[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60802-60803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8664]



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Part III





Department of Labor





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Secretary's Order 11-2006; Notice

  Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 11-2006]


Legislative Clearance Process; Drafting Legislative Proposals

    1. Purpose and Scope. The purpose of this Secretary's Order is to 
delegate authorities and responsibilities within the Department of 
Labor for preparation and clearance of legislative comments and 
legislative proposals.
    2. Authorities and Reference. This Order is issued under the 
authority of 5 U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 
(Establishment of Department; Secretary; Seal); and Reorganization Plan 
No. 6 of 1950 (5 U.S.C. Appendix 1).
    3. Background. The Department of Labor (DOL) is requested to 
comment on many legislative proposals and related matters by the Office 
of Management and Budget (OMB) and Congressional committees. The 
Solicitor of Labor is responsible for legal review of all legislative 
matters. Related to these legal responsibilities and at the direction 
of the Secretary, the Office of the Solicitor also obtains and 
coordinates the views of the DOL offices and agencies on legislative 
matters. In this connection, the Solicitor has delegated to the 
Associate Solicitor for Legal Counsel the responsibility of serving as 
Legislative Liaison Officer with OMB in carrying out the Department's 
responsibilities under OMB Circular A-19. This Order sets forth the 
procedures to be followed to ensure full consideration of legislative 
proposals affecting the Department, and to secure appropriate clearance 
before the Department's views are officially communicated.
    The Department of Labor is also charged with the development and 
submission of proposed legislation related to its mission and statutory 
duties. This Order also sets forth the responsibilities of DOL agencies 
for the drafting of legislation and the processes for clearing such 
draft legislation.
    Only the Secretary of Labor may authorize the expression of views 
of the Department, or any component thereof, on legislative proposals 
or the transmittal of draft legislation. Pursuant to Secretary's Order 
7-89, the Assistant Secretary for Congressional and Intergovernmental 
Affairs is delegated authority and assigned responsibility for 
maintaining the Department's relationship with the Congress, 
legislative planning and action on the President's initiatives and 
other legislative matters affecting the Department, and coordinating 
the transmittal of information to the Congress.
    4. Legislative Reports--Delegation of Authorities and Assignment of 
Responsibilities.
    A. The Solicitor.
    (1) As the initial step in the preparation of the Department's 
views on legislative proposals, the Office of the Solicitor will 
expeditiously transmit the proposals and supporting materials for 
comment to all DOL Agencies and Offices impacted by the proposals, in 
addition to Office of Congressional and Intergovernmental Affairs and 
Office of the Assistant Secretary for Policy (OASP). The legislative 
proposals and supporting materials will be sent to individuals 
designated by Assistant Secretaries and Agency/Office heads. The Office 
of the Solicitor will determine deadlines for response. Because of time 
constraints imposed by OMB or the Congress, these deadlines will 
frequently be very short.
    (2) It is important that these deadlines be strictly adhered to in 
order to permit timely preparation of draft Departmental views. 
Accordingly, when a deadline for comments is not met by an Agency or 
Office, it may be necessary for the draft views to be sent forward 
without an Agency's or Office's views.
    (3) Once the Office of the Solicitor receives the views of the 
affected Agencies and Offices, it will prepare the draft Departmental 
views. These views may be in written or oral form, as appropriate. The 
draft views will be circulated to all affected Agencies and Offices in 
addition to OCIA and OASP. The Assistant Secretary for Congressional 
and Intergovernmental Affairs, the Assistant Secretary for Policy, and 
the Solicitor of Labor shall also review all Departmental views.
    (4) Following the clearance of the draft views by the affected 
Agencies, Offices, and above-referenced officials, the Office of the 
Solicitor will present the draft views to the Office of the Secretary 
in the manner specified by that Office.
    (a) If an affected Agency or Office does not provide input within 
the specified time, the Office of the Solicitor may use its discretion 
to proceed without this input, but shall note the absence of the 
Agency's input in presenting the draft views to the Office of the 
Secretary.
    (b) If there are differences among the agencies on the draft views, 
the Office of the Solicitor will endeavor to reconcile them with 
appropriate involvement by the Office of the Assistant Secretary for 
Congressional and Intergovernmental Affairs and the Office of the 
Assistant Secretary for Policy. In the event that differences remain, 
these shall be presented to the Office of the Secretary.
    (5) Once the Office of the Secretary approves the draft views, the 
Office of the Solicitor shall transmit them to OMB.
    (6) The Office of the Solicitor, in its role as Legislative Liaison 
Officer to OMB, shall have the responsibility for receiving any 
passback from OMB and coordinating the resolution of any outstanding 
issues with affected DOL agencies.
    (7) Following receipt of OMB clearance, the Office of the Solicitor 
shall make appropriate arrangements for the actual communication of the 
Department's views.
    (8) The Office of the Solicitor will establish a procedure to 
monitor the progress of legislative reports (i.e., the official views 
of the Administration as developed by the foregoing process) and will 
keep each Agency and Office informed as to the time limits that must be 
met.
    B. Assistant Secretary for Congressional and Intergovernmental 
Affairs. The Assistant Secretary for Congressional and 
Intergovernmental Affairs has been delegated authority and assigned 
responsibility for maintaining the Department's relationship with the 
Congress, legislative planning and action on the President's 
legislative initiatives and other legislative matters affecting the 
Department, and coordinating communications with Congress, including 
communications initiated by Congress. No other Agency or Office may 
communicate views to the Congress on legislative matters without the 
approval of the Assistant Secretary.
    C. Assistant Secretaries and Agency Heads. Each Agency and Office 
shall assure the availability of officials authorized to comment on 
legislative proposals and clear reports at all times during business 
hours. For this purpose, each Agency and Office Head shall provide a 
list of persons in addition to himself who has been delegated such 
authority. This list shall be transmitted to the Solicitor.
    5. Preparation of Legislation--Delegation of Authorities and 
Assignment of Responsibilities.
    A. Before any substantial expenditure of time or resources in the 
development of any legislative proposal, the head of the Agency or 
Office advancing the proposal shall notify the Assistant Secretary for 
Policy, the Assistant Secretary for Congressional and Intergovernmental 
Affairs, and the Solicitor of Labor with respect to the nature of the 
legislation that will be proposed.

