Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 4639

employee or applicant for employment

that treats persons differently on the

basis of sex; or

(2) Which is based upon whether an

employee or applicant for employment

is the head of household or principal

wage earner in such employee’s or

applicant’s family unit.

(b) Pregnancy. A recipient shall not

discriminate against or exclude from

employment any employee or applicant

for employment on the basis of

pregnancy, childbirth, false pregnancy,

termination of pregnancy, or recovery

therefrom.

(c) Pregnancy as a temporary

disability. Subject to § 1042.235(d), a

recipient shall treat pregnancy,

childbirth, false pregnancy, termination

of pregnancy, recovery therefrom, and

any temporary disability resulting

therefrom as any other temporary

disability for all job-related purposes,

including commencement, duration,

and extensions of leave, payment of

disability income, accrual of seniority

and any other benefit or service, and

reinstatement, and under any fringe

benefit offered to employees by virtue of

employment.

(d) Pregnancy leave. In the case of a

recipient that does not maintain a leave

policy for its employees, or in the case

of an employee with insufficient leave

or accrued employment time to qualify

for leave under such a policy, a

recipient shall treat pregnancy,

childbirth, false pregnancy, termination

of pregnancy, and recovery therefrom as

a justification for a leave of absence

without pay for a reasonable period of

time, at the conclusion of which the

employee shall be reinstated to the

status that she held when the leave

began or to a comparable position,

without decrease in rate of

compensation or loss of promotional

opportunities, or any other right or

privilege of employment.

§ 1042.535 Effect of state or local law or

other requirements.

(a) Prohibitory requirements. The

obligation to comply with §§ 1042.500

through 1042.550 is not obviated or

alleviated by the existence of any State

or local law or other requirement that

imposes prohibitions or limits upon

employment of members of one sex that

are not imposed upon members of the

other sex.

(b) Benefits. A recipient that provides

any compensation, service, or benefit to

members of one sex pursuant to a State

or local law or other requirement shall

provide the same compensation, service,

or benefit to members of the other sex.

§ 1042.540 Advertising.

A recipient shall not in any

advertising related to employment

indicate preference, limitation,

specification, or discrimination based

on sex unless sex is a bona fide

occupational qualification for the

particular job in question.

§ 1042.545 Pre-employment inquiries.

(a) Marital status. A recipient shall

not make pre-employment inquiry as to

the marital status of an applicant for

employment, including whether such

applicant is ‘‘Miss’’ or ‘‘Mrs.’’

(b) Sex. A recipient may make preemployment inquiry as to the sex of an

applicant for employment, but only if

such inquiry is made equally of such

applicants of both sexes and if the

results of such inquiry are not used in

connection with discrimination

prohibited by these Title IX regulations.

§ 1042.550 Sex as a bona fide

occupational qualification.

A recipient may take action otherwise

prohibited by §§ 1042.500 through

1042.550 provided it is shown that sex

is a bona fide occupational qualification

for that action, such that consideration

of sex with regard to such action is

essential to successful operation of the

employment function concerned. A

recipient shall not take action pursuant

to this section that is based upon alleged

comparative employment characteristics

or stereotyped characterizations of one

or the other sex, or upon preference

based on sex of the recipient,

employees, students, or other persons,

but nothing contained in this section

shall prevent a recipient from

considering an employee’s sex in

relation to employment in a locker room

or toilet facility used only by members

of one sex.

Subpart F—Other Provisions

§ 1042.600 Covered programs.

The financial assistance programs to

which this part applies are listed in

Appendix A to 10 CFR part 1040.

§ 1042.605 Enforcement procedures.

The investigative, compliance, and

enforcement procedural provisions of

Title VI of the Civil Rights Act of 1964

(42 U.S.C. 2000d) are hereby adopted

and applied to these Title IX

regulations. These procedures may be

found at 10 CFR part 1040, subparts G

and H.

