No FEAR Act, 1702-1703 [E9-376]

Download as PDF 1702 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices Committee will hold a teleconference call on January, 26, 2009, to discuss implementation efforts associated with the Next Generation of the Homeland Security Information Network. This notice supersedes the notice announcing a teleconference meeting scheduled to take place on January 13, 2009. No teleconference call will take place on January 13, 2009. Teleconference call dates may be subject to change. Please contact Niklaus Welter in advance of the call to confirm that the call will take place. DATES: The teleconference call will take place on Monday, 26 January, 2009, at2– 3 p.m. EST. ADDRESSES: Members of the public may monitor the call by calling 1–800–882– 3610 (Domestic Callers) or 1–412–380– 2000 (International Callers), to be followed by this PIN 1782344#. Members of the public are welcome to monitor the call; however, the number of teleconference lines is limited and available on a first-come, first-served basis. Questions or Comments must be identified by DHS–2009–0001 and may be submitted by one of the following methods: • Federal eRulemaking Portal: • https://www.regulations.gov. Follow the instructions for submitting questions or comments. • E-mail: Niklaus.Welter@dhs.gov. Include the docket number, DHS–2009– 0001 in the subject line of the message. • Fax: 202–282–8806. • Mail: Niklaus Welter, Department of Homeland Security, 245 Murray Lane, SW., Building 410, Washington, DC 20528. Instructions: All submissions received must include the words ‘‘Department of Homeland Security’’ and the docket number for this action. Comments received will be posted without alteration at https://www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received by the Homeland Security Information Network Advisory Committee, go to https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Niklaus Welter, 245 Murray Lane, SW., Bldg 410, Washington, DC 20528, Niklaus.Welter@dhs.gov, 202–282–8336, fax 202–282–8806. SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92–463). This notice supersedes the notice published on January 07, 2009 (Docket No. DHS–2008–0204), announcing a teleconference meeting VerDate Nov<24>2008 19:10 Jan 12, 2009 Jkt 217001 scheduled to take place on January 13, 2009. No teleconference call will take place on January 13, 2009. The Homeland Security Information Network Advisory Committee will have a conference call on January 26, 2009, to discuss implementation efforts associated with the Next Generation of the Homeland Security Information Network. The Homeland Security Information Network Advisory Committee provides advice and recommendations to the Secretary through the Director, Operations Coordination and Planning on matters relating to gathering and incorporating user requirements into the Homeland Security Information Network. The Committee will discuss the above issues from approximately 2–3 p.m. EST. Teleconference Call dates may be subject to change. Please contact Niklaus Welter in advance of the call to confirm that the call will take place. The chairperson of the Homeland Security Information Network Advisory Committee shall conduct the teleconference in a way that will, in his judgment, facilitate the orderly conduct of business. Please note that the teleconference may end early if all business is completed. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Niklaus Welter as soon as possible. Roger T. Rufe, Jr., Director, Operations Coordination and Planning. [FR Doc. E9–445 Filed 1–12–09; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF HOMELAND SECURITY No FEAR Act Office of the Secretary; DHS. Notice. AGENCY: ACTION: SUMMARY: The Department of Homeland Security (DHS) is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under Federal antidiscrimination laws and whistleblower protection laws. This notice satisfies the Department’s notification requirements under section 202 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 and Office of Personnel Management regulations. PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Stephen Shih, Deputy Officer for Equal Employment Opportunity (EEO) Programs, U.S. Department of Homeland Security, 245 Murray Lane, SW., Building 410, Washington DC, 20528, by telephone at 1–888–644–8360 or by email at civil.liberties@dhs.gov. SUPPLEMENTARY INFORMATION: The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, ‘‘No FEAR Act’’), Public Law 107–174 (May 15, 2002) was enacted, in part, to ensure that federal agencies are accountable for violations of antidiscrimination and whistleblower protection laws. Congress expressly found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Id., Title I, General Provisions, section 101(1). In furtherance of this purpose, section 202 of the No FEAR Act requires all Federal agencies to provide written notification to Federal employees, former Federal employees and applicants for Federal employment to inform them of the rights and protections available under applicable Federal antidiscrimination and whistleblower protection laws. The Act also requires federal agencies to post the notice on each agency’s Web site. Pursuant to section 202 of the No FEAR Act, DHS is notifying all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under applicable Federal antidiscrimination laws and whistleblower protection laws. This notice will also be posted on DHS’s Web site https://www.dhs.gov. Antidiscrimination Laws A Federal agency, including DHS, may not discriminate against an employee or applicant for Federal employment 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 a DHS 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 E:\FR\FM\13JAN1.SGM 13JAN1 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices 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 sexual orientation, marital status, protected genetic information or political affiliation, you may (a) File a written complaint with the U.S. Office of Special Counsel (OSC) (see contact information below) or (b) pursue a discrimination complaint by contacting a DHS Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action or (c) file a grievance through the DHS administrative or negotiated grievance procedures, if such procedures apply and are available. Whistleblower Protection Laws A Federal employee—including a DHS 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 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 employee, including a DHS employee, may not retaliate against an employee or applicant for employment because that individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protection laws listed above. If you VerDate Nov<24>2008 19:10 Jan 12, 2009 Jkt 217001 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, DHS 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), DHS 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 DHS 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 DHS Office for Civil Rights and Civil Liberties. 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). Daniel W. Sutherland, Officer for Civil Rights and Civil Liberties. [FR Doc. E9–376 Filed 1–12–09; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Privacy Act of 1974; System of Records AGENCY: PO 00000 Privacy Office, DHS. Frm 00042 Fmt 4703 Sfmt 4703 1703 ACTION: Notice of removal of a Privacy Act system of records notice. SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate the following Privacy Act system of records notice, Justice/INS–025 Worksite Enforcement Activity Record and Index, October 17, 2002, into an existing Department of Homeland Security Immigration and Customs Enforcement system of records notice, External Investigations Records, December 11, 2008. DATES: Effective Date: February 12, 2009. FOR FURTHER INFORMATION CONTACT: Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security, Washington, DC 20528, by telephone (703) 235–0780 or facsimile 703–483– 2999. Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, and as part of its ongoing integration and management efforts, the Department of Homeland Security (DHS) is giving notice that it proposes to consolidate the following Privacy Act system of records notice, Justice/INS–025 Worksite Enforcement Activity Record and Index (67 FR 64136 October 17, 2002) into an existing DHS Immigration and Customs Enforcement (ICE) system of records, External Investigations Records, (73 FR 75452 December 11, 2008). DHS inherited this records system upon its creation in January of 2003. Upon review of its inventory of record systems, DHS has determined that it should be consolidated into the existing DHS ICE External Investigation system of records. Justice/INS–025 Worksite Enforcement Activity Record and Index was originally established to administer and enforce the employment control provisions of the Immigration and Nationality Act and related criminal statues. Additionally, the system was used to monitor and evaluate information contained on I–9 forms under inspection. The data collected by ICE pursuant to these activities are now covered by the External Investigations system of records. Consolidating this system of records notice will have no adverse impacts on individuals, but will promote the overall streamlining and management of DHS Privacy Act record systems. SUPPLEMENTARY INFORMATION: E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Notices]
[Pages 1702-1703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-376]


