81 FR 12720 - No FEAR Act Notice

COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range		12720-12721
FR Document		2016-05421

The Council of the Inspectors General on Integrity and Efficiency (CIGIE) is providing notice to its employees, former employees, and applicants for CIGIE employment about the rights and remedies available to them under the Federal antidiscrimination, whistleblower protection, and retaliation laws. This notice constitutes CIGIE's initial notification pursuant to the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act or Act), as implemented by Office of Personnel Management regulations. See 5 CFR part 724.

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016)

[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12720-12721]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05421]


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COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY


No FEAR Act Notice

AGENCY: Council of the Inspectors General on Integrity and Efficiency.

ACTION: Notice.

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SUMMARY: The Council of the Inspectors General on Integrity and 
Efficiency (CIGIE) is providing notice to its employees, former 
employees, and applicants for CIGIE employment about the rights and 
remedies available to them under the Federal antidiscrimination, 
whistleblower protection, and retaliation laws. This notice constitutes 
CIGIE's initial notification pursuant to the Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act or 
Act), as implemented by Office of Personnel Management regulations. See 
5 CFR part 724.

FOR FURTHER INFORMATION CONTACT: Atticus J. Reaser, General Counsel, 
CIGIE, (202) 292-2600.

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.'' 
Public Law 107-174, Summary. In support of this purpose, Congress found 
that ``agencies cannot be run effectively if those agencies practice or 
tolerate discrimination.'' Public Law 107-174, Title I, General 
Provisions, section 101(1).
    The Act also requires this agency to provide this notice to Federal 
employees, former Federal employees and applicants for Federal 
employment

[[Page 12721]]

to inform you of the rights and protections available to you under 
Federal antidiscrimination and whistleblower protection 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 
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 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, agencies must seek approval 
from 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., EEO/civil rights office, 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).

    Dated: March 4, 2016.
Mark D. Jones,
Executive Director, Council of the Inspectors General on Integrity and 
Efficiency.
[FR Doc. 2016-05421 Filed 3-9-16; 8:45 am]
 BILLING CODE 6820-C9-P

