Tuesday, June 28, 2005
Copyright © Las Vegas Review-Journal

Nevadans' legislation aims to help protect DOE whistle-blowers

WASHINGTON -- Energy Department workers who report wrongdoing could have more muscle to fight retaliation under a bill the Senate is expected to pass today.

Senate leaders incorporated whistle-blower provisions into the energy policy bill late last week. The Senate Energy Committee made a copy of the amendment public Monday.

The amendment would allow DOE whistle-blowers to take their claims to federal court if the Labor Department does not act within 180 days on complaints of harassment or job reprisal for reporting safety violations or other problems.

The legislation was sponsored by Nevada's senators. They have said their interest dates to 2003 when they had difficulty persuading Yucca Mountain workers to testify at a hearing about flaws in the nuclear waste program.

The amendment broadens protections that Congress earlier made available to financial industry workers who report investment scams, said Tom Devine, legal director for the Government Accountability Project, a group that works with whistle-blowers.

Devine said a 180-day deadline could cause quick action on retaliation claims that emerge from the Energy Department.

"The Labor Department process is not designed for high-stakes public policy controversies like the things that could take place at a nuclear weapons facility," Devine said.

"Often, whistle-blower cases can drag out for two or three years, and that deters workers from coming forward," said Sen. Harry Reid, D-Nev. "Our legislation provides workers with the peace of mind that there will be consequences if a case is not resolved quickly or fairly."

"This is a fundamental right and especially important when it comes to something as serious as the work being done at the DOE," said Sen. John Ensign, R-Nev.

Versions of the energy bill contain differing whistle-blower sections. Devine said Congress is expected to continue negotiating whistle-blower provisions in conference committee.

Besides the Nevadans' amendment, the Senate bill contains whistle-blower language covering nuclear plant workers that is sponsored by Sen. James Inhofe, R-Okla., Devine said.

The energy bill that passed the House this spring would prohibit the government from reimbursing DOE contractors who lose whistle-blower cases, Devine said.