[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Notices]
[Pages 40934-40937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16224]



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Part III





Department of Labor





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Office of the Secretary; Secretary's Order 3-2008; Delegation of 
Authorities and Assignment of Responsibilities to the Chief Human 
Capital Officer and Others; Notice

  Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary


Secretary's Order 3-2008; Delegation of Authorities and 
Assignment of Responsibilities to the Chief Human Capital Officer and 
Others

    1. Purpose. To delegate authority and assign responsibilities for 
implementation of the Chief Human Capital Officers Act and to 
consolidate the delegations of authority and assignments that 
incorporate all human resources management functions that address 
selecting, developing, training, and managing a high-quality, 
productive workforce.
    2. Directives Affected.
    A. This Order repeals and supersedes the following Secretary's 
Orders: 16-1976 (personnel), 11-1978 (internal labor-management), 2-
1994 (retirement coverage for law enforcement officers), the exception 
clause to Section 5(B)(4) of 01-2004 (internal EEO program) and 15-2006 
(individuals and veterans with disabilities) which assign human 
resources management functions to the Assistant Secretary for 
Administration and Management (ASAM).
    B. All Secretary's Orders and other DOL documents (including 
policies and directives) that reference Secretary's Orders 16-1976, 11-
1978, 2-1994, and 15-2006 shall be construed as amended to refer to 
this Order instead.
    C. Delegations or transfers of authority made by the ASAM pursuant 
to Secretary's Orders 16-1976, 11-1978, 2-1994, and 15-2006, including 
without limitation all delegations and transfers of authority made 
through Manual 4 (``Personnel Management'') of the Department of Labor 
Manual Series (DLMS) and the Department of Labor Personnel Regulations 
(DPR) will continue in effect unless and until modified or terminated 
by the CHCO pursuant to the proper exercise of authorities and 
responsibilities duly assigned by law or delegated by the Secretary to 
the CHCO.
    D. Except as otherwise provided in this Order, all other Orders, 
instructions, directives, and memoranda of the Secretary of Labor and 
other departmental officials, or portions thereof, are superseded to 
the extent they are inconsistent with this Order.
    3. Authority. This Order is issued pursuant to the following 
authorities: Act of March 4, 1913 (37 Stat. 736, 29 U.S.C. 551); 5 
U.S.C. 301; Section 12, Act of August 2, 1946 (60 Stat. 809, 5 U.S.C. 
302(b)); Section 01.3 of Executive Order 9830 (3 CFR, 1943-48 Comp. 
p.606); Reorganization Plan No. 6 of 1950 (64 Stat. 1263); 5 U.S.C. 
3111; Public Law 105-270, the Federal Activities Inventory Reform Act 
of 1998; the Chief Human Capital Officers Act of 2002, 5 U.S.C. 1401-
1402; the Rehabilitation Act of 1973 (Pub. L. 93-112, Title V, Sections 
501 and 504), as amended (Pub. L. 93-516); the Vietnam Era Veterans' 
Readjustment Assistance Act of 1974 (Pub. L. 93-508); 5 U.S.C. 720; 5 
U.S.C. 7201; 38 U.S.C. 4214; 29 U.S.C. 791; Vietnam Era Veterans' 
Readjustment Assistance Act of 1974, 38 U.S.C. 4212, as amended; the 
Equal Employment Opportunity Commission's Management Directive 715; the 
Civil Service Reform Act, Pub. L. 95-454, including the Federal Service 
Labor-Management Relations Act; 5 U.S.C. 8331(2); such additional 
Federal acts that from time to time may assign to the Secretary or the 
Department duties and responsibilities similar to those listed above, 
as directed by the Secretary.
    4. Background. The Chief Human Capital Officers Act of 2002 (the 
CHCO Act) was enacted as part of the Homeland Security Act of 2002 
(Pub. L. 107-296, section 1301 et seq.) on November 25, 2002. The CHCO 
Act requires the Department to establish the position of Chief Human 
Capital Officer to advise and assist the Secretary and other 
Departmental officials in carrying out the Department's 
responsibilities for selecting, developing, training, and managing a 
high-quality, productive workforce in accordance with merit system 
principles; to implement the rules and regulations of the President and 
the Office of Personnel Management and the laws governing the civil 
service within the Department; and to carry out such functions as the 
primary duty of the Chief Human Capital Officer. This Order 
consolidates, delegates, and assigns authority and responsibilities for 
human capital functions within the Department of Labor to the Chief 
Human Capital Officer and other Department officials consistent with 
the CHCO Act.
    5. Establishment of the Chief Human Capital Officer (CHCO). The 
CHCO Act established the position of Chief Human Capital Officer. The 
CHCO reports directly to the Secretary and Deputy Secretary of Labor 
and shall have human capital management as his or her primary duty.
    6. Establishment and Designation of the Deputy Chief Human Capital 
Officer (Deputy CHCO). There is established within the Department of 
Labor the position of Deputy Chief Human Capital Officer, who shall be 
designated by the CHCO. The Deputy CHCO shall report to the CHCO and 
shall be delegated such authority and assigned such responsibility as 
may be assigned by the CHCO from time to time.
    7. Delegation of Authorities and Assignment of Responsibilities to 
the CHCO.

