[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Notices]
[Page 58834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27336]



[[Page 58833]]

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Part IV





Department of Labor





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Delegation of Authorities and Assignment of Responsibilities; Notices

  Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / 
Notices  

[[Page 58834]]


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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 10-2009]


Delegation of Authorities and Assignment of Responsibilities to 
the Director, Office of Workers' Compensation Programs

    1. Purpose. To delegate authorities and assign responsibilities to 
the Director, Office of Workers' Compensation Programs
    2. Authorities. This Order is issued under the authority of 5 
U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 et seq. 
(Establishment of Department; Secretary; Seal); Reorganization Plan No. 
6 1950 (5 U.S.C. App. 1 Reorg. Plan 6 1950); and the Authorities cited 
in Section 5 of this Order.
    3. Directives Affected. Secretary's Order 1-2008 (Employment 
Standards Administration) is hereby canceled. All other Secretary's 
Orders and DOL directives (including policies and guidance) which 
reference Secretary's Orders 1-2008 or the Employment Standards 
Administration are amended to refer to this Order and/or Secretary's 
Orders governing the Office of Federal Contract Compliance Programs, 
the Wage and Hour Division or the Office of Labor-Management Standards, 
as appropriate.
    4. Background. This Order is occasioned by the November 8, 2009 
dissolution of the Employment Standards Administration (ESA) into its 
four constituent components: Wage and Hour Division; Office of Federal 
Contract Compliance Programs; Office of Workers' Compensation Programs; 
and Office of Labor-Management Standards. This Order cancels 
Secretary's Order 1-2008 and constitutes the Secretary's Order 
devolving certain authorities and responsibilities of ESA to the Office 
of Workers' Compensation Programs (OWCP). Specifically, this Order 
delegates authorities and assigns responsibilities to the Director, 
OWCP. The authorities and responsibilities specified below are 
consistent with the ESA redelegations and distributions of authorities 
and responsibilities to OWCP in effect at the time of this dissolution.
    5. Delegation of Authority and Assignment of Responsibility.
    A. The Director, Office of Workers' Compensation Programs is hereby 
delegated authority for carrying out the policies, programs, and 
activities of the Department of Labor, including those functions to be 
performed by the Secretary of Labor, under the designated provisions of 
the following statutes:
    (1) The Federal Employees' Compensation Act, as amended and 
extended, 5 U.S.C. 8101 et seq., except 5 U.S.C. 8149, as it pertains 
to the Employees' Compensation Appeals Board.
    (2) The War Hazards Compensation Act, as amended, 42 U.S.C. 1701, 
et seq.
    (3) War Claims Act of 1948, as amended, 50 U.S.C. App 2003, et seq.
    (4) The Longshore and Harbor Workers' Compensation Act, as amended 
and extended, 33 U.S.C. 901 et seq., except: 33 U.S.C. 919(d), with 
respect to administrative law judges in the Office of Administrative 
Law Judges; 33 U.S.C. 921(b), as it applies to the Benefits Review 
Board; and activities pursuant to 33 U.S.C. 941, assigned to the 
Assistant Secretary for Occupational Safety and Health.
    (5) The Black Lung Benefits Act, as amended, 30 U.S.C. 901 et seq., 
including 26 U.S.C. 9501, except: 33 U.S.C. 919(d) as incorporated by 
30 U.S.C. 932(a), with respect to administrative law judges in the 
Office of Administrative Law Judges; and 33 U.S.C. 921(b) as 
incorporated by 30 U.S.C. 932(a), as it applies to the Benefits Review 
Board.
    (6) The Energy Employees Occupational Illness Compensation Program 
Act of 2000, as amended, 42 U.S.C. 7384, et seq., except 42 U.S.C. 
7385s-15 as it pertains to the Office of the Ombudsman, and Executive 
Order 18719 (``Providing Compensation to America's Nuclear Weapons 
Workers'') of December 7, 2000.
    (7) Such additional Federal acts that from time to time may assign 
to the Secretary or the Department duties and responsibilities similar 
to those imposed by the statutes listed under subparagraphs (1)-(6) of 
this paragraph, as directed by the Secretary.
    B. The Solicitor of Labor is delegated authority and assigned 
responsibility for providing legal advice and assistance to all 
officers of the Department relating to the administration of the 
statutory provisions, regulations, and Executive Orders listed above. 
The bringing of legal proceedings under those authorities, the 
representation of the Secretary and/or other officials of the 
Department of Labor, and the determination of whether such proceedings 
or representations are appropriate in a given case, are delegated 
exclusively to the Solicitor.
    6. Reservation of Authority and Responsibility.
    A. The submission of reports and recommendations to the President 
and the Congress concerning the administration of the statutory 
provisions and Executive Orders listed above is reserved to the 
Secretary.
    B. Nothing in this Order limits or modifies the delegation of 
authority and assignment of responsibility to the Administrative Review 
Board by Secretary's Order 01-2002 (September 24, 2002) or its 
extensions or successor orders.
    C. Except as expressly provided, nothing in this Order limits or 
modifies the provisions of any other Order, including Secretary's Order 
4-2006 (Office of Inspector General).
    7. Redelegation of Authority. Except as otherwise provided by law, 
all of the authorities delegated in this Order may be redelegated.
    8. Effective Date. This order is effective November 8, 2009.

    Dated: November 6, 2009.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. E9-27336 Filed 11-12-09; 8:45 am]
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