[Enrolled as Agreed to or Passed by Both House and Senate

Excerpt showing ERA whistleblower related provisions
(sections 627 and 629)

[DOCID: f:hr190.109]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]


109th Congress                                        Report
                        HOUSE OF REPRESENTATIVES
1st  Session                                         109-190
_______________________________________________________________________




                       ENERGY POLICY ACT OF 2005

                               ----------

                           CONFERENCE REPORT

                         [To accompany H.R. 6]



*  *  *


SEC. 627. LIMITATION ON LEGAL FEE REIMBURSEMENT.

    Title II of the Energy Reorganization Act of 1974 (42
U.S.C. 5841 et seq.) is amended by adding at the end the
following new section:

                "LIMITATION ON LEGAL FEE REIMBURSEMENT

    "Sec. 212. The Department of Energy shall not, except as
required under a contract entered into before the date of
enactment of this section, reimburse any contractor or
subcontractor of the Department for any legal fees or expenses
incurred with respect to a complaint subsequent to--
            "(1) an adverse determination on the merits with
        respect to such complaint against the contractor or
        subcontractor by the Director of the Department of
        Energy's Office of Hearings and Appeals pursuant to
        part 708 of title 10, Code of Federal Regulations, or
        by a Department of Labor Administrative Law Judge
        pursuant to section 211 of this Act; or
            "(2) an adverse final judgment by any State or
        Federal court with respect to such complaint against
        the contractor or subcontractor for wrongful
        termination or retaliation due to the making of
        disclosures protected under chapter 12 of title 5,
        United States Code, section 211 of this Act, or any
        comparable State law,

unless the adverse determination or final judgment is reversed
upon further administrative or judicial review.".

*  *  *

SEC. 629. WHISTLEBLOWER PROTECTION.

    (a) Definition of Employer.--Section 211(a)(2) of the
Energy Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) is
amended--
            (1) in subparagraph (C), by striking "and" at the
        end;
            (2) in subparagraph (D), by striking the period at
        the end and inserting a semicolon; and
            (3) by adding at the end the following:
                    "(E) a contractor or subcontractor of the
                Commission;
                    "(F) the Commission; and
                    "(G) the Department of Energy.".
    (b) De Novo Review.--Subsection (b) of such section 211 is
amended by adding at the end the following new paragraph:
            "(4) If the Secretary has not issued a final
        decision within 1 year after the filing of a complaint
        under paragraph (1), and there is no showing that such
        delay is due to the bad faith of the person seeking
        relief under this paragraph, such person may bring an
        action at law or equity for de novo review in the
        appropriate district court of the United States, which
        shall have jurisdiction over such an action without
        regard to the amount in controversy.".