[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2280-2281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-691]



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Part VI





Department of Labor





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Delegation of Authority and Assignment of Responsibility to the 
Assistant Secretary for Employment and Training; Notice

  Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 03-2009]


Delegation of Authority and Assignment of Responsibility to the 
Assistant Secretary for Employment and Training

    1. Purpose and Scope. The purpose of this Secretary's Order is to 
delegate and assign to the Assistant Secretary for Employment and 
Training (ASET) the authorities and responsibilities of the Secretary 
of Labor for organizing, implementing, and putting into operation 
employment and training policies, programs, and activities.
    2. Authority and Directives Affected.
    A. Authorities. This Order is issued under 5 U.S.C. 301 
(Departmental Regulations); 29 U.S.C. 551 (Establishment of the 
Department; Secretary; Seal); and Reorganization Plan No. 6 of 1950 (5 
U.S.C. Appendix).
    B. Directives Affected. Secretary's Order 3-2007 is hereby 
superseded and cancelled by this Order. Any Secretary's Orders or other 
DOL document (including policies and guidance) which references 
Secretary's Orders 4-75 (Manpower Programs), 2-79 (Targeted Jobs Tax 
Credit), 3-81 (Trade Act of 1974), or 2-85 (Job Training Partnership 
Act), which were superseded and cancelled by Secretary's Order 3-2007, 
and the delegation of authority and assignment of responsibility of the 
ASET under Secretary's Order 3-81, are deemed to refer to this Order 
instead.
    3. Background. This Order, which repeals and supersedes Secretary's 
Order 3-2007, updates the roles and responsibilities of the ASET to 
include responsibility for determining whether a recipient of a grant 
awarded or administered by the Employment and Training Administration 
is entitled, pursuant to the Religious Freedom Restoration Act, to an 
exemption from a religious non-discrimination provision of a statute or 
regulation enforced by the Department. In general, this Order 
constitutes the primary Secretary's Order for the Employment and 
Training Administration (ETA). This Order consolidates all of the 
authority delegated and the responsibilities assigned to the ASET for 
the employment and training policies, programs, and activities of ETA. 
The ASET is responsible for overseeing and managing a budget that funds 
the nation's publicly funded workforce investment system. This system 
contributes to the more efficient functioning of the U.S. labor market 
by providing a wide array of employment and training services to 
employers, job seekers, and youth, including job training, employment 
services, labor market information, and income maintenance services. 
The ASET manages the agency responsible for carrying out these 
responsibilities.
    4. Delegation of Authority and Assignment of Responsibilities.
    A. The Assistant Secretary for Employment and Training is hereby 
delegated authority and assigned responsibility for carrying out the 
standards, policies, programs, and activities of the Department of 
Labor, including grant making and contract procurement activities in 
accordance with existing governmental and Departmental regulations, 
relating to workforce development activities such as employment 
services, benefit assistance, and training, including those functions 
to be performed by the Secretary of Labor under the designated 
provisions of the following statutes, except as provided in paragraph 5 
