Page:United States Statutes at Large Volume 106 Part 4.djvu/387

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 3123 SEC. 2902. EMPLOYEE PROTECTION FOR NUCLEAR WHISTLEBLOWERS. (a) INTERNAL WHISTLEBLOWERS; EMPLOYERS.— Section 210(a) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(a)) is amended— (1) by inserting "(1)" after "SEC. 210. (a)"; (2) by striking ", including" and all that follows through "licensee or applicant,**; (3) by inserting after the dash the following new subparagraphs: "(A) notified his employer of an alleged violation of this Act or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); "(B) refused to engage in any practice made unlawful by this Act or the Atomic Energy Act of 1954, if the employee has identified the alleged illegality to the employer; "(C) testified before Congress or at any Federal or State proceeding regarding any provision (or proposed provision) of this Act or the Atomic Energy Act of 1954;"; (4) by redesignating paragraphs (1) through (3) as subparagraphs (D) through (F), respectively; and (5) by adding at the end the following new paragraph: "(2) For purposes of this section, the term 'employer' includes— "(A) a licensee of the Commission or of an agreement State under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021); "(B) an applicant for a license from the Commission or such an agreement State; "(C) a contractor or subcontractor of such a licensee or applicant; and "(D) a contractor or subcontractor of the Department of Energy that is indemnified by the Department under section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)), but such term shall not include any contractor or subcontractor covered by Executive Order No. 12344.". (b) TIME PERIOD FOR FILING COMPLAINT.— Section 210(b)(1) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(b)(l)) is amended by striking "thirty days" and inserting "180 days". (c) INTERIM RELIEF.— Section 210(b)(2)(A) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(b)(2)(A)) is amended by inserting before the last sentence the following: "Upon the conclusion of such hearing and the issuance of a recommended decision that the complaint has merit, the Secretary shall issue a preliminary order providing the relief prescribed in subparagraph (B), but may not order compensatory damages pending a nnal order.". (d) AVOIDANCE OF FRIVOLOUS COMPLAINTS.— Section 210(b) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(b)) is amended by adding at the end the following new paragraph: "(3)(A) The Secretary shall dismiss a complaint filed under paragraph (1), and shall not conduct the investigation required under paragraph (2), unless the complainant has made a prima facie showing that any behavior described in subparagraphs (A) through (F) of subsection (a)(1) was a contributing factor in the unfavorable personnel action alleged in the complaint. "(B) Notwithstanding a finding by the Secretary that the complainant has made the showing required by subparagraph (A), no investigation required under paragraph (2) shall be conducted if the employer demonstrates, by clear and convincing evidence.

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