[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Notices]
[Pages 64986-64987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26738]



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Part IV





Department of Labor





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Secretary's Order 4-2002; Office of Small Business Programs; Notice

  Federal Register / Vol. 67, No. 204 / Tuesday, October 22, 2002 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary


Secretary's Order 4-2002; Office of Small Business Programs

1. Purpose

    To define the authorities and responsibilities of the Office of 
Small Business Programs (OSBP) in the Department of Labor (DOL or 
Department).

2. Authority and Directives Affected

a. Authorities

    This Order is issued pursuant to 29 U.S.C. 551 et seq.; 5 U.S.C. 
301; the Small Business Act [15 U.S.C. 631 et seq.], including section 
15(k) [15 U.S.C. 944(k)]; the Historically Underutilized Business Zone 
Act of 1997 [15 U.S.C. 631 note]; the Regulatory Flexibility Act [see 5 
U.S.C. 601 et seq.]; the Small Business Regulatory Enforcement Fairness 
Act [see 5 U.S.C. 601 et seq. and 15 U.S.C. 657]; Executive Order 
12432, ``Minority Business Enterprise Development'' (EO 12432) (July 
14, 1983); Executive Order 12928, ``Promoting Procurement with Small 
Businesses Owned and Controlled by Socially and Economically 
Disadvantaged Individuals, Historically Black Colleges and Universities 
[HBCUs], and Minority Institutions' (EO 12928) (September 16, 1994); 
Executive Order 13125, as amended by Executive Order 13216, 
``Increasing Opportunity and Improving Quality of Life of Asian 
Americans and Pacific Islanders' (EO 13125) (June 7, 1999); Executive 
Order 13230, ``President's Advisory Commission on Educational 
Excellence for Hispanic Americans'' (EO 13230) (October 12, 2001); 
Executive Order 13256, ``President's Board of Advisors on Historically 
Black Colleges and Universities'' (EO 13256) (February 12, 2002); and 
Executive Order 13270, ``Tribal Colleges and Universities.''

b. Directives Affected

    (1) This Order does not affect the authorities and responsibilities 
assigned by any other Secretary's Order, unless otherwise expressly so 
provided in this or another Order.
    (2) Secretary's Order 2-97 is cancelled.
    (3) This Order does not affect the procurement and contracting 
authority of the Assistant Secretary for Administration and Management. 
(see Secretary's Order 4-76.)

3. Background

    This Secretary's Order and concurrently issued Secretary's Order 2-
2002 (Assistant Secretary for Policy) substantially consolidate and 
restructure the Department's compliance assistance programs and enhance 
its outreach efforts. Specifically, this Order reflects the transfer, 
to the Assistant Secretary for Policy by Secretary's Order 2-2002, of 
OSBP's prior responsibilities with respect to Departmental compliance 
assistance efforts for certain constituencies, oversight of the 
Department's advisory committees, and certain responsibilities under 
the Small Business Regulatory Enforcement Fairness Act (SBREFA).
    OSBP retains its function as the Department's ombudsman for small 
businesses under SBREFA, as well as its responsibilities for the 
Department's relationship with minority communities and populations, 
businesses, and academic institutions, under related executive orders, 
such as Executive Orders 12432, 12928, 13125, 13216, 13230, 13256, and 
13270. Under these directives, the Department promotes efforts to 
increase the involvement of minority businesses, Historically Black 
Colleges and Universities, Tribal Colleges and Universities, Asian 
American and Pacific Islanders, and Hispanic Americans in the 
Department's programs, including procurement; develops related 
Departmental policy and guidelines; establishes program plans; and 
monitors and reports on results achieved.

4. Delegation of Authority and Assignment of Responsibilities

    a. The Director, Office of Small Business Programs is responsible 
for:
    (1) Ensuring that the Department fulfills its responsibility to 
provide procurement opportunities for small business concerns, small 
disadvantaged businesses, women-owned small businesses, Historically 
Underutilized Business Zone (HUBZone) businesses, and businesses owned 
by service-disabled veterans, including:
    a. Establishing DOL and agency goals, in cooperation with agencies 
and in accordance with 15 U.S.C. 644, for the participation by such 
entities in appropriate procurement actions.
    b. Consulting with the Small Business Administration (SBA) as 
necessary and preparing the annual plan and annual report from the 
Secretary to the SBA Administrator on participation of small entities 
in procurement actions by the Department.
    c. Conducting outreach programs, seminars, and similar initiatives 
for such entities and acting as the Department's liaison to such 
entities for program procurement activities.
    d. Providing training regarding utilization of small and 
disadvantaged businesses to DOL employees whose duties and functions 
relate to procurement.
    e. Ensuring the Department's compliance with the procurement and 
property disposal requirements of section 223(a) of the Small Business 
Act (15 U.S.C. 637(b)).
    f. Acting as the Department's Director of the Office of Small and 
Disadvantaged Business Utilization.
    (2) Ensuring that small business specialists are appointed 
throughout the Department, and are trained in performing their duties.
    (3) Publishing information materials required by sections 8 and 15 
of the Small Business Act.
    (4) Acting as the Department's ombudsman to small businesses, 
including responding to inquiries or complaints arising under SBREFA.
    (5) Serving, in coordination with OASP, as the Department's liaison 
with the SBA's Small Business and Agriculture Regulatory Enforcement 
Ombudsman and providing the Department's response and other input 
related to the SBA Ombudsman's Regulatory Fairness Recommendations 
Report to Congress.
    (6) Acting as the Department's liaison to minority businesses and 
institutions; planning, coordinating, monitoring, evaluating, and 
reporting on the Department's related activities under Executive Orders 
12432 and 12928, including efforts to increase the involvement of 
minority businesses in the Department's programs and plans; 
coordination of related memoranda of understanding; and service as the 
Department's liaison to the Department of Commerce's Minority Business 
Development Agency.
    (7) Acting as the Department's liaison to Tribal Colleges and 
Universities; planning, coordinating, monitoring, evaluating, and 
reporting on the Department's related activities under EO 13270, 
including efforts to increase the involvement of Tribal Colleges and 
Universities in the Department's programs and plans; coordination of 
related memoranda of understanding; and service as the Department's 
liaison to the President's Board of Advisors on Tribal Colleges and 
Universities and the White House Initiative on Tribal Colleges and 
Universities.
    (8) Acting as the Department's liaison to Asian Americans and 
Pacific Islanders; planning, coordinating, monitoring, evaluating, and 
reporting on the Department's activities under EO 13125, as amended by 
EO 13216, including efforts to increase the

