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U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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OSC: Questions Remain on Energy Department
Response to Nuclear Facilities Security Deficiencies
FOR IMMEDIATE RELEASE - 2/2/06
CONTACT: LOREN SMITH, 202-254-3714,
lsmith@osc.gov
WASHINGTON—The U.S. Office of Special Counsel
(OSC) today transmitted a letter to the President detailing findings regarding
allegations of a violation of law, rule or regulation, and a substantial and
specific danger to public safety at the nation’s class “A” nuclear research
facilities and laboratories managed by the Department of Energy (DOE). DOE’s
class “A” facilities are charged with, among other things, research, disassembly
of nuclear weapons stockpiles, storage of nuclear components and raw materials
including Special Nuclear Material used for nuclear weapons, and the replacement
and refurbishment of nuclear weapons components used by the U.S. military.
The whistleblower, Mr. Richard Levernier, a DOE
Program Specialist, alleged violations of law, rule or regulation and serious
deficiencies in DOE’s Safeguards and Securities Program. He alleged that due to
the deficiencies in that program, DOE’s class “A” nuclear research facilities
and laboratories were vulnerable to terrorist attack, theft, and sabotage. Mr.
Levernier’s allegations fall into four categories: 1) the alleged failure of DOE
class “A” nuclear facilities to employ explosives detection equipment as
required by DOE Order; 2) alleged deficiencies in DOE’s force-on-force
performance tests at its nuclear facilities; 3) alleged deficiencies in DOE’s
Safeguards and Security process; 4) alleged security risks at the Los Alamos
National Laboratory. Mr. Levernier was particularly concerned with the serious
consequences which could result from a terrorist attack, including sabotage or
theft of Special Nuclear Material and the creation of an explosive device used
to destroy a facility or against other targets in the U.S.
The Secretary of Energy tasked officials of the
National Nuclear Security Administration with investigating the allegations and
writing the report. Although the agency acknowledged that some of what Mr.
Levernier described was accurate, the report did not substantiate the
allegations. DOE concluded that Mr. Levernier’s information was outdated and
that he was not aware of the specifics of the agency’s present security
programs. The agency maintained that it was adequately carrying out its
protective function.
Mr. Levernier provided comprehensive comments on
the report which include additional reports written by the General Accounting
Office, DOE’s Office of Inspector General and a recent independent review
conducted by retired Navy Admiral Richard Mies. These reports identify serious
problems and continuing concerns with DOE’s management and how the agency
operates its security program.
After review of the information, the Special
Counsel concluded that he was unable to determine whether or not the agency’s
findings were reasonable. The agency’s responses, when viewed against the
widespread criticism, do not seem to provide a complete and accurate picture of
DOE’s security program. Given the continuing, longstanding concerns with DOE’s
ability to accomplish its mission, continued oversight of and inquiry into DOE’s
security program is needed to ensure that these critically important materials
and facilities are not subject to theft or sabotage.
Special Counsel Scott J. Bloch said, “This case
underscores the significance of issues that whistleblowers raise. There are
abiding concerns about whether we are doing enough to safeguard nuclear
stockpiles and facilities. The additional information presented by Mr. Levernier
casts doubt upon the agency’s confident expression of its readiness to defend
the nuclear research facilities and nuclear assets within its custody. Mr.
Levernier and others raise issues important to our national security, and more
can be done to assure the public about these safety issues.”
***
The U.S.
Office of Special Counsel (OSC) is an independent investigative and
prosecutorial agency and operates as a secure channel for disclosures of
whistleblower complaints. Its primary mission is to safeguard the merit
system in federal employment by protecting federal employees and applicants
from prohibited personnel practices, especially retaliation for
whistleblowing. OSC also has jurisdiction over the Hatch Act and the
Uniformed Services Employment and Reemployment Rights Act (USERRA). For more
information please visit our web site at
www.osc.gov or call 1 (800) 872-9855.
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