No FEAR Act Notice, 17403-17404 [2013-06426]

Download as PDF Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Notices by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. D All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW– A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. D Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. D U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554. D People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418– 0530 (voice), 202–418–0432 (tty). Federal Communications Commission. Thomas Horan, Chief of Staff, Media Bureau. [FR Doc. 2013–06548 Filed 3–20–13; 8:45 am] BILLING CODE 6712–01–P FEDERAL DEPOSIT INSURANCE CORPORATION emcdonald on DSK67QTVN1PROD with NOTICES Sunshine Act Meeting Pursuant to the provisions of the ‘‘Government in the Sunshine Act’’ (5 U.S.C. 552b), notice is hereby given that at 10:00 a.m. on Tuesday, March 19, 2013, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters related to the Corporation’s supervision, corporate, and resolution activities. In calling the meeting, the Board determined, on motion of Vice Chairman Thomas M. Hoenig, seconded by Director Jeremiah O. Norton (Appointive), concurred in by Director Thomas J. Curry (Comptroller of the Currency), Director Richard Cordray (Director, Consumer Financial Protection Bureau), and Chairman Martin J. Gruenberg, that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days’ notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), VerDate Mar<14>2013 15:09 Mar 20, 2013 Jkt 229001 (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the ‘‘Government in the Sunshine Act’’ (5 U.S.C. 552b(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10)). The meeting was held in the Board Room of the FDIC Building located at 550–17th Street NW., Washington, D.C. Dated: March 19, 2013. Robert E. Feldman, Executive Secretary, Federal Deposit Insurance Corporation. [FR Doc. 2013–06615 Filed 3–19–13; 4:15 pm] BILLING CODE P FEDERAL HOUSING FINANCE AGENCY [No. 2013–N–03] No FEAR Act Notice Federal Housing Finance Agency. ACTION: Notice. AGENCY: SUMMARY: The Federal Housing Finance Agency (FHFA or agency) is providing notice to all its employees, former employees, and applicants for employment about the rights and remedies that are available to them under the Federal antidiscrimination laws and whistleblower protection laws. This notice fulfills FHFA’s notification obligations under the Notification and Federal Employees Antidiscrimination Retaliation Act as implemented by Office of Personnel Management regulations. FOR FURTHER INFORMATION CONTACT: Nancy Burnett, Acting Associate Director of the Office of Minority and Women Inclusion, Nancy.Burnett@fhfa.gov, (202) 649– 3017; Brian Guy, Manager of EEO Services, Brian.Guy@fhfa.gov, (202) 649–3019; or Janice Kullman, Associate General Counsel, Janice.Kullman@fhfa.gov, (202) 649– 3077 (not toll-free numbers), Federal Housing Finance Agency, 400 Seventh Street SW., Washington, DC 20024. The telephone number for the Telecommunications Device for the Deaf is (800) 877–8339. 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 (No FEAR Act), (Pub. L. 107– 174). One purpose of the No FEAR 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 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 17403 cannot be run effectively if those agencies practice or tolerate discrimination. The No FEAR Act also requires Federal agencies to inform Federal employees, former Federal employees, and applicants for Federal employment of the rights and protections available to them under Federal antidiscrimination and whistleblower protection laws. Establishment of a New Independent Agency Effective July 30, 2008, the Housing and Economic Recovery Act of 2008 (HERA), (Pub. L. 110–289), established FHFA as an independent agency of the Federal Government. HERA also combined the staffs of the Office of Federal Housing Enterprise Oversight (OFHEO), the Federal Housing Finance Board (FHFB), and the GovernmentSponsored Enterprise mission office of the Department of Housing and Urban Development. Although each predecessor agency published its own No FEAR Act notice during 2006 (See 71 FR 63761 (Oct. 31, 2006) and 71 FR 70525 (Dec. 5, 2006)), FHFA is now publishing its own notice to affirm its commitment to the requirements of the No FEAR Act. 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 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 E:\FR\FM\21MRN1.SGM 21MRN1 17404 Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Notices 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. emcdonald on DSK67QTVN1PROD with NOTICES 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 at http://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 of this notice or, if applicable, FHFA’s 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 VerDate Mar<14>2013 15:09 Mar 20, 2013 Jkt 229001 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 OSC 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. of the Board of Governors. Comments must be received not later than April 8, 2013. A. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105–1579: 1. Peter John Kovalski, Metuchen, New Jersey, to acquire up to 24.9 percent of the voting common stock of Gold Canyon Bank, Gold Canyon, Arizona. 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., OMWI’s branch of EEO Services, Office of Human Resource Management, or Office of General Counsel). Additional information regarding Federal antidiscrimination, whistleblower protection, and retaliation laws can be found at the EEOC Web site at http:// www.eeoc.gov and the OSC Web site at http://www.osc.gov. Board of Governors of the Federal Reserve System, March 18, 2013. Margaret McCloskey Shanks, Deputy Secretary of the Board. 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: March 12, 2013. Edward J. DeMarco, Acting Director, Federal Housing Finance Agency. [FR Doc. 2013–06426 Filed 3–20–13; 8:45 am] [FR Doc. 2013–06538 Filed 3–20–13; 8:45 am] BILLING CODE 6210–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0029; Docket 2012– 0076; Sequence 27] Federal Acquisition Regulation; Submission for OMB Review; Extraordinary Contractual Action Requests Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for comments regarding an extension to an existing OMB clearance. AGENCIES: BILLING CODE 8070–01–P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 SUMMARY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning extraordinary contractual action requests. A notice was published in the Federal Register on September 12, 2012 (77 FR 56213). One comment was received. DATES: Submit comments on or before April 22, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0029, Extraordinary Contractual Action Requests, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17403-17404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06426]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2013-N-03]


