Did Congress waive sovereign immunity for NRC whistleblowers?

QUESTION PRESENTED In 2005, Congress amended the Energy Reorganization Act of 1974 (“ERA”) to expressly include the Nuclear Regulatory Commission (“NRC”) as an employer which could be sued for retaliatory discrimination against whistleblowing employees. Did the Fourth Circuit err in holding Congress had not waived sovereign immunity, even though Congress had enacted and then carefully amended a substantive statutory provision that unequivocally authorizes whistleblowing employees of the NRC to sue the sovereign for retaliation?