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42 U.S.C. § 5852 — Employee protection
Federal law — U.S. Code and appendices · legal_authorities
**(a) Discrimination against employee**
(1) No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)—
(A) notified his employer of an alleged violation of this chapter or the Atomic Energy Act of 1954 ([42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.);
(B) refused to engage in any practice made unlawful by this chapter 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 chapter or the Atomic Energy Act of 1954;
(D) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this chapter or the Atomic Energy Act of 1954, as amended, or a proceeding for the administration or enforcement of any requirement imposed under this chapter or the Atomic Energy Act of 1954, as amended;
(E) testified or is about to testify in any such proceeding or;
(F) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this chapter or the Atomic Energy Act of 1954, as amended.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edit
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Source file: Laws/federal/codes/united-states-code/title-42/section-5852-employee-protection--985407cceb.md
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Source location: Title 42, Chapter 73, § 5852; chapter-073-development-of-energy-sources.md
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**(a) Discrimination against employee**
(1) No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)—
(A) notified his employer of an alleged violation of this chapter or the Atomic Energy Act of 1954 ([42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.);
(B) refused to engage in any practice made unlawful by this chapter 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 chapter or the Atomic Energy Act of 1954;
(D) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this chapter or the Atomic Energy Act of 1954, as amended, or a proceeding for the administration or enforcement of any requirement imposed under this chapter or the Atomic Energy Act of 1954, as amended;
(E) testified or is about to testify in any such proceeding or;
(F) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this chapter or the Atomic Energy Act of 1954, as amended.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim));
(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;
(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210/d&num=0&edition=prelim)), but such term shall not include any contractor or subcontractor covered by Executive Order No. 12344;
(E) a contractor or subcontractor of the Commission;
(F) the Commission; and
(G) the Department of Energy.
**(b) Complaint, filing and notification**
(1) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, within 180 days after such violation occurs, file (or have any person file on his behalf) a complaint with the Secretary of Labor (in this section referred to as the “Secretary”) alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint, the Commission, and the Department of Energy.
(2)
(A) Upon receipt of a complaint filed under paragraph (1), the Secretary shall conduct an investigation of the violation alleged in the complaint. Within thirty days of the receipt of such complaint, the Secretary shall complete such investigation and shall notify in writing the complainant (and any person acting in his behalf) and the person alleged to have committed such violation of the results of the investigation conducted pursuant to this subparagraph. Within ninety days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the person alleged to have committed such violation, issue an order either providing the relief prescribed by subparagraph (B) or denying the complaint. An order of the Secretary shall be made on the record after notice and opportunity for public hearing. 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. The Secretary may not enter into a settlement terminating a proceeding on a complaint without the participation and consent of the complainant.
(B) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation to (i) take affirmative action to abate the violation, and (ii) reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, and the Secretary may order such person to provide compensatory damages to the complainant. If an order is issued under this paragraph, the Secretary, at the request of the complainant shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.
(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, that 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.
(4) If the Secretary has not issued a final decision within 1 year after the filing of a complaint under paragraph (1), and there is no showing that such delay is due to the bad faith of the person seeking relief under this paragraph, such person may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.
**(c) Review**
(1) Any person adversely affected or aggrieved by an order issued under subsection (b) may obtain review of the order in the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuance of the Secretary’s order. Review shall conform to chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the Secretary’s order.
(2) An order of the Secretary with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in any criminal or other civil proceeding.
**(d) Jurisdiction** Whenever a person has failed to comply with an order issued under subsection (b)(2), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this subsection, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages.
**(e) Commencement of action**
(1) Any person on whose behalf an order was issued under paragraph (2) of subsection (b) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.
(2) The court, in issuing any final order under this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate.
**(f) Enforcement** Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under [section 1361 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1361&num=0&edition=prelim).
**(g) Deliberate violations** Subsection (a) shall not apply with respect to any employee who, acting without direction from his or her employer (or the employer’s agent), deliberately causes a violation of any requirement of this chapter or of the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.].
**(h) Nonpreemption** 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.
**(i) Posting requirement** The provisions of this section shall be prominently posted in any place of employment to which this section applies.
**(j) Investigation of allegations**
(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) of this section 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.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6102
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Federal law — U.S. Code and appendices · legal_authorities
No person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any subchapter of this chapter. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General requirements; applicability to appropriations** All appropriations made to the Energy Research and Development Administration or the Administrator shall, except as otherwise provided by law, be subject to annual authorization in accordance with [section 2017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2017&num=0&edition=prelim), [section 5915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5915&num=0&edition=prelim), and [section 5875 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5875&num=0&edition=prelim). The provisions of this section shall apply with respect to appropriations made pursuant to the Act providing such authorization (hereinafter in this section referred to as “annual authorization Acts”).
**(b) Requirements and limitations respecting funds appropriated for operating expenses**
(1) Funds appropriated pursuant to an annual authorization Act for “Operating expenses” may be used for—
(A) the construction or acquisition of any facilities, or major items of equipment, which may be required at locations other than installations of the Administration, for the performance of research, development, and demonstration activities, and
(B) grants to any organization for purchase or construction of research facilities.
