[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42238-42239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6446]



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Part V





Department of Labor





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Office of the Secretary



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Establishment of the Policy Planning Board; 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 12-2006]


Establishment of the Policy Planning Board

1. Purpose

    To establish the Policy Planning Board (PPB or the Board) as a 
Department of Labor (DOL or Department)-wide forum responsible for 
reviewing, developing, and advancing all major Departmental or Agency 
policy initiatives.

2. Authority and Directives Affected

    A. Authority. This Order is issued pursuant to 29 U.S.C. 551 et 
seq.; 5 U.S.C. 301; Reorganization Plan N. 6 of 1950 (5 U.S.C. Appendix 
1); 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]; and Executive Order 12866, ``Regulatory Planning and 
Review'' (September 30, 1993), as amended by Executive Order 13258 
(February 26, 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 3-2002, concerning the Policy Planning Board, 
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).
    (4) This Order does not affect the authority of the Management 
Review Board under Secretary's Orders 3-2003 and 5-2001.
    (5) This Order does not affect the Chief Information Officer's 
duties under the Paperwork Reduction Act (see Secretary's Order 3-
2003).

3. Background

    By a June 2001 memorandum, the Secretary of Labor created the PPB 
in order to ensure that major Departmental or Agency policy 
initiatives, and initiatives that cut across agency lines or require 
interdepartmental coordination, are fully considered by the appropriate 
DOL agencies, that such initiatives are consistent with Department and 
Administration policy, and that implementation of policies is coherent 
and responsible. This Order reaffirms the establishment of the PPB 
within the Department.

4. Board Composition and Process

    A. Chairs. The PPB will be co-chaired by the Deputy Secretary and 
the Assistant Secretary for Policy. If neither the Deputy Secretary nor 
the Assistant Secretary for Policy is able to attend a meeting, that 
meeting will be chaired by their deputy or designee.
    B. Membership. The membership of the PPB will be determined 
periodically by the Secretary, but will consist solely of heads of DOL 
agencies or offices.
    C. Process.
    (1) The PPB will meet as necessary.
    (2) All meetings will be convened by one or both chairs with 
sufficient advance notice to promote full member participation.
    (3) Not all PPB items require a Board meeting. The PPB chairs, 
after consultation with the action agency, may decide to circulate a 
proposed action to the necessary Board members for review without a 
meeting. Should such a ``fast track'' review result in identification 
of previously unforeseen issues, a Board meeting may be called by 
either chair.
    (4) Following PPB deliberations, one or both chairs will advise the 
Secretary of PPB recommendations. Where PPB recommendations are not 
unanimously adopted, dissenting recommendations shall be submitted to 
the Secretary with the PPB recommendation, at the request of any 
dissenting members.
    (5) The Secretary will make all final decisions on PPB matters. One 
or both chairs (or their designees) will advise members of the 
Secretary's final decision.
    (6) The PPB may establish such standing or special ad-hoc 
workgroups, as appropriate, to implement agreed-upon activities and 
projects. Chairs of these workgroups shall report to the chairs of the 
PPB.
    (7) Participation in Board and Workgroup meetings is limited to 
Federal Government officials.
    D. Confidentiality. All PPB documents, discussions, recommendations 
and decisions are confidential and may be discussed with others only on 
a ``need-to-know'' basis.

5. Delegation of Authority and Assignment of Responsibility

    A. The Policy Planning Board is delegated authority and assigned 
responsibility for coordinating all major Departmental or Agency policy 
initiatives and recommending the best course of action to the 
Secretary, including:
    (1) Ensuring that all major policy options are considered, and that 
initiatives are consistent with Administration policy.
    (2) Reviewing and making recommendations regarding Departmental or 
Agency regulatory actions; regulatory policy directives (for example, 
interpretive bulletins and administrative opinion letters); the 
Department's Semi-Annual Regulatory Agenda and Semi-Annual Peer Review 
Agenda; any other significant actions to be published in the Federal 
Register; and all new survey programs, renewals of survey programs with 
a large paperwork burden, or renewals of significant survey programs.
    (3) Reviewing Agency annual compliance assistance plans and 
enforcement plans and all new significant Departmental or Agency 
enforcement initiatives.
    (4) Consistent with Secretary's Order 11-2006 (Legislative 
Clearance Process; Drafting Legislative Proposals), considering all 
legislative proposals initiated by the Department and, upon 
recommendation by the Office of Congressional and Intergovernmental 
Affairs (OCIA) and the Office of the Solicitor (SOL), considering the 
impact of certain legislative proposals initiated by the Congress or 
other Executive Departments.
    (5) Considering all proposals related to the initiation or 
formation of an advisory board, negotiated rulemaking committee, or 
similar body that includes members from outside of DOL.
    (6) Reviewing a Departmental research agenda, including current, 
recently completed or planned Agency research projects.
    (7) Developing and advancing cross-cutting Departmental policy 
initiatives.
    (8) Performing any additional or similar duties which may be 
assigned by the Secretary.
    B. The Deputy Secretary is responsible for attending PPB meetings, 
acting as co-chair of the PPB, advising the Secretary of PPB 
recommendations, and ensuring that PPB members are advised of the 
Secretary's final decisions on PPB matters. If the Deputy Secretary 
cannot attend a PPB meeting, he or she may designate an associate 
deputy or other suitable representative to attend.
    C. The Assistant Secretary for Policy is responsible for 
maintaining the PPB agenda and providing analytic and administrative 
leadership and support for the PPB, including:
    (1) Attending PPB meetings, acting as co-chair of the PPB, advising 
the Secretary of PPB recommendations, and ensuring that PPB members are 
advised of the Secretary's final decisions on PPB matters. If the 
Assistant Secretary cannot attend a PPB meeting, he or she may 
designate a deputy or other suitable

