EMPLOYEE PROTECTION FOR NUCLEAR WHISTLEBLOWERS.

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)(1)) 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 final 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, 106 STAT. 3124that it would have taken the same unfavorable personnel action in the absence of such behavior. “(C) The 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.”. (f) Posting Requirement.— 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: “(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 Allegations.— 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) (1) 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 210(b)(1) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(b)(1)) 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. 106 STAT. 3125 (i) Applicability.— The amendments made by this section shall apply to claims filed under section 211(b)(1) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(b)(1)) on or after the date of the enactment of this Act.