[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.".