[FR Doc. 01–583 Filed 1–17–01; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

10 CFR Part 1044

[Docket No. SO–RM–00–3164]

RIN 1992–AA26

Office of Security and Emergency

Operations; Security Requirements for

Protected Disclosures Under Section

3164 of the National Defense

Authorization Act for Fiscal Year 2000

AGENCY: Department of Energy.

ACTION: Interim final rule and

opportunity for public comment.

SUMMARY: The Department of Energy

(DOE) is publishing an interim final rule

to prescribe the security procedures that

a DOE employee or DOE contractor

employee, including an employee or

contractor employee of the National

Nuclear Security Administration, who is

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. Anyone who

follows these procedures when making

a disclosure of classified or other

controlled information may not be

discharged, demoted, or otherwise

discriminated against as a reprisal for

making the disclosure.

EFFECTIVE DATE: The interim final rule is

effective February 20, 2001. Interested

persons may submit written comments

on this interim rule by February 20,

2001. Comments received after this date

will be considered to the extent

practicable.

ADDRESSES: Written comments (3

copies) should be addressed to: U.S.

Department of Energy, Docket No. SO–

RM–00–3164, Attn: Richard Farman,

Office of General Counsel, GC–74, 1000

Independence Ave., SW., Washington,

DC 20585.

All comments received will be

available for public inspection as part of

the administrative record on file for this

rulemaking in the Department of Energy

Freedom of Information Office Reading

Room, Room 1E–090, Forrestal

Building, 1000 Independence Avenue,

S.W, Washington, DC 10585, (202) 586–

6020, between 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays. The docket material for this

rulemaking will be filed under Docket

No. SO–RM–00–3164.

FOR FURTHER INFORMATION CONTACT:

Cathy Tullis, Office of Security and

Emergency Operations (SO–211), U.S.

Department of Energy, 19901

4640 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

Germantown Road, Germantown, MD

20874–1290, (301) 903–4805.

SUPPLEMENTARY INFORMATION:

I. Introduction

Today’s notice adds a new Part 1044

to Title 10 of the Code of Federal

Regulations to establish security

requirements for the disclosure of

classified and other controlled

information under section 3164 of the

National Defense Authorization Act for

Fiscal Year 2000 (NDAA for FY 2000)

(42 U.S.C. 7239). Section 3164 directs

the Secretary of Energy to establish a

program to ensure 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. The

Secretary is required by section 3164(g)

to prescribe regulations to ensure the

security of any information disclosed

under the program (42 U.S.C. 7239(g)).

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 (42 U.S.C.

7239(c)).

Section 3164(j) of the NDAA for FY

2000 provides that complaints of

discriminatory acts taken in reprisal for

making a protected disclosure may be

submitted to the DOE Office of Hearings

and Appeals for investigation (42 U.S.C.

7239(j)). Section 3164(k) directs the

Secretary of Energy to take appropriate

actions to abate acts of reprisal (42

U.S.C. 7239(k)).

II. Discussion of Rule Provisions

Part 1044 informs DOE and DOE

contractor employees engaged in

defense activities how to make a

protected disclosure of classified and

other controlled information. The

definitions in section 1044.03 of

‘‘classified information’’ and

‘‘contractor’’ are drawn from 10 CFR

Part 1045, ‘‘Nuclear Classification and

Declassification.’’ The same definitions

apply to this rule because of the similar

subject matter. DOE defines ‘‘defense

activities’’ to cover the range of its

defense activities carried out under the

Atomic Energy Act of 1954 (42 U.S.C.

2011 et seq.). The definition of ‘‘defense

activities’’ in section 1044.03 is

consistent with the definition of

‘‘Atomic Energy Defense Programs’’ in

DOE’s regulations concerning protection

of unclassified controlled nuclear

information (see 10 CFR 1017.3). All

Departmental-related activities

involving classified information and

Unclassified Controlled Nuclear

Information are considered to be

‘‘defense activities’’ covered by this

rule.

