No FEAR Act Notice, 62472-62473 [E6-17847]

Download as PDF 62472 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices When requesting notification of or access to records covered by this notice, an individual should provide his/her full name, date of birth, agency name, and work location. An individual requesting notification of records in person must provide identity documents sufficient to satisfy the custodian of the records that the requester is entitled to access, such as a government-issued photo ID. Record access procedures: Same as notification procedures. Requesters also should reasonably specify the record contents being sought. Rules regarding access to Privacy Act records appear in 41 CFR part 105–64. If additional information or assistance is required, contact the GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street NW, Washington, DC 20405; telephone (202) 501–1452. Contesting record procedures: Same as notification procedures. Requesters also should reasonably identify the record, specify the information they are contesting, state the corrective action sought and the reasons for the correction, along with supporting justification showing why the record is not accurate, timely, relevant, or complete. Rules regarding amendment of Privacy Act records appear in 41 CFR part 105–64. If additional information or assistance is required, contact the GSA Privacy Act Officer. Record source categories: Employee, contractor, or applicant; sponsoring agency; former sponsoring agency; other Federal agencies; contract employer; former employer. Exemptions claimed for the system: None. Counsel, Office of General Counsel and Legal Policy, Office of Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 20005– 3917; OGE Internet E-mail: usoge@oge.gov (for E-mail messages, the subject line should include the following reference—‘‘No FEAR Act Notice’’); Telephone: 202–482–9274; TDD: 202–482–9293; FAX: 202–482– 9237. A copy of the No FEAR Act Notice will be posted on OGE’s Web site (https://www.usoge.gov). Persons who cannot access this No FEAR Act notice through the Internet may request a paper or electronic copy by contacting Mr. Salamone at the address, E-mail address, telephone numbers, or FAX number listed above. 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. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Public Law 107–174, Section 101(1), 116 Stat. 566. The Act also requires this Agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform them of the rights and protections available to them under Federal antidiscrimination, whistleblower protection, and retaliation laws. [FR Doc. E6–17896 Filed 10–24–06; 8:45 am] Antidiscrimination Laws BILLING CODE 6820–34–S 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. If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, 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, OFFICE OF GOVERNMENT ETHICS No FEAR Act Notice AGENCY: Office of Government Ethics (OGE). mstockstill on PROD1PC61 with NOTICES ACTION: Notice. SUMMARY: The Office of Government Ethics is publishing this notice under the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,’’ which is known as the No FEAR Act, to inform current employees, former employees, and applicants for OGE employment of the rights and protections available to them under Federal antidiscrimination, whistleblower protection and retaliation laws. FOR FURTHER INFORMATION CONTACT: Vincent J. Salamone, Associate General VerDate Aug<31>2005 15:12 Oct 24, 2006 Jkt 211001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 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) at 1730 M Street, NW., Suite 218, Washington, DC 20036–4505 or online through the OSC Web site—https://www.osc.gov. 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. 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 OSC 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 E:\FR\FM\25OCN1.SGM 25OCN1 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices the Antidiscrimination Laws and Whistleblower Protection Laws or, if applicable, the administrative or negotiated grievance procedures in order to pursue any legal remedy. DEPARTMENT OF HEALTH AND HUMAN SERVICES Disciplinary Actions Office of the National Coordinator for Health Information Technology; American Health Information Community Biosurveillance Workgroup Meeting 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. SUMMARY: This notice announces the eleventh meeting of the American Health Information Community Biosurveillance Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C., App.) DATES: November 9, 2006, from 1 p.m. to 5 p.m. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090 (please bring photo ID for entry to a Federal building). Additional Information Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090 (please bring photo ID for entry to a Federal building). FOR FURTHER INFORMATION CONTACT: https://www.hhs.gov/healthit/ahic/ cps_main.html. SUPPLEMENTARY INFORMATION: Workgroup members will continue to discuss the issues surrounding identity proofing and user authentication in preparation for the December 12th American Health Information Community meeting. The meeting will be available via Web cast at https://www.hhs.gov/healthit/ ahic/cps_instruct.html. ADDRESSES: SUPPLEMENTARY 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 Office of Government Ethics, the Equal Employment Opportunity Officer is Grace A. Clark and she may be contacted by telephone at 202–482– 9225, TDD at 202–482–9293, E-mail at gaclark@oge.gov or by FAX at 202–482– 9238. 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). mstockstill on PROD1PC61 with NOTICES 62473 Approved: October 17, 2006. Robert I. Cusick, Director, Office of Government Ethics. [FR Doc. E6–17847 Filed 10–24–06; 8:45 am] BILLING CODE 6345–02–P VerDate Aug<31>2005 15:12 Oct 24, 2006 Jkt 211001 ACTION: Announcement of meeting. FOR FURTHER INFORMATION CONTACT: https://www.hhs.gov/healthit/ahic/ bio_main.html. The Workgroup will continue reviewing and discussing the ‘‘Biosurveillance Priority Area Matrix,’’ and further review information on a Minimum Data Set from the Data Steering Group. The meeting will be available via Web cast at https://www.hhs.gov/healthit/ ahic/bio_instruct.html. Dated: October 12, 2006. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. 06–8858 Filed 10–24–06; 8:45 am] BILLING CODE 4150–24–M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Confidentiality, Privacy and Security Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the fifth meeting of the American Health Information Community Confidentiality, Privacy and Security Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C., App.) DATES: November 13, 2006, from 1 p.m. to 4 p.m. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Dated: October 17, 2006. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. 06–8859 Filed 10–24–06; 8:45 am] BILLING CODE 4150–24–M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day–07–0638] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention (CDC) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404–639–5960 and send comments to Seleda Perryman, CDC Assistant Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to omb@cdc.gov. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Notices]
[Pages 62472-62473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17847]