of this Order.
    (1) American Competitiveness and Workforce Improvement Act, Section 
414(c), Public Law 105-277, as amended by Division J, Section 428, 
Public Law 108-447, 29 U.S.C. 2916a.
    (2) Appalachian Regional Development Act of 1965, as amended, 40 
U.S.C. 14101 et seq.
    (3) Federal Unemployment Tax Act, as amended, 26 U.S.C. 3301-3311, 
including the Federal-State Extended Unemployment Compensation Act of 
1970, as amended, 26 U.S.C. 3304 note.
    (4) Health Coverage Tax Credit, section 31 of the Internal Revenue 
Code of 1986, 26 U.S.C. 31.
    (5) Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 
1101 et seq. and related laws, subject to (i) Secretary's Order 4-2001 
which remains in effect, which in relevant part, delegates authority 
and assigns responsibility to the Assistant Secretary for Employment 
Standards for the enforcement of alien labor certification, 
attestation, and labor condition application programs, and (ii) 
Secretary's Order 18-2006 which remains in effect, which in relevant 
part, delegates authority and assigns responsibility to the Deputy 
Undersecretary for International Affairs for assisting the Secretary of 
Homeland Security in the preparation of immigration reports and 
assisting in the coordination of information on immigration and 
migration policy within the Department and coordinating the 
Department's participation in international forums on discussions of 
migration and immigration.
    (6) Intergovernmental Cooperation Act of 1968, as amended, 31 
U.S.C. 6501 et seq.
    (7) National Apprenticeship Act (Fitzgerald Act), as amended, 29 
U.S.C. 50 et seq.
    (8) Older Americans Act of 1965, as amended, 42 U.S.C. 3056 et seq.
    (9) Public Works Acceleration Act, Public Law 87-658, 42 U.S.C. 
2641 et seq.
    (10) Rehabilitation Act of 1973, as amended, 29 U.S.C. 795.
    (11) Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, as amended, sections 410 and 423, 42 U.S.C. 5177 and 5189a; 
Executive Order 12381, ``Delegation of Emergency Management Functions'' 
(September 8, 1982), which delegates the authority of the President to 
exercise powers of the President with respect to Federal disaster 
assistance to the Federal Emergency Management Agency; ``Delegation of 
Authority to the Department of Labor,'' from the Federal Emergency 
Management Agency to provide Federal disaster assistance (February 10, 
1986).
    (12) Rural Development Act of 1972, as amended, 7 U.S.C. 
1932(d)(4).
    (13) Small Business Act, as amended, 15 U.S.C. 644(n).
    (14) Social Security Act of 1935, as amended, Title III--Grants to 
States for Unemployment Compensation Administration, 42 U.S.C. 501-504; 
Title IX--Unemployment Security Administration Financing, 42 U.S.C. 
1101-1110; Title XI, Section 1137--Income and Eligibility Verification 
System, 42 U.S.C. 1320b-7; Title XII--Advances to State Unemployment 
Funds, 42 U.S.C. 1321-1324.
    (15) Trade Act of 1974, as amended, 19 U.S.C. 2101-2321 and 2395; 
North American Free Trade Agreement Transitional Adjustment Assistance 
Program (NAFTA-TAA), Public Law 103-182, Title V, 19 U.S.C. 2331, 
repealed by section 123(c) of the Trade Reform Act of 2002, Public Law 
107-210, except with respect to workers eligible for NAFTA-TAA under 
petitions filed before November 4, 2002.
    (16) Unemployment Compensation for Federal Civilian Employees 
Program, 5 U.S.C. 8501-8509; and Unemployment Compensation for Ex-
servicemembers Program, 5 U.S.C. 8521-8525.
    (17) Vietnam Era Veterans' Readjustment Assistance Act of 1974, as 
amended, 38 U.S.C. 3689, 3694, 4106, 4107(c), 4110, and 4212(a)(2)(B) 
and (C).

