[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1376

    To include the Department of Energy and the Nuclear Regulatory 
 Commission as employers for the purposes of whistleblower protection.


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                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2003

 Mr. Reid (for himself and Mr. Ensign) introduced the following bill; 
        which was read twice and referred to the Committee on Energy 
        and Natural ResourcesYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
    To include the Department of Energy and the Nuclear Regulatory 
 Commission as employers for the purposes of whistleblower protection.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF THE DEPARTMENT OF 
              ENERGY AND THE NUCLEAR REGULATORY COMMISSION.

    (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 ``that is 
        indemnified'' and all that follows through ``12344.'' and 
        inserting ``or the Commission; and''; and
            (3) by adding at the end the following:
                    ``(E) the Department of Energy and the 
                Commission.''.
    (b) De Novo Judicial Determination.--Section 211(b) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5851(b)) is amended by adding at 
the end the following:
            ``(4) De novo judicial determination.--If the Secretary 
        does not issue a final decision within 180 days after the 
        filing of a complaint under paragraph (1) and the Secretary 
        does not show that the delay is caused by the bad faith of the 
        claimant, the claimant may bring a civil action in United 
        States district court for a determination of the claim by the 
        court de novo.''.
                                 <all>