Delegation of Authorities and Assignment of Responsibilities to the Assistant Secretary for Employment Standards and Other Officials in the Employment Standards Administration, 26159-26162 [E7-8795]
Download as PDF
<![CDATA[
cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices
To appropriate officials and
employees of a federal agency or entity
that requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit.
A record may be disclosed to
designated officers and employees of
state, local (including the District of
Columbia), or tribal law enforcement or
detention agencies in connection with
the hiring or continued employment of
an employee or contractor, where the
employee or contractor would occupy or
occupies a position of public trust as a
law enforcement officer or detention
officer having direct contact with the
public or with prisoners or detainees, to
the extent that the information is
relevant and necessary to the recipient
agency’s decision.
In an appropriate proceeding before a
court, or administrative or adjudicative
body, when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding.
To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings.
To the news media and the public,
including disclosures pursuant to 28
CFR 50.2, unless it is determined that
release of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.
To Federal, state, local, tribal, foreign,
or international licensing agencies or
associations which require information
concerning the suitability or eligibility
of an individual for a license or permit.
To the National Archives and Records
Administration for purposes of records
management inspections conducted
under the authority of 44 U.S.C. 2904
and 2906.
To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
VerDate Aug<31>2005
15:36 May 07, 2007
Jkt 211001
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
To such recipients and under such
circumstances and procedures as are
mandated by federal statute or treaty.
To complainants and/or victims to the
extent necessary to provide such
persons with information and
explanations concerning the progress
and/or results of the investigation or
case arising from the matters of which
they complained and/or of which they
were a victim.
To appropriate agencies, entities, and
persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
To any person or entity that the
Registration Unit, Counterespionage
Section, National Security Division has
reason to believe possesses information
regarding a matter within the
jurisdiction of the Registration Unit,
Counterespionage Section, National
Security Division, to the extent deemed
to be necessary by the Registration Unit,
Counterespionage Section, National
Security Division in order to elicit such
information or cooperation from the
recipient for use in the performance of
an authorized activity.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on
paper, and/or in electronic form.
Records are stored in accordance with
applicable executive orders, statutes,
and agency implementing regulations. A
record contained in this system is stored
manually on index cards and in file
jackets. An automated alphabetical
Frm 00089
Fmt 4703
index is maintained and stored on
magnetic disks.
RETRIEVABILITY:
A record is retrieved by name of the
individual registrant.
SAFEGUARDS:
Records are safeguarded and
protected in accordance with applicable
Departmental security procedures.
RETENTION AND DISPOSAL:
Staff is working with NARA to
develop an appropriate schedule.
SYSTEMS MANAGER(S) AND ADDRESS:
Chief, Foreign Agents Registration
Unit; Counterespionage Section;
National Security Division; U.S.
Department of Justice; 950 Pennsylvania
Avenue, NW., Washington, DC 20530.
NOTIFICATION PROCEDURE:
Same as the above.
RECORD ACCESS PROCEDURE:
A request for access to a record from
this system shall be made pursuant to
the provisions of 28 CFR 12.40 and
12.41.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or
amend information maintained in the
system should direct their request to the
System Manager listed above, stating
clearly and concisely what information
is being contested, the reasons for
contesting it, and the proposed
amendment to the information sought.
RECORD SOURCE CATEGORIES:
The source of information contained
in this system is the registrant.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E7–8766 Filed 5–7–07; 8:45 am]
BILLING CODE 4410–14–P
DEPARTMENT OF LABOR
Office of the Secretary
[Secretary’s Order 4–2007]
Not applicable.
PO 00000
26159
Sfmt 4703
Delegation of Authorities and
Assignment of Responsibilities to the
Assistant Secretary for Employment
Standards and Other Officials in the
Employment Standards Administration
1. Purpose. To delegate authorities
and assign responsibilities to the
Assistant Secretary for Employment
Standards and other officials in the
Employment Standards Administration.
2. Authorities. This Order is issued
under the authority of 5 U.S.C. 301
E:\FR\FM\08MYN1.SGM
08MYN1
cprice-sewell on PROD1PC66 with NOTICES
26160
Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices
(Departmental Regulations); 29 U.S.C.
551 (Establishment of Department;
Secretary; Seal); Reorganization Plan
No. 6 1950 (5 U.S.C. App. 1 Reorg. Plan
6 1950); National Apprenticeship Act of
1937 (29 U.S.C. 50); 29 CFR Part 30.
3. References. Secretary’s Order 10–
83; Secretary’s Order 14–77; and
Secretary’s Order 9–75.
4. Directives Affected. Secretary’s
Order 4–2001 is hereby canceled
(Employment Standards). Secretary’s
Order 9–75 is superseded to the extent
that it is inconsistent with Section
7a.(29) of this Order.
5. Background. This Order, which
supersedes Secretary’s Order 4–2001,
constitutes the generic Secretary’s Order
for the Employment Standards
Administration (ESA). Specifically, this
Order delegates authorities and assigns
responsibilities to the Assistant
Secretary for Employment Standards
and other officials in ESA.
This Order repeals paragraph 4.a. (19)
of Secretary’s Order 4–2001, which
contained a joint delegation of authority
and assignment of responsibility to the
Assistant Secretary for Employment
Standards and the Assistant Secretary
for Employment and Training for
enforcing the Equal Employment
Opportunity in Apprenticeship and
Training requirements.
This Order also delegates authority
and assigns responsibility for carrying
out the functions described in Section
211(a) of the LMRA, 29 U.S.C. 181(a),
(‘‘Compilation of Collective Bargaining
Agreements, etc., Use Data’’) to the
Assistant Secretary for Employment
Standards. Section 211(a) of the LMRA
requires the maintenance of a file of
copies of all available collective
bargaining agreements and other
available agreements and actions used
in settling or adjusting labor disputes,
except for specific information
submitted in confidence.
6. Delegation to the Assistant
Secretary for Employment Standards.
A. Paragraph 7.a. (29) of this Order
contains the delegation of authority and
the assignment of responsibility for
Section 211(a) of the LMRA, 29 U.S.C.
181(a) (‘‘Compilation of Collective
Bargaining Agreements, etc., Use Data’’).
B. All other authorities and
responsibilities set forth in this Order
were delegated or assigned previously to
the Assistant Secretary for Employment
Standards and other officials in the
Employment Standards Administration
in Secretary’s Order 4–2001, and this
Order continues those delegations and
assignments in full force and effect,
except as expressly modified herein.
7. Delegation of Authority and
Assignment of Responsibility.
VerDate Aug<31>2005
15:36 May 07, 2007
Jkt 211001
A. The Assistant Secretary for
Employment Standards is hereby
delegated authