Page:United States Statutes at Large Volume 106 Part 4.djvu/388

 106 STAT. 3124 PUBLIC LAW 102-486—OCT. 24, 1992 that it would have taken the same unfavorable personnel action in the absence of such behavior. "(C) Hie Secretary may determine that a violation of subsection (a) has occurred only if the complainant has demonstrated 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. "(D) Relief may not be ordered under paragraph (2) if the employer demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of such behavior.". (e) NONPREEMPTION.—Section 210 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851) is amended by adding at the end the following new subsection: "(h) This section may not be construed to expand, diminish, or otherwise affect any right otherwise available to an employee under Federal or State law to redress the employee's discharge or other discriminatory action taken by the employer against the employee.". (0 POSTING REQUIREMENT. —Section 210 of the Ener»r Reorganization Act of 1974 (42 U.S.C. 5851) is further amended by adding at the end the following new subsection: "(i) The provisions of this section shall be prominently posted in any place of employment to which this section applies.". (g) DUTY OF NRC TO INVESTIGATE SUBSTANTIVE ALLEGA- TIONS.—Section 210 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851) is further amended by adding at the end the following new subsection: "(j)(l) The Commission or the Department of Energy shall not delay taking appropriate action with respect to an allegation of a substantial safety hazard on the basis of— "(A) the filing of a complaint under subsection (b)(1) arising from such allegation; or "(B) any investigation by the Secretary, or other action, under this section in response to such complaint. "(2) A determination by the Secretary under this section that a violation of subsection (a) has not occurred shall not be considered by the Commission or the Department of Energy in its determination of whether a substantial safety hazard exists.". (h) TECHNICAL AND CONFORMING AMENDMENTS. — (1) The title heading of title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) is amended to read as follows: " TITLE II —NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER PROTECTION". (2) Section 21(KbXl) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(b)(l)) is amended— (A) by striking "(hereinafter in this subsection referred to as the Secretary*)" and inserting "(in this section referred to as the 'Secretary")"; and (B) by striking "and the Commission" and inserting ", the Commission, and the Department of Energy". (3) The second of the two sections of the Energy Reorganization Act of 1974 that is numbered 210 (42 U.S.C. 5851) is redesignated as section 211.

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