[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42234-42235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6445]



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Part IV





Department of Labor





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Office of the Secretary



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Delegation of Authorities and Assignment of Responsibilities to the 
Assistant Secretary for Policy; Notice

  Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 13-2006]


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; Reorganization Plan No. 6 of 1950 (5 U.S.C. Appendix 1); 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]; Executive Order 12866, ``Regulatory Planning and Review'' 
(September 30, 1993), as amended by Executive Order 13258 (February 26, 
2002); and Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking'' (August 13, 2002).

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 2-2002, which delegated authority and 
assigned responsibilities to the Assistant Secretary for Policy (OASP), 
is cancelled.
    (3) This Order does not affect Secretary's Order 2-2005, which 
establishes policy and assigns responsibilities for the management of 
Department of Labor enterprise communication services, including 
Internet and intranet Web sites, telephone contact centers, electronic 
correspondence, translation services, and similar activities.
    (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 since 
its inception 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 regulatory and programmatic policy and 
legislative issues, and issues related to economic data and trends, 
particularly as they impact preparing the American workforce for the 
21st century economy. The accelerating rate of technological and 
economic change compels the need for a cadre of skilled analysts 
available to the Secretary who can respond quickly to urgent policy and 
programmatic matters. Thus, this Order sets forth OASP's role of 
providing support, analysis, and advice to the Secretary and Deputy 
Secretary on policy, programmatic, economic, technical, regulatory, and 
compliance assistance issues.
    This Order describes current OASP responsibilities, delineates 
additional responsibilities, and realigns the offices within OASP to 
include the Office of Economic Policy and Analysis, the Office of 
Regulatory and Programmatic Policy, and the Office of Compliance 
Assistance Policy. This Order eliminates the Office of Research and 
Technology Policy, and consolidates the former Offices of Regulatory 
Policy and of Programmatic Policy into one office to address both 
programmatic and regulatory policy development and analysis. The Order 
also addresses OASP's role with respect to the Policy Planning Board 
(see Secretary's Order XX-2006); Executive Order 12866 and related 
guidance from the Office of Management and Budget's Office of 
Information and Regulatory Affairs; the requirements of the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act (SBREFA); and the administration of the DOL 
Working Partners for an Alcohol- and Drug-Free Workplace program.
    This Order and Secretary's Order 4-2002 (Office of Small Business 
Programs) consolidate and restructure the Department's compliance 
assistance programs, enhancing policy coordination. Compliance 
assistance is 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. Under this 
Order, OASP has the responsibility of assuring the full, effective, and 
resourceful implementation of the Department's compliance assistance 
initiatives.
    Finally, consistent with Secretary's Order 09-2006, (Office of Job 
Corps), this Order sets forth OASP's responsibilities related to the 
Office of Job Corps.

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 
regulatory, programmatic and compliance assistance policy and economic 
policy formulation, including the impact of Departmental policies and 
programs on general economic policy.
    (2) Consistent with Secretary's Order 12-2006, 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 Policy, to be headed by a 
Director, 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, research and analysis.
    (c) An Office of Regulatory and Programmatic Policy, to be headed 
by a Director, which will implement, manage, and coordinate 
Departmental regulatory and programmatic policy, and serve as the 
Departmental liaison with the Office of the Federal Register.
    (4) Providing the analytical support required by the Secretary, 
Deputy Secretary, and Policy Planning Board with respect to policy 
issues and trends that 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 to the formulation of policy, and preparing economic analyses 
relating to economic impact of Departmental

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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) Providing analysis and advice to the Secretary and Deputy 
Secretary on policies and programs related to developing, implementing 
and institutionalizing compliance assistance initiatives, including 
reviewing Agency compliance assistance plans, identifying and promoting 
best practices and providing leadership and coordination in creating 
departmental compliance assistance tools, such as elaws Advisors and 
small business guides.
    (8) Compiling economic data and analysis for the Secretary and 
Deputy Secretary on current economic developments.
    (9) Conducting appropriate research, analysis and evaluation 
activities in accord with the Secretary's selected priorities.
    (10) Preparing and providing analysis and advice to the Secretary, 
Deputy Secretary and PPB on the Departmental research agenda, including 
all current, recently completed or planned Agency research projects.
    (11) Advising the Secretary, Deputy Secretary and Director of the 
Office of Jobs Corps on research, evaluations and policy initiatives 
related to the Job Corps program.
    (12) In consultation with the Office of the Solicitor, 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 similar 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 and Semi-Annual Peer Review Agenda.
    (e) In coordination with the Office of Small Business Programs, 
acting as the Department's liaison with the Small Business 
Administration (SBA), including its Chief Counsel for Advocacy and 
Office of the National Ombudsman.
    (f) Consistent with Secretary's Order 12-2006, providing analysis 
for the Policy Planning Board.
    (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 that 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.
    (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) Ensuring that reports requested by OASP concerning the 
achievement of the objectives of this order 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 the Inspector General under the 
Inspector General Act of 1978, as amended, or under Secretary's Order 
4-2006 (February 21, 2006).

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: July 10, 2006.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 06-6445 Filed 7-24-06; 8:45 am]
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