A. Human Capital Management.

    (1) The CHCO will have the following authorities and 
responsibilities that are assigned to the CHCO by the CHCO Act:
    (a) Advising and assisting the Secretary and other agency officials 
in carrying out the Department's responsibilities for selecting, 
developing, training, and managing a high-quality, productive workforce 
in accordance with merit system principles;
    (b) Implementing the rules and regulations of the President and the 
Office of Personnel Management and the laws governing the civil service 
within the Department;
    (c) Setting the workforce development strategy of the Department;
    (d) Assessing workforce characteristics and future needs based on 
the Department's mission and strategic plan;
    (e) Aligning the Department's human resources policies and programs 
with the Department's mission, strategic goals, and performance 
outcomes;
    (f) Developing and advocating a culture of continuous learning to 
attract and retain employees with superior abilities;
    (g) Identifying best practices and benchmarking studies;
    (h) Applying methods for measuring intellectual capital and 
identifying links of that capital to organizational performance and 
growth;
    (i) Attending and participating in the Chief Human Capital 
Officers' Council; and
    (j) In furtherance of the human capital management authorities 
assigned to the CHCO herein, the CHCO may access all records, reports, 
audits, reviews, documents, papers, recommendations, or other material 
that are the property of the Department or are available to the 
Department and relate to programs and operations with respect to which 
the CHCO has responsibilities, and request from any Federal, state, or 
local governmental entity such information or assistance as may be 
necessary for carrying out the CHCO's duties and responsibilities 
pursuant to the CHCO Act.
    (2) Subject to the Reservations of Authority in paragraph 10 of 
this Order, and to the extent that they are not otherwise assigned to 
the CHCO by the CHCO Act or by law to another official, the CHCO is 
hereby delegated all authority and assigned all responsibility

