No FEAR Act Notice, 63761-63762 [E6-18236]

Download as PDF Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Notices at 10:30 a.m. on Thursday, November 2, 2006, the Federal Deposit Insurance Corporation’s Board of Directors will meet in closed session, pursuant to section 552b(c)(2), (c)(4), (c)(6), (c)(8), and (c)(9)(A)(ii), Title 5, United States Code, to consider matters relating to the Corporation’s supervisory and corporate activities. The meeting will be held in the Board Room on the sixth floor of the FDIC Building located at 550–17th Street, NW., Washington, DC. Requests for further information concerning the meeting may be directed to Mr. Robert E. Feldman, Assistant Executive Secretary of the Corporation, at (202) 898–7122. Dated: October 26, 2006. Federal Deposit Insurance Corporation. Valerie Best, Assistant Executive Secretary. [FR Doc. 06–9006 Filed 10–27–06; 12:51 pm] BILLING CODE 6714–01–M FEDERAL HOUSING FINANCE BOARD [No. 2006–N–09] No FEAR Act Notice AGENCY: Federal Housing Finance Board. cprice-sewell on PROD1PC66 with NOTICES ACTION: Notice. SUMMARY: Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, which is now known as the No FEAR Act, each agency must inform employees, former employees, and applicants for employment of the rights and protections available under Federal antidiscrimination and whistleblower protection laws. FOR FURTHER INFORMATION CONTACT: Gwen R. Grogan, Equal Employment Opportunity Director, grogang@fhfb.gov; 202–408–2892, or Federal Housing Finance Board, 1625 Eye Street NW., Washington, DC 20006. 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. See Pub. L. 107–174, 116 Stat. 566 (May 15, 2002), codified at 5 U.S.C. 2301 note. One purpose of the No FEAR Act is ‘‘to require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.’’ Pub. L. 107–174, Summary. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Pub. L. 107– VerDate Aug<31>2005 15:25 Oct 30, 2006 Jkt 211001 174, Title I, General Provisions, sec. 101(1). The No FEAR Act requires each agency to inform its employees, former employees, and applicants for employment of the rights and protections available to them under Federal antidiscrimination and whistleblower protection 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 either must contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission 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 (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 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 63761 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 the U.S. Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036–4505, or online through the U.S. Office of Special Counsel Web site at 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 the U.S. Office of Special Counsel 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 office, human resources office, or Office of General Counsel). Additional information regarding Federal antidiscrimination, whistleblower E:\FR\FM\31OCN1.SGM 31OCN1 63762 Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Notices protection, and retaliation laws can be found at the Equal Employment Opportunity Commission Web site at https://www.eeoc.gov and the U.S. Office of Special Counsel Web site at https:// www.osc.gov. 10. Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. 11. Austin L. Schmitt, Director of Operations. 12. Amy W. Larson, General Counsel. Existing Rights Unchanged BILLING CODE 6730–01–P 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). Dated: October 25, 2006. By the Federal Housing Finance Board. Gwen R. Grogan, Equal Employment Opportunity Director. [FR Doc. E6–18236 Filed 10–30–06; 8:45 am] BILLING CODE 6725–01–P FEDERAL MARITIME COMMISSION Performance Review Board Federal Maritime Commission. Notice. AGENCY: ACTION: SUMMARY: Notice is hereby given of the names of the members of the Performance Review Board. FOR FURTHER INFORMATION CONTACT: Harriette H. Charbonneau, Director of Human Resources, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573. SUPPLEMENTARY INFORMATION: Sec. 4314(c)(1) through (5) of title 5, U.S.C., requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more performance review boards. The board shall review and evaluate the initial appraisal of a senior executive’s performance by the supervisor, along with any recommendations to the appointing authority relative to the performance of the senior executive. cprice-sewell on PROD1PC66 with NOTICES Steven R. Blust, Chairman. Members of the Performance Review Board: 1. A. Paul Anderson, Commissioner. 2. Joseph E. Brennan, Commissioner. 3. Harold J. Creel, Jr., Commissioner. 4. Rebecca F. Dye, Commissioner. 5. Clay G. Guthridge, Administrative Law Judge. 6. Bryant L. VanBrakle, Secretary. 7. Bruce A. Dombrowski, Director of Administration. 8. Florence A. Carr, Director, Bureau of Trade Analysis. 9. Vern W. Hill, Director, Bureau of Enforcement. VerDate Aug<31>2005 17:02 Oct 30, 2006 Jkt 205001 [FR Doc. E6–18237 Filed 10–30–06; 8:45 am] FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 27, 2006. A. Federal Reserve Bank of Cleveland (Douglas A. Banks, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: 1. TriState Capital Holdings, Inc., Pittsburgh, Pennsylvania; to become a bank holding company by acquiring 100 percent of the voting shares of TriState Capital Bank, Pittsburgh, Pennsylvania (de novo bank). B. Federal Reserve Bank of Minneapolis (Jacqueline G. King, PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: 1. Charter Bankshares, Inc., Eau Claire, Wisconsin; to become a bank holding company by acquiring at least 90 percent of the voting shares of Charter Bank Eau Claire, Eau Claire, Wisconsin. Board of Governors of the Federal Reserve System, October 26, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6–18245 Filed 10–30–06; 8:45 am] BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM Sunshine Act Meeting Board of Governors of the Federal Reserve System. AGENCY HOLDING THE MEETING: 11:30 a.m., Monday, November 6, 2006. TIME AND DATE: Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, N.W., Washington, D.C. 20551. PLACE: STATUS: Closed. MATTERS TO BE CONSIDERED: 1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees. 2. Any items carried forward from a previously announced meeting. FOR FURTHER INFORMATION CONTACT: Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202–452–2955. You may call 202–452–3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board’s Web site at https:// www.federalreserve.gov for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. SUPPLEMENTARY INFORMATION: Board of Governors of the Federal Reserve System, October 27, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 06–9012 Filed 10–27–06; 2:45 pm] BILLING CODE 6210–01–S E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