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involvement of Asian Americans and Pacific Islanders in the 
Department's programs and plans; coordination of related memoranda of 
understanding; and service as the Department's liaison to the 
President's Advisory Commission on Asian Americans and Pacific 
Islanders and the White House Initiative on Asian Americans and Pacific 
Islanders.
    (9) Acting as the Department's liaison to Hispanic Americans; 
planning, coordinating, monitoring, evaluating, and reporting on the 
Department's activities under EO 13230, including efforts to increase 
the involvement of Hispanic Americans in the Department's programs and 
plans; coordination of related memoranda of understanding; and service 
as the Department's liaison to the President's Advisory Commission on 
Educational Excellence for Hispanic Americans and the White House 
Initiative on Educational Excellence for Hispanic Americans.
    (10) Acting as the Department's liaison to HBCUs; planning, 
coordinating, monitoring, evaluating, and reporting on the Department's 
related activities under Executive Orders 12928 and 13256, including 
efforts to increase the participation of HBCUs in the Department's 
programs and plans; coordination of related memoranda of understanding; 
and service as the Department's liaison to the President's Board of 
Advisors on HBCUs and the White House Initiative on HBCUs.
    (11) Coordinating, as necessary, with the Office of the Assistant 
Secretary for Policy on compliance assistance initiatives.
    (12) Coordinating, as necessary, with the Assistant Secretary for 
Administration and Management on procurement actions related to OSBP's 
responsibilities under this Order and on consolidation of the 
Department's Annual Acquisition Plan and Procurement Forecast (AAP-PF).
    (13) Coordinating and consulting, as appropriate, with other DOL 
agencies in fulfilling the above responsibilities.
    (14) Performing any additional or similar duties which may be 
assigned by law or by the Secretary.
    b. The Assistant Secretary for Administration and Management is 
delegated authority and assigned responsibility for:
    (1) Ensuring that any transfer of resources affecting this Order is 
fully consistent with the established requirements of the Department 
and that consultation and negotiation, as appropriate, with 
representatives of any employees affected by this exchange of 
responsibilities are conducted.
    (2) Ensuring that appropriate administrative and management support 
is furnished, as required, for the efficient and effective operation of 
these programs.
    (3) Coordinating, as necessary, with the Director of the Office of 
Small Business Programs on procurement actions related to their 
responsibilities under this Order and on consolidation of the 
Department's AAP-PF.
    c. The Solicitor of Labor is responsible for providing legal advice 
and assistance to all Department of Labor officials relating to 
implementation and administration of all aspects of this Order.
    d. DOL Agency Heads are responsible for:
    (1) Developing Agency annual acquisition plans, and annual small 
and disadvantaged business utilization plans, consistent with Agency 
responsibilities.
    (2) Developing Agency minority institution activity plans, 
consistent with Agency responsibilities, to promote the objectives of 
Executive Orders 12432, 12928, 13125, 13216, 13230, 13256, and 13270 or 
similar laws.
    (3) Conferring with Agency program and procurement officials to 
establish Agency monetary procurement goals, minority institution 
commitments, minority business development plans, and ensuring that 
Agency program and procurement officials cooperate to achieve these 
objectives.
    (4) Ensuring that reports concerning degree of achievement of the 
above objectives are accurate and submitted in a timely manner.

5. Reservations of Authority and Responsibility

    a. The submission of reports and recommendations to the President 
and the Congress concerning the administration of statutory or 
administrative provisions is reserved to the Secretary, as is the 
submission of the Department's annual plan and annual report to the SBA 
on participation by small business concerns, small disadvantaged 
businesses, women-owned small businesses, HUBZone businesses, and 
businesses owned by service-disabled veterans, in the Department's 
procurement actions.
    b. This Secretary's Order does not affect the authorities or 
responsibilities of the Office of Inspector General under the Inspector 
General Act of 1978, as amended, or under Secretary's Order 2-90 
(January 31, 1990).

6. Transfer of Authority

    The Director of the Office of Small Business Programs may transfer 
the authority and responsibility set forth in paragraphs 4a(6)-(10) to 
other agency heads, as appropriate.

7. Effective Date

    This Order is effective immediately.

    Dated: October 10, 2002.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 02-26738 Filed 10-21-02; 8:45 am]
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