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vested in the Secretary for human capital management within the 
Department of Labor, including, without limitation, the following:
    (a) Executing personnel, classification, and position management 
actions;
    (b) Recruiting, examining, and selecting candidates for positions 
within the Department, in full conformity with applicable laws and 
regulations;
    (c) Establishing and administering the Department's performance 
management and awards systems;
    (d) Establishing and administering programs for pay, benefits, and 
programs for improving the quality of work life for DOL employees;
    (e) Coordinating with the Chief Acquisition Officer with respect to 
the Department's responsibilities under Public Law 105-270, the Federal 
Activities Inventory Reform Act of 1998 (FAIR Act), so as to ensure all 
necessary and appropriate planning and implementation of human capital 
management activities;
    (f) Reviewing periodically the adequacy of DOL and agency 
succession directives; and
    (g) Establishing and implementing a system of metrics for assessing 
the management of human capital within the Department.
    B. Internal Labor-Management Relations Program. It is the policy of 
the Department of Labor to administer its internal program of labor-
management relations in accordance with applicable statutes, 
regulations, executive orders, and departmental policy. Accordingly, 
and subject to the Reservations of Authority in paragraph 10 of this 
Order, the CHCO is hereby delegated authority and assigned 
responsibility for the development, administration, coordination, and 
management of the Department's internal labor-management relations 
program, including, without limitation, the following:
    (1) Acting as the Department's representative in dealing with all 
exclusive unions representing Department of Labor employees, except in 
dealings between the Office of Labor Management Standards (OLMS) and 
National Union of Labor Investigators (NULI), which shall be the 
responsibility of the Assistant Secretary for Employment Standards 
(ASES), in coordination with the CHCO;
    (2) Establishing, in consultation with DOL Agencies, a Chief 
Negotiator and management negotiating team reflecting Agency 
representation of the bargaining unit for which term collective 
bargaining agreements are to be negotiated. The Chief Negotiator and 
team shall actively participate in the preparation for and conduct of 
the bargaining, including mediation and any dealings that come before 
the Federal Service Impasses Panel. With respect to the OLMS/NULI 
bargaining relationship, the bargaining team specified herein shall be 
constituted by the ASES and include a representative of the CHCO;
    (3) Subject to applicable laws, rules, and regulations, 
negotiating, signing, interpreting, and administering all collective 
bargaining agreements covering Department employees, including any 
supplements, amendments, corrections, alterations, substitutions, and/
or changes thereto, except that with respect to the OLMS/NULI 
bargaining relationship this authority is delegated to the ASES;
    (4) Approving all Agency-negotiated supplemental agreements 
covering the respective agency's employees, subject to applicable laws, 
rules, and regulations, except that with respect to the OLMS/NULI 
bargaining relationship this authority is delegated to the ASES, who 
shall consult with the CHCO;
    (5) Issuing interpretations of all collective bargaining agreements 
covering Department employees (after coordination with the Office of 
the Solicitor on any associated legal determinations, as appropriate), 
except as relates to the OLMS/NULI collective bargaining agreement 
which shall be interpreted by the ASES in coordination with the CHCO;
    (6) In coordination with representatives of appropriate DOL Agency 
Heads, establishing and developing the Department's positions on 
bargaining unit determinations, unfair labor practice cases, and 
arbitration cases, except that with respect to the OLMS/NULI bargaining 
relationship this authority is delegated to the ASES. For litigation 
matters, the CHCO or his or her designee shall utilize the legal 
services of the Office of the Solicitor to represent the Department in 
bargaining unit determinations; unfair labor practice proceedings, and 
appeals of arbitration decisions; and shall coordinate with the Office 
of Solicitor on the responsibility of representing the Department in 
arbitration proceedings. In litigation matters where the Solicitor is 
representing the Department, the Solicitor, after consultation with the 
CHCO or the ASES, as applicable, shall be responsible for determining 
the Department's legal positions.
    (7) Advising Agency Heads on final step grievances arising from 
negotiated grievance procedures at the last step prior to arbitration; 
determining whether a dispute arising out of a collective bargaining 
agreement covering Department employees shall be submitted to binding 
arbitration; and developing the Department's strategy for those 
arbitration proceedings conducted by the CHCO or his or her 
designee(s). In arbitration proceedings conducted by the Office of the 
Solicitor, the Solicitor of Labor shall develop the strategy in 
coordination with the CHCO or his or her designee(s);
    (8) Developing the primary Departmental internal labor-management 
relations training program and conducting it in conjunction with 
Agency/Regional labor relations officers and training personnel;
    (9) Evaluating management's internal labor relations activities in 
the Agencies and regions and providing periodic reports to top 
management; and
    (10) Developing and maintaining systems of intra-management 
consultation and communication on internal labor-management relations, 
providing, as necessary and appropriate, assistance and advice to 
managers and supervisors at all levels of the Department.
    C. Law Enforcement Retirement Matters. Except as reserved to the 
Secretary (for decisions relating to individuals within the Office of 
the Inspector General), the CHCO is delegated authority and assigned 
responsibility for making coverage decisions under 5 U.S.C. 8331(20) 
and 5 U.S.C. 8401(17), in accordance with applicable regulations.
    D. Employment of Individuals with Disabilities, Including Disabled 
Veterans, and Special Employment Programs. Consistent with the CHCO's 
overall human capital management authorities and responsibilities, the 
CHCO shall advise and assist the Secretary and the ASAM on human 
capital management matters pertaining to the Department's programs for 
employment of individuals with disabilities, including disabled 
veterans, and the Department's Special Employment programs.
    E. Other Duties. The CHCO will perform such additional duties as 
may be assigned to the CHCO by applicable law or regulation or by the 
Secretary from time to time.
    8. Other Delegations of Authority and Assignments of 
Responsibility.
    A. The Assistant Secretary for Administration and Management (ASAM) 
is delegated authority and assigned responsibility for the following:
    (1) Employment of Individuals with Disabilities, Including Disabled 
Veterans. It is the policy of the