Federal Housing Finance Board

[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Notices]
[Pages 63761-63762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18236]


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FEDERAL HOUSING FINANCE BOARD

[No. 2006-N-09]


No FEAR Act Notice

AGENCY: Federal Housing Finance Board.

ACTION: Notice.

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

SUMMARY: Under the Notification and Federal Employee Antidiscrimination 
and Retaliation Act of 2002, which is now known as the No FEAR Act, 
each agency must inform employees, former employees, and applicants for 
employment of the rights and protections available under Federal 
antidiscrimination and whistleblower protection laws.

FOR FURTHER INFORMATION CONTACT: Gwen R. Grogan, Equal Employment 
Opportunity Director, grogang@fhfb.gov; 202-408-2892, or Federal 
Housing Finance Board, 1625 Eye Street NW., Washington, DC 20006.

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. See Pub. L. 107-
174, 116 Stat. 566 (May 15, 2002), codified at 5 U.S.C. 2301 note. One 
purpose of the No FEAR Act is ``to require that Federal agencies be 
accountable for violations of antidiscrimination and whistleblower 
protection laws.'' Pub. L. 107-174, Summary. In support of this 
purpose, Congress found that ``agencies cannot be run effectively if 
those agencies practice or tolerate discrimination.'' Pub. L. 107-174, 
Title I, General Provisions, sec. 101(1). The No FEAR Act requires each 
agency to inform its employees, former employees, and applicants for 
employment of the rights and protections available to them under 
Federal antidiscrimination and whistleblower protection 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 either must contact an EEO 
counselor as noted above or give notice of intent to sue to the Equal 
Employment Opportunity Commission 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 (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. 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 U.S. Office of Special Counsel Web site at 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 the U.S. Office of 
Special Counsel 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 office, human resources office, or Office of General 
Counsel). Additional information regarding Federal antidiscrimination, 
whistleblower

[[Page 63762]]

protection, and retaliation laws can be found at the Equal Employment 
Opportunity Commission Web site at https://www.eeoc.gov and the U.S. 
Office of Special Counsel Web site at 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).

    Dated: October 25, 2006.

    By the Federal Housing Finance Board.

Gwen R. Grogan,
Equal Employment Opportunity Director.
 [FR Doc. E6-18236 Filed 10-30-06; 8:45 am]
BILLING CODE 6725-01-P

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