NRC Appropriations Act for Fiscal 1979

Signed into law by Jimmy Carter
November 06, 1978

This law provided funding for the Nuclear Regulatory Commission. It also contained whistleblower protections for employees of the organizations licensed by the NRC, as well as contractors and subcontractors who made various reports about safety concerns in the nuclear energy industry.

Enforcement & Remedies

Claims of retaliation are enforced by the Occupational Safety and Health Administration (OSHA). Complaints must be filed within 180 days of the retaliatory action. OSHA will investigate the claim and may order preliminary relief such as job reinstatement.

Either party can appeal the OSHA outcome by requesting a hearing before a DOL Administrative Law Judge (ALJ). Either party can appeal an ALJ’s decision to the DOL’s Administrative Review Board (ARB). An ARB decision can be appealed to federal court.

A prevailing employee is entitled to “make whole” relief. Remedies may include: (1) reinstatement; (2) back pay; (3) compensatory damages; and (4) attorney fees and litigation costs, including expert witness fees.

Notable sponsors: Gary W. Hart