting mismanagement or wrongdoing and is likely to jeopardize public safety. T he ACLU filed the motion as part of its ongoing defense of Air Marshal Frank Terreri, who was prohibited from speaking publicly about the Federal Air Marshal Service. In a previous lawsuit, Terreri challenged Federal Air Marshal Service rules that prohibited him from speaking publicly about his job or criticizing the Air Marshal Service. The ACLU called the policy a violation of Terreri’s First Amendment rights. For more, go to www.aclu.org/.

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Independent Commission Would Review Federal Spending

Rep. Katherine Harris, R-Fla., on Nov. 9 announced the Federal Government Spending Accountability and Oversight Act (H.R. 4177). If passed, the legislation would establish an independent commission to review the administrative spending practices and the efficiency of the federal government and instruct the commission to report its findings to Congress. “It is time we start running the federal government more like a business,” said Harris. “Government spending has increased 39 percent in just three years. Congress is fully capable of eliminating waste, but the first step must be to supply Congress and the administration with an in-depth examination of current practices and means to operate more efficiently,” she added.

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Army Corps of Engineers Employee Files USERRA Petition

The Office of Special Counsel (OSC) filed a petition for corrective action on behalf of a former employee of the U.S. Army Corps of Engineers, Russell G. Jones, under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA protects the civilian careers of persons who perform military service. OSC filed a petition with the Merit Systems Protection Board (MSPB). Jones performed service for the Air Force. The petition requests that the MSPB order the Army Corps of Engineers to:

• reemploy Jones to a position same or similar in pay, status and seniority to the position he would have held had he been continuously employed,
• provide him with all employment benefits based on seniority to which he is entitled,
• award him back pay, plus interest, from the effective date of his reemployment, and
• make contributions and necessary adjustments to Jones’ Thrift Savings Plan.

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GAO Reports on DoD’s Modernization Progress

For years, the Department of Defense (DoD) has made efforts to transform its business operations, including modernizing information technology (business) systems. The Government Accountability Office (GAO) has reported on inefficiencies and inadequate accountability across DoD’s major business areas, resulting in billions of dollars of wasted resources annually. GAO recently said that DoD has made progress in establishing needed business system modernization management capabilities, but more needs to be done. DoD’s Business Transformation Agency offers potential benefits relative to the department’s business systems modernization efforts if the agency can be properly organized and is held accountable, according to GAO. GAO believes a chief management official, responsible for business transformation, could provide the strong and sustained executive leadership needed in this area.

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