Notification and Obligation of the Federal Employee Antidiscrimination and Retaliation Act of 2002, 67620-67621 [06-9361]

Download as PDF 67620 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices By order of the Board of Governors of the Federal Reserve System, November 14, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 06–9333 Filed 11–21–06; 8:45 am] BILLING CODE 6210–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Notification and Obligation of the Federal Employee Antidiscrimination and Retaliation Act of 2002 Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. pwalker on PROD1PC61 with NOTICES AGENCY: SUMMARY: This notice announces the notification and obligation of the Federal Employee Antidiscrimination and Retaliation Act of 2002 (No Fear Act). This notice is in compliance with the notification provisions set forth in Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002. The No FEAR Act requires that all Federal agencies publish an initial notice in the Federal Register informing Federal employees, former Federal employees, and applicants of the rights and protections available to them under Federal antidiscrimination and whistleblower protection laws. EFFECTIVE DATE: This notice is effective on September 18, 2006. FOR FURTHER INFORMATION CONTACT: Arlene E. Austin, Director, Office of Equal Opportunity and Civil Rights, at (410) 786–5110 (voice), (410) 786–9549 (fax), or (410) 786–2456 (TTY); or Anita Pinder, Special Assistant, Office of Equal Opportunity and Civil Rights, at (410) 786–5493 (voice), (410) 786–9549 (fax), or (410) 786–2456 (TTY) (These are not toll free numbers). Special Accomodations: This notice also is available in the following formats: Large print, audio tape, electronic file on computer disk, and on CMS’s Web page https:// www.cms.hhs.gov. Requests for this notice in an alternative format should be made to CMS’s Office of Strategic Operations and Regulatory Affairs, Regulations Development Group at 1– 800–743–3951 (voice), 1–866–226–1819 (TTY), or (410) 786–3064 (fax) (The fax is not a toll free number). 62 Network diversity supplemental charge of $1,000 a month may apply in addition to these fees. VerDate Aug<31>2005 22:25 Nov 21, 2006 Jkt 211001 Additional Information: For additional information regarding the No FEAR Act regulations, refer to 5 CFR part 724, as well as the appropriate offices within your agency (for example, Office of Equal Opportunity and Civil Rights at 410–786–5110). 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. SUPPLEMENTARY INFORMATION: (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 this Agency’s administrative or negotiated grievance procedures, if such procedures apply and are available. I. Background On May 15, 2002, the 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, the Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ The No Fear Act also requires all agencies to provide this notice to Federal employees, former Federal employees, and applicants for Federal employment to inform employees or applicants of the rights and protections available under the Federal antidiscrimination and whistleblower protection laws. III. Whistleblower Protection Laws A Federal employee who has authority with respect to personnel actions must not take 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 the information is specifically prohibited by law and the 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. II. 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 this Agency. See, for example, 29 CFR 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 IV. 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. V. 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 E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices 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. VI. 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). Authority: Title II of the No FEAR Act, Public Law 107–174; 5 CFR Part 724. Dated: November 17, 2006. Leslie Norwalk, Acting Administrator. [FR Doc. 06–9361 Filed 11–17–06; 4:32 pm] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2004D–0002] Guidance for Industry and Food and Drug Administration Staff; Saline, Silicone Gel, and Alternative Breast Implants; Availability AGENCY: Food and Drug Administration, HHS. pwalker on PROD1PC61 with NOTICES ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ‘‘Saline, Silicone Gel, and Alternative Breast Implants.’’ This version of the guidance document updates preclinical, clinical, and labeling recommendations described in ‘‘Guidance for Saline, Silicone Gel, and Alternative Breast Implants,’’ dated January 13, 2004. The update is based on the latest scientific and medical information on breast implants, and clarifies the type and amount of scientific data that should be submitted to allow FDA to evaluate whether these devices are safe and effective. DATES: Submit written or electronic comments on this guidance at any time. VerDate Aug<31>2005 22:25 Nov 21, 2006 Jkt 211001 General comments on agency guidance documents are welcome at any time. ADDRESSES: Submit written requests for single copies of the guidance document entitled ‘‘Saline, Silicone Gel, and Alternative Breast Implants’’ to the Division of Small Manufacturers, International, and Consumer Assistance (HFZ–220), Center for Devices and Radiological Health, Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send one selfaddressed adhesive label to assist that office in processing your request, or fax your request to 240–276–3151. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. Submit written comments concerning this guidance to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to https:// www.fda.gov/dockets/ecomments. Identify comments with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Nada Hanafi, Center for Devices and Radiological Health (HFZ–410), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 301–594–3090, ext. 144. SUPPLEMENTARY INFORMATION: I. Background On January 13, 2004, FDA issued a draft guidance document entitled, ‘‘Saline, Silicone Gel, and Alternative Breast Implants’’ to clarify the type and amount of scientific data that should be submitted to allow FDA to evaluate whether these devices are safe and effective. The comment period closed on April 12, 2004. FDA received over 50 comments. FDA is now issuing a finalized update to this guidance document that reflects the latest scientific and medical thinking pertaining to breast implants, and is based on the April 2005 General and Restorative Devices Panel meeting, FDA’s review of two premarket approval applications for silicone gel-filled breast implants, and comments received on the 2004 draft guidance document. The primary changes to the guidance document since the 2004 draft version are to the Mechanical Data, Device Explant Analyses (formerly Modes and Causes of Rupture), and Core Study Clinical Data sections. FDA also combined the former two clinical sections. Some of the recommendations in this guidance document apply to all premarket approval applications for these devices, while others are specific PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 67621 to a type of breast implant (i.e., silicone gel-filled, saline-filled, or alternative). This guidance document supercedes ‘‘Guidance for Saline, Silicone Gel, and Alternative Breast Implants,’’ dated February 11, 2003. II. Significance of Guidance This guidance is being issued consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The guidance represents the agency’s current thinking on ‘‘Saline, Silicone Gel, and Alternative Breast Implants.’’ It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statute and regulations. III. Electronic Access Persons interested in obtaining a copy of the guidance may do so by using the Internet. To receive ‘‘Saline, Silicone Gel, and Alternative Breast Implants,’’ you may either send an e-mail request to dsmica@fda.hhs.gov to receive an electronic copy of the document or send a fax request to 240–276–3151 to receive a hard copy. Please use the document number 1239 to identify the guidance you are requesting. CDRH maintains an entry on the Internet for easy access to information including text, graphics, and files that may be downloaded to a personal computer with Internet access. Updated on a regular basis, the CDRH home page includes device safety alerts, Federal Register reprints, information on premarket submissions (including lists of approved applications and manufacturers’ addresses), small manufacturer’s assistance, information on video conferencing and electronic submissions, Mammography Matters, and other device-oriented information. The CDRH web site may be accessed at https://www.fda.gov/cdrh. A search capability for all CDRH guidance documents is available at https:// www.fda.gov/cdrh/guidance.html. Guidance documents are also available on the Division of Dockets Management Internet site at https://www.fda.gov/ ohrms/dockets. IV. Paperwork Reduction Act of 1995 This guidance contains information collection provisions that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501–3520). The collections of information addressed in the guidance document have been approved by OMB in accordance with the PRA under the E:\FR\FM\22NON1.SGM 22NON1

