--- kind: "section" citation: "10 U.S.C. § 6242" title: "10" title_heading: "Armed Forces" number: "6242" heading: "Whistleblower protection program" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/6242" units: - "Subtitle A — General Military Law" - "Part VI — Elements of Department of Defense and Other Matters" - "Subpart B — Atomic Energy Defense" - "Chapter 606 — Personnel Matters" - "Subchapter I — Personnel Management" --- # §6242. Whistleblower protection program - (a) **Program Required.—** The [Secretary](/usc/10/4951.md?p=3) of Energy shall establish a [program](/usc/10/2101.md?p=1) 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](/usc/10/101.md?p=a-6) of Energy, or of a contractor of the [Department](/usc/10/101.md?p=a-6), who is engaged in the defense activities of the [Department](/usc/10/101.md?p=a-6). - (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](/usc/10/2700.md?p=2) or entity specified in [subsection (d)](#d); 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](/usc/10/2700.md?p=2) 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](/usc/10/101.md?p=a-6), [agency](/usc/10/3451.md?p=3), 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](/usc/10/101.md?p=a-6) of Energy. - (4) The Federal Bureau of Investigation. - (5) Any other element of the Government designated by the [Secretary](/usc/10/4951.md?p=3) 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)](#d) 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](/usc/10/4951.md?p=3), acting through the Inspector General of the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/2700.md?p=2) or entities under [subsection (d)](#d) 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](/usc/10/3451.md?p=3) or [agencies](/usc/10/3451.md?p=3) that originated the information. - (g) **Regulations.—** The [Secretary](/usc/10/4951.md?p=3) shall prescribe regulations to ensure the security of any information disclosed under this section. - (h) **Notification to Covered Individuals.—** The [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-6) of Energy. - (j) **Investigation by Office of Hearings and Appeals.—** - (1) For each complaint submitted under [subsection (i)](#i), 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)](#j-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](/usc/10/4951.md?p=3) of Energy. - (k) **Remedial Action.—** - (1) Whenever the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=3) shall— - (A) in the case of a [Department](/usc/10/101.md?p=a-6) 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)](#k-1-B), the [Secretary](/usc/10/4951.md?p=3) may file an action for enforcement of the order in the appropriate [United States](/usc/10/101.md?p=a-1) district court. - (B) In any action brought under [subparagraph (A)](#k-2-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 101–12; 103 Stat. 16) or any other law that may provide protection for disclosures of information by employees of the [Department](/usc/10/101.md?p=a-6) of Energy or of a contractor of the [Department](/usc/10/101.md?p=a-6). - (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)](#j-1-B) during the preceding fiscal year, including a summary of the results of each such investigation. - (2) A report under [paragraph (1)](#m-1) may not identify or otherwise provide any information about an individual submitting a complaint under this section without the consent of the individual. ## Source credit (Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1413, 1462.) ## Notes ### Editorial Notes ### 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, which enacted subchapters II (§ 1211 et seq.) and III (§ 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. ### Prior Provisions A prior section 6242 was renumbered section 8292 of this title. Provisions similar to those in this section were contained in section 2702 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1). ### Amendments 2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.