[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
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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.".