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[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Pages 67620-67621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9361]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Notification and Obligation of the Federal Employee 
Antidiscrimination and Retaliation Act of 2002

AGENCY:  Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice.

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

SUMMARY: This notice announces the notification and obligation of the 
Federal Employee Antidiscrimination and Retaliation Act of 2002 (No 
Fear Act). This notice is in compliance with the notification 
provisions set forth in Title II of the Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002. The No FEAR 
Act requires that all Federal agencies publish an initial notice in the 
Federal Register informing Federal employees, former Federal employees, 
and applicants of the rights and protections available to them under 
Federal antidiscrimination and whistleblower protection laws.

EFFECTIVE DATE: This notice is effective on September 18, 2006.

FOR FURTHER INFORMATION CONTACT: Arlene E. Austin, Director, Office of 
Equal Opportunity and Civil Rights, at (410) 786-5110 (voice), (410) 
786-9549 (fax), or (410) 786-2456 (TTY); or Anita Pinder, Special 
Assistant, Office of Equal Opportunity and Civil Rights, at (410) 786-
5493 (voice), (410) 786-9549 (fax), or (410) 786-2456 (TTY) (These are 
not toll free numbers).
    Special Accomodations: This notice also is available in the 
following formats: Large print, audio tape, electronic file on computer 
disk, and on CMS's Web page https://www.cms.hhs.gov. Requests for this 
notice in an alternative format should be made to CMS's Office of 
Strategic Operations and Regulatory Affairs, Regulations Development 
Group at 1-800-743-3951 (voice), 1-866-226-1819 (TTY), or (410) 786-
3064 (fax) (The fax is not a toll free number).
    Additional Information: For additional information regarding the No 
FEAR Act regulations, refer to 5 CFR part 724, as well as the 
appropriate offices within your agency (for example, Office of Equal 
Opportunity and Civil Rights at 410-786-5110). 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.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 15, 2002, the 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, the Congress found that ``agencies cannot be run 
effectively if those agencies practice or tolerate discrimination.'' 
The No Fear Act also requires all agencies to provide this notice to 
Federal employees, former Federal employees, and applicants for Federal 
employment to inform employees or applicants of the rights and 
protections available under the Federal antidiscrimination and 
whistleblower protection laws.

II. 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 this Agency. See, for example, 29 CFR 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) (see contact information below). In the 
alternative (or in some cases, in addition), you may pursue a 
discrimination complaint by filing a grievance through this Agency's 
administrative or negotiated grievance procedures, if such procedures 
apply and are available.

III. Whistleblower Protection Laws

    A Federal employee who has authority with respect to personnel 
actions must not take 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 the information is specifically prohibited by law and the 
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.

IV. 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.

V. 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

[[Page 67621]]

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.

VI. 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).

    Authority: Title II of the No FEAR Act, Public Law 107-174; 5 
CFR Part 724.

    Dated: November 17, 2006.
Leslie Norwalk,
Acting Administrator.
[FR Doc. 06-9361 Filed 11-17-06; 4:32 pm]
BILLING CODE 4120-01-P

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