The term ‘‘unclassified controlled

nuclear information’’ is defined in

section 1044.03, and used in

conjunction with ‘‘classified

information’’ throughout the rule to

identify the types of information that are

covered by the protected disclosure

provisions of section 3164 of the NDAA

for FY2000. For reasons that follow,

DOE has concluded that unclassified

controlled nuclear information under

section 148 of the Atomic Energy Act

(42 U.S.C. 2168) is the only type of

information that falls within the

meaning of ‘‘other information’’ in the

phrase ‘‘classified or other information’’

used in section 3164(c)(3) to define

‘‘protected disclosures.’’

DOE’s interpretation of ‘‘other

information’’ in section 3164 is

consistent with the apparent intent of

Congress to cover the disclosure of

controlled information. Under section

3164(g), DOE is required to prescribe

regulations to ensure the security of any

information disclosed under the statute.

Other provisions impose an obligation

on a whistleblower to take appropriate

steps to protect the security of the

information to be disclosed (section

3164(c)(1)), and restrict who may

receive a disclosure of classified or

other information (section 3164(d)).

These provisions would not make sense

if ‘‘other information’’ encompassed

uncontrolled information. The

legislative history also shows that

Congress intended to address in section

3164 the disclosure of national security

sensitive information. See Conference

Report on the National Defense

Authorization Act for Fiscal Year 2000,

H.R. Conf. Rep. No. 106–301, at p. 920.

Section 1044.06 lists the persons and

entities that may receive a protected

disclosure (42 U.S.C. 7239(d)). Section

1044.07 provides that the Inspector

General will assist the whistleblower by

obtaining from the Office of Safeguards

and Security a determination whether a

particular person has the appropriate

security access authorization to receive

the classified or other controlled

information.

Sections 1044.08 and 1044.09 provide

that a person who wishes to make a

protected disclosure must submit the

information to the Inspector General,

who in turn will obtain a determination

from the Office of Nuclear and National

Security Information on the security

classification, if any, of the information.

If the information is classified or

controlled, section 1044.11 provides

that the whistleblower must follow

applicable security requirements

concerning how to generate, mark,

reproduce, store, destroy, and transmit

classified and other controlled

information. These security

requirements derive from Executive

Orders, DOE regulations, and current

security directives issued by the Office

of Safeguards and Security. The

Inspector General will provide the

whistleblower with guidance on how to

comply with these requirements. The

individual has a responsibility to obtain

assistance and guidance before seeking

to make a protected disclosure.

As required by the NDAA for FY

2000, DOE provides in section 1044.09

that the identity of a whistleblower

under this program will be protected (42

U.S.C. 7239(f)(3)). Section 1044.12

describes the procedures provided in

the statute (42 U.S.C. 7239(i)–(k)) for

acting on complaints of alleged

discrimination against employees as

reprisal for making protected

disclosures.

III. Public Comment

The interim final rule published today

prescribes security procedures that DOE

and DOE contractor employees must

follow to make a protected disclosure of

classified or other controlled

information under section 3164(g) of the

NDAA for FY 2000. As a rule of agency

procedure, this rulemaking is exempt

from the notice and comment

requirements in the Administrative

Procedure Act, 5 U.S.C. 553. DOE,

nevertheless, is providing an

opportunity for interested persons to

submit written data and views on the

interim rule. Interested persons should

submit their comments to the address

indicated in the ADDRESSES section of

this notice. The outside of the envelope

and the comments should be labeled as

follows: ‘‘Protected Disclosure

Rulemaking, Docket No. SO–RM–00–

3164.’’ If you believe that any

information or data you submit may be

exempt from public disclosure by law,

you should submit one complete copy

as well as one copy from which you

have deleted the information you

believe to be exempt from disclosure.

The Department will determine if the

information or data is exempt from

disclosure.