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DEPARTMENT OF HOMELAND SECURITY


No FEAR Act

AGENCY: Office of the Secretary; DHS.

ACTION: Notice.

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SUMMARY: The Department of Homeland Security (DHS) is providing notice 
to all of its employees, former employees, and applicants for 
employment about the rights and remedies that are available to them 
under Federal antidiscrimination laws and whistleblower protection 
laws. This notice satisfies the Department's notification requirements 
under section 202 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 and Office of Personnel 
Management regulations.

FOR FURTHER INFORMATION CONTACT: Stephen Shih, Deputy Officer for Equal 
Employment Opportunity (EEO) Programs, U.S. Department of Homeland 
Security, 245 Murray Lane, SW., Building 410, Washington DC, 20528, by 
telephone at 1-888-644-8360 or by e-mail at civil.liberties@dhs.gov.

SUPPLEMENTARY INFORMATION: The Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002, ``No FEAR Act''), 
Public Law 107-174 (May 15, 2002) was enacted, in part, to ensure that 
federal agencies are accountable for violations of antidiscrimination 
and whistleblower protection laws. Congress expressly found that 
``agencies cannot be run effectively if those agencies practice or 
tolerate discrimination.'' Id., Title I, General Provisions, section 
101(1).
    In furtherance of this purpose, section 202 of the No FEAR Act 
requires all Federal agencies to provide written notification to 
Federal employees, former Federal employees and applicants for Federal 
employment to inform them of the rights and protections available under 
applicable Federal antidiscrimination and whistleblower protection 
laws. The Act also requires federal agencies to post the notice on each 
agency's Web site.
    Pursuant to section 202 of the No FEAR Act, DHS is notifying all of 
its employees, former employees, and applicants for employment about 
the rights and remedies that are available to them under applicable 
Federal antidiscrimination laws and whistleblower protection laws. This 
notice will also be posted on DHS's Web site https://www.dhs.gov.

Antidiscrimination Laws

    A Federal agency, including DHS, may not discriminate against an 
employee or applicant for Federal employment 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 a DHS 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

[[Page 1703]]

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 sexual orientation, marital status, protected genetic 
information or political affiliation, you may (a) File a written 
complaint with the U.S. Office of Special Counsel (OSC) (see contact 
information below) or (b) pursue a discrimination complaint by 
contacting a DHS Equal Employment Opportunity (EEO) counselor within 45 
calendar days of the alleged discriminatory action or (c) file a 
grievance through the DHS administrative or negotiated grievance 
procedures, if such procedures apply and are available.

Whistleblower Protection Laws

    A Federal employee--including a DHS 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 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 employee, including a DHS employee, may not retaliate 
against an employee or applicant for employment 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, DHS 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), DHS 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 DHS 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 DHS Office for Civil Rights and 
Civil Liberties. 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).

Daniel W. Sutherland,
Officer for Civil Rights and Civil Liberties.
[FR Doc. E9-376 Filed 1-12-09; 8:45 am]
BILLING CODE 4410-10-P
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