[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Notices]
[Pages 64982-64983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26739]



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Part III





Department of Labor





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Secretary's Order 2-2002; Delegation of Authorities and Assignment of 
Responsibilities to the Assistant Secretary for Policy; 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 2-2002; Delegation of Authorities and 
Assignment of Responsibilities to the Assistant Secretary for Policy

1. Purpose

    To define and delegate authorities and responsibilities to the 
Assistant Secretary for Policy.

2. Authorities and Directives Affected

a. Authorities

    This Order is issued pursuant to 29 U.S.C. 551 et seq.; 5 U.S.C. 
301; 5 U.S.C. 5315; the Regulatory Flexibility Act, as amended by the 
Small Business Regulatory Enforcement Fairness Act [see 5 U.S.C. 601 et 
seq. and 15 U.S.C. 657]; the Federal Advisory Committee Act [5 U.S.C. 
App.]; General Services Administration regulations governing Federal 
Advisory Committee management (41 C.F.R. 102-3, Subpart A); Executive 
Order 12838, ``Termination and Limitation of Federal Advisory 
Committees'' (February 10, 1993); Executive Order 12866, ``Regulatory 
Planning and Review'' (September 30, 1993), as amended by Executive 
Order 13258 (February 26, 2002); Executive Order 13272, ``Proper 
Consideration of Small Entities in Agency Rulemaking'' (August 13, 
2002); and Office of Management and Budget Circular A-135, ``Management 
of Federal Advisory Committees'' (October 5, 1994).

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 2-82, which delegated authority and assigned 
responsibilities to the Assistant Secretary for Policy (OASP), is 
cancelled.
    (3) This Order does not affect Secretary's Order 2-2000, which 
establishes policy and assigns responsibilities for the development, 
implementation, institutionalization, and continuing support of 
Department of Labor public Internet services.
    (4) 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

    The Office of the Assistant Secretary for Policy (OASP) has 
traditionally provided advice and assistance to the Secretary and 
Deputy Secretary in a number of areas, including policy development, 
program implementation, program evaluations, research, budget and 
performance analysis, and legislative and other policy support. The 
Secretary of Labor advises the President and represents the Department 
of Labor (DOL or Department) in Cabinet deliberations dealing with 
significant and complex issues of, e.g., a scientific, financial, and 
statistical nature, particularly as these issues have an impact on the 
welfare of the American workforce. The accelerating rate of 
technological and economic change compels the availability to the 
Secretary of a cadre of skilled analysts who can respond quickly to 
urgent policy matters. Thus, this Order refocuses OASP's role to 
provide support, analysis, and advice to the Secretary and Deputy 
Secretary on policy, programmatic, technical, regulatory, and 
compliance assistance issues.
    This Order also compiles current OASP responsibilities and 
delineates additional responsibilities, including institutionalization 
of the Office of Economic Policy and Analysis, the Office of Regulatory 
Policy, the Office of Programmatic Policy, and the Office of Research 
and Technology Policy. The Order also addresses OASP's role with 
respect to the Policy Planning Board (see Secretary's Order 3-2002); 
the management of compliance with the Federal Advisory Committee Act 
and related laws and regulations; the requirements of the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act (SBREFA); the coordination and management of 
the overall DOL public web site presence; and the administration of the 
DOL Working Partners for an Alcohol and Drug-Free Workplace program.
    Finally, this Order and concurrently issued Secretary's Order 4-
2002 (Office of Small Business Programs) substantially consolidate and 
restructure the Department's compliance assistance programs and enhance 
its outreach efforts. Compliance assistance has become an essential and 
integral part of how the Department conducts its business and fulfills 
its mission. In order to avert and deter violations of wage, safety, 
employee benefits, and other laws that it administers, the Department 
must offer strong, effective compliance assistance programs. Employers 
and employees must have access to clear, accurate, and understandable 
information on achieving compliance with laws under the Department's 
jurisdiction. This Order consequently establishes the position of Chief 
Compliance Assistance Officer within OASP and also assigns to OASP the 
responsibility of assuring the Department's full, effective, and 
resourceful implementation of compliance assistance initiatives.

4. Delegation of Authorities and Assignment of Responsibilities

    a. The Assistant Secretary for Policy is delegated authority and 
assigned responsibility for:
    (1) Advising the Secretary and Deputy Secretary and supervising the 
preparation of studies, analyses, public statements and other policy 
statements with respect to the Secretary's duties in the areas of 
policy and economic policy formulation, including the impact of 
Departmental policies and programs on general economic policy.
    (2) Consistent with Secretary's Order 3-2002, providing analytic 
and administrative leadership and support for the Department's Policy 
Planning Board.
    (3) Establishing the following offices and positions within OASP:
    (a) An Office of Compliance Assistance, to be headed by a Chief 
Compliance Assistance Officer, which will implement, manage, and 
coordinate Departmental compliance assistance policies, initiatives and 
programs, including Department-wide cross-cutting initiatives.
    (b) An Office of Economic Policy and Analysis, to be headed by a 
Chief Economist, which will implement, manage, and coordinate 
Departmental economic policy and analysis.
    (c) An Office of Regulatory Policy, to be headed by a Director, 
which will implement, manage, and coordinate Departmental regulatory 
policy.
    (d) An Office of Programmatic Policy, to be headed by a Director, 
which will implement, manage, and coordinate Departmental programmatic 
policy.
    (e) An Office of Research and Technology Policy, to be headed by a 
Director, which will implement, manage, and coordinate Departmental 
research and technology policy.
    (4) Providing the analytical support required by the Secretary, 
Deputy Secretary, and Policy Planning Board with respect to policy 
issues and trends which require economic analyses or other expertise, 
including:
    (a) Providing analysis of issues in the macroeconomic and 
microeconomic policy areas.
    (b) Preparing recommendations and analyses with respect to long- 
and short-term economic trends, preparing economic studies and analyses 
related

