S.Amdt. 1428

SA 1428. Mr. GRASSLEY (for himself and Mr. Markey) submitted an
amendment intended to be proposed to amendment SA 1407 submitted by Ms.
Murkowski and intended to be proposed to the bill S. 2657, to support
innovation in advanced geothermal research and development, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of part I of subtitle B of title II, add the
following:

SEC. 220__. WHISTLEBLOWER PROTECTION FOR EMPLOYEES
RESPONSIBLE FOR ENSURING THE RELIABILITY,
RESILIENCE, AND SECURITY OF THE ELECTRIC GRID.

Section 215A of the Federal Power Act (16 U.S.C. 824o-1) is
amended by adding at the end the following:
``(g) Whistleblower Protection.--
``(1) Definitions.--In this subsection:
``(A) Electric reliability organization; regional entity;
reliability standard.--The terms `Electric Reliability
Organization', `regional entity', and `reliability standard'
have the meanings given the terms in section 215(a).
``(B) Electric grid.--The term `electric grid' means--
``(i) all aspects of the generation, transmission, and
distribution of electricity, whether interstate or
intrastate; and
``(ii) the supply chain of equipment and software used in
the generation, transmission, and distribution of
electricity.
``(C) Employee.--The term `employee' means an individual
who is an employee, former employee, contractor,
subcontractor, grantee, or agent of an employer.
``(D) Employer.--
``(i) In general.--The term `employer' means an individual
or entity in the public or private sector, including any
Federal, State, or local government agency, that employs or
retains the services of an individual who has access to--

``(I) critical electric infrastructure information or other
information relating to critical electric infrastructure; or
``(II) other information relating to the reliability,
resilience, or security of the electric grid.

``(ii) Inclusions.--The term `employer' includes an
officer, employee, contractor, subcontractor, grantee, or
agent of an individual or entity described in clause (i).
``(2) Whistleblower protection for employees.--No employer
may discharge, demote, suspend, threaten, blacklist, breach
confidentiality, harass, or in any other manner discriminate
against an employee with regard to the compensation, terms,
conditions, or privileges of employment (including through an
act in the ordinary course of the duties of the employee)
because the employee or an individual associated with, or
acting pursuant to a request of, the employee--
``(A) provided or caused to be provided information that
the employee or individual associated with, or acting
pursuant to the request of, the employee reasonably believed
to evidence a violation of any provision of Federal or State
law (including regulations) relating to fire safety or the
protection or security of electric infrastructure (including
critical electric infrastructure), critical electric
infrastructure information, or other information relating to
the reliability, resilience, or security of the electric
grid, including a reliability standard, such as a Critical
Infrastructure Protection standard, if that information is
provided to--
``(i) the Commission;
``(ii) the Electric Reliability Organization;
``(iii) a regional entity;
``(iv) a Regional Transmission Organization;
``(v) an Independent System Operator;
``(vi) the Secretary;
``(vii) the Secretary of Homeland Security;
``(viii) the Attorney General;
``(ix) Congress;
``(x) a State regulatory authority or State inspector
general;
``(xi) an individual with supervisory authority over the
employee, including in communications that are part of the
job duties of the employee; or
``(xii) any other individual working for the employer who
the employee or associated or requested individual reasonably
believes has the authority--

``(I) to investigate, discover, or terminate the
misconduct; or
``(II) to take any other action to address the misconduct;

``(B) assisted in an investigation regarding the violation
of any provision of Federal or State law described in
subparagraph (A) if that assistance is provided to an
individual or entity described in clauses (i) through (xii)
of that subparagraph;
``(C) has filed or caused to be filed, or plans imminently
(with the knowledge of the employer) to file or cause to be
filed, a proceeding relating to any violation or alleged

[[Page S1414]]

violation of any provision of Federal or State law (including
regulations) described in subparagraph (A); or
``(D) testified, participated, or otherwise assisted in an
administrative or judicial action taken by the Commission, an
Electric Reliability Organization, a regional entity, a State
regulatory authority, or a State inspector general relating
to an alleged violation of any provision of Federal or State
law (including rules and regulations) relating to the
protection, security, reliability, or resilience of electric
infrastructure (including critical electric infrastructure),
critical electric infrastructure information, or other
information relating to the reliability, resilience, or
security of the electric grid, including a reliability
standard, such as a Critical Infrastructure Protection
standard.
``(3) Enforcement actions.--
``(A) In general.--An individual who alleges discharge or
another violation of paragraph (2) by any person may seek
relief by filing a complaint with the Secretary of Labor by
not later than 180 days after the date on which the alleged
violation occurs.
``(B) Procedures.--An action under subparagraph (A) shall
be governed under the rules and procedures described in
section 42121(b) of title 49, United States Code, except
that--
``(i) the notification required under paragraph (1) of that
section shall be made to the person named in the complaint
and to the employer; and
``(ii) with respect to the legal burdens of proof described
in that section--

``(I) each reference to `behavior described in paragraphs
(1) through (4) of subsection (a)' contained in paragraph
(2)(B) of that section shall be considered to be a reference
to behavior described in subparagraphs (A) through (D) of
paragraph (2) of this subsection; and
``(II) any reference to a `violation of subsection (a)'
contained in that section shall be considered to be a
reference to a violation of paragraph (2) of this section.

``(C) Action by secretary.--
``(i) Deadline.--The Secretary of Labor shall act on a
complaint filed under subparagraph (A) by the date that is
180 days after the date on which the complaint is filed.
``(ii) Failure to act.--If the Secretary of Labor fails to
act on a complaint filed by an individual who alleges
discharge or another violation of paragraph (2), absent a
sufficient demonstration that the failure to act is due to
the bad faith of the individual, the individual who alleged
the violation may file an action at law or equity for de novo
review in a Federal district court of competent jurisdiction,
in accordance with subparagraph (D).
``(D) Actions for de novo review.--
``(i) Jurisdiction.--The jurisdiction of a Federal district
court over an action filed under subparagraph (C)(ii) shall
be determined without regard to the amount in controversy.
``(ii) Procedure.--

``(I) In general.--An action under this subparagraph shall
be governed under the rules and procedures described in
section 42121(b) of title 49, United States Code, except that
the notification required under paragraph (1) of that section
shall be made to--

``(aa) the person named in the complaint; and
``(bb) the employer.

``(II) Burdens of proof.--An action under this subparagraph
shall be governed by the legal burdens of proof described in
section 42121(b) of title 49, United States Code, except
that--

``(aa) each reference to `behavior described in paragraphs
(1) through (4) of subsection (a)' contained in paragraph
(2)(B) of that section shall be considered to be a reference
to behavior described in subparagraphs (A) through (D) of
paragraph (2) of this subsection; and
``(bb) any reference to a `violation of subsection (a)'
contained in that section shall be considered to be a
reference to a violation of paragraph (2) of this section.
``(iii) Statute of limitations.--An action under this
subparagraph shall be commenced by not later than 180 days
after the date on which--

``(I) the alleged violation occurs; or
``(II) the applicable employee became aware of the
violation.

``(iv) Jury trial.--A party to an action under this
subparagraph shall be entitled to trial by jury.
``(4) Nonenforceability of certain provisions waiving
rights and remedies or requiring arbitration of disputes.--
``(A) Waiver of rights and remedies.--The rights and
remedies provided under this subsection may not be waived by
any agreement, policy, form, or condition of employment,
including by a predispute arbitration agreement.
``(B) Predispute arbitration agreements.--No predispute
arbitration agreement shall be valid or enforceable if the
agreement requires arbitration of a dispute arising under
this subsection.''.
______