    Note: Secretary's Order 4-2001 remains in effect, which in part, 
delegates authority and assigns responsibility to the Assistant 
Secretary for Employment Standards for affirmative action provisions 
of the Vietnam

[[Page 2281]]

Era Veterans' Readjustment Assistance Act of 1974, including 38 
U.S.C. 4212(a)(1), 4212(a)(2)(A), and 4212(b)(2004) and 38 U.S.C. 
4212(a) and (b) (2002). Subject to the above delegation to ETA, 
Secretary's Order 3-2004 remains in effect, which in part, delegates 
authority and assigns responsibility to the Assistant Secretary of 
Labor for Veterans' Employment and Training for administering the 
Federal Contractor Veteran's Employment Report (VETS-100), 38 U.S.C. 
4212(d), and determining compliance pursuant to 20 CFR 1001.130 
regarding Federal contractor priority of employment referral and 
employment listings under 38 U.S.C. 4212(a)(2)(B) and (C).

    (18) Vocational Education Act of 1963, as amended, the Carl D. 
Perkins Vocational and Applied Technology Act, 20 U.S.C. 2301 et seq.
    (19) Wagner-Peyser Act, as amended, 29 U.S.C. 49 et seq.
    (20) Work Opportunity Tax Credit, section 51 of the Internal 
Revenue Code of 1986, 26 U.S.C. 51.
    (21) Worker Adjustment and Retraining Notification Act, as amended, 
29 U.S.C. 2101 et seq.
    (22) Workforce Investment Act of 1998, as amended, title I and 
title V, Public Law 105-220, 29 U.S.C. 2801-2945, 20 U.S.C. 9271-9276 
except for title I, subtitle D Sec.  168 which pertains to the 
Veterans' Workforce Investment Program, 29 U.S.C. 2913, and title I, 
subtitle C which pertains to the Job Corps program, 29 U.S.C. 2881-
2901.
    (23) YouthBuild Transfer Act of 2005, Public Law 109-281, 29 U.S.C. 
2918a.
    (24) Executive Order 10582, ``Prescribing Uniform Procedures for 
Certain Determinations under the Buy American Act'' (December 17, 
1954), as amended by Executive Order 11051, ``Prescribing 
Responsibilities of the Office of Emergency Planning in the Executive 
Office of the President'' (September 27, 1962), and Executive Order 
12148, ``Federal Emergency Management'' (July 20, 1979).
    (25) Executive Order 12656, ``Assignment of Emergency Preparedness 
Responsibilities'' (November 18, 1988).
    (26) Executive Order 12789, ``Delegation of Reporting Functions 
under the Immigration Reform and Control Act of 1986'' (February 10, 
1992), as amended by Executive Order 13286, ``Amendment of Executive 
Orders, and Other Actions, in Connection With the Transfer of Certain 
Functions to the Secretary of Homeland Security'' (February 28, 2003).
    (27) Executive Order 12073, ``Federal Procurement in Labor Surplus 
Areas'' (August 16, 1978).
    (28) Executive Order 13198, ``Agency Responsibilities With Respect 
to Faith-Based and Community Initiatives'' (January 29, 2001).
    (29) Executive Order 13279, ``Equal Protection of the Laws for 
Faith-Based and Community Organizations'' (December 12, 2002).
    (30) Such additional Federal acts, Executive Orders, or regulations 
that may assign to the Secretary or the Department duties and 
responsibilities relating to workforce development activities including 
employment services, benefit assistance and training, similar to those 
listed under subparagraphs (1)-(29) of this paragraph, including, but 
not limited to, the extension of unemployment compensation provided 
under Federal law.
    B. The Assistant Secretary for Employment and Training is delegated 
authority for making organizational changes in accordance with policies 
established by the Secretary.
    C. The Assistant Secretary for Employment and Training is also 
delegated the authority and assigned responsibility to carry out 
departmental liaison and committee representative duties as provided in 
the relevant authorities listed in paragraph 4(A) above, except as 
provided in paragraph 5 of this Order.
    D. The Assistant Secretary for Employment and Training is also 
delegated the authority and assigned responsibility to determine 
whether a recipient of a grant awarded or administered by the Office of 
the Assistant Secretary for Employment and Training is entitled, 
pursuant to the Religious Freedom Restoration Act, 42 U.S.C. 2000bb-
1(b), to an exemption from a religious non-discrimination provision of 
a statute or regulation applied and/or enforced by the Department.
    E. The Solicitor of Labor is delegated authority and assigned 
responsibility for providing legal advice and assistance to officials 
of the Department relating to the administration of this Order and the 
statutory provisions, regulations, and Executive Orders listed above.
    5. Reservation of Authority.
    A. No delegation of authority or assignment of responsibility under 
this Order will be deemed to affect the Secretary's authority to 
continue to exercise or further delegate such authority or 
responsibility.
    B. The submission of reports and recommendations to the President 
and Congress concerning the administration of the statutory provisions 
and Executive Orders listed above is reserved to the Secretary.
    C. Nothing in this Order shall limit or modify the delegation of 
authority and assignment of responsibility to the Administrative Review 
Board by Secretary's Order 1-2002 (September 24, 2002).
    D. Nothing in this Order shall limit or modify the provision of any 
other Order, including Secretary's Order 04-2006 (February 21, 2006), 
Office of the Inspector General, except as expressly provided.
    E. The Secretary reserves the authority to enter into and terminate 
an agreement with any state or state agency to act as an agent of the 
United States under section 239(a) of the Trade Act of 1974, as 
amended, 19 U.S.C. 2311(a), in the administration of the Trade 
Adjustment Assistance and NAFTA-Transitional Adjustment Assistance 
programs; under 5 U.S.C. 8502 in the administration of the Unemployment 
Compensation for Federal Employees and Unemployment Compensation for 
Ex-servicemembers programs; under section 410(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 
5177(a), in the administration of the Disaster Unemployment Assistance 
program; as well as under any federal program providing for the 
extension of unemployment compensation.
    6. Redelegation of Authority. The Assistant Secretary for 
Employment and Training may further redelegate, unless otherwise 
prohibited, the authority and responsibilities herein delegated by this 
Order.
    7. Effective Date. This Order is effective immediately.

    Dated: January 9, 2009.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. E9-691 Filed 1-13-09; 8:45 am]
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