All comments received will be

available for public inspection as part of

the administrative record on file for this

rulemaking in the Department of Energy

Freedom of Information Office Reading

Room, Room 1E–090, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585, (202) 586–

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 4641

6020, between 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

IV. Procedural Requirements

A. Review Under Executive Order 12866

Today’s regulatory action has been

determined not to be ‘‘a significant

regulatory action’’ under Executive

Order 12866, ‘‘Regulatory Planning and

Review,’’ (58 FR 51735, October 4,

1993). Accordingly, this action was not

subject to review under that Executive

Order by the Office of Information and

Regulatory Affairs of the Office of

Management and Budget (OMB).

B. Review Under the Regulatory

Flexibility Act

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.) requires

preparation of an initial regulatory

flexibility analysis for any rule that by

law must be proposed for public

comment, unless the agency certifies

that the rule will not have a ‘‘significant

economic impact on a substantial

number of small entities.’’ Today’s

interim final rule prescribes the security

procedures that a DOE or DOE

contractor employee engaged in defense

activities must follow when making a

protected disclosure of classified or

other controlled information under

section 3164 of the NDAA for FY 2000.

DOE is not required by the

Administrative Procedure Act (5 U.S.C.

553) or any other law to propose this

rule for public comment. Accordingly,

the Regulatory Flexibility Act

requirements do not apply to this

rulemaking, and no regulatory flexibility

analysis has been prepared.

C. Review Under the Paperwork

Reduction Act

No additional information or record

keeping requirements are imposed by

this rulemaking. Accordingly, no OMB

clearance is required under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

D. Review Under the National

Environmental Policy Act

Today’s rule describes the security

requirements a DOE or DOE contractor

employee engaged in defense activities

must follow when making a protected

disclosure of classified or other

controlled information under section

3164 of the NDAA for FY 2000.

Implementation of this rule will not

affect whether such information might

cause or otherwise be associated with an

environmental impact. The Department

has, therefore, determined that this rule

is covered under the Categorical

Exclusion found at paragraph A.6. of

Appendix A to Subpart D, 10 CFR Part

1021, which applies to rulemakings that

are strictly procedural. Accordingly,

neither an environmental assessment

nor an environmental impact statement

is required.

E. Review Under Executive Order 12988

With respect to the review of existing

regulations and the promulgation of

new regulations, section 3(a) of

Executive Order 12988, ‘‘Civil Justice

Reform,’’ (61 FR 4729, February 7,

1996), imposes on Federal agencies the

general duty to adhere to the following

requirements: (1) Eliminate drafting

errors and ambiguity; (2) write

regulations to minimize litigation; and

(3) provide a clear legal standard for

affected conduct rather than a general

standard and promote simplification

and burden reduction. With regard to

the review required by section 3(a),

section 3(b) of Executive Order 12988

specifically requires that Executive

agencies make every reasonable effort to

ensure that the regulation: (1) Clearly

specifies the preemptive effect, if any;

(2) clearly specifies any effect on

existing Federal law or regulation; (3)

provides a clear legal standard for

affected conduct while promoting

simplification and burden reduction; (4)

specifies the retroactive effect, if any; (5)

adequately defines key terms; and (6)

addresses other important issues

affecting clarity and general

draftsmanship under any guidelines

issued by the Attorney General. Section

3(c) of Executive Order 12988 requires

Executive agencies to review regulations

in light of applicable standards in

section 3(a) and section 3(b) to

determine whether they are met or it is

unreasonable to meet one or more of

them. DOE has completed the required

review and determined that, to the

extent permitted by law, this interim

final rule meets the relevant standards

of Executive Order 12988.

F. Review Under Executive Order 13132

Executive Order 13132 (64 FR 43255,

August 10, 1999) requires agencies to

develop an accountable process to

ensure meaningful and timely input by

State and local officials in the

development of regulatory policies that

have federalism implications. DOE

published its intergovernmental

consultation policy and procedures on

March 14, 2000 (65 FR 13735). ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. DOE has

examined this interim final rule and has

determined that it would not have a

substantial direct effect on the States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. No further action

is required by Executive Order 13132.

