[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2276-2278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-693]



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Part V





Department of Labor





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Delegation of Authorities and Assignment of Responsibilities to the 
Assistant Secretary for Policy; 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 01-2009]


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 (ASP).
    2. Authority and Directives Affected.
    A. Authorities.
    This Order is issued pursuant to 29 U.S.C. 551; 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 (5 U.S.C. 601 et seq. ); the Small 
Business Paperwork Relief Act of 2002 (44 U.S.C. 3506(i)); Executive 
Order 12131 (``The President's Export Council,'' May 4, 1979); 
Executive Order 12866 (``Regulatory Planning and Review,'' September 
30, 1993), as amended by Executive Order 13258 (``Amending Executive 
Order 12866 on Regulatory Planning and Review,'' February 26, 2002) and 
Executive Order 13422 (``Strengthening Federal Environmental, Energy, 
and Transportation Management,'' January 18, 2007); Executive Order 
13228, (``Establishing the Office of Homeland Security and the Homeland 
Security Council,'' October 8, 2001); Executive Order 13272 (``Proper 
Consideration of Small Entities in Agency Rulemaking,'' August 13, 
2002); and Homeland Security Presidential Directive-1 (``Organization 
and Operation of the Homeland Security Council,'' October 29, 2001).
    B. Directives Affected.
    1. Secretary's Order 13-2006, which delegated authority and 
assigned responsibilities to the Assistant Secretary for Policy (ASP), 
is cancelled.
    2. 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.
    3. Background. The Office of the Assistant Secretary for Policy 
(OASP) provides advice and assistance to the Secretary and Deputy 
Secretary in a number of areas, including policy development, program 
implementation and evaluation, research, budget and performance 
analysis, and regulatory, legislative issues 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 regulatory, programmatic policy and 
legislative issues, including those related to economic data and 
trends, particularly as they relate to promoting the competitiveness of 
the American workforce in the 21st century economy. The presence of 
rapid technological and economic change in the economy compels the need 
for skilled analysts to be available to quickly assist the Secretary in 
response 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, 
regulatory, and compliance assistance matters.
    This Order also addresses OASP's role under Executive Order (E.O.) 
12866, amendments thereto, and related guidance from the Office of 
Management and Budget (OMB); the requirements of the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA); the Small Business Paperwork 
Relief Act of 2002; the management of the U.S. Government 
Accountability Office Reports (see Secretary's Order 05-2008); the 
administration of the Policy Planning Board (see Secretary's Order 12-
2006); and the administration of the DOL Working Partners for an 
Alcohol- and Drug-Free Workplace program.
    Executive Order 12866, as amended by E.O. 13422, requires the head 
of each Executive Branch Agency to designate a Regulatory Policy 
Officer who shall be responsible for ensuring the Department's 
compliance with the Executive Order. The Secretary has designated the 
Assistant Secretary for Policy as the Department's Regulatory Policy 
Officer and this Order describes OASP responsibilities for the 
implementation of these functions.
    This order also describes OASP's responsibilities regarding the 
policy development process within DOL, including management of the 
Policy Planning Board, and the Department's interaction with the Office 
of the Federal Register.
    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 coordinating and 
developing the preparation of studies, analyses, public statements and 
policies with respect to the Secretary's duties in the areas of 
regulatory, programmatic and compliance assistance policy, as well as 
economic policy formulation, including the impact of Departmental 
policies and programs on general economic policy.
    2. Establishing the following offices and positions within OASP:
    a. An Office of Regulatory and Programmatic Policy, to be headed by 
a Director, that implements, manages, and coordinates Departmental 
regulatory and programmatic policy.
    b. An Office of Compliance Assistance Policy, to be headed by a 
Director, that develops, manages, and coordinates Departmental 
compliance assistance policies, initiatives and programs.
    c. An Office of Economic Policy and Analysis, to be headed by the 
Department's Chief Economist, that implements, manages, and coordinates 
Departmental economic policy, research and analysis.
    3. Serving as the Department's Regulatory Policy Officer under E.O. 
12866, including:
    a. Ensuring the Department complies with the regulatory and 
guidance development requirements of E.O. 12866, as amended, and any 
other related OMB Circulars or Bulletins, including OMB's Final 
Bulletin for Agency Good Guidance Practices.
    b. Serving as the Department's regulatory liaison overseeing the 
exchange of information between the Department and OMB, including:
    (1) Following Secretarial approval of draft regulations or 
guidance, transmitting the documents to OMB for review.
    (2) Facilitating discussion between DOL and OMB staff about 
comments on regulations and guidance documents undergoing OMB review.
    (3) Serving as the point of intake, concurrent with SOL and DOL 
agency staff, for OMB passback of comments on the Department's draft 
regulations and guidance documents.
    (4) Coordinating the resolution of outstanding issues raised by OMB 
with affected DOL agencies, SOL, and the Office of the Secretary.
    4. Serving as the Department's liaison to the Office of the Federal 
Register:
    a. Electronically transmitting regulatory documents for submission 
to the Federal Register.
    b. Coordinating and providing technical assistance to DOL agencies 
on the document submission process.
    5. Providing general oversight of, and guidance for, the 
Department's compliance with the Regulatory Flexibility Act (as amended 
by SBREFA), Small Business Paperwork Reduction Act, and related laws 
and Executive Orders, OMB Circulars and Bulletins. This effort is done 
in consultation with SOL as needed and includes such activities as:

