Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices 66559 

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. At the 

Commission, you must contact the EEO 

Director within the 45 day limit, who 

will arrange for an EEO counselor to 

notify you. If you believe that you have 

been the victim of unlawful 

discrimination on the basis of age, you 

must either contact the EEO Director 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 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-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 

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 

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 further information regarding the 

No FEAR Act regulations, refer to 5 CFR 

part 724, as well as the office of the EEO 

Director within your agency. Additional 

information regarding Federal 

antidiscrimination, whistleblower 

protection and retaliation laws can be 

found at the EEOC Web site—http:// 

www.eeoc.gov and the OSC Web site—

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 provision of law specified 

in 5 U.S.C. 2302(d). 

Dated: November 9, 2006. 

Thomas A. Stock, 

Executive Director, Federal Mine Safety and 

Health Review Commission. 

[FR Doc. E6–19278 Filed 11–14–06; 8:45 am] 

BILLING CODE 6735–01–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

No FEAR Act Notice 

AGENCY: Institute of Museum and 

Library Services (IMLS), National 

Foundation on the Arts and the 

Humanities. 

ACTION: Notice. 

SUMMARY: The Institute of Museum and 

Library Services is publishing this 

notice under the ‘‘Notification and 

Federal Employee Antidiscrimination 

and Retaliation Act of 2002,’’ which is 

known as the No FEAR Act, to inform 

current employees, former employees, 

and applicants for IMLS employment of 

the rights and protections available to 

them under Federal antidiscrimination, 

whistleblower protection and retaliation 

laws. 

FOR FURTHER INFORMATION CONTACT: 

Nancy E. Weiss, General Counsel, 

Institute of Museum and Library 

Services, 1800 M Street, NW., 9th Floor, 

Washington, DC 20036. IMLS Internet email: nweiss@imls.gov (for e-mail 

messages, the subject line should 

include the following reference—‘‘No 

FEAR Act Notice’’); Telephone: 202–

653–4640; fax: 202–653–4625. A copy of 

the No FEAR Act Notice will be posted 

on IMLS’s Web site http:// 

www.IMLS.gov). Persons who cannot 

access this No FEAR Act Notice through 

the Internet may request a paper or 

electronic copy by contacting Ms. Weiss 

at the address, e-mail address, telephone 

numbers, or fax number listed above. 

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. 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, Congress found that ‘‘agencies 

cannot be run effectively if those 

agencies practice or tolerate 

discrimination.’’ Public Law 107–174, 

Section 101(1), 116 Stat. 566. 

The Act also requires this Agency to 

provide this notice to Federal 

employees, former Federal employees 

and applicants for Federal employment 

to inform them of the rights and 

protections available to them under 

Federal antidiscrimination, 

whistleblower protection, and 

retaliation laws. 

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 


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66560 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices 

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 beleive that you have been a 

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. 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) at 1730 

M Street, NW., Suite 218, Washington, 

DC 20036–4505 or online through the 

OSC Web site—http://www.osc.gov. 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 OSC at 

1730 M Street, NW., Suite 218, 

Washington, DC 20036–4505 or online 

through the OSC Web site 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 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 

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 further information regarding the 

No FEAR Act regulations, please refer to 

5 CFR part 724, as well as the 

appropriate offices and officers within 

the Institute of Museum and Library 

Services (e.g., EEO/civil rights officer, 

human resources office or legal office). 

Additional information regarding 

Federal antidiscrimination, 

whistleblower protection and retaliation 

laws can be found at the EEOC Web 

site—http://www.eeoc.gov and the OSC 

Web site—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). 

Approved: November 7, 2006. 

Anne-Imelda M. Radice, 

Director, Institute of Museum and Library 

Services. 

[FR Doc. 06–9195 Filed 11–14–06; 8:45 am] 

BILLING CODE 7036–01–M 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards Subcommittee Meeting on 

Planning and Procedures; Notice of 

Meeting 

The ACRS Subcommittee on Planning 

and Procedures will hold a meeting on 

December 6, 2006, Room T–2B1, 11545 

Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to 

public attendance, with the exception of 

a portion that may be closed pursuant 

to 5 U.S.C. 552b(c)(2) and (6) to discuss 

organizational and personnel matters 

that relate solely to the internal 

personnel rules and practices of the 

ACRS, and information the release of 

which would constitute a clearly 

unwarranted invasion of personal 

privacy. 

The agenda for the subject meeting 

shall be as follows: Wednesday, 

December 6, 2006, 10 a.m.–11:30 a.m. 

The Subcommittee will discuss 

proposed ACRS activities and related 

matters. The Subcommittee will gather 

information, analyze relevant issues and 

facts, and formulate proposed positions 

and actions, as appropriate, for 

deliberation by the full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official, Mr. Sam Duraiswamy 

(telephone: 301–415–7364) between 

7:30 a.m. and 4 p.m. (ET) five days prior 

to the meeting, if possible, so that 

appropriate arrangements can be made. 

Electronic recordings will be permitted 

only during those portions of the 

meeting that are open to the public. 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Official between 

7:30 a.m. and 4:15 p.m. (ET). Persons 

planning to attend this meeting are 

urged to contact the above named 

individual at least two working days 

prior to the meeting to be advised of any 

potential changes in the agenda. 

Dated: November 8, 2006. 

Antonio F. Dias, 

Acting Branch Chief, ACRS/ACNW. 

[FR Doc. E6–19233 Filed 11–14–06; 8:45 am] 

BILLING CODE 7590–01–P 


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