G. Review Under the Unfunded

Mandates Reform Act of 1995

Title II of the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4)

requires each federal agency to prepare

a written assessment of the effects of

any federal mandate in a proposed or

final agency rule that may result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million in any

one year. The Act also requires a federal

agency to develop an effective process

to permit timely input by elected

officers of State, local, and tribal

governments on a proposed ‘‘significant

intergovernmental mandate,’’ and

requires an agency plan for giving notice

and opportunity to timely input to

potentially affected small governments

before establishing any requirements

that might significantly or uniquely

affect small governments. DOE’s

intergovernmental consultation process

under the Unfunded Mandates Reform

Act of 1995 is described in a statement

of policy published by DOE on March

18, 1997 (62 FR 12820). The interim

final rule published today does not

contain any federal mandate, so these

requirements do not apply.

H. Review Under Plain Language

Initiative

Executive Order 12866 and the

President’s memorandum of June 1,

1998, require each agency to write all

rules in plain language. We invite your

comments on how to make this rule

easier to understand. For example:

• Have we organized the material to

suit your needs?

• Are the requirements in the rule

clearly stated?

• Does the rule contain technical

language or jargon that isn’t clear?

• Would a different format make the

rule easier to understand?

• What else could we do to make the

rule easier to understand?

I. Congressional Notification

As required by 5 U.S.C. 801, DOE will

report to Congress promulgation of the

interim final rule prior to its effective

date. The report will state that it has

been determined that the rule is not a

4642 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 10 CFR Part 1044

Administrative practice and

procedure, Classfied information,

Energy, Government contracts, National

security information, Security

information, Whistleblowing

Issued in Washington, DC, on November

30, 2000.

T.J. Glauthier,

Deputy Secretary.

For the reasons set forth in the

preamble, DOE hereby amends Chapter

X of title 10 of the Code of Federal

Regulations as set forth below:

1. New Part 1044 is added to read as

follows:

PART 1044—SECURITY

REQUIREMENTS FOR PROTECTED

DISCLOSURES UNDER SECTION 3164

OF THE NATIONAL DEFENSE

AUTHORIZATION ACT FOR FISCAL

YEAR 2000

Sec.

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?

Authority: 42 U.S.C. 7101 et seq., 7239,

and 50 U.S.C. 2401 et seq.

§ 1044.01 What is the purpose of this part?

This part prescribes the security

requirements for making protected

disclosures of classified or unclassified

controlled nuclear information under

the whistleblower protection provisions

of section 3164 of the National Defense

Authorization Act for Fiscal Year 2000.

§ 1044.02 Who must follow the

requirements contained in this part?

The requirements apply to you if you

are:

(a) An employee of DOE, including

the National Nuclear Security

Administration, or one of its

contractors;

(b) Engaged in DOE defense activities;

and

(c) Wish to make a protected

disclosure as described in § 1044.04 of

this part.

§ 1044.03 What definitions apply to this

part?

The following definitions apply to

this subpart:

Atomic Energy Act means the Atomic

Energy Act of 1954, as amended (42

U.S.C. 2011 et seq.

Classified information means:

(1) Information classified as Restricted

Data or Formerly Restricted Data under

the Atomic Energy Act; or

(2) Information that has been

determined pursuant to Executive Order

12958 or prior Executive Orders to

require protection against unauthorized

disclosure and is marked to indicate its

classification status when in document

form (also referred to as ‘‘National

Security Information’’ in 10 CFR Part

1045 or ‘‘defense information’’ in the

Atomic Energy Act).

Contractor means any industrial,

educational, commercial or other entity,

grantee or licensee at any tier, including

an individual, that has executed an

agreement with the Federal Government

for the purpose of performing under a

contract, license or other agreement.

