No FEAR Act Notice, 60126-60127 [2014-23762]

Download as PDF 60126 Notices Federal Register Vol. 79, No. 193 Monday, October 6, 2014 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ADMINISTRATIVE CONFERENCE OF THE UNITED STATES No FEAR Act Notice Administrative Conference of the United States. ACTION: Notice. AGENCY: The Administrative Conference of the United States (the Conference) is providing notice to all its employees, former employees, and applicants for employment about the rights and remedies available to them under the Federal antidiscrimination, whistleblower protection, and retaliation laws. This notice fulfills the Conference’s notification obligations under 5 CFR 724.202. FOR FURTHER INFORMATION CONTACT: Shawne McGibbon, General Counsel, Administrative Conference of the United States, Suite 706 South, 1120 20th Street NW., Washington, DC 20036; Telephone 202–480–2088; email smcgibbon@acus.gov. Additional information can be found on the Conference’s Web site at www.acus.gov. SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002’’ (No FEAR Act), 116 Stat. 566, Public Law 107–174 (5 U.S.C. 2301 note). The Act is intended to hold Federal agencies 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.’’ Sec. 101(1), Public Law 107–174. The Conference provides this No FEAR Act notice to inform its current employees, former employees, and applicants for employment of the rights and protections available under Federal antidiscrimination, whistleblower protection, and retaliation laws, as required by the mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:17 Oct 03, 2014 Jkt 235001 Office of Personnel Management, 5 CFR 724.202. 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. 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. Because the Conference is a very small agency, it has entered into a contractual arrangement with the General Services Administration (GSA) for EEO services, including, but not limited to, counseling and Alternative Dispute Resolution (ADR) services. EEO counselors are available at GSA’s Regional Office of Civil Rights, located at 7th and D Streets SW., Room 7048, Washington, DC 20407. Telephone: (202) 708–8588. You may also file a written complaint of discrimination with that office. 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 the agency’s administrative or negotiated grievance procedures, if such procedures apply and are available. PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 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: 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 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 E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices 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 information regarding the No FEAR Act regulations, refer to 5 CFR part 724, or contact the General Counsel’s Office at the Conference, 1120 20th Street NW., Suite 706 South, Washington, DC 20036, (202) 480–2080. Additional information regarding Federal antidiscrimination, whistleblower protection, and retaliation laws can be found at www.eeoc.gov and 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: October 1, 2014. Shawne McGibbon, General Counsel. [FR Doc. 2014–23762 Filed 10–3–14; 8:45 am] BILLING CODE 6110–01–P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request mstockstill on DSK4VPTVN1PROD with NOTICES September 30, 2014. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection VerDate Sep<11>2014 17:17 Oct 03, 2014 Jkt 235001 techniques or other forms of information technology. Comments regarding this information collection received by November 5, 2014 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: OIRA_Submission@ OMB.EOP.GOV or fax (202) 395–5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250–7602. Copies of the submission(s) may be obtained by calling (202) 720–8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Animal and Plant Health Inspection Service Title: National Animal Health Monitoring System (NAHMS); Equine 2015 Study. OMB Control Number: 0579–0269. Summary of Collection: Collection and dissemination of animal health and information is mandated by 7 U.S.C. 391, the Animal Industry Act of 1884, which established the precursor of the Animal and Plant Health Inspection Service (APHIS), Veterinary Services, the Bureau of Animal Industry. Legal requirements for examining and reporting on animal disease control methods were further mandated by 7 U.S.C. 8308 of the Animal Health Protection Act, ‘‘Detection, Control, and Eradication of Diseases and Pests,’’ May 13, 2002. NAHMS will initiate the third national equine health and management data collection through the Equine 2015 Study. The information collected through the Equine 2015 Study will be analyzed and organized into one or more descriptive reports. The Equine 2015 Study is a part of an ongoing series of NAHMS studies on the U.S. equine population. Need and Use of the Information: APHIS will use the data collected to: (1) Serve stakeholders by estimation of trends in national and regional equine health, movement and management, (2) Address emerging issues; (3) Examine the economic impact of health PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 60127 management practices; (4) Provide data to be used when decisions regarding intervention in a disease outbreak are required; (5) Provide input into the design of surveillance systems for specific diseases; (6) Provide cost estimates of selected aspects of equine health care to better inform those planning to enter into equine ownership of the cost of equine health care. Without the NAHMS data the United States would not be able to assess the potential risk to human health from pathogens associated with equids or shared with equids, such as encephalidities. Description of Respondents: Business or other for-profit. Number of Respondents: 16,916. Frequency of Responses: Reporting: On occasion. Total Burden Hours: 13,606. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. 2014–23709 Filed 10–3–14; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request September 30, 2014. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments regarding this information collection received by November 5, 2014 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW., Washington, DC 20502. Commenters are encouraged to E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60126-60127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23762]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / 
Notices

[[Page 60126]]



ADMINISTRATIVE CONFERENCE OF THE UNITED STATES


No FEAR Act Notice

AGENCY: Administrative Conference of the United States.

ACTION: Notice.

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

SUMMARY: The Administrative Conference of the United States (the 
Conference) is providing notice to all its employees, former employees, 
and applicants for employment about the rights and remedies available 
to them under the Federal antidiscrimination, whistleblower protection, 
and retaliation laws. This notice fulfills the Conference's 
notification obligations under 5 CFR 724.202.

FOR FURTHER INFORMATION CONTACT: Shawne McGibbon, General Counsel, 
Administrative Conference of the United States, Suite 706 South, 1120 
20th Street NW., Washington, DC 20036; Telephone 202-480-2088; email 
smcgibbon@acus.gov. Additional information can be found on the 
Conference's Web site at www.acus.gov.

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
``Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002'' (No FEAR Act), 116 Stat. 566, Public Law 107-174 (5 
U.S.C. 2301 note). The Act is intended to hold Federal agencies 
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.'' Sec. 101(1), Public Law 107-174. The 
Conference provides this No FEAR Act notice to inform its current 
employees, former employees, and applicants for employment of the 
rights and protections available under Federal antidiscrimination, 
whistleblower protection, and retaliation laws, as required by the 
Office of Personnel Management, 5 CFR 724.202.

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. 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.
    Because the Conference is a very small agency, it has entered into 
a contractual arrangement with the General Services Administration 
(GSA) for EEO services, including, but not limited to, counseling and 
Alternative Dispute Resolution (ADR) services. EEO counselors are 
available at GSA's Regional Office of Civil Rights, located at 7th and 
D Streets SW., Room 7048, Washington, DC 20407. Telephone: (202) 708-
8588. You may also file a written complaint of discrimination with that 
office.
    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 the 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: 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 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

[[Page 60127]]

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 information regarding the No FEAR Act regulations, refer to 5 
CFR part 724, or contact the General Counsel's Office at the 
Conference, 1120 20th Street NW., Suite 706 South, Washington, DC 
20036, (202) 480-2080. Additional information regarding Federal 
antidiscrimination, whistleblower protection, and retaliation laws can 
be found at www.eeoc.gov and 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: October 1, 2014.
Shawne McGibbon,
General Counsel.
[FR Doc. 2014-23762 Filed 10-3-14; 8:45 am]
BILLING CODE 6110-01-P