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Department to encourage the use of Government-wide special hiring 
authorities, as provided for by the U.S. Office of Personnel 
Management, including without limitation Schedule A hiring authority, 
to employ and advance in employment qualified persons with 
disabilities, including veterans. The Department shall also ensure that 
the accommodation needs of these employees are met so that they may 
have equal access to the privileges and benefits of the workplace. 
Accordingly, subject to the Reservations of Authority in paragraph 10 
of this Order, the ASAM is hereby delegated authority and assigned 
responsibility for:
    (a) Administering the Department's programs for employment of 
qualified individuals with disabilities, including veterans with 
disabilities;
    (b) Issuing Departmental directives in support of these programs; 
and
    (c) Overseeing the fulfillment of Agency responsibilities for 
effective implementation of DOL policies concerning the employment of 
qualified persons with disabilities, including veterans with 
disabilities, except processing requests for reasonable accommodation 
by employees and applicants with disabilities as well as administrative 
complaint processing for alleged discrimination on the basis of 
disability pursuant to the Rehabilitation Act of 1973, as amended, and 
29 CFR part 1614 (EEOC Complaint Procedures Regulations).
    (2) Special Employment Programs.
    (a) Providing effective leadership in the implementation of special 
employment programs, such as the Federal Women's Program, the Hispanic 
Employment Program, and the Disability Employment Program, and 
appointing Departmental managers for special emphasis programs; and
    (b) Preparing Employment Program Reports as may be required by the 
Office of Personnel Management (OPM), including the Department's 
Disabled Veterans Affirmative Action Program (DVAAP) Plan, the Federal 
Equal Employment Opportunity Recruitment Program (FEORP) Plan, and the 
Affirmative Employment Program (AEP) Plan for Individuals with 
Disabilities, and making recommendations to Agency Heads for any 
necessary modifications prior to preparing and forwarding the 
Departmental plan to the Secretary of Labor for transmittal to OPM.
    (3) Consultation on Human Resources Matters. The ASAM shall advise, 
cooperate, and consult with the CHCO, as appropriate, on all matters 
relating to or affecting the Department's human capital management, 
including without limitation, the human capital management of the 
Department's programs relating to employment of individuals with 
disabilities, including disabled veterans, and the Department's special 
employment programs.
    B. The Assistant Secretary for Employment Standards (ASES) is 
delegated authority and assigned responsibility for administering the 
internal labor-management relations program as it applies to the Office 
of Labor Management Standards (OLMS), and its bargaining relationship 
with the National Union of Labor Investigators (NULI), as and to the 
extent set forth in paragraph 7(B).
    C. Agency Heads are delegated authority and assigned responsibility 
as set forth below:
    (1) Human Capital Management. Each Agency Head is responsible for:
    (a) Cooperating, consulting, advising, and assisting the CHCO in 
fulfilling the responsibilities set forth in paragraph 7(A) of this 
Order; and
    (b) Exercising such authorities and responsibilities for the 
conduct of personnel management activities within the Agency as are 
delegated to the Agency Head by the CHCO in accordance with merit 
system principles and all applicable laws, regulations, and 
Departmental polices.
    (2) Employment of Individuals with Disabilities, Including Disabled 
Veterans. Each Agency Head will promote maximum employment 
opportunities for qualified individuals with disabilities, including 
qualified veterans with disabilities, by:
    (a) Effectuating affirmative employment initiatives in their 
respective agencies;
    (b) Submitting statistical, evaluative, and narrative reports to 
the ASAM in support of all mandated reports;
    (c) Supporting and implementing Department policies concerning the 
employment of qualified individuals with disabilities, including 
qualified veterans with disabilities, including, without limitation:
    (i) Issuing policy directives to managers and supervisors 
expressing strong support for the employment of qualified individuals 
with disabilities, including qualified veterans with disabilities; and
    (ii) Conducting recruitment activities through their servicing 
Human Resources Offices to locate qualified individuals with 
disabilities and qualified veterans with disabilities.
    (3) Internal Labor-Management Relations. Agency Heads are 
responsible for:
    (a) Implementing uniformly the Department's internal labor-
management relations program throughout each such official's respective 
Agency;
    (b) Ensuring that collective bargaining agreements are observed;
    (c) Ensuring that supervisors and managers discharge their labor-
management responsibilities constructively;
    (d) Providing information to the Office of the CHCO on the nature 
of problem areas requiring policy development or interpretation;
    (e) Formulating proposals for consultation and contract 
negotiations; and
    (f) Participating, through their designees, in the contract 
negotiation process.
    (4) Law Enforcement Retirement Matters. Agency Heads are 
responsible for reviewing agency positions for potential coverage under 
the law enforcement retirement system and for presenting such coverage 
decisions to the CHCO for determination.
    D. The Solicitor of Labor. The Solicitor of Labor is delegated 
authority and assigned responsibility for providing legal advice and 
counsel to the Department and agencies relating to the administration 
and implementation of this Order and the statutory provisions, 
regulations, and Executive Orders listed above, including without 
limitation, providing counsel to the Secretary, CHCO, Deputy CHCO, 
ASAM, Agency Heads, managers, and supervisors.
    The Solicitor of Labor shall have responsibility for legal advice 
and assistance through opinions and interpretations of applicable laws 
and regulations. The bringing of legal proceedings under the 
authorities cited herein, the representation of the Department, the 
Secretary, and other officials of the Department of Labor, and 
determinations of whether such proceedings or representations are 
appropriate in a given case, are delegated exclusively to the 
Solicitor, except for internal labor-management relations proceedings 
before an arbitrator, for which the responsibility for representing the 
Department will be coordinated with the CHCO or his or her designee(s).
    9. Redelegation. All of the authorities delegated herein may be 
redelegated with the knowledge and approval of all responsible parties 
and to the extent permitted by law.
    10. Reservations of Authority.
    A. The Secretary of Labor retains all authorities delegated herein 
and has the final authority for all internal labor-