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representative of the Assistant Secretary to attend.
    (2) Designating a staff coordinator(s) to provide administrative 
leadership and support for the PPB.
    (3) Preparing, coordinating and reviewing the Department's Semi-
Annual Regulatory Agenda and the Semi-Annual Peer Review Agenda, prior 
to PPB review and decision.
    (4) Preparing procedural requirements and timetables applicable to 
Agency submissions to the PPB.
    (5) Working with DOL agencies to identify issues or initiatives 
requiring PPB consideration and to ensure that all necessary related 
information is provided to the PPB.
    (6) Promoting participation by DOL agencies on the PPB.
    (7) Consistent with Secretary's Order 11-2006 (Legislative 
Clearance Process; Drafting Legislative Proposals), working with OCIA 
and SOL to staff and schedule legislative items identified by those 
offices for Board consideration.
    (8) Working with DOL agency and SOL staff to facilitate review of 
items by OMB.
    (9) Maintaining minutes of PPB meetings, including decisions and 
assignments.
    (10) Maintaining a password-protected, non-public Web site on the 
DOL's LaborNet that includes PPB meeting schedules; agendas for each 
PPB meeting; agency memoranda to the PPB and accompanying materials; 
the Board's recommendations; the Secretary's decisions; status reports; 
resources, such as supplemental PPB policy and procedures and the DOL 
Regulatory Handbook; and any other items identified by the PPB or its 
members.
    (11) Preparing a weekly summary of items that agencies intend to 
publish in the Federal Register in the upcoming week.
    (12) Compiling a Departmental research agenda, including current, 
recently completed or planned Agency research projects.
    D. The Assistant Secretary for Administration and Management is 
responsible for providing any support or advice required by the Board 
or Secretary.
    E. The Assistant Secretary for Congressional and Intergovernmental 
Affairs is responsible for:
    (1) Recommending, in conjunction with SOL, legislative proposals 
initiated by the Congress or other Executive Departments to the PPB for 
consideration.
    (2) Working with the Office of the Assistant Secretary for Policy 
(OASP) and SOL to staff and schedule legislative items identified for 
PPB consideration.
    (3) Attending all PPB meetings or, if unable to do so, designating 
a deputy or other suitable representative of the Assistant Secretary to 
attend.
    F. The Assistant Secretary for Public Affairs is responsible for 
attending all PPB meetings, or, if unable to do so, designating a 
deputy or other suitable representative of the Assistant Secretary to 
attend.
    G. The Solicitor of Labor is responsible for:
    (1) Providing legal advice and assistance to all DOL officials 
relating to implementation and administration of all aspects of this 
Order.
    (2) Recommending, in conjunction with OCIA, legislative proposals 
initiated by the Congress or other Executive Departments to the PPB for 
consideration.
    (3) Working with OASP and OCIA to staff and schedule legislative 
items identified for PPB consideration.
    (4) Attending all PPB meetings, or, if unable to do so, designating 
a deputy or other suitable representative of the Solicitor to attend.
    H. All DOL Agency Heads are responsible for:
    (1) Attending PPB meetings when an item being discussed has a 
potential impact on their respective agencies' policies and providing 
to the PPB the perspective of their respective agencies on matters 
before the PPB. If an Agency Head cannot attend a meeting, he or she 
may designate a deputy or other suitable representative of the Agency 
Head to attend.
    (2) Seeking PPB consideration of policy initiatives that relate to 
their respective agencies' mission and responsibilities, including:
    (a) Agency regulatory actions; regulatory policy directives (for 
example, interpretive bulletins and administrative opinion letters); 
any other significant actions to be published in the Federal Register; 
and all new survey programs, renewals of survey programs with a large 
paperwork burden, or renewals of significant survey programs.
    (b) Annual compliance assistance plans and enforcement plans and 
significant new enforcement initiatives.
    (c) Programmatic, legislative and/or policy initiatives involving 
significant Administration, Congressional or constituent interest (for 
example, outreach campaigns, program implementation plans, or 
precedential interpretations of laws or regulations).
    (d) All proposals related to the initiation or formation of an 
advisory board, negotiated rulemaking committee, or similar body that 
includes members from outside DOL.
    (e) All current, recently completed or planned Agency research 
projects, as part of the Departmental research agenda.
    If an agency is not sure that an item requires PPB review, it 
should discuss the item with OASP.
    (3) Preparing documents for PPB discussion, recommendation and 
decision in accordance with the procedures and timetables established 
by OASP, to ensure that all information necessary to PPB review is 
compiled and submitted to the PPB in a timely manner.
    (4) Justifying all requests for ``fast track'' approval.
    (5) Including OASP and SOL in consultations with OMB on all items 
approved by the PPB.
    (6) Cooperating with OASP in preparing the weekly summary of items 
that will be published in the Federal Register under Section 5(c)(11) 
of this Order.
    I. All PPB Members are responsible for:
    (1) Ensuring their appropriate involvement with the duties 
delegated to the PPB membership.
    (2) Assisting in preparations of documents for PPB discussions, 
recommendations, and decisions.
    (3) Performing any additional or similar duties that may be 
assigned by the Secretary.

6. 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 
04-2006 (February 21, 2006).

7. Effective Date

    This Order is effective immediately.

    Dated: July 10, 2006.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 06-6446 Filed 7-24-06; 8:45 am]
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