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.
Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28.
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 [et seq.].
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.
The provisions of this section shall be prominently posted in any place of employment to which this section applies.
42 U.S.C. § 5851
REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (g), was in the original "this Act", meaning Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under sectionof this title and Tables.The Atomic Energy Act of 1954, referred to in subsecs. (a)(1) and (g), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, which is classified principally to chapter 23 (§2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification on this Act to the Code, see Short Title note set out under section of Title 42 and Tables.Executive Order No. 12344, referred to in subsec. (a)(2)(D), is Ex. Ord. No. 12344, Feb. 1, 1982, 47 F.R. 4979, which is set out as a note under section of Title 50, War and National Defense.
AMENDMENTS2005-Subsec. (a)(2)(E) to (G). Pub. L. 109-58, §629(a), added subpars. (E) to (G).Subsec. (b)(4). Pub. L. 109-58, §629(b), added par. (4). 1992-Subsec. (a). Pub. L. 102-486, §2902(a), designated existing provisions as par. (1) and struck out ", including a Commission licensee, an applicant for a Commission license, or a contractor or a subcontractor of a Commission licensee or applicant," after "No employer", added subpars. (A) to (C), redesignated former pars. (1) to (3) as subpars. (D) to (F), respectively, and added par. (2).Subsec. (b)(1). Pub. L. 102-486, §2902(b), (h) (2), substituted "180" for "thirty", "(in this section referred to as the 'Secretary')" for "(hereinafter in this subsection referred to as the 'Secretary')", and ", the Commission, and the Department of Energy" for "and the Commission".Subsec. (b)(2)(A). Pub. L. 102-486, §2902(c), inserted before last sentence "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." Subsec. (b)(3). Pub. L. 102-486, §2902(d), added par. (3).Subsecs. (h) to (j). Pub. L. 102-486, §2902(e)-(g), added subsecs. (h) to (j).
EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-486, title XXIX, §2902(i), Oct. 24, 1992, 106 Stat. 3125, provided that: "The amendments made by this section [amending 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 [Oct. 24, 1992]."
TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under sectionof this title.
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.