No FEAR Act Notice

AGENCY: Federal Housing Finance Agency.

ACTION: Notice.

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

SUMMARY: The Federal Housing Finance Agency (FHFA or agency) is 
providing notice to all its employees, former employees, and applicants 
for employment about the rights and remedies that are available to them 
under the Federal antidiscrimination laws and whistleblower protection 
laws. This notice fulfills FHFA's notification obligations under the 
Notification and Federal Employees Antidiscrimination Retaliation Act 
as implemented by Office of Personnel Management regulations.

FOR FURTHER INFORMATION CONTACT: Nancy Burnett, Acting Associate 
Director of the Office of Minority and Women Inclusion, 
Nancy.Burnett@fhfa.gov, (202) 649-3017; Brian Guy, Manager of EEO 
Services, Brian.Guy@fhfa.gov, (202) 649-3019; or Janice Kullman, 
Associate General Counsel, Janice.Kullman@fhfa.gov, (202) 649-3077 (not 
toll-free numbers), Federal Housing Finance Agency, 400 Seventh Street 
SW., Washington, DC 20024. The telephone number for the 
Telecommunications Device for the Deaf is (800) 877-8339.

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 (No FEAR Act), (Pub. 
L. 107-174). One purpose of the No FEAR 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.
    The No FEAR Act also requires Federal agencies to inform Federal 
employees, former Federal employees, and applicants for Federal 
employment of the rights and protections available to them under 
Federal antidiscrimination and whistleblower protection laws.

Establishment of a New Independent Agency

    Effective July 30, 2008, the Housing and Economic Recovery Act of 
2008 (HERA), (Pub. L. 110-289), established FHFA as an independent 
agency of the Federal Government. HERA also combined the staffs of the 
Office of Federal Housing Enterprise Oversight (OFHEO), the Federal 
Housing Finance Board (FHFB), and the Government-Sponsored Enterprise 
mission office of the Department of Housing and Urban Development. 
Although each predecessor agency published its own No FEAR Act notice 
during 2006 (See 71 FR 63761 (Oct. 31, 2006) and 71 FR 70525 (Dec. 5, 
2006)), FHFA is now publishing its own notice to affirm its commitment 
to the requirements of the No FEAR Act.

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 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

[[Page 17404]]

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 at http://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 of this notice or, if applicable, FHFA's 
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 OSC 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., OMWI's branch of EEO Services, Office of Human Resource 
Management, or Office of General Counsel). Additional information 
regarding Federal antidiscrimination, whistleblower protection, and 
retaliation laws can be found at the EEOC Web site at http://www.eeoc.gov and the OSC Web site at http://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: March 12, 2013.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2013-06426 Filed 3-20-13; 8:45 am]
BILLING CODE 8070-01-P