[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Pages 1088-1089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-113]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary


Secretary's Order 1-2011; Delegation of Authority and Assignment 
of Responsibilities to the Employee Benefits Security Administration

    1. Purpose. To delegate authority and assign responsibilities for 
the administration of the Department of Labor's responsibilities under 
the Employee Retirement Income Security Act of 1974 (ERISA), Federal 
Employees' Retirement System Act of 1986 (FERSA), and certain other 
statutes.
    2. Authority and Directives Affected. This Order supersedes 
Secretary's Order 3-2010 (September 2, 2010).
    3. Background. ERISA places responsibility in the Department of 
Labor for the administration of a comprehensive program to protect the 
interests of participants and beneficiaries of private sector employee 
benefit plans. This Order delegates the Secretary of Labor's authority 
and assigns responsibility for ERISA and for specified other laws to 
the Assistant Secretary for Employee Benefits Security.
    In particular, this Order delegates the Secretary's authority and 
assigns responsibility under sections 45R and 4980H of the Internal 
Revenue Code, as added by sections 1421 and 1513, respectively, of 
Public Law 111-148, the Patient Protection and Affordable Care Act, 124 
Stat. 119 (2010). The duties delegated to the Assistant Secretary 
include authority and responsibility to define the term ``seasonal 
worker'' under 26 U.S.C. 45R(d)(5)(B) and 4980H(c)(2)(B)(ii).
    All other authorities and responsibilities set forth in this Order 
were delegated or assigned previously to the Assistant Secretary for 
EBSA in Secretary's Order 3-2010, and this Order continues those 
delegations and assignments in full force and effect, except as 
expressly modified herein.
    4. Delegation of Authority and Assignment of Responsibilities.
     A. Except as hereinafter provided, the Assistant Secretary for 
Employee Benefits Security is delegated the authority and assigned the 
responsibilities of the Secretary of Labor--
    (1) Under the following statutes, including any amendments:
    (a) The Employee Retirement Income Security Act of 1974, as 
amended, except for subtitle C of Title III and Title IV (29 U.S.C. 
1001-1232);
    (b) The Welfare and Pension Plans Disclosure Act of 1958, as 
amended Public Law 85-836, 72 Stat. 997; Public Law 86-624, 74 Stat. 
417; Public Law 87-420, 76 Stat. 35;
    (c) The Federal Employees' Retirement System Act of 1986 (5 U.S.C. 
8401-8479);
    (d) The Health Insurance Portability and Accountability Act of 
1996, Public Law 104-191, 110 Stat. 1936;
    (e) Section 311(b) the Children's Health Insurance Program 
Reauthorization Act of 2009, Public Law 111-3, 123 Stat. 65;
    (f) Section 3001 of the American Recovery and Reinvestment Act of 
2009 Public Law 111-5;
    (g) Sections 18A and 18B of the Fair Labor Standards Act of 1938, 
as amended, 29 U.S.C. sections 218A and 218B, and the associated FLSA 
authorities in sections 9 and 11 (29 U.S.C. 209 and 211) to issue 
subpoenas and conduct investigations under sections 18A and 18B, and 
any other authority and responsibilities granted the Secretary to 
enforce sections 18A and 18B of the FLSA;
    (h) Sections 45R and 4980H of the Internal Revenue Code, 26 U.S.C. 
45R and 4980H; and
    (i) As directed by the Secretary, such additional Federal acts 
similar to or related to those listed in paragraphs (a) through (h), 
above, that from time to time may assign additional authority or 
responsibilities to the Department or the Secretary.
    (2) To request information the Internal Revenue Service (IRS) 
possesses for use in connection with the administration of Title I of 
ERISA of 1974.
    B. The Solicitor of Labor is responsible for providing legal advice 
and assistance to all officials of the Department relating to the 
administration of the statutes listed in paragraph 4.A.(1) of this 
Order, for bringing appropriate legal actions on behalf of the 
Secretary, and representing the Secretary in all civil proceedings. The 
Solicitor of Labor is also authorized to request information the IRS 
possesses for use in connection with the administration of Title I of 
ERISA.
    C. The Inspector General is authorized to request information the 
IRS possesses for use in connection with the administration of Title I 
of ERISA.
    5. Reservation of Authority.

[[Page 1089]]

    A. The submission of reports and recommendations to the President 
and the Congress concerning the administration of the statutes listed 
in paragraph 4.A.(1) of this Order and responsibilities under Subtitle 
C of Title III of ERISA are reserved to the Secretary.
    B. The Pension Benefit Guaranty Corporation carries out 
responsibilities under Title IV of ERISA.
    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).
    6. Effective Date. This Order is effective immediately.

    Dated: December 21, 2011.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. 2012-113 Filed 1-6-12; 8:45 am]
BILLING CODE 4510-23-P