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management relations within the Department; such authority includes, 
without limitation, the establishment of negotiation parameters with 
respect to labor-management relations.
    B. The submission of reports and recommendations to the President 
and Congress concerning the administration of statutory or 
administrative provisions is reserved to the Secretary of Labor.
    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 4-2006 (February 
21, 2006).
    D. This Order does not affect the authorities and responsibilities 
of the Chief Financial Officer under the Chief Financial Officers Act 
of 1990, Secretary's Order 14-2006 (June 20, 2006), Secretary's Order 
1-97 (January 10, 1997), or Secretary's Order 1-92 (March 11, 1992).
    E. The Secretary retains the authority to make coverage decisions 
under 5 U.S.C. 8331(20) and 5 U.S.C. 8401(17), in accordance with 
regulations at 5 CFR 831.901-911 and 5 CFR 842.801-809 (law enforcement 
retirement) for individuals requesting coverage for positions within 
the Office of the Inspector General, or for the Inspector General's 
request for position-based coverage for positions within the Office of 
the Inspector General.
    F. The Secretary retains the sole authority to grant exemptions to 
the mandatory retirement provisions of 5 U.S.C. 8335(b) and 8425 
pertaining to the mandatory retirement of law enforcement officers.
    G. The Secretary retains all authority concerning personnel actions 
involving Senior Executive Service (SES) and Senior Level (SL) 
positions and employees within the Department, except that the 
authority to approve the voluntary reassignment of SES and SL employees 
within the Department is delegated to the CHCO with the concurrence of 
the Agency Head(s) involved.
    11. Effective Date. This Order is effective immediately.

    Dated: July 8, 2008.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. E8-16224 Filed 7-15-08; 8:45 am]
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