[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Proposed Rules]
[Pages 82972-82973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33312]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 94
RIN 0905-AE71


Public Health Service Standards for the Protection of Research 
Misconduct Whistleblowers; Correction

AGENCY: Department of Health and Human Services (HHS).

ACTION:  Notice of proposed rulemaking; technical correction.

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SUMMARY: The Department of Health and Human Services published in the 
Federal Register of November 28, 2000, a notice of proposed rulemaking 
to establish regulations that covered institutions must follow for 
preventing or otherwise responding to occurrences of retalitation 
against whistleblowers. (65 FR 70830) This document corrects the 
Preamble of the notice of proposed rulemaking to update changed 
Internet website addresses and to add several inadvertently omitted 
explanatory sentences.

FOR FURTHER INFORMATION CONTACT: Barbara Bullman, 301-443-5300 (This is 
not a toll-free number).

SUPPLEMENTARY INFORMATION:

Preamble Supplementary Information [Corrected]

    On Page 70830, in the third column at the top of the page, correct 
the web page cite to read ``http://ori/hhs.gov.''

[[Page 82973]]

    On page 70830, in the third column, correct the fourth full 
paragraph by adding a sentence at the end of the paragraph to read ``If 
both parties agree, they may also continue mediation efforts during the 
administrative proceeding.''
    On Page 70831, in the first column, the third full paragraph, 
correct the web page cite to read ``http://ori/hhs.gov.''
    On page 70831, in the second column, correct the second and third 
sentences of the first full paragraph to read ``The decisionmaker must 
order an institutional remedy if the whistleblower meets the burden of 
proof and proves by a preponderance of the evidence that the act of 
good faith whistleblowing was a contributing factor in the alleged 
adverse action taken by the institution or one of its members against 
the whistleblower. However, even if the whistleblower meets this 
burden, the burden of proof shifts to the institution, and the 
decisionmaker may not order an institutional remedy if the institution 
then proves by clear and convincing evidence that it would have taken 
the action at issue even in the absence of the whistleblower's 
allegation or cooperation with an investigation.''
    On page 70832 in the second column, correct the second full 
paragraph by adding a sentence at the end of the paragraph to read ``As 
most retaliation occurs shortly after the whistleblower alleges 
misconduct, the regulation would require that the adverse action happen 
within one year of the allegation. We request comments on this time 
frame.''
    On page 70832 in the third column, correct the last paragraph of 
the Supplementary Information section by adding a sentence at the end 
of the paragraph to read ``However, we request comments on whether to 
extend coverage of this proposed regulation to pending cases.''

    Dated: December 18, 2000.
Brian P. Burns,
Deputy Assistant Secretary for Information Resources Management.
[FR Doc. 00-33312 Filed 12-28-00; 8:45 am]
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