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    a. Developing and implementing written Departmental policies and 
procedures concerning the potential impact of draft rules on small 
entities, as required by Section 3(a) of E.O. 13272.
    b. Providing analysis, guidance, review, and technical assistance, 
as necessary, to Departmental agencies that are preparing required 
studies such as regulatory impact and flexibility studies.
    c. Providing guidance and technical assistance, as necessary, to 
Departmental agencies during the Small Business Advocacy Review Panel 
process.
    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 the Office of the National Ombudsman 
and Chief Counsel for Advocacy.
    f. Serving as the Department's point of contact with small 
businesses pursuant to the Small Business Paperwork Relief Act of 2002.
    g. Providing the public with a list of compliance assistance 
resources consistent with SBREFA.
    6. Providing leadership, analysis and operational support for the 
Policy Planning Board (Secretary's Order 12-2006), including preparing 
the Department's semi-annual Research Agenda.
    7. Reviewing cross-cutting activities within the Department as they 
pertain to the Secretary's broader policy functions, including reports, 
budgets, legislative proposals, and other documents submitted to the 
Secretary or Deputy Secretary for review and approval; and coordinating 
selected reports to OMB and other agencies.
    8. Consistent with Secretary's Order 05-2008, coordinating, 
reviewing and processing U.S. Government Accountability Office reports.
    9. Consistent with Secretary's Order 02-2008, providing analysis 
and advice to the Secretary and Deputy Secretary on policies and 
programs related to developing, coordinating, implementing and 
institutionalizing compliance assistance initiatives, including 
reviewing Agency compliance assistance plans; identifying and promoting 
best practices; coordinating with agencies on cross-cutting 
initiatives; and providing leadership in development of Departmental 
compliance assistance tools, such as the elaws Advisors (Employment 
Laws Assistance for Workers and Small Businesses) and worker and small 
business guides.
    10. Supporting and advancing the Department's involvement in 
homeland security and emergency management policy development and 
coordination matters involving the White House Homeland Security 
Council, the Department of Homeland Security, and other federal 
agencies to address policy issues relevant to the Department, its 
programs and agencies, and the functions and responsibilities of OASP.
    11. Providing the analytical support required by the Secretary as a 
member of the President's Export Council.
    12. Providing the economic analysis required to support the 
Secretary, Deputy Secretary, and PPB with respect to policy and 
regulatory issues under consideration by the Department including:
    a. Preparing recommendations and analyses with respect to long- and 
short-term economic trends; preparing macroeconomic and microeconomic 
studies and analyses related to the formulation of policy or the 
economic impact of Departmental policies, regulations, and programs.
    b. Compiling economic data and analysis for the Secretary and 
Deputy Secretary on current economic developments, particularly with 
respect to the Bureau of Labor Statistics' release of the Monthly 
Employment Situation report and in support of the Secretary's role as 
an economic advisor to the President.
    13. 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.
    14. Administering the Department's Working Partners for an Alcohol- 
and Drug-Free Workplace program.
    15. Representing the Secretary in a variety of forums attended by 
U.S. government officials 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.
    16. Conducting appropriate research, analysis and evaluation 
activities in accord with the Secretary's selected policy priorities.
    17. Performing any additional duties that may be assigned by the 
Secretary.
    B. The Assistant Secretary for Administration and Management is 
delegated authority and assigned responsibility for:
    1. Providing budgetary resources arising from this Order, fully 
consistent with the established requirements of the Department.
    2. Providing appropriate administrative and management support, 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. Complying with the regulatory and guidance development 
requirements of E.O. 12866, as amended, and any other relevant OMB 
Directives, including OMB's Final Bulletin for Agency Good Guidance 
Practices.
    2. 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 response to 
requests for information.
    3. Developing annual compliance goals, timetables and objectives 
for their agencies and submitting their Annual Compliance Assistance 
Plans to the PPB for review and approval; planning and developing 
informational materials and compliance assistance tools (such as elaws 
Advisors), programs or activities to inform the public about the 
agencies' laws, policies, programs and activities; appointing one or 
more Compliance Assistance Liaisons to work with OCA on implementing 
and institutionalizing DOL compliance assistance initiatives, 
identifying and promoting best practices, and participating in DOL-wide 
compliance assistance programs.
    4. Expeditiously reviewing and commenting on GAO's findings and 
recommendations contained in GAO reports, and submitting all responses 
to OASP for clearance through the Executive Secretariat.
    5. Ensuring that reports requested by OASP concerning the 
achievement of the objectives of this order, including the semi-annual 
Regulatory Agenda, the semi-annual Peer Review Agenda and the semi-
annual Research Agenda, 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

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administrative provisions is reserved to the Secretary.
    B. This Secretary's Order does not affect the authorities or 
responsibilities of the Office of 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: January 8, 2009.
Elaine L. Chao,
Secretary of Labor.
 [FR Doc. E9-693 Filed 1-13-09; 8:45 am]
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