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OFFICE OF GOVERNMENT ETHICS


No FEAR Act Notice

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: The Office of Government Ethics is publishing this notice 
under the ``Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002,'' which is known as the No FEAR Act, to inform 
current employees, former employees, and applicants for OGE employment 
of the rights and protections available to them under Federal 
antidiscrimination, whistleblower protection and retaliation laws.

FOR FURTHER INFORMATION CONTACT: Vincent J. Salamone, Associate General 
Counsel, Office of General Counsel and Legal Policy, Office of 
Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917; OGE Internet E-mail: usoge@oge.gov (for E-mail messages, 
the subject line should include the following reference--``No FEAR Act 
Notice''); Telephone: 202-482-9274; TDD: 202-482-9293; FAX: 202-482-
9237. A copy of the No FEAR Act Notice will be posted on OGE's Web site 
(https://www.usoge.gov). Persons who cannot access this No FEAR Act 
notice through the Internet may request a paper or electronic copy by 
contacting Mr. Salamone at the address, E-mail address, telephone 
numbers, or FAX number listed above.

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. In 
support of this purpose, Congress found that ``agencies cannot be run 
effectively if those agencies practice or tolerate discrimination.'' 
Public Law 107-174, Section 101(1), 116 Stat. 566. The Act also 
requires this Agency to provide this notice to Federal employees, 
former Federal employees and applicants for Federal employment to 
inform them of the rights and protections available to them under 
Federal antidiscrimination, whistleblower protection, and retaliation 
laws.

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.
    If you believe that you have been the victim of unlawful 
discrimination on the basis of race, color, religion, sex, 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) at 1730 
M Street, NW., Suite 218, Washington, DC 20036-4505 or online through 
the OSC Web site--https://www.osc.gov. 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. 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 OSC 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

[[Page 62473]]

the Antidiscrimination Laws and Whistleblower Protection Laws 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 Office of Government Ethics, the Equal Employment 
Opportunity Officer is Grace A. Clark and she may be contacted by 
telephone at 202-482-9225, TDD at 202-482-9293, E-mail at 
gaclark@oge.gov or by FAX at 202-482-9238.
    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).

    Approved: October 17, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E6-17847 Filed 10-24-06; 8:45 am]
BILLING CODE 6345-02-P

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