,,ii #aadth ,,congress #b;d ,session ,s4 #ccid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bf1 #bjaf ,mr4 ,wyden 7for himself1 ,mr4 ,markey1 and ,mrs4 ,mc,caskill7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,energy ,reorganization ,act of #aigd to modify provisions relating to protection of the employees of the ,department of ,energy and the ,nuclear ,regulatory ,commission4 #a4 ,short title ,this ,act may be cited as the ,department of ,energy ,whistleblower ,accountability ,act4 #b4 ,department of ,energy and ,nuclear ,regulatory ,commission employee protection 7a7 ,in general ,section #baa of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7a77#a7 ,no employer and inserting the following3 7a7 ,discrimination against employees 7#a7 ,in general ,no employer 2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking his2 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 notified the employer or an employee concerns program of-- 7i7 an alleged violation of-- 7,i7 this ,act2 or 7,,ii7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 or 7ii7 a violation of any law1 rule1 or regulation1 an instance of gross mismanagement1 gross waste of funds1 or abuse of authority1 or a substantial and specific danger to public health or safety2 2 7iii7 in subparagraph 7,b71 by inserting described in subparagraph 7,a7 or otherwise after any practice2 7iv7 in subparagraph 7,c71 by striking testified before ,congress or at any ,federal or ,state proceeding regarding any provision and inserting the following3 disclosed to a ,member of ,congress or a representative of a committee of ,congress1 the ,government ,accountability ,office1 or an ,inspector ,general1 or testified before ,congress or at a ,federal or ,state proceeding regarding-- 7i7 an alleged violation or incident described in subparagraph 7,a72 or 7ii7 any provision 2 7v7 in subparagraph 7,d7-- 7,i7 by striking a proceeding under and inserting the following3 a proceeding-- 7i7 under 2 7,,ii7 in clause 7i7 7as so designated71 by striking #aied1 as amended1 or a proceeding for and inserting the following3 #aied 7#db ,u4,s4,c4 #bjaa et seq472 7ii7 for 2 7,,iii7 in clause 7ii7 7as so designated71 by striking 1 as amended2 and inserting 2 or2 and 7,,iv7 by adding at the end the following3 7iii7 involving an alleged violation or incident described in subparagraph 7,a72 2 7vi7 in subparagraph 7,e71 by striking any such proceeding or2 and inserting any proceeding described in subparagraph 7,d72 or2 and 7vii7 in subparagraph 7,f71 by striking 1 as amended2 and 7,c7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,a7 through 7,g7 as subclauses 7,i7 through 7,,vii71 respectively1 and indenting the subclauses appropriately2 7ii7 by striking 7#b7 ,for purposes of this section1 the term and inserting the following3 7#b7 ,definitions ,in this section3 7,a7 ,employer 7i7 ,in general ,the term 2 7iii7 in subparagraph 7,a7 7as so redesignated7-- 7,i7 in subclause 7,,iv7 of clause 7i7 7as so redesignated71 by striking 1 but and all that follows through #abcdd2 and 7,,ii7 by adding at the end the following3 7ii7 ,exclusion ,the term employer does not include any contractor or subcontractor covered by ,executive ,order #abcdd 7#dg ,fed4 ,reg4 #digi 7,february #c1 #aihb774 2 and 7iv7 by adding at the end the following3 7,b7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 2 7#b7 in subsection 7b7-- 7,a7 by striking 7b77#a7 ,any employee who believes that he and inserting the following3 7b7 ,complaints2 action by ,secretary 7#a7 ,complaints 7,a7 ,in general ,any employee who believes that the employee 2 7,b7 in subparagraph 7,a7 of paragraph 7#a7 7as so redesignated7-- 7i7 in the first sentence-- 7,i7 by striking #ahj days and inserting #a year2 and 7,,ii7 by striking of ,labor 7in this section referred to as the ,secretary72 and 7ii7 in the second sentence1 by striking ,upon receipt of such a complaint and inserting the following3 7,b7 ,notification ,on receipt of a complaint under subparagraph 7,a7 2 7,c7 in paragraph 7#b7-- 7i7 by striking 7#b77;,a7 ,upon receipt and inserting the following3 7#b7 ,action by ,secretary 7,a7 ,investigations2 orders2 limitation on settlement 7i7 ,investigations 7,i7 ,in general ,on receipt 2 7ii7 in subparagraph 7,a7 7as so redesignated7-- 7,i7 in the second sentence1 by striking ,within #cj days of the and inserting the following3 7,,ii7 ,completion ,not later than #cj days after the date of 2 7,,ii7 in the third sentence1 by striking ,within ninety days of the receipt of such complaint and inserting the following3 7ii7 ,orders 7,i7 ,in general ,not later than #ij days after the date of receipt of a complaint under paragraph 7#a7 2 7,,iii7 in the fourth sentence1 by striking ,an order and inserting the following3 7,,ii7 ,public notice and participation ,an order 2 7,,iv7 in the fifth sentence1 by striking ,upon the conclusion of such hearing and inserting the following3 7,,iii7 ,preliminary orders ,on conclusion of a hearing under subclause 7,,ii7 2 7,v7 in the sixth sentence1 by striking ,the ,secretary and inserting the following3 7iii7 ,limitation on settlement ,the ,secretary 2 and 7,,vi7 in clause 7i7 7as so designated71 by adding at the end the following3 7,,iii7 ,request for administrative hearing ,if the ,secretary has not issued any finding relating to an investigation under this clause by the date that is #ahj days after the date on which the relevant complaint was filed under paragraph 7#a71 and if there is no showing that the delay is due to the bad faith of the complainant1 the complainant may request a hearing on the complaint before an administrative law judge of the ,department of ,labor4 2 and 7iii7 in subparagraph 7,b7-- 7,i7 by striking 7,b7 ,if and inserting the following3 7,b7 ,secretarial orders 7i7 ,in general ,if 2 7,,ii7 in the first sentence-- 7aa7 by striking the ,secretary shall order the person who committed such violation to 7i7 take affirmative action to abate the violation1 and 7ii7 reinstate and inserting the following3 the ,secretary-- 7,i7 shall order the person who committed the violation-- 7aa7 to take affirmative action to abate the violation2 and 7bb7 to reinstate 2 and 7bb7 by striking his employment1 and the ,secretary may order such person and inserting the following3 employment2 and 7,,ii7 may order the person 2 7,,iii7 in the second sentence1 by striking ,if an order and inserting the following3 7ii7 ,costs and expenses 7,i7 ,in general ,subject to subclause 7,,ii71 if an order 2 and 7,,iv7 in clause 7ii7 7as so designated71 by adding at the end the following3 7,,ii7 ,limitation ,the ,secretary shall assess all administrative and litigation costs and attorneys fees incurred under this section only against the responsible contractor of the ,commission or the ,department of ,energy1 unless that contractor demonstrates to the satisfaction of the ,secretary that the ,commission or the ,department of ,energy1 as applicable1 contributed to1 or caused1 the violation by the contractor4 7,,iii7 ,exemplary damages2 debarment2 suspension ,the ,secretary may assess exemplary damages1 and debar1 suspend1 delicense1 or take any similar action1 against any employer or responsible employee of an employer against whom an order is issued under this subparagraph1 as the ,secretary determines to be appropriate to deter employer retaliation against employees who report concerns or carry out other activities protected under this section4 2 and 7,d7 in paragraph 7#d71 by inserting 7including a demand for a jury trial7 after de novo review2 7#c7 in subsection 7e77#b71 by striking 7#b7 ,the court and inserting the following3 7#b7 ,costs of litigation ,subject to the limitation described in subsection 7b77#b77;,b77ii77,,ii71 a ,united ,states district court 2 7#d7 in subsection 7g7-- 7,a7 by striking causes a violation and inserting the following3 causes-- 7#a7 a violation 2 and 7,b7 by striking #aied1 as amended4 and inserting the following3 #aied 7#db ,u4,s4,c4 #bjaa et seq472 or 7#b7 an incident described in subsection 7a77#a77;,a77ii74 2 and 7#e7 in subsection 7i7-- 7,a7 by striking 7i7 ,the provisions and inserting the following3 7i7 ,duties and authority of ,department of ,energy and ,commission 7#a7 ,posting requirement ,the ,secretary of ,energy and the ,chairperson of the ,commission1 as applicable1 shall ensure that the provisions 2 and 7,b7 by adding at the end the following3 7#b7 ,contractor and employee sanctions ,the ,secretary of ,energy or the ,chairperson of the ,commission may sanction any officer or employee of the ,department of ,energy or the ,commission1 as applicable1 who exercises management direction over a contractor who is the subject of a complaint filed under this section in any case in which the ,secretary of ,energy or the ,chairperson determines that-- 7,a7 the complaint against the contractor is substantiated2 and 7,b7 the officer or employee of the ,department of ,energy or the ,commission1 as applicable1 directly or indirectly permitted or sanctioned the violation or incident that was the subject of the complaint4 4 7b7 ,conformation of contracts 7#a7 ,in general ,notwithstanding any other provision of law1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy and the ,chairperson of the ,nuclear ,regulatory ,commission shall modify all contracts of the ,department of ,energy and the ,nuclear ,regulatory ,commission1 respectively1 as the ,secretary and the ,chairperson determine to be necessary to conform the contracts to the applicable requirements of section #baa of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehea7 7as amended by subsection 7a774 7#b7 ,effect of failure to conform ,a failure by the ,secretary of ,energy or the ,chairperson of the ,nuclear ,regulatory ,commission to modify a contract in accordance with paragraph 7#a7 shall not affect the ability of any employee of the ,department of ,energy or the ,nuclear ,regulatory ,commission to file a complaint under an applicable provision of section #baa of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehea7 7as amended by subsection 7a774