[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70569-70570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9514]


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NUCLEAR WASTE TECHNICAL REVIEW BOARD


No Fear Act Notice

    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'' (Pub. L. 107-174, Summary). In 
support of this objective, 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 requires the U.S. Nuclear Waste Technical Review Board 
(Board) to provide this notice to Board employees, former Board 
employees, and applicants for Board employment to inform them of their 
rights and protections under Federal antidiscrimination and 
whistleblower protection laws.

Antidiscrimination Laws/Bases for Complaints or Grievances

    The Board cannot discriminate on the basis of race, color, 
religion, sex, national origin, age, disability, marital status, or 
political affiliation against an employee or applicant for employment 
related to the terms, conditions, or privileges of employment. 
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 at General Services Administration 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 filing a formal complaint of discrimination with the 
Board (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 
(1) contact an EEO counselor as noted above or (2) 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 bases 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). As an 
alternative (or in some cases, in addition), you may pursue a 
discrimination complaint by filing a grievance through the Board's 
Administrative Grievance Procedure or 29 CFR part 1614, if such 
procedures apply and are available.

Whistleblower Protection Laws

    A Board employee with authority to take, direct others to take, 
recommend or approve any personnel action must not use that authority 
to take, 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 
(OSC) 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

    The Board 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 Board's Administrative Grievance Procedure 
in order to pursue any legal remedy.

Disciplinary Actions

    Under existing laws, the Board retains the right, where 
appropriate, to discipline an employee for conduct that is inconsistent 
with Federal Antidiscrimination and Whistleblower Protection Laws up to 
and including removal. If, however, OSC has initiated an investigation 
under 5 U.S.C. 1214, according to 5 U.S.C. 1214(f), the Board must seek 
approval from the Special Counsel to discipline an employee for, among 
other activities, engaging in prohibited retaliation. Nothing in the No 
FEAR Act alters existing laws or permits the Board 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. 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.

[[Page 70570]]

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: November 29, 2006.
William D. Barnard,
Executive Director, U.S. Nuclear Waste Technical Review Board.
[FR Doc. 06-9514 Filed 12-4-06; 8:45 am]
BILLING CODE 6820-AM-M