No FEAR Act Notice, 66559-66560 [06-9195]

Download as PDF Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices 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. At the Commission, you must contact the EEO Director within the 45 day limit, who will arrange for an EEO counselor to notify you. If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact the EEO Director 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. rmajette on PROD1PC67 with NOTICES1 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 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 VerDate Aug<31>2005 15:00 Nov 14, 2006 Jkt 211001 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 office of the EEO Director within your agency. 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 provision of law specified in 5 U.S.C. 2302(d). Dated: November 9, 2006. Thomas A. Stock, Executive Director, Federal Mine Safety and Health Review Commission. [FR Doc. E6–19278 Filed 11–14–06; 8:45 am] NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES No FEAR Act Notice Institute of Museum and Library Services (IMLS), National AGENCY: Frm 00064 Fmt 4703 Foundation on the Arts and the Humanities. ACTION: Notice. SUMMARY: The Institute of Museum and Library Services 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 IMLS employment of the rights and protections available to them under Federal antidiscrimination, whistleblower protection and retaliation laws. FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel, Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC 20036. IMLS Internet email: nweiss@imls.gov (for e-mail messages, the subject line should include the following reference—‘‘No FEAR Act Notice’’); Telephone: 202– 653–4640; fax: 202–653–4625. A copy of the No FEAR Act Notice will be posted on IMLS’s Web site https:// www.IMLS.gov). Persons who cannot access this No FEAR Act Notice through the Internet may request a paper or electronic copy by contacting Ms. Weiss 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 BILLING CODE 6735–01–P PO 00000 66559 Sfmt 4703 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 E:\FR\FM\15NON1.SGM 15NON1 66560 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices rmajette on PROD1PC67 with NOTICES1 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 beleive that you have been a 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, VerDate Aug<31>2005 15:00 Nov 14, 2006 Jkt 211001 Washington, DC 20036–4505 or online through the OSC Web site https:// www.osc.gov. Retaliation for Engaging in Protected Activity Approved: November 7, 2006. Anne-Imelda M. Radice, Director, Institute of Museum and Library Services. [FR Doc. 06–9195 Filed 11–14–06; 8:45 am] BILLING CODE 7036–01–M 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 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, please refer to 5 CFR part 724, as well as the appropriate offices and officers within the Institute of Museum and Library Services (e.g., EEO/civil rights officer, human resources office or legal office). 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). PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards Subcommittee Meeting on Planning and Procedures; Notice of Meeting The ACRS Subcommittee on Planning and Procedures will hold a meeting on December 6, 2006, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: Wednesday, December 6, 2006, 10 a.m.–11:30 a.m. The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Sam Duraiswamy (telephone: 301–415–7364) between 7:30 a.m. and 4 p.m. (ET) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:30 a.m. and 4:15 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes in the agenda. Dated: November 8, 2006. Antonio F. Dias, Acting Branch Chief, ACRS/ACNW. [FR Doc. E6–19233 Filed 11–14–06; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\15NON1.SGM 15NON1

Agencies

National Foundation on the Arts and the Humanities

[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66559-66560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9195]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


No FEAR Act Notice

AGENCY: Institute of Museum and Library Services (IMLS), National 
Foundation on the Arts and the Humanities.

ACTION: Notice.

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

SUMMARY: The Institute of Museum and Library Services 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 IMLS employment of the rights and protections available 
to them under Federal antidiscrimination, whistleblower protection and 
retaliation laws.

FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel, 
Institute of Museum and Library Services, 1800 M Street, NW., 9th 
Floor, Washington, DC 20036. IMLS Internet e-mail: nweiss@imls.gov (for 
e-mail messages, the subject line should include the following 
reference--``No FEAR Act Notice''); Telephone: 202-653-4640; fax: 202-
653-4625. A copy of the No FEAR Act Notice will be posted on IMLS's Web 
site https://www.IMLS.gov). Persons who cannot access this No FEAR Act 
Notice through the Internet may request a paper or electronic copy by 
contacting Ms. Weiss 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

[[Page 66560]]

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 beleive that you have been a 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 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, 
please refer to 5 CFR part 724, as well as the appropriate offices and 
officers within the Institute of Museum and Library Services (e.g., 
EEO/civil rights officer, human resources office or legal office). 
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: November 7, 2006.
Anne-Imelda M. Radice,
Director, Institute of Museum and Library Services.
[FR Doc. 06-9195 Filed 11-14-06; 8:45 am]
BILLING CODE 7036-01-M

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