15 U.S.C. § 2086 — Prohibition on industry-sponsored travel

Page 1771 TITLE 15—COMMERCE AND TRADE § 2087 1 So in original. The comma probably should not appear. an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while rid- den by an operator who weighs 170 pounds, is less than 20 mph. (c) Promulgation of requirements To further protect the safety of consumers who ride low-speed electric bicycles, the Com- mission may promulgate new or amended re- quirements applicable to such vehicles as nec- essary and appropriate. (d) Preemption This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or re- quirement is more stringent than the Federal law or requirements referred to in subsection (a). (Pub. L. 92–573, § 38, as added Pub. L. 107–319, § 1, Dec. 4, 2002, 116 Stat. 2776.) Editorial Notes REFERENCES IN TEXT Section 2052(a)(1) of this title, referred to in subsec. (a), was redesignated section 2052(a)(5) of this title by Pub. L. 110–314, title II, § 235(b)(4), Aug. 14, 2008, 122 Stat. 3074. § 2086. Prohibition on industry-sponsored travel Notwithstanding section 1353 of title 31 and section 2076(b)(6) of this title, no Commissioner or employee of the Commission shall accept travel, subsistence, or related expenses with re- spect to attendance by a Commissioner or em- ployee at any meeting or similar function relat- ing to official duties of a Commissioner or an employee, from a person— (1) seeking official action from, doing busi- ness with, or conducting activities regulated by, the Commission; or (2) whose interests may be substantially af- fected by the performance or nonperformance of the Commissioner’s or employee’s official duties. (Pub. L. 92–573, § 39, as added Pub. L. 110–314, title II, § 206(a), Aug. 14, 2008, 122 Stat. 3044.) § 2087. Whistleblower protection (a) No manufacturer, private labeler, dis- tributor, or retailer,1 may discharge an em- ployee or otherwise discriminate against an em- ployee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee’s initia- tive or in the ordinary course of the employee’s duties (or any person acting pursuant to a re- quest of the employee)— (1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the at- torney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of this chapter or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts; (2) testified or is about to testify in a pro- ceeding concerning such violation; (3) assisted or participated or is about to as- sist or participate in such a proceeding; or (4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) rea- sonably believed to be in violation of any pro- vision of this chapter or any other Act en- forced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts. (b)(1) A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such dis- charge or discrimination and identifying the person responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such per- son under paragraph (2). (2)(A) Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the complainant and the per- son named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary’s findings. If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Sec- retary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the com- plainant may file objections to the findings or preliminary order, or both, and request a hear- ing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. (B)(i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under sub- paragraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. (ii) Notwithstanding a finding by the Sec- retary that the complainant has made the show-