
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7239]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                      Part B--Personnel Provisions
 
Sec. 7239. Whistleblower protection program


(a) Program required

    The Secretary of Energy shall establish a program to ensure that 
covered individuals may not be discharged, demoted, or otherwise 
discriminated against as a reprisal for making protected disclosures.

(b) Covered individuals

    For purposes of this section, a covered individual is an individual 
who is an employee of the Department of Energy, or of a contractor of 
the Department, who is engaged in the defense activities of the 
Department.

(c) Protected disclosures

    For purposes of this section, a protected disclosure is a 
disclosure--
        (1) made by a covered individual who takes appropriate steps to 
    protect the security of the information in accordance with guidance 
    provided under this section;
        (2) made to a person or entity specified in subsection (d) of 
    this section; and
        (3) of classified or other information that the covered 
    individual reasonably believes to provide direct and specific 
    evidence of any of the following:
            (A) A violation of law or Federal regulation.
            (B) Gross mismanagement, a gross waste of funds, or abuse of 
        authority.
            (C) A false statement to Congress on an issue of material 
        fact.

(d) Persons and entities to which disclosures may be made

    A person or entity specified in this subsection is any of the 
following:
        (1) A member of a committee of Congress having primary 
    responsibility for oversight of the department, agency, or element 
    of the Government to which the disclosed information relates.
        (2) An employee of Congress who is a staff member of such a 
    committee and has an appropriate security clearance for access to 
    information of the type disclosed.
        (3) The Inspector General of the Department of Energy.
        (4) The Federal Bureau of Investigation.
        (5) Any other element of the Government designated by the 
    Secretary as authorized to receive information of the type 
    disclosed.

(e) Official capacity of persons to whom information is disclosed

    A member of, or an employee of Congress who is a staff member of, a 
committee of Congress specified in subsection (d) of this section who 
receives a protected disclosure under this section does so in that 
member or employee's official capacity as such a member or employee.

(f) Assistance and guidance

    The Secretary, acting through the Inspector General of the 
Department of Energy, shall provide assistance and guidance to each 
covered individual who seeks to make a protected disclosure under this 
section. Such assistance and guidance shall include the following:
        (1) Identifying the persons or entities under subsection (d) of 
    this section to which that disclosure may be made.
        (2) Advising that individual regarding the steps to be taken to 
    protect the security of the information to be disclosed.
        (3) Taking appropriate actions to protect the identity of that 
    individual throughout that disclosure.
        (4) Taking appropriate actions to coordinate that disclosure 
    with any other Federal agency or agencies that originated the 
    information.

(g) Regulations

    The Secretary shall prescribe regulations to ensure the security of 
any information disclosed under this section.

(h) Notification to covered individuals

    The Secretary shall notify each covered individual of the following:
        (1) The rights of that individual under this section.
        (2) The assistance and guidance provided under this section.
        (3) That the individual has a responsibility to obtain that 
    assistance and guidance before seeking to make a protected 
    disclosure.

(i) Complaint by covered individuals

    If a covered individual believes that that individual has been 
discharged, demoted, or otherwise discriminated against as a reprisal 
for making a protected disclosure under this section, the individual may 
submit a complaint relating to such matter to the Director of the Office 
of Hearings and Appeals of the Department of Energy.

(j) Investigation by Office of Hearings and Appeals

    (1) For each complaint submitted under subsection (i) of this 
section, the Director of the Office of Hearings and Appeals shall--
        (A) determine whether or not the complaint is frivolous; and
        (B) if the Director determines the complaint is not frivolous, 
    conduct an investigation of the complaint.

    (2) The Director shall submit a report on each investigation 
undertaken under paragraph (1)(B) to--
        (A) the individual who submitted the complaint on which the 
    investigation is based;
        (B) the contractor concerned, if any; and
        (C) the Secretary of Energy.

(k) Remedial action

    (1) Whenever the Secretary determines that a covered individual has 
been discharged, demoted, or otherwise discriminated against as a 
reprisal for making a protected disclosure under this section, the 
Secretary shall--
        (A) in the case of a Department employee, take appropriate 
    actions to abate the action; or
        (B) in the case of a contractor employee, order the contractor 
    concerned to take appropriate actions to abate the action.

    (2)(A) If a contractor fails to comply with an order issued under 
paragraph (1)(B), the Secretary may file an action for enforcement of 
the order in the appropriate United States district court.
    (B) In any action brought under subparagraph (A), the court may 
grant appropriate relief, including injunctive relief and compensatory 
and exemplary damages.

(l) Relationship to other laws

    The protections provided by this section are independent of, and not 
subject to any limitations that may be provided in, the Whistleblower 
Protection Act of 1989 (Public Law 101-512) \1\ or any other law that 
may provide protection for disclosures of information by employees of 
the Department of Energy or of a contractor of the Department.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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(m) Annual report

    (1) Not later than 30 days after the commencement of each fiscal 
year, the Director shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives a report on the investigations undertaken under 
subsection (j)(1)(B) of this section during the preceding fiscal year, 
including a summary of the results of each such investigation.
    (2) A report under paragraph (1) may not identify or otherwise 
provide any information about an individual submitting a complaint under 
this section without the consent of the individual.

(n) Implementation report

    Not later than 60 days after October 5, 1999, the Secretary shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a report 
describing the implementation of the program required by this section.

(Pub. L. 106-65, div. C, title XXXI, Sec. 3164, Oct. 5, 1999, 113 Stat. 
946.)

                       References in Text

    The Whistleblower Protection Act of 1989, referred to in subsec. 
(l), is Pub. L. 101-12, Apr. 10, 1989, 103 Stat. 16, as amended, which 
enacted subchapters II (Sec. 1211 et seq.) and III (Sec. 1221 et seq.) 
of chapter 12 and section 3352 of Title 5, Government Organization and 
Employees, amended sections 1201 to 1206, 1209, 1211, 2302, 2303, 3393, 
7502, 7512, 7521, 7542, 7701, and 7703 of Title 5 and section 4139 of 
Title 22, Foreign Relations and Intercourse, repealed sections 1207 and 
1208 of Title 5, and enacted provisions set out as notes under sections 
1201, 1211, and 5509 of Title 5. For complete classification of this Act 
to the Code, see Short Title of 1989 Amendment note set out under 
section 1201 of Title 5 and Tables.

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 2000, and not as part of the Department of Energy 
Organization Act which comprises this chapter.
