The No FEAR Act Notice, 59753-59754 [E6-16748]

Download as PDF Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices Areas Studies (EELIAS) system to complete the final report. 4. Performance Measures: Under the Government Performance and Results Act of 1993 (GPRA), the objective for the BIE program is to meet the nation’s security and economic needs through the development of a national capacity in foreign languages, and area and international studies. The Department will use the following measures to evaluate its success in meeting this objective. BIE Performance Measures: (1) The number of outreach activities that are adopted or further disseminated within a year, divided by the total number of BIE outreach activities conducted in the current year. (2) Percentage of projects judged to be successful by the program officer, based on a review of information provided in annual performance reports. If funded, information from your final performance report submitted via the electronic Evaluation of Exchange, Language, International, and Area Studies system will be used to record and evaluate the performance of your project. VII. Agency Contact For Further Information Contact: Ms. Tanyelle Richardson, International Education Programs Service, U.S. Department of Education, 1990 K Street, NW., room 6017, Washington, DC 20006–8521. Telephone: (202) 502–7626 or by e-mail: tanyelle.richardson@ed.gov. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1– 800–877–8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. pwalker on PRODPC60 with NOTICES VIII. Other Information Electronic Access to This Document: You may view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: https://www.ed.gov/news/ fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area at (202) 512–1530. Note: The official version of this document is the document published in the Federal VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 59753 Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/ index.html. This meeting and hearing will be open to the public. FOR FURTHER INFORMATION CONTACT: Bryan Whitener, Telephone: (202) 566– 3100. Dated: October 5, 2006. James F. Manning, Acting Assistant Secretary for Postsecondary Education. [FR Doc. E6–16827 Filed 10–10–06; 8:45 am] Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. 06–8645 Filed 10–6–06; 4:01 pm] BILLING CODE 6820–KF–M BILLING CODE 4000–01–P ELECTION ASSISTANCE COMMISSION Sunshine Act Notice; Meeting United States Election Assistance Commission. ACTION: Notice of Public Meeting and Hearing Agenda. DEPARTMENT OF ENERGY The No FEAR Act Notice Department of Energy (DOE). Notice. AGENCY: AGENCY: ACTION: Thursday, October 26, 2006, 10:00 a.m.–4:00 p.m. PLACE: U.S. Election Assistance Commission (EAC), 1225 New York Ave., NW., Suite 1100, Washington, DC 20005. (Metro Stop: Metro Center) AGENDA: The Commission will conduct a public meeting and hearing on EAC’s post-election voting system testing and certification program. The Commission will receive presentations by representatives of the National Institute of Standards and Technology (NIST), representatives of testing laboratories, equipment manufacturers, election officials, community interest groups and Commission staff members. The Commission will also meet to consider other administrative matters. EAC will provide a public comment period to receive comments regarding the voting system testing and certification program. Members of the public who wish to speak must contact and register with EAC by 5:00 p.m. on Tuesday, October 24, 2006. Speakers may contact EAC via e-mail at testimony@ec.gov, or via mail addressed to the U.S. Election Assistance Commission, 1225 New York Ave., NW., Suite 1100, Washington, DC 20005, or by fax at 202/566–3127. Comments will be strictly limited to 3 minutes per person or organization to ensure the fullest participation possible. All speakers will be contacted prior to the hearing. EAC also encourages members of the public to submit written testimony via e-mail, mail or fax. All public comments will be taken in writing via e-mail at testimony@eac.gov, or via mail addressed to the U.S. Election Assistance Commission, 1225 New York Ave., NW., Suite 1100, Washington, DC 20005, or by fax at 202/ 566–3127. SUMMARY: DOE is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under the Federal antidiscrimination laws and whistleblower protection laws. This notice fulfills DOE’s notification obligations under the Notification and Federal Employees Antidiscrimination and Retaliation Act (No FEAR Act), as implemented by Office of Personnel Management (OPM) regulations. FOR FURTHER INFORMATION CONTACT: Neil Schuldenfrei, Attorney-Advisor, Office of Civil Rights and Diversity, U.S. Department of Energy, Room 5B–168, 1000 Independence Ave., SW., Washington, DC 20585, telephone (202) 586–5687 (this is not a toll-free number). Hearing-impaired or speechimpaired individuals may access this number through TTY by calling the tollfree Federal Relay Service at (800) 877– 8339. SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,’’ which is now known as the No FEAR Act. One purpose of the Act is to ‘‘require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.’’ Public Law 107–174, Summary. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Public Law 107–174, Title I, General Provisions, section 101(1). The Act also requires this agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection laws. DATE AND TIME: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1 59754 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices Antidiscrimination Laws A Federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex, national origin, age, disability, marital status or political affiliation. Discrimination on these bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16. In addition, Department of Energy policy prohibits discrimination on the basis of sexual orientation. DOE Order 311.1B, Section (4)(d). If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, sexual orientation, national origin or disability, you must contact an Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination with your agency. See, e.g. 29 CFR Part 1614. If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the alleged discriminatory action. If you are alleging discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Office of Special Counsel (OSC) (see contact information below). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through your agency’s administrative or negotiated grievance procedures, if such procedures apply and are available. pwalker on PRODPC60 with NOTICES Whistleblower Protection Laws A Federal employee with authority to take, direct others to take, recommend or approve any personnel action must not use that authority to take or fail to take, or threaten to take or fail to take, a personnel action against an employee or applicant because of disclosure of information by that individual that is reasonably believed to evidence violations of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless disclosure of such information is specifically prohibited by law and such information is specifically required by Executive VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 Order to be kept secret in the interest of national defense or the conduct of foreign affairs. Retaliation against an employee or applicant for making a protected disclosure is prohibited by 5 U.S.C. Section 2302(b)(8). If you believe that you have been the victim of whistleblower retaliation, you may file a written complaint (Form OSC–11) with the U.S. Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036–4505 or online through the OSC Web site—https:// www.osc.gov. antidiscrimination, whistleblower protection and retaliation laws can be found at the EEOC Web site—https:// www.eeoc.gov and the OSC Web site— https://www.osc.gov. Retaliation for Engaging in Protected Activity A Federal agency cannot retaliate against an employee or applicant because that individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protection laws listed above. If you believe that you are the victim of retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws sections or, if applicable, the administrative or negotiated grievance procedures in order to pursue any legal remedy. Issued in Washington, DC on October 4, 2006. Poli A. Marmolejos, Director, Office of Civil Rights and Diversity. [FR Doc. E6–16748 Filed 10–10–06; 8:45 am] Disciplinary Actions Under the existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for conduct that is inconsistent with Federal Antidiscrimination and Whistleblower Protection Laws up to and including removal. If OSC has initiated an investigation under 5 U.S.C. 1214, however, according to 5 U.S.C. 1214(f), agencies must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination Take notice that on September 29, 2006, Alliance Pipeline L.P. (Alliance) tendered for filing to become part of its FERC Gas Tariff, Original Volume No. 1, Tenth Revised Sheet No. 11, to become effective October 1, 2006. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of § 154.210 of the Commission’s regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at https://www.ferc.gov. Persons unable to file electronically Additional Information For further information regarding the No FEAR Act regulations, refer to 5 CFR Part 724, as well as the appropriate offices within your agency (e.g., EEO/ civil rights office, human resources office or legal office). At the Department of Energy, please contact your local EEO/diversity office, call the Headquarters Office of Civil Rights and Diversity at (202) 586–2218, or visit https://civilrights.doe.gov. Additional information regarding Federal PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 Existing Rights Unchanged Pursuant to section 205 of the No FEAR Act, neither the Act nor this notice creates, expands or reduces any rights otherwise available to any employee, former employee or applicant under the laws of the United States, including the provisions of law specified in 5 U.S.C. 2302(d). BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00–445–015] Alliance Pipeline L.P.; Notice of Negotiated Rates October 3, 2006. E:\FR\FM\11OCN1.SGM 11OCN1

