No FEAR Act Notice, 66558-66559 [E6-19278]
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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-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
]]>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]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
No FEAR Act Notice
AGENCY: Federal Mine Safety and Health Review Commission.
ACTION: Notice.
-----------------------------------------------------------------------
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-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 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]
BILLING CODE 6735-01-P
