No FEAR Act Notice, 67197-67198 [E6-19594]

Download as PDF Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices undertaken during the reporting period and explain costs incurred under each item presented in the Grant Agreement. Grantees will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. (Please refer to IV. Application and Submission Instructions (IV.3.d.3) above for Program Monitoring and Evaluation information. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. All reports must be sent to the ECA Grants Officer and ECA Program Officer listed in the final assistance award document. VII. Agency Contacts For questions about this announcement, contact: Coleen Gatehouse, Educational Information and Resources Branch, ECA/A/S/A, Room 349, ECA/A/S/A–07–10, U.S. Department of State, SA–44, 301 4th Street, SW., Washington, DC 20547, tel: 202–453–8887, fax: 202–453–8890, gatehousecn@state.gov. All correspondence with the Bureau concerning this RFGP should reference the above title and number ECA/A/S/A– 07–10. Please read the complete Federal Register announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. VIII. Other Information: Notice sroberts on PROD1PC70 with NOTICES The terms and conditions published in this RFGP are binding and may not be modified by any Bureau representative. Explanatory information provided by the Bureau that contradicts published language will not be binding. Issuance of the RFGP does not constitute an award commitment on the part of the Government. The Bureau reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the program and the availability of funds. Awards made will be subject to periodic reporting and evaluation requirements per section VI.3 above. Dated: November 13, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E6–19595 Filed 11–17–06; 8:45 am] BILLING CODE 4710–05–P VerDate Aug<31>2005 17:10 Nov 17, 2006 Jkt 211001 DEPARTMENT OF STATE [Public Notice 5615] No FEAR Act Notice SUMMARY: Pursuant to the requirements of 5 CFR 724.202, (‘‘Notice obligations’’), the U.S. Department of State hereby publishes this No FEAR Act Notice. The purpose of the Notice is to inform Department employees, former employees, and applicants for employment of the rights and protections available under Federal antidiscrimination and whistleblower protection laws. This Notice follows the model language provided by the Office of Personnel Management in the Final Rule, Implementation of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002—Notification & Training (71 FR 41095). Any questions regarding this notice should be directed to Janice F. Caramanica, Senior Attorney-Advisor, U.S. Department of State, Office of Civil Rights (S/OCR), 2201 C Street, NW., Room 7428, Washington, DC 20520– 7428, phone (202) 647–9295, fax (202) 647–4969, e-mail caramanicajf@state.gov. 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.’’ 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. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 67197 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 and the Office of Civil Rights Web site at https:// www.state.gov/s/ocr. 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) (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 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. E:\FR\FM\20NON1.SGM 20NON1 67198 Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices 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. sroberts on PROD1PC70 with NOTICES 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). 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). Dated: November 11, 2006. Harry K. Thomas, Jr., Executive Secretary, Department of State. [FR Doc. E6–19594 Filed 11–17–06; 8:45 am] BILLING CODE 4710–10–P VerDate Aug<31>2005 17:10 Nov 17, 2006 Jkt 211001 DEPARTMENT OF STATE [Public Notice 5614] Eligibility for Participation in Summer Work Travel Programs Department of State. Notice. AGENCY: ACTION: SUMMARY: Pursuant to statutory authority granted the Department of State by Public Law 105–277, foreign post-secondary students participating in a cultural exchange program may be eligible to enter the United States to work and travel during their summer vacations from studies. To be eligible for participation in these programs, foreign students must be selected, screened, placed, and monitored by Departmentdesignated organizations that are authorized to conduct educational and cultural exchange programs. These programs further the public diplomacy efforts of the United States by providing participants with the opportunity to experience the United States and its people. Participation in these programs is dependent upon student status. For the purpose of determining program eligibility, designated program sponsors may select for program participation only those potential participants who are currently enrolled and participating full-time in post-secondary studies at the time of application. This certification will be published in the Federal Register. Dated: November 9, 2006. Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, Department of State. [FR Doc. E6–19593 Filed 11–17–06; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26304] Agency Information Collection Activities; Revision of Approved Information Collections: OMB Control Numbers 2126–0010 (Motor Carrier Safety Assistance Program); 2126– 0011 (Commercial Driver Licensing and Test Standards); and 2126–0025 (Transportation of Household Goods; Consumer Protection) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; request for comments. AGENCY: SUMMARY: FMCSA invites public comment on its intent to request PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 approval from the Office of Management and Budget (OMB) to revise three (3) information collections (ICs), entitled ‘‘Motor Carrier Safety Assistance Program’’ (2126–0010), ‘‘Commercial Driver Licensing and Test Standards’’ (2126–0011), and ‘‘Transportation of Household Goods; Consumer Protection’’ (2126–0025). These ICs are necessary to ensure that motor carriers comply with changes made by various provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995 and implementing regulations at 5 CFR 1320.10. Comments must be submitted on or before January 19, 2007. ADDRESSES: You may mail or hand deliver comments to the U.S. Department of Transportation, Dockets Management Facility, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590; telefax comments to 202/ 493–2251; or submit them electronically at https://dms.dot.gov. All comments should include the docket number in this notice’s heading. All comments may be examined and copied at the above address from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you desire a receipt you must include a self-addressed stamped envelope or postcard or, if you submit your comments electronically, you may print the acknowledgment. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register on April 11, 2000 (65 FR 19477), or you may visit https://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Mr. Frederic L. Wood, Office of Chief Counsel, Regulatory Affairs Division (MC–CCR), Federal Motor Carrier Safety Administration, Room 8201, 400 Seventh Street, SW., Washington, DC 20590; telephone (202) 366–0834. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: The information stated below reflects the proposed changes and the new total annual burden hours for each. (1) Title: Motor Carrier Safety Assistance Program. FMCSA IC: OMB Control No. 2126– 0010. DATES: E:\FR\FM\20NON1.SGM 20NON1

Agencies

DEPARTMENT OF STATE

[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Notices]
[Pages 67197-67198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19594]


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

DEPARTMENT OF STATE

[Public Notice 5615]


No FEAR Act Notice

SUMMARY: Pursuant to the requirements of 5 CFR 724.202, (``Notice 
obligations''), the U.S. Department of State hereby publishes this No 
FEAR Act Notice. The purpose of the Notice is to inform Department 
employees, former employees, and applicants for employment of the 
rights and protections available under Federal antidiscrimination and 
whistleblower protection laws. This Notice follows the model language 
provided by the Office of Personnel Management in the Final Rule, 
Implementation of Title II of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002--Notification & Training 
(71 FR 41095). Any questions regarding this notice should be directed 
to Janice F. Caramanica, Senior Attorney-Advisor, U.S. Department of 
State, Office of Civil Rights (S/OCR), 2201 C Street, NW., Room 7428, 
Washington, DC 20520-7428, phone (202) 647-9295, fax (202) 647-4969, e-
mail caramanicajf@state.gov.
    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.'' 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 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 and the Office of Civil Rights Web site at https://www.state.gov/s/
ocr.
    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) (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 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.

[[Page 67198]]

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 appropriate offices within your 
agency (e.g., EEO/civil rights office, 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).

    Dated: November 11, 2006.
Harry K. Thomas, Jr.,
Executive Secretary, Department of State.
 [FR Doc. E6-19594 Filed 11-17-06; 8:45 am]
BILLING CODE 4710-10-P

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