12720 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

ACTION: Notice. SUPPLEMENTARY INFORMATION: CNCS is Estimated Total Burden Hours: 5,775.
particularly interested in comments Total Burden Cost (capital/startup):
SUMMARY: The Corporation for National that: None.
and Community Service (CNCS), as part • Evaluate whether the proposed Total Burden Cost (operating/
of its continuing effort to reduce collection of information is necessary maintenance): None.
paperwork and respondent burden, for the proper performance of the Comments submitted in response to
conducts a pre-clearance consultation functions of CNCS, including whether this notice will be summarized and/or
program to provide the general public the information will have practical included in the request for Office of
and federal agencies with an utility; Management and Budget approval of the
opportunity to comment on proposed • Evaluate the accuracy of the information collection request; they will
and/or continuing collections of agency’s estimate of the burden of the also become a matter of public record.
information in accordance with the proposed collection of information,
Paperwork Reduction Act of 1995 Dated: March 4, 2016.
including the validity of the Maggie Taylor-Coates,
(PRA95) (44 U.S.C. Sec. 3506(c)(2)(A)). methodology and assumptions used;
This program helps to ensure that Chief of Trust Operations.
• Enhance the quality, utility, and
requested data can be provided in the clarity of the information to be [FR Doc. 2016–05348 Filed 3–9–16; 8:45 am]
desired format, reporting burden (time collected; and BILLING CODE 6050–28–P
and financial resources) is minimized, • Minimize the burden of the
collection instruments are clearly collection of information on those who
understood, and the impact of collection are expected to respond, including the COUNCIL OF THE INSPECTORS
requirement on respondents can be use of appropriate automated, GENERAL ON INTEGRITY AND
properly assessed. electronic, mechanical, or other EFFICIENCY
Currently, CNCS is soliciting
technological collection techniques or
comments concerning its proposed No FEAR Act Notice
other forms of information technology
renewal of the CNCS Forbearance
(e.g., permitting electronic submissions AGENCY: Council of the Inspectors
Request for National Service Form
of responses). General on Integrity and Efficiency.
(OMB#3045–0030). The CNCS
Forbearance Request for National Background ACTION: Notice.
Service Form (OMB#3045–0030) is used CNCS supports programs that provide
to certify that AmeriCorps members are SUMMARY: The Council of the Inspectors
opportunities for individuals who want General on Integrity and Efficiency
eligible for forbearance based on their to become involved in national service.
enrollment in a national service (CIGIE) is providing notice to its
The service opportunities cover a wide employees, former employees, and
position. AmeriCorps members use the range of activities over varying periods
form to request forbearance. applicants for CIGIE employment about
of time. Upon successfully completing the rights and remedies available to
Copies of the information collection
an agreed-upon term of service in an them under the Federal
request can be obtained by contacting
approved AmeriCorps program, an antidiscrimination, whistleblower
the office listed in the ADDRESSES
AmeriCorps member receives an protection, and retaliation laws. This
section of this Notice.
education award. notice constitutes CIGIE’s initial
DATES: Written comments must be
Current Action notification pursuant to the Notification
submitted to the individual and office
and Federal Employee
listed in the ADDRESSES section by May CNCS seeks to renew the current Antidiscrimination and Retaliation Act
9, 2016. information collection request CNCS of 2002 (No FEAR Act or Act), as
ADDRESSES: You may submit comments, Forbearance Request for National implemented by Office of Personnel
identified by the title of the information Service Form, which certifies that Management regulations. See 5 CFR part
collection activity, by any of the AmeriCorps members are eligible for 724.
following methods: forbearance based on their enrollment in
(1) By mail sent to: Corporation for FOR FURTHER INFORMATION CONTACT:
a national service position. AmeriCorps
National and Community Service, Atticus J. Reaser, General Counsel,
members use the form to request
National Service Trust; Attention: Nahid CIGIE, (202) 292–2600.
forbearance from their loan servicer.
Jarrett, Trust Officer, 250 E Street SW., CNCS also seeks to continue using the SUPPLEMENTARY INFORMATION: On May
Suite 300, Washington, DC 20525. current form until the revised 15, 2002, Congress enacted the
(2) By hand delivery or by courier to application is approved by OMB. The ‘‘Notification and Federal Employee
the CNCS mailroom at the mail address current application is due to expire on Antidiscrimination and Retaliation Act
given in paragraph (1) above, between March 31, 2016. of 2002,’’ which is now known as the
9:00 a.m. and 4:00 p.m. Eastern Time, Type of Review: Renewal. No FEAR Act. One purpose of the Act
Monday through Friday, except Federal Agency: CNCS. is to ‘‘require that Federal agencies be
holidays. Title: CNCS Forbearance Request for accountable for violations of
(3) By fax to: 202–606–3484, National Service Form. antidiscrimination and whistleblower
Attention: Nahid Jarrett. OMB Number: 3045–0030. protection laws.’’ Public Law 107–174,
(4) Electronically through Agency Number: None. Summary. In support of this purpose,
www.regulations.gov. Affected Public: AmeriCorps members Congress found that ‘‘agencies cannot be
Individuals who use a
mstockstill on DSK4VPTVN1PROD with NOTICES

and alumni that wish to request run effectively if those agencies practice
telecommunications device for the deaf forbearance on qualified student loans or tolerate discrimination.’’ Public Law
(TTY–TDD) may call 1–800–833–3722 and qualified loan servicers. 107–174, Title I, General Provisions,
between 8:00 a.m. and 8:00 p.m. Eastern Total Respondents: 69,300. section 101(1).
Time, Monday through Friday. Frequency: One or more per education The Act also requires this agency to
FOR FURTHER INFORMATION CONTACT: award. provide this notice to Federal
Nahid Jarrett, 202–606–6753, or by Average Time per Response: Averages employees, former Federal employees
email at njarrett@cns.gov. 5 minutes. and applicants for Federal employment

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Document Created: 2018-02-02 15:11:39
Document Modified: 2018-02-02 15:11:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Atticus J. Reaser, General Counsel, CIGIE, (202) 292-2600.
FR Citation		81 FR 12720