(H.R. No. 101-474 (VIII), reprinted in 1992 U.S. Code Cong. &
Admin. News 1953, 2296-2297)
Title V -- Whistleblower Protection
This title broadens and deepens protection of nuclear
industry whistleblowers against harassment and other retaliatory
treatment. It amends the whistleblower protection provisions of
the Energy Reorganization Act of 1974 to explicitly provide
whistleblower protection for nuclear industry employees (1)
notify their employer of an alleged violation rather than a
federal regulator; (2) oppose a practice that would be a
violation of the Atomic Energy Act of 1954, or (3) testify before
Congress or any Federal or State agency regarding an alleged
violation of the Atomic Energy Act of 1954.
It also broadens the coverage of existing whistleblower
protection provisions to include a Nuclear Regulatory Commission
("NRC") licensee, an application for a Commission
license, a contractor or subcontractor of a Commission licensee
or of an applicant for a Commission license, the Department of
Energy ("DOE"), a contractor or subcontractor at a
Department of Energy nuclear facility, or any other employer
engaged in any activity under the Energy Reorganization Act or
the Atomic Energy Act of 1954. It extends the statute of
limitations for the filing of written complaints with the
Department of Labor from thirty days to one year, and makes
several other reforms of existing whistleblower protection
provisions.
The ability of nuclear industry employees to come forward to
either their employers or to regulators with safety concerns
without fear of harassment or retaliation is a key component of
our system of assuring adequate protection of public health and
safety from the inherent risks of nuclear power. Recent accounts
of whistleblower harassment at both NRC licensee (e.g., Millstone
Nuclear Plant in Connecticut) and DOE facilities (e.g., Hanford,
Oak Ridge, Rocky Flats) suggest that whistleblower harassment and
retaliation remain all too common in parts of the nuclear
industry. These reforms are intended to address those remaining
pockets of resistance.
(H.R. No. 101-474(VIII), reprinted in 1992 U.S. Code Cong. &
Admin. News 1953, 2337-2338 (Section-by-Section Analysis))
Title V -- Whistleblower Protection
Section 2501(a) amends the whistleblower protection
provisions of section 210(a) of the Energy Reorganization Act of
1974 to explicitly provide whistleblower protection for employees
who: 1) notifying the employer of an alleged violation rather
than a federal regulator; 2) opposing a practice that would be a
violation of the Atomic Energy Act; or 3) testifying before
Congress or any Federal or State agency regarding an alleged
violation of this Committee amendment or the Atomic Energy Act.
Subsection 2501(a)(5) adds a new paragraph (2) to Energy
Reorganization Act section 201(a) which defines the term
"employer" to include a Nuclear Regulatory Commission
("NRC") licensee, an applicant for a NRC license, a
contractor or subcontractor of a NRC licensee or of an applicant
for a NRC license, the Department of Energy, a contractor or
subcontractor at a Department of Energy nuclear facility, or any
other employer engaged in any activity under the Energy
Reorganization Act or the Atomic Energy Act of 1954.
Section 2501(b) amends section 210(b)(1) of the Energy
Reorganization Act to extend the statute of limitations for the
filing of written complaints with the Department of Labor from
thirty days to one year.
Section 2501(c) adds a new clause to section 210(b)(2)(A) of
the Energy Reorganization Act which provides that the Secretary
of Labor does not issue an order on a complaint within the 120
days prescribed, the complainant shall be entitled to de
novo review of the complaint in any United States District
Court.
Section 2501(d) adds a new paragraph (3) to section 210(b)
of the Energy Reorganization Act which provides that the
Secretary of Labor may determine that a violation of that Act has
occurred only if the reporting of the alleged violation was a
contributing factor. Relief may not be ordered if the employer
is able to demonstrate by clear and convincing evidence that the
employer would have taken the same unfavorable personnel action
against the employee in the absence of the "whistleblowing
activity."
Section 2510(e) adds a new subsection (h) to section 210 of
the Energy Reorganization Act. It waives preemption by providing
that complainants are not precluded from pursuing any other
available right or remedy; (1) contemporaneously with pursuit of
relief under this section; (2) subsequent to issuance of a final
order by the Secretary of labor; or (3) subsequent to judicial
review.
Section 2510(f) adds a new subsection (i) to section 210 of
the Energy Reorganization Act which provides that the rights and
requirements under this title must be prominently posted in the
workplace.
Section 2510(g)adds a new subsection (j) to section 210 of
the Energy Reorganization Act which provides that the Secretary
of Labor or, on appeal, the U.S. District Court have authority to
grant all appropriate relief, including injunctive relief and
compensatory and exemplary damages. It allows for additional
monetary damages for serious and repeated intimidation and
harassment of whistleblowers.
Section 2510(h)adds a new subsection (k) to section 210 of
the Energy Reorganization Act which provides that the Nuclear
Regulatory Commission may not delay any investigation of an
alleged violation on the basis of a whistleblower complaint being
filed or an investigation by the Secretary being initiated. A
determination by the Secretary that a violation has not occurred
shall not be considered by the Commission in its determination of
whether any violation of the Act or the Atomic Energy Act of 1954
has occurred.
Section 2501(i) redefines "Secretary" and corrects
a mistaken section designation in the Energy Reorganization Act.
Section 2501(j) provides that the amendments enacted by this
section will apply to claims filed under section 211(b)(1) of the
Energy Reorganization Act of 1974 on or after the date of
enactment.
(H.R. No. 101-474(VIII), reprinted in 1992 U.S. Code Cong. &
Admin. News 1953, 2383)
Title V -- Whistleblower Protection
Title V would amend the Energy Reorganization Act to expand
federal employee protection and the protection of private
employees at nuclear facilities. We estimate that these
provisions would not effect the federal budget.
