S.Amdt. 1484Senate108th Congress (2003-2005)

S.Amdt. 1484

What it does: Adds SEC. 4____. WHISTLEBLOWER PROTECTION at the end of subtitle D of title IV
Sponsored by Harry ReidSen. Harry Reid (D-NV)
Submitted July 31, 2003

What it changes

1 change to S. 14 · shown in the bill's text

Adds a section
  1. Adds SEC. 4____. WHISTLEBLOWER PROTECTION at the end of subtitle D of title IV

    Adds a section

    In S. 14 · Placed on Calendar Senate

    (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $16,000,000.

    Inserted: SEC. 4____. WHISTLEBLOWER PROTECTION.

    Inserted: (a) Definition of Employer.--Section 211(a)(2) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) is amended--

    Inserted: (1) in subparagraph (C), by striking "and" at the end;

    Inserted: (2) in subparagraph (D), by striking "that is indemnified" and all that follows through "12344." and inserting "or the Commission; and"; and

    Inserted: (3) by adding at the end the following:

    Inserted: "(E) the Department of Energy and the Commission.".

    Inserted: (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:

    Inserted: "(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.".

    Original wording

    At the end of subtitle D of title IV, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1484. Mr. REID (for himself and Mr. Ensign) submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title IV, insert the following:

SEC. 4____. 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 “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.”.

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Senate amendment submitted

July 31, 2003