Ensign, Reid move to tighten federal whistle-blower laws

Tuesday, July 8, 2003 | 11:22 a.m.

WASHINGTON -- Nevada's senators unveiled legislation Monday that would tighten federal whistle-blower protection laws.

The legislation is a direct response to their concerns that Department of Energy employees do not feel comfortable raising concerns about the Yucca Mountain project, the senators said.

"It is unfortunate that we have to introduce legislation to prevent a federal agency from intimidating its employees," Sen. Harry Reid, D-Nev., said in a written statement. "But it appears that the DOE will resort to any means necessary to prevent Yucca Mountain project employees from speaking out."

Whistle-blower protection laws designed to offer recourse to employees who believe they have been retaliated against for raising concerns vary within the federal government and do not cover all employees.

Employees of the Energy Department and Nuclear Regulatory Commission currently are not covered. Whistle-blowers at the two agencies who believe they have been unfairly punished must navigate administrative appeals within the agencies. The legislation would expand the whistle-blower law to allow them to appeal to the Department of Labor if they believe their agency unfairly fired them or retaliated against them.

The Energy Department manages Yucca, the federal project aimed at constructing the nation's first high-level nuclear waste repository at the desert site 90 miles northwest of Las Vegas. The NRC is responsible for licensing and regulating the project.

The bill also would empower whistle-blowers to file their cases in federal court if the Department of Labor does not settle their disputes within 180 days. The House earlier this year approved similar legislation.

Reid and Ensign have said they suspect the Energy Department pressured two Yucca project auditors, one a contractor and one a department employee, into not testifying at a May 28 hearing hosted by the senators in Las Vegas.

The senators invited the two auditors, Robert Clark and Donald Harris, to testify at the hearing, but they did not appear. The auditors have both documented project flaws.