Todd Jacobson
NS&D Monitor
2/07/2014

Republicans and Democrats on the House Armed Services Committee, who previously have sparred over legislative language about the Defense Nuclear Facilities Safety Board, both expressed concern this week about increasing tension and flagging employee morale at the Board that was revealed by NW&M Monitor last week. NW&M Monitor also revealed that an Inspector General investigation about the management style of Chairman Peter Winokur is expected to resume this month after a delay connected to the handover of DNFSB IG duties from the Postal Service IG to the Nuclear Regulatory Commission IG.

In a statement, Claude Chafin, a Republican spokesman on the House Armed Services Committee, suggested the issues facing the Board justified language that directed the DNFSB to get an Inspector General for the first time. “HASC has been tracking these types of concerns at the DNFSB for some time, and they are exactly the reason the FY13 NDAA required the DNFSB to get an Inspector General in place,” Chafin said. “After a delay of over a year, we look forward to the Nuclear Regulatory Commission’s Inspector General getting to the bottom of these formal complaints as well as identifying the root causes behind the plummeting morale of DNFSB employees.”

A Battle Over DNFSB Language

The language that directed the DNFSB to procure an Inspector General was part of a broad swath of provisions that would have revamped the way the Board does business. Initially, the House-passed version of the FY 2013 Defense Authorization Act included provisions that would have required the DNFSB to assess the technical and economic feasibility, costs and benefits and practicability of its recommendations. The Board would also have been directed to first provide a draft copy of any formal recommendation to the Secretary of Energy, who would have had 45 days to provide comment before a final version could be issued.

It also sought to reduce the level of authority the DNFSB Chairman has in the operation of the Board, such as by requiring all Board members to have “full and simultaneous access” to all information and to have the ability to propose individuals for senior staff positions for which a determination would have to be made. A quorum of Board members would also have been needed for some Board activities and each Board member would be given funds to employ at least one technical advisor that would not be subject to the direction or supervision of the DNFSB Chairman. House Democrats opposed much of the language but were unable to amend the legislation. However, Senate authorizers succeeded in watering down some of the provisions and stripping out others, like those that would have reduced the power of the DNFSB chairman.

Dems: Issues ‘Troubling,’ But Board Work Important

Michael Amato, a Democratic spokesman for the House Armed Services Committee, called the problems facing the Board “troubling” but emphasized the strong role the DNFSB plays in the weapons complex. “While it is troubling to see the issues surrounding the Inspector General investigation, it is also important to note that the board plays a key role in ensuring the safety of workers and the public and that safety continues to be an important priority in the nuclear security enterprise,” Amato said in a statement to NW&M Monitor. “The Department of Labor has paid over $10 billion to sick workers and their families since 2001 as compensation for exposure to radiation and highly toxic materials. That is not good for workers or for taxpayers. It is our hope that the on-going investigation is resolved soon so the Board can return to its important work. “

Personnel Moves, IG Complaint Highlight Turmoil

Over the last year, the Board’s management has gone through significant upheaval, with several key senior leaders removed from their positions, including General Manager Marcelyn Atwood and Technical Director Tim Dwyer. Most recently, General Counsel Dave Jonas was placed on indefinite paid administrative leave by Winokur while a hostile work environment in the Office of the General Counsel is investigated. Human Resources Director Jackie Durkee also recently left the Board, but it’s unclear whether her departure was tied to the apparent tensions at the Board.

In December, Jonas filed an IG complaint that raised concerns about whether Winokur properly investigated sexual harassment and retribution allegations made by some Board employees, alleged that Winoukur directed information to be withheld from some Board members, and alleged financial mismanagement tied to the continuing service of DNFSB member Joseph Bader, who has not worked at the Board since having major surgery in August. 

A survey conducted last spring by the Office of Personnel Management found a significant drop in positive responses in a variety of categories compared to previous years. For example, 36 percent of those surveyed provided a negative response when asked, “Considering everything, how satisfied are you with your organization?” compared to an 8.4 percent negative response in a 2012 survey. The Board described the results of the employee survey as “sobering,” attributing them, in part, to “a period of significant change” underway at the agency.            

Winokur defended the Board last week, though, stressing that it continues to perform at an “extremely high level” despite a significant period of change that includes Congressional modifications to the Board’s statute, the introduction of an Inspector General, the new Performance Management System, and improvements to programmatic internal controls.