No FEAR Act Notice, 66558-66559 [E6-19278]

Download as PDF 66558 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices United States Department of Labor; Office of the Secretary, Washington, DC Certification of States to the Secretary of the Treasury Pursuant to Section 3304(c) of the Internal Revenue Code of 1986 In accordance with the provisions of Section 3304(c) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(c)), I hereby certify the following named States to the Secretary of the Treasury for the 12-month period ending on October 31, 2006, in regard to the unemployment compensation laws of those States which heretofore have been approved under the Federal Unemployment Tax Act: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming SUMMARY: The Notification and Federal Employee Antidiscrimination Act of 2002 (No FEAR Act) requires that each Federal agency provide notice to all employees, former employees, and applicants for employment about the rights and remedies available under Antidiscrimination laws and Whistleblower protection laws applicable to them. By this document, the Federal Mine Safety and Health Review Commission (the Commission) fulfills the requirement to publish the initial notice in the Federal Register. DATES: This notice is effective November 17, 2006. FOR FURTHER INFORMATION CONTACT: Elizabeth Ebner, EEO Director, Federal 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 [FR Doc. 06–9202 Filed 11–14–06; 8:45 am] BILLING CODE 4510–30–P FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION United States Department of Labor; Office of the Secretary, Washington, DC Certification of State Unemployment Compensation Laws to the Secretary of the Treasury Pursuant to Section 3303(b)(1) of the Internal Revenue Code of 1986 rmajette on PROD1PC67 with NOTICES1 AGENCY: Secretary of Labor. Secretary of Labor. In accordance with the provisions of paragraph (1) of Section 3303(b) of the Internal Revenue Code of 1986 (26 U.S.C. 3303(b)(1)), I hereby certify the unemployment compensation laws of the following named States, which heretofore have been certified pursuant to paragraph (3) of Section 3303(b) of Mine Safety and Health Review Commission, 601 New Jersey Avenue, NW., Suite 9500, Washington, DC 20001, telephone 202–434–9935; FAX: 202–434–9944. SUPPLEMENTARY INFORMATION: The ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002’’ was passed to require that Federal agencies be accountable for violations of discrimination and whistleblower protection laws. The Act recognized that agencies cannot be run effectively if those agencies practice or tolerate discrimination. This notice serves to notify all of the Commission’s employees, former employees, and applicants about the rights and remedies available under the Antidiscrimination Laws and Whistleblower Protection Laws applicable to them. No Fear Act Notice On May 15, 2002, Congress enacted the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,’’ Public Law 107–174, 116 Stat. 566, 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. Elaine L. Chao, Elaine L. Chao, Jkt 211001 Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming Signed at Washington, DC, on October 31, 2006. Signed at Washington, DC, on October 31, 2006. 15:00 Nov 14, 2006 Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana This certification is for the maximum additional credit allowable under Section 3302(b) of the Code. This certification is for the maximum normal credit allowable under Section 3302(a) of the Code. VerDate Aug<31>2005 the Code, to the Secretary of the Treasury for the 12-month period ending on October 31, 2006: No FEAR Act Notice Federal Mine Safety and Health Review Commission. ACTION: Notice. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1 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-http://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—http:// www.eeoc.gov and the OSC Web site— http://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 http:// 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

Agencies

[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66558-66559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19278]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


No FEAR Act Notice

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Notice.

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SUMMARY: The Notification and Federal Employee Antidiscrimination Act 
of 2002 (No FEAR Act) requires that each Federal agency provide notice 
to all employees, former employees, and applicants for employment about 
the rights and remedies available under Antidiscrimination laws and 
Whistleblower protection laws applicable to them. By this document, the 
Federal Mine Safety and Health Review Commission (the Commission) 
fulfills the requirement to publish the initial notice in the Federal 
Register.

DATES: This notice is effective November 17, 2006.

FOR FURTHER INFORMATION CONTACT: Elizabeth Ebner, EEO Director, Federal 
Mine Safety and Health Review Commission, 601 New Jersey Avenue, NW., 
Suite 9500, Washington, DC 20001, telephone 202-434-9935; FAX: 202-434-
9944.

SUPPLEMENTARY INFORMATION: The ``Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002'' was passed to require 
that Federal agencies be accountable for violations of discrimination 
and whistleblower protection laws. The Act recognized that agencies 
cannot be run effectively if those agencies practice or tolerate 
discrimination. This notice serves to notify all of the Commission's 
employees, former employees, and applicants about the rights and 
remedies available under the Antidiscrimination Laws and Whistleblower 
Protection Laws applicable to them.

No Fear Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002,'' Public Law 
107-174, 116 Stat. 566, 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.

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

[[Page 66559]]

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.

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-http://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 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--http://www.eeoc.gov and the OSC Web 
site--http://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]
BILLING CODE 6735-01-P