No such funds shall be used under this subsection for the acquisition of land. Fee title to all such facilities and items of equipment shall be vested in the United States, unless the Administrator or his designee determines in writing that the research, development, and demonstration authorized by such Act would best be implemented by permitting fee title or any other property interest to be vest
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5841
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Federal law — U.S. Code and appendices · legal_authorities
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** It is the purpose of this section—
(1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this chapter of the States and the Commission with respect to the regulation of byproduct, source, and special nuclear materials;
(2) to recognize the need, and establish programs for, cooperation between the States and the Commission with respect to control of radiation hazards associated with use of such materials;
(3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and regulation of byproduct, source, and special nuclear materials;
(4) to establish procedures and criteria for discontinuance of certain of the Commission’s regulatory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States;
(5) to provide for coordination of the development of radiation standards for the guidance of Federal agencies and cooperation with the States; and
(6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable.
**(b) Agreements with States** Except as provided in subsection (c), the Commission is authorized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission under subchapters V, VI, and VII of this division, and [section 2201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2201&num=0&edition=prelim), with respect to any one or more of the following materials within the State:
(1) Byproduct materials (as defined in [section 2014(e) of this title
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021
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Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
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Federal law — U.S. Code and appendices · legal_authorities
Page 5360
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2011
Sec.
2297f–2.
Regulation of Restricted Data.
SUBCHAPTER VII—DECONTAMINATION AND
DECOMMISSIONING
2297g.
Uranium Enrichment Decontamination
and Decommissioning Fund.
2297g–1.
Deposits.
2297g–2.
Department facilities.
2297g–3.
Employee provisions.
2297g–4.
Reports to Congress.
SUBCHAPTER VIII—UNITED STATES ENRICHMENT
CORPORATION PRIVATIZATION
2297h.
Definitions.
2297h–1.
Sale of Corporation.
2297h–2.
Method of sale.
2297h–3.
Establishment of private corporation.
2297h–4.
Transfers to private corporation.
2297h–5.
Leasing of gaseous diffusion facilities.
2297h–6.
Transfer of contracts.
2297h–7.
Liabilities.
2297h–8.
Employee protections.
2297h–9.
Ownership limitations.
2297h–10.
Uranium transfers and sales.
2297h–10a.
Incentives for additional downblending
of highly enriched uranium by the Rus-
sian Federation.
2297h–10b.
Secretarial
determinations;
congres-
sional notification.
2297h–11.
Low-level waste.
2297h–12.
AVLIS.
2297h–13.
Application of certain laws.
Editorial Notes
CODIFICATION
The Atomic Energy Act of 1954, which is classified
principally to this chapter, is act Aug. 1, 1946, ch. 724.
It was originally enacted as the Atomic Energy Act of
1946, act Aug. 1, 1946, ch. 724, 60 Stat. 755, which con-
sisted of sections 1 to 21 and was classified generally to
chapter 14 (§ 1801 et seq.) of this title. The Atomic En-
ergy Act of 1946 was renamed the Atomic Energy Act of
1954 and amended generally by act Aug. 30, 1954, ch.
1073, § 1, 68 Stat. 919, and was subsequently transferred
to this chapter. Sections that were enacted as part of
the 1954 general amendment are shown herein as having
been added to act Aug. 1, 1946, and not as amending it,
due to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2011
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2011. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5371
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2021
1 So in original. Probably should not be capitalized.
the Atomic Energy Act of 1954, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
The Federal Power Act, referred to in text, is act
June 10, 1920, ch. 285, 41 Stat. 1063, which is classified
generally to chapter 12 (§ 791a et seq.) of Title 16, Con-
servation. For complete classification of this Act to
the Code, see section 791a of Title 16 and Tables.
§ 2020. Licensing of Government agencies
Nothing in this chapter shall preclude any
Government agency now or hereafter authorized
by law to engage in the production, marketing,
or distribution of electric energy from obtaining
a license under section 2133 of this title, if quali-
fied under the provisions of said section, for the
construction and operation of production or uti-
lization facilities for the primary purpose of pro-
ducing electric energy for disposition for ulti-
mate public consumption.
(Aug. 1, 1946, ch. 724, title I, § 273, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added
by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as
the Atomic Energy Act of 1954, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
§ 2021. Cooperation with States
(a) Purpose
It is the purpose of this
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2021
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of financial protection for licensees** Each license issued under section 2133 or 2134 of this title and each construction permit issued under [section 2235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235&num=0&edition=prelim) shall, and each license issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in [section 2012(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2012/i&num=0&edition=prelim), have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regulatory Commission (in this section referred to as the “Commission”) in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law.
**(b) Amount and type of financial protection for licensees**
(1) The amount of primary financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (A) the cost and terms of private insurance, (B) the type, size, and location of the licensed activity and ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2210
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Federal law — U.S. Code and appendices · legal_authorities
Page 5496
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2209
guided by the policy of not making payments in
excess of the taxes which would have been pay-
able for such property in the condition in which
it was acquired, except in cases where special
burdens have been cast upon the State or local
government by activities of the Commission, the
Manhattan Engineer District or their agents. In
any such case, any benefit accruing to the State
or local government by reason of such activities
shall be considered in determining the amount
of the payment.
(Aug. 1, 1946, ch. 724, title I, § 168, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1809(b) of this title, prior to the general amend-
ment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
§ 2209. Subsidies
No funds of the Commission shall be employed
in the construction or operation of facilities li-
censed under section 2133 or 2134 of this title ex-
cept under contract or other arrangement en-
tered into pursuant to section 2051 of this title.
(Aug. 1, 1946, ch. 724, title I, § 169, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
§ 2210. Indemnification and limitation of liability
(a) Requirement of financial protection for li-
censees
Each license issued under section 2133 or 2134
of this title and each construction permit issued
under section 2235 of this title shall, and each li-
cense issued under section 2073, 2093, or 2111 of
this title may, for the public purposes cited in
section 2012(i) of thi
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2210
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