Agencies

DEPARTMENT OF ENERGY

[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59753-59754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16748]


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DEPARTMENT OF ENERGY


The No FEAR Act Notice

AGENCY: Department of Energy (DOE).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: DOE is providing notice to all of its employees, former 
employees, and applicants for employment about the rights and remedies 
that are available to them under the Federal antidiscrimination laws 
and whistleblower protection laws. This notice fulfills DOE's 
notification obligations under the Notification and Federal Employees 
Antidiscrimination and Retaliation Act (No FEAR Act), as implemented by 
Office of Personnel Management (OPM) regulations.

FOR FURTHER INFORMATION CONTACT: Neil Schuldenfrei, Attorney-Advisor, 
Office of Civil Rights and Diversity, U.S. Department of Energy, Room 
5B-168, 1000 Independence Ave., SW., Washington, DC 20585, telephone 
(202) 586-5687 (this is not a toll-free number). Hearing-impaired or 
speech-impaired individuals may access this number through TTY by 
calling the toll-free Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
``Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002,'' which is now known as the No FEAR Act. One purpose of 
the Act is to ``require that Federal agencies be accountable for 
violations of antidiscrimination and whistleblower protection laws.'' 
Public Law 107-174, Summary. In support of this purpose, Congress found 
that ``agencies cannot be run effectively if those agencies practice or 
tolerate discrimination.'' Public Law 107-174, Title I, General 
Provisions, section 101(1).
    The Act also requires this agency to provide this notice to Federal 
employees, former Federal employees and applicants for Federal 
employment to inform you of the rights and protections available to you 
under Federal antidiscrimination and whistleblower protection laws.

