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2146. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER FEDERAL EMPLOYEE PROTECTION STATUTES Priority: Info./Admin./Other. Major status under 5 USC 801 is undetermined. Legal Authority: 42 USC 300j-9(i); 33 USC 1367; 15 USC 2622; 42 USC 6971; 42 USC 7622; 42 USC 9610; 42 USC 5851; . . . CFR Citation: 29 CFR 24 Legal Deadline: None Abstract: Section 629, the employee protection provision of the Energy Policy Act of 2005 amended the Energy Reorganization Act of 1978, 42 U.S.C. section 5851. The amendments add Department of Energy and Nuclear Regulatory Commission employees to the employees covered under the Act, as are contractors and subcontractors of the Commission. In addition, Congress added a ‘‘kick-out'' provision allowing the complainant to remove the complaint to District Court if the Secretary of Labor has not issued a final decision within a year of the filing of the complaint. These are significant changes to the ERA, necessitating immediate revision of the regulations, 29 CFR part 24, Procedures for the Handling of Discrimination Complaints under Federal Employee Protection Statutes, which governs whistleblower investigations under the Energy Reorganization Act of 1978 as well as under the six EPA statutes. Timetable:
Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Nilgun Tolek, Director, Office of Investigative Assistance, Department of Labor, Occupational Safety and Health Administration, N3610, 200 Constitution Avenue NW., FPB, Washington, DC 20210 Phone: 202 693–2531 Fax: 202 693–2369 RIN: 1218-AC25 | ||||||||||||
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