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to the formulation of policy, and preparing economic analyses relating 
to economic impact of Departmental policies, regulations, and programs 
on general administration policy within the United States.
    (5) In consultation with the Office of the Solicitor, representing 
the Secretary in a variety of forums attended by officials in the 
government and with appropriate outside parties and maintaining 
continuous and personal liaison with those groups and the White House 
on matters involving policy, Departmental programs, economic issues, 
regulations, or compliance assistance.
    (6) Reviewing cross-cutting activities within the Department as 
they pertain to the Secretary's broader policy functions, including 
Government Performance Results Act and other Departmental reports, 
budget and legislative proposals, and Congressional reports, and 
coordinating selected reports to OMB and other agencies.
    (7) Conducting appropriate research and evaluation activities in 
accord with the Secretary's selected priorities within the Department.
    (8) In consultation with the Office of the Solicitor, and primarily 
through the Office of Compliance Assistance, providing general 
oversight of, and guidance for, the Department's compliance with the 
Regulatory Flexibility Act, as amended by SBREFA, and related laws 
(including EO 12866, EO 13272, or equivalent executive orders), 
including such activities as:
    (a) Developing and implementing the written Departmental policies 
and procedures concerning the potential impact of draft rules on small 
entities, as required by Section 3(a) of EO 13272.
    (b) Providing analysis, guidance, review, and technical assistance, 
as necessary, to program agencies which are preparing required studies 
such as regulatory impact and flexibility studies.
    (c) Providing guidance and technical assistance, as necessary, to 
program agencies during the Small Business Advocacy Review Panel 
process (if applicable).
    (d) Preparing, coordinating, and reviewing the Department's Semi-
Annual Regulatory Agenda.
    (e) In coordination with the Office of Small Business Programs, 
acting as the Department's liaison with the Small Business 
Administration (SBA), including SBA's Chief Counsel for Advocacy under 
SBREFA.
    (f) Consistent with Secretary's Order 3-2002, providing analysis 
for the Policy Planning Board.
    (9) In consultation with the Office of the Solicitor, ensuring that 
the Department meets the requirements for advisory committee operations 
set forth in the Federal Advisory Committee Act, as well as related 
laws, regulations, and guidance, by
    (a) Serving as the Department's Advisory Committee Management 
Officer.
    (b) Coordinating with DOL Agency Heads and the White House Liaison 
on the appointment of individuals to advisory committees.
    (c) Providing administrative oversight and direction for the 
Department's advisory committees to assure that requirements are met 
regarding charters, membership notice, conduct, planning, reporting, 
and termination of committee operations.
    (10) Consistent with DOL Secretary's Order 2-2000, coordinating and 
managing the overall public web site presence to ensure that web site-
based information and services are cohesive, accessible, timely, 
accurate, and authoritative.
    (11) Administering the Department's Working Partners for an Alcohol 
and Drug-Free Workplace Program and its Small Business initiative.
    (12) Coordinating and consulting, as appropriate, with other DOL 
agencies in fulfilling the above responsibilities.
    (13) Performing any additional or similar duties which may be 
assigned by the Secretary.
    b. The Assistant Secretary for Administration and Management is 
delegated authority and assigned responsibility for:
    (1) Ensuring that any transfer of budgetary resources arising from 
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.
    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 coordinating with OASP on 
policies and activities relating to the mission of their respective 
agencies, including:
    (1) In consultation with the Office of the Solicitor, fulfilling 
the requirements of the Regulatory Flexibility Act, as amended by 
SBREFA, and related laws, including appropriate coordination with small 
entities in the development of rules, production of plain language 
compliance guides, and responding to requests for information.
    (2) In consultation with the Office of the Solicitor, implementing 
the requirements of the Federal Advisory Committee Act, and related 
laws, regulations and guidance for all committees within their 
jurisdiction.
    (3) Ensuring that reports concerning degree of achievement of the 
above objectives are accurate and submitted in a timely manner.

5. Reservation 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.
    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. Redelegation/Reassignment of Authority

    All authorities and responsibilities enumerated in this Order may 
be redelegated or reassigned within OASP.

7. Effective Date

    This Order is effective immediately.

    Dated: October 10, 2002.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 02-26739 Filed 10-21-02; 8:45 am]
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