[[Page 59754]]

Antidiscrimination Laws

    A Federal agency cannot discriminate against an employee or 
applicant with respect to the terms, conditions or privileges of 
employment on the basis of race, color, religion, sex, national origin, 
age, disability, marital status or political affiliation. 
Discrimination on these bases is prohibited by one or more of the 
following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 
631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16. In addition, 
Department of Energy policy prohibits discrimination on the basis of 
sexual orientation. DOE Order 311.1B, Section (4)(d).
    If you believe that you have been the victim of unlawful 
discrimination on the basis of race, color, religion, sex, sexual 
orientation, national origin or disability, you must contact an Equal 
Employment Opportunity (EEO) counselor within 45 calendar days of the 
alleged discriminatory action, or, in the case of a personnel action, 
within 45 calendar days of the effective date of the action, before you 
can file a formal complaint of discrimination with your agency. See, 
e.g. 29 CFR Part 1614. If you believe that you have been the victim of 
unlawful discrimination on the basis of age, you must either contact an 
EEO counselor as noted above or give notice of intent to sue to the 
Equal Employment Opportunity Commission (EEOC) within 180 calendar days 
of the alleged discriminatory action. If you are alleging 
discrimination based on marital status or political affiliation, you 
may file a written complaint with the U.S. Office of Special Counsel 
(OSC) (see contact information below). In the alternative (or in some 
cases, in addition), you may pursue a discrimination complaint by 
filing a grievance through your agency's administrative or negotiated 
grievance procedures, if such procedures apply and are available.

Whistleblower Protection Laws

    A Federal employee with authority to take, direct others to take, 
recommend or approve any personnel action must not use that authority 
to take or fail to take, or threaten to take or fail to take, a 
personnel action against an employee or applicant because of disclosure 
of information by that individual that is reasonably believed to 
evidence violations of law, rule or regulation; gross mismanagement; 
gross waste of funds; an abuse of authority; or a substantial and 
specific danger to public health or safety, unless disclosure of such 
information is specifically prohibited by law and such information is 
specifically required by Executive Order to be kept secret in the 
interest of national defense or the conduct of foreign affairs.
    Retaliation against an employee or applicant for making a protected 
disclosure is prohibited by 5 U.S.C. Section 2302(b)(8). If you believe 
that you have been the victim of whistleblower retaliation, you may 
file a written complaint (Form OSC-11) with the U.S. Office of Special 
Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036-4505 or 
online through the OSC Web site--https://www.osc.gov.

Retaliation for Engaging in Protected Activity

    A Federal agency cannot retaliate against an employee or applicant 
because that individual exercises his or her rights under any of the 
Federal antidiscrimination or whistleblower protection laws listed 
above. If you believe that you are the victim of retaliation for 
engaging in protected activity, you must follow, as appropriate, the 
procedures described in the Antidiscrimination Laws and Whistleblower 
Protection Laws sections or, if applicable, the administrative or 
negotiated grievance procedures in order to pursue any legal remedy.

Disciplinary Actions

    Under the existing laws, each agency retains the right, where 
appropriate, to discipline a Federal employee for conduct that is 
inconsistent with Federal Antidiscrimination and Whistleblower 
Protection Laws up to and including removal. If OSC has initiated an 
investigation under 5 U.S.C. 1214, however, according to 5 U.S.C. 
1214(f), agencies must seek approval from the Special Counsel to 
discipline employees for, among other activities, engaging in 
prohibited retaliation. Nothing in the No FEAR Act alters existing laws 
or permits an agency to take unfounded disciplinary action against a 
Federal employee or to violate the procedural rights of a Federal 
employee who has been accused of discrimination

Additional Information

    For further information regarding the No FEAR Act regulations, 
refer to 5 CFR Part 724, as well as the appropriate offices within your 
agency (e.g., EEO/civil rights office, human resources office or legal 
office). At the Department of Energy, please contact your local EEO/
diversity office, call the Headquarters Office of Civil Rights and 
Diversity at (202) 586-2218, or visit https://civilrights.doe.gov. 
Additional information regarding Federal antidiscrimination, 
whistleblower protection and retaliation laws can be found at the EEOC 
Web site--https://www.eeoc.gov and the OSC Web site--https://www.osc.gov.

Existing Rights Unchanged

    Pursuant to section 205 of the No FEAR Act, neither the Act nor 
this notice creates, expands or reduces any rights otherwise available 
to any employee, former employee or applicant under the laws of the 
United States, including the provisions of law specified in 5 U.S.C. 
2302(d).

    Issued in Washington, DC on October 4, 2006.
Poli A. Marmolejos,
Director, Office of Civil Rights and Diversity.
[FR Doc. E6-16748 Filed 10-10-06; 8:45 am]
BILLING CODE 6450-01-P

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