Energy Provision Helps Whistleblowers - November 17, 2003 Vol.4 No.23

November 17, 2003 Vol.4 No.23:

Published: 11/17/2003

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Energy Provision Helps Whistleblowers

A small provision sponsored by Rep. Edward Markey (D-MA) in the new Energy Policy Act (H.R. 6) would prohibit the Energy Department from reimbursing contractors defending themselves from wrongfully terminated or persecuted whistleblowers.

Currently the government can reimburse contractor companies for their legal fees while whistleblowers must pay all expenses on their own. This encourages extended court battles where even after winning in court, a whistleblower could face appeal after appeal with the taxpayers footing the contactor's bill the entire way.

According to the Project on Government Oversight (POGO), a whistleblower advocacy group, reimbursing contractor legal fees in wrongfully terminated whistleblower cases currently costs taxpayers millions annually. Apparently, the Los Alamos National Laboratory alone spent over $6.6 million from 1991 to 2001 to reimburse contractors defending themselves in 37 employee cases.

Unfortunately, the Senate version of the bill does not contain a similar provision and the bill is still tied up in House-Senate negotiations.