[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Notices]
[Page 31381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11632]


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DEPARTMENT OF LABOR

Office of the Secretary


Delegation of Authority and Assignment of Responsibility to the 
Assistant Secretary for Employment and Training

    On April 22, 2002, the Secretary of Labor issued a memorandum to 
the Assistant Secretary for Employment and Training delegating 
authority and assigning responsibility to invoke all appropriate claims 
of governmental privilege arising from the functions of the Employment 
and Training Administration. A copy of that memorandum is annexed 
hereto as an Appendix.

FOR FURTHER INFORMATION CONTACT: Charles D. Raymond, Associate 
solicitor for Employment and Training Legal Services, at (202) 693-
5710. This is not a toll-free number.

    Signed in Washington, DC, this 3rd day of May, 2002.
Eugene Scalia,
Solicitor of Labor.

Secretary of Labor

Washington

April 22, 2002.
Memorandum for: EMILY STOVER DE ROCCO, Assistant Secretary, 
Employment and Training Administration
From: ELAINE CHAO
Subject: Specific Delegation of Authority to the Assistant Secretary 
for Employment and Training

    Effective immediately, the Assistant Secretary for Employment 
and Training is hereby delegated authority and assigned 
responsibility to invoke all appropriate claims of governmental 
privilege arising from the functions of the Employment and Training 
Administration, following her personal consideration of the matter, 
and in accordance with the following guidelines:
    (a) Informant's Privilege (to protect from disclosure the 
identity of any person who has provided information to the 
Employment and Training Administration in cases arising under the 
statutes listed in Secretary's Orders 4-75, 3-81 and 2-85): A claim 
of privilege may be asserted where the Assistant Secretary has 
determined that disclosure of the privileged matter may: (1) 
interfere with the Employment and Training Administration's 
investigation or enforcement of a particular statute for which the 
Employment and Training Administration exercises investigative or 
enforcement authority; (2) adversely affect persons who have 
provided information to the Employment and Training Administration; 
or (3) deter other persons from reporting violations of the 
statutes.
    (b) Deliberative Process Privilege (to withhold information 
which may disclose pre-decisional intra-agency or inter-agency 
deliberations, including the analysis and evaluation of fact, 
written summaries of factual evidence, and recommendations, opinions 
or advice on legal or policy matters in cases arising under the 
statutes listed in Secretary's Orders 4-75, 3-81 and 2-85): A claim 
of privilege may be asserted where the Assistant Secretary has 
determined that disclosure of the privileged matter would have an 
inhibiting effect con the agency's decision-making processes.
    (c) Privilege for Investigational Files Compiled for Law 
Enforcement Purposes (to withhold information which may reveal the 
Employment and Training Administration's confidential investigative 
techniques and procedures): The investigative file privilege may be 
asserted where the Assistant Secretary has determined the disclosure 
of the privileged matter may have an adverse impact upon the 
Employment and Training Administration's enforcement of the statutes 
listed in Secretary's Orders 4-75, 3-81 and 2-85 by: (1) disclosing 
investigative techniques and methodologies; (2) deterring persons 
from providing information to the Employment and Training 
Administration; (3) prematurely revealing the facts of the 
Employment and Training Administration's case; or (4) disclosing the 
identities of persons who have provided information under an express 
or implied promise of confidentiality.
    (d) Prior to filing a formal claim of privilege, the Assistant 
Secretary shall personally review all documents sought to be 
withheld (or, in case where the volume is so large that all of them 
cannot be personally reviewed in a reasonable time, an adequate and 
representative sample of such documents), together with a 
description or summary of the litigation with which the disclosure 
is sought.
    (e) In asserting a claim of governmental privilege, the 
Assistant Secretary may ask the Solicitor of Labor, or the 
Solicitor's representative, to file any necessary legal papers or 
documents.

[FR Doc. 02-11632 Filed 5-8-02; 8:45 am]
BILLING CODE 4510-30-M