Defense activities means activities of

DOE engaged in support of:

(1) The production, testing, sampling,

maintenance, repair, modification,

assembly, disassembly, utilization,

transportation, or retirement of nuclear

weapons or components of nuclear

weapons;

(2) The production, utilization, or

transportation of nuclear material for

military applications; or

(3) The safeguarding of activities,

equipment, or facilities which support

the production of nuclear weapons or

nuclear material for nuclear weapons.

DOE means the Department of Energy,

including the National Nuclear Security

Administration.

Unclassified controlled nuclear

information means unclassified

government information prohibited

from unauthorized dissemination under

section 148 of the Atomic Energy Act

and DOE implementing regulations in

10 CFR part 1017.

§ 1044.04 What is a protected disclosure?

A protected disclosure is:

(a) A disclosure of classified or

unclassified controlled nuclear

information that you reasonably believe

provides direct and specific evidence

of—

(1) A violation of law or Federal

regulation;

(2) Gross mismanagement, a gross

waste of funds, or an abuse of authority;

or

(3) A false statement to Congress on

pursuant to an issue of material fact;

and

(b) Protected pursuant to the

procedures in this part, including the

security procedures referenced in

§ 1044.11; and

(c) Revealed only to a person or

organization described in § 1044.06.

§ 1044.05 What is the effect of a disclosure

qualifying as a ‘‘protected disclosure’’?

If a DOE or DOE contractor employee

follows the procedures of this part when

making a disclosure of classified or

unclassified controlled nuclear

information, then the employer (DOE or

DOE contractor as applicable) may not

discharge, demote, or otherwise

discriminate against the employee as a

reprisal for making the disclosure.

§ 1044.06 Who may receive a protected

disclosure?

The following persons or

organizations may receive a protected

disclosure:

(a) 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;

(b) An employee of Congress who is

a staff member of such a committee and

has an appropriate security access

authorization for the information being

disclosed;

(c) The Inspector General of the

Department of Energy;

(d) The Federal Bureau of

Investigation; or

(e) Any other element of the

Government designated by the Secretary

of Energy as authorized to receive the

information being disclosed.

§ 1044.07 How can you find out if a

particular person is authorized to receive a

protected disclosure?

You must contact the Department of

Energy Inspector General for help in

determining whether a particular person

is authorized to receive the classified or

unclassified controlled nuclear

information you wish to disclose. The

Inspector General will contact the Office

of Safeguards and Security as necessary

to determine the security access

authorization of the person to receive

the protected disclosure.

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 4643

§ 1044.08 Do you have to submit the

documents for classification review before

you give them to someone?

Yes, you must submit each document

with a classification or control marking

and any unmarked document generated

in a classified or controlled subject area

to the Inspector General. The Inspector

General forwards each document to the

Office of Nuclear and National Security

Information for a determination as to

whether the information in the

document is properly classified,

controlled, or may be released to the

public.

§ 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?

You must describe in detail to the

Inspector General what information you

wish to disclose. The Inspector General

may require that the information to be

disclosed be put in writing in order to

ensure the Inspector General obtains

and provides accurate advice. The

Inspector General will consult with the

Office of Nuclear and National Security

Information who will provide you with

advice, through the Inspector General,

as to whether the information is

classified or controlled and any steps

needed to protect the information.

§ 1044.10 Will your identity be protected?

Yes, both the Inspector General and

the Office of Nuclear and National

Security Information must protect,

consistent with legal requirements, your

identity and any information about your

disclosure.

§ 1044.11 How do you protect the

information that you want to disclose?

To protect classified information and

unclassified controlled nuclear

information you plan to disclose, you

must:

(a) Only disclose the information to

personnel who possess the appropriate

clearance and need-to-know for the

information disclosed as required in 10

CFR part 710, after verifying any special

authorizations or accesses, such as

Sensitive Compartmented Information,

Special Access Program, and Weapon

Data information;

(b) Use only equipment (such as

computers or typewriters) that is

approved for classified processing for

the generation of classified documents;

(c) Mark documents as required by 10

CFR part 1045 (classified information),

10 CFR Part 1017 (unclassified

controlled nuclear information), or as

required by the Office of Nuclear and

National Security Information.

