No FEAR Act, 1702-1703 [E9-376]
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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
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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]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
No FEAR Act
AGENCY: Office of the Secretary; DHS.
ACTION: Notice.
-----------------------------------------------------------------------
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