DATE: January 18, 2001

SUBJECT: Department of Energy; Whistleblower Protection

SOURCE: Federal Register, January 18, 2001, Vol. 66, No. 12, page 4639

AGENCIES: Department of Energy (DOE)

ACTION: Interim Final Rule

SYNOPSIS: DOE is amending its regulations to prescribe the security procedures that a DOE employee or DOE contractor employee engaged in defense activities must follow to make a protected disclosure of classified or other controlled information under the whistleblower protection provisions in Section 3164 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65).

EFFECTIVE DATE: February 20, 2001. Comments on this interim rule may be submitted by February 20, 2001.

ADDRESSES: Send three (3) copies of comments to U.S. Department of Energy, Docket No. SO-RM-00-3164, Attn: Richard Farman, Office of General Counsel, GC-74, 1000 Independence Avenue, SW, Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Cathy Tullis, Office of Security and Emergency Operations (SO-211), U.S. Department of Energy, 19901 Germantown Road, Germantown, MD 20874-1290, 301-903-4805.

SUPPLEMENTAL INFORMATION: DOE is amending Title 10 of the Code of Federal Regulations (CFR), Energy, to add Part 1044, Security Requirements for Protected Disclosures Under Section 3164 of the National Defense Authorization Act for Fiscal Year 2000. Section 3164 directs the Secretary of Energy to establish a program to insure that DOE employees or DOE contractor employees engaged in defense activities may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures. To qualify as a "protected disclosure" of classified or other controlled information, a covered employee must take appropriate steps to protect the security of the information in accordance with guidance provided by the DOE Inspector General, and reveal the information only to a person or entity specified in the statute (such as a member of Congressional committee having primary responsibility for oversight, the DOE Inspector General, or the Federal Bureau of Investigation).

New 10 CFR Part 1044 implements the provisions of Section 3164. It consists of the following sections:

      1044.01, What is the purpose of this part?
      1044.02, Who must follow the requirements contained in this part?
      1044.03, What definitions apply to this part?
      1044.04, What is a protected disclosure?
      1044.05, What is the effect of a disclosure qualifying as a "protected disclosure"?
      1044.06, Who may receive a protected disclosure?
      1044.07, How can you find out if a particular person is authorized to receive a protected disclosure?
      1044.08, Do you have to submit the documents for classification review before you give them to someone?
      1044.09, What do you do if you plan to disclose classified or unclassified controlled nuclear information orally rather than by providing copies of documents?
      1044.10, Will your identity be protected?
      1044.11, How do you protect the documents and information that you want to disclose?
      1044.12, What procedures can you invoke if you believe you have been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure?

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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