DATE: May 10, 2001

SUBJECT: Department of Energy (DOE); Whistleblower Protection

SOURCE: Federal Register, May 10, 2001, Vol. 66, No. 91, page 23833

AGENCIES: Department of Energy (DOE)

ACTION: Interim Final Rule

SYNOPSIS: To comply with President Bush's memorandum directing the temporary 60 day delay in the implementation of regulations that had not gone into effect by January 20, 2001, DOE delayed the effective date of its regulation establishing protections for whistleblowers when they make a protected disclosure of classified or other controlled information from February 20, 2001, to April 23, 2001. DOE has completed its review of that regulation and it will not modify its provisions. Therefore, the rule goes into effect, as published, on April 23, 2001.

EDITOR'S NOTE: For more on President's memorandum, see the January 24, 2001, FEDERAL CONTRACTS DISPATCH "Executive Office of the President; Delay in Regulatory Implementation."

For more on the announcement of the 60 day delay in the effective date of the whistleblower protection regulation, see the February 2, 2001, FEDERAL CONTRACTS DISPATCH "Department of Energy; Delay of Effective Dates of Regulations."

For more on the whistleblower protection regulation, see the January 18, 2001, FEDERAL CONTRACTS DISPATCH "Department of Energy; Whistleblower Protection."

EFFECTIVE DATE: The final rule takes effect April 23, 2001.

FOR FURTHER INFORMATION CONTACT: Geralyn Praskievcz, Office of Security and Emergency Operations, 202-586-4451, geralyn.praskievcz@hq.doe.gov.

SUPPLEMENTAL INFORMATION: On January 20, 2000, the day President Bush was inaugurated, the Executive Office of the President issued a memorandum to the heads of all federal agencies directing them to withdraw all rules and regulations that had been sent to the Federal Register but not published, and to postpone for 60 days the effective date of all rules and regulations that have been published in the Federal Register but have not taken effect.

The whistleblower protection regulation, which was to add to Title 10 of the Code of Federal Regulations (CFR) Part 1044, Security Requirements for Protected Disclosures Under Section 3164 of the National Defense Authorization Act for Fiscal Year 2000, had been published January 18, 2001, with an effective date of February 20, 2001. In compliance with the memorandum, DOE delayed the regulation's effective date for 60 days, until April 23, 2001. Today, DOE is announcing that it "has now completed its review of that regulation and does not intend to initiate any further rulemaking action to modify its provisions and confirms the effective date of April 23, 2001." However, DOE states that "based on a written comment received on the interim final rule, DOE may make minor, non-substantive changes to the rule. DOE will announce any such changes in the notice of final rulemaking that will be published in the Federal Register."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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