Page:United States Statutes at Large Volume 119.djvu/803

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 785

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. 628. DECOMMISSIONING PILOT PROGRAM.

(a) PILOT PROGRAM.—The Secretary shall establish a decommissioning pilot program under which the Secretary shall decommission and decontaminate the sodium-cooled fast breeder experimental test-site reactor located in northwest Arkansas, in accordance with the decommissioning activities contained in the report of the Department relating to the reactor, dated August 31, 1998. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this section $16,000,000. 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.’’.

Deadline.

SEC. 630. MEDICAL ISOTOPE PRODUCTION.

Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is amended— (1) in subsection a., by striking ‘‘a. The Commission’’ and inserting ‘‘a. IN GENERAL.—Except as provided in subsection b., the Commission’’; (2) by redesignating subsection b. as subsection c.; and (3) by inserting after subsection a. the following: ‘‘b. MEDICAL ISOTOPE PRODUCTION.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) HIGHLY ENRICHED URANIUM.—The term ‘highly enriched uranium’ means uranium enriched to include concentration of U–235 above 20 percent.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

Jkt 039194

PO 00001

Frm 00783

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001

