[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)]
[Proposed Rules]
[Page 55230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27418]


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DEPARTMENT OF ENERGY

10 CFR Part 708


Contractor Employee Protection Program

AGENCY: Department of Energy.

ACTION: Notice of inquiry.

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SUMMARY: The Department of Energy's contractor employee protection 
program provides recourse to DOE contractor employees who believe that 
they have been retaliated against for such activities as disclosing 
information regarding mismanagement of environmental, safety, health, 
and other matters, for participating in Congressional proceedings, or 
for refusing to engage in illegal or dangerous activities. Under this 
program, the Department has been investigating and adjudicating cases 
for the past four and one half years. As part of Secretary Hazel R. 
O'Leary's policy of ``zero tolerance for reprisal'' against employees 
who raise workplace concerns, the DOE invites members of the public, 
particularly those persons with experience under this process (e.g., 
claimants, contractors, attorneys), to recommend any regulatory changes 
that might help to streamline the process and make it more responsive 
to the needs of both claimants and contractors.

DATES: Comments are due on December 24, 1996.

ADDRESSES: Comments (5 copies) may be submitted to: William A. Lewis, 
Jr., Director, Office of Employee Concerns, Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585, Att: Contractor 
Employee Protection NOI.

FOR FURTHER INFORMATION CONTACT: Jeffrey C. Crater, Office of the Under 
Secretary, Department of Energy, 1000 Independence Avenue, SW, 
Washington, DC 20585, 202-586-6479.

SUPPLEMENTARY INFORMATION: Pursuant to the Atomic Energy Act of 1954 
(Act) [42 U.S.C. 2011 et seq.] and the Department of Energy 
Organization Act, the Department of Energy (Department) carries out 
numerous programs, including research, development, production, and 
environmental cleanup. These programs are carried out by contractors 
under the supervision of the Department at various Department-owned 
and/or operated facilities around the United States.
    As part of a comprehensive set of health and safety policies, the 
Department has promulgated a regulation on contractor employee 
protection, which is codified at 10 CFR part 708. This regulation, 
promulgated in 1992, 57 FR 7541 (March 3, 1992), provides a remedy for 
a contractor employee who has been discriminated against as a result of 
having disclosed information about waste, fraud, abuse, or 
mismanagement of health, safety, or environmental related matters, or 
about violations of law or regulation, for participating in 
Congressional proceedings, or for having in good faith refused to 
engage in illegal or dangerous activities. Since its inception, the 
Department has received comments and suggestions on how to improve the 
contractor employee protection program. In November 1995, the Office of 
Contractor Employee Protection was transferred to the Office of 
Inspector General. In response to congressional directive, the Office 
of Contractor Employee Protection was disestablished through a 
reorganization effective October 1, 1996. The Office of Inspector 
General will continue to investigate allegations of retaliation against 
contractor employees covered by Part 708.
    Accordingly, the Department plans to amend part 708 to enhance its 
effectiveness and to address the reorganization of the contractor 
employee protection program. Although the Department has consulted with 
various stakeholders about this subject, the Department hereby invites 
public input from any interested person who thinks that part 708 should 
be revised and has suggestions for particular amendments. It will be 
followed eventually by a notice of proposed rulemaking that will give 
interested members of the public an opportunity to comment on the 
Department's formal proposal to amend part 708.

    Issued in Washington, D.C., on October 11, 1996.
William A. Lewis, Jr.,
Director, Office of Employee Concerns.
[FR Doc. 96-27418 Filed 10-24-96; 8:45 am]
BILLING CODE 6450-01-P