(d) Use only approved copiers to

reproduce documents;

(e) Store classified documents in

facilities approved by the U.S.

Government for the storage of classified

material;

(f) Use only approved destruction

devices to destroy classified documents;

(g) Use only appropriate secure

means, such as secure facsimile or

secure telephone, to provide classified

information orally or electronically

when transmitting or communicating

that information (e.g. the applicable

classified mailing address); and

(h) Follow any additional specific

instructions from the Office of

Safeguards and Security on how to

protect the information.

§ 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?

If you believe you have been

discriminated against as a reprisal for

making a protected disclosure, you may

submit a complaint to the Director of the

Office of Hearings and Appeals, U.S.

Department of Energy, 1000

Independence Avenue, SW.,

Washington, DC 20585–0107, or you

may send your complaint to the

Director, Office of Hearings and

Appeals, by facsimile to FAX number

(202) 426–1415. In your complaint, you

should give your reasons for believing

that you have been discriminated

against as a reprisal for making a

protected disclosure, and include any

information you think is relevant to

your complaint. The Office of Hearings

and Appeals will conduct an

investigation of your complaint unless

the Director determines your complaint

is frivolous. The Director will notify you

in writing if your complaint is found to

be frivolous. If an investigation is

conducted, the Director will submit a

report of the investigation to you, to the

employer named in your complaint, and

to the Secretary of Energy, or the

Secretary’s designee. The Secretary, or

the Secretary’s designee, will take

appropriate action, pursuant to 42

U.S.C. 7239(k), to abate any

discriminatory actions taken as reprisal

for making a protected disclosure.

[FR Doc. 01–1328 Filed 1–17–01; 8:45 am]

BILLING CODE 6450–01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 126

HUBZone Program

AGENCY: Small Business Administration.

ACTION: Final rule.

SUMMARY: This final rule amends the

regulations governing the HUBZone

Empowerment Contracting Program

(HUBZone program). In particular, this

rule clarifies the application of the

HUBZone program to state and local

governments, revises the definition of

the term ‘‘principal office,’’ eliminates

the program eligibility restrictions on

allowable affiliations of HUBZone small

business concerns, and eases the

program eligibility requirements and

procurement restrictions concerning

qualified HUBZone small business

concerns that operate as nonmanufacturers.

DATES: This rule is effective on February

20, 2001.

FOR FURTHER INFORMATION CONTACT:

Michael McHale, Associate

Administrator for the HUBZone

Program, (202) 205–6731 or

hubzone@sba.gov.

SUPPLEMENTARY INFORMATION: On

October 3, 2000, the Small Business

Administration (SBA) published in the

Federal Register, 65 FR 58963, a

proposed rule to amend its regulations

governing the HUBZone program. The

rule proposed to update the list of

Federal agencies covered by the

HUBZone program and clarify that the

program does not apply to contracts

awarded by state and local governments.

In addition, the rule proposed to amend

the definition of the term principal

office to accommodate service and

construction concerns, and to eliminate

the program eligibility restrictions on

allowable affiliations of HUBZone small

business concerns (SBCs). Finally, the

rule proposed to ease the program

eligibility requirements and

procurement restrictions concerning

qualified HUBZone small business

concerns that operate as nonmanufacturers. The proposed regulatory

amendments were intended to improve

the efficiency and effectiveness of the

program in light of SBA’s experience

since the effective date of the final

regulations implementing the HUBZone

Act of 1997, Title VI of the Small

Business Reauthorization Act of 1997,

Public Law 105–135.

Discussion of Comments on the

Proposed Rule

SBA received 22 timely comments

concerning the proposed amendments.

The vast majority of the comments

supported the proposed regulatory

amendments and applauded SBA’s

efforts to improve and clarify the

HUBZone regulations. In addition to

expressing support for the amendments,

a few commenters also recommended

some modifications to two of the