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    B. The Assistant Secretary for Policy will inform the Agency or 
Office Head whether consideration of the proposal by the Policy 
Planning Board (PPB) is necessary. (Please see Secretary's Order 3-2002 
(Policy Planning Board).
    C. Following a decision as to the applicability of PPB procedures, 
the proposing Agency or Office will contact the Office of the Solicitor 
to determine whether additional internal clearance, consistent with 
Section 4 of this Order, is necessary. The Office of the Solicitor 
shall also ensure that the proposed legislation is accompanied by 
appropriate supporting documentation, such as section-by-section 
analyses and transmittal letters (``transmittal package'').
    D. The Office of the Assistant Secretary for Policy and/or the 
Office of the Solicitor shall present the cleared legislative proposal 
and transmittal package to the Office of the Secretary of Labor for 
review and Departmental approval.
    E. If the Office of the Secretary approves the proposed legislation 
and transmittal package, the Office of the Solicitor will submit these 
items to OMB in accordance with OMB Circular A-19.
    F. The Office of the Solicitor shall have the responsibility of 
receiving any passback from OMB and coordinating the resolution of any 
outstanding issues with the affected DOL Agencies or Offices.
    G. Following receipt of OMB clearance, the Office of the Solicitor 
will work with the Office of Congressional and Intergovernmental 
Affairs and the Office of the Secretary to arrange for formal 
transmittal of the draft legislation and supporting documents to the 
Congress.
    6. Directives Affected.
    A. This Order repeals Secretary's Order 26-1972 (``Deadlines on 
Legislative Comments--Sign-off Authority for Legislative Comments--
Drafting Legislative Proposals'').
    B. This Order does not affect the responsibilities of the Assistant 
Secretary for Congressional and Intergovernmental Affairs or the 
Assistant Secretary for Public Affairs under Secretary's Order 7-89.
    C. This Order does not affect the authorities or responsibilities 
of the Office of Inspector General (OIG) under the Inspector General 
Act of 1978, as amended, or under Secretary's Order 04-2006 (February 
21, 2006).
    D. This Order does not affect the authorities or responsibilities 
of the EEOICPA Ombudsman under the Energy Employees Occupational 
Illness Compensation Program Act or under Secretary's Order 1-2005.
    7. Effective Date. This Order is effective immediately.

    Dated: October 2, 2006.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 06-8664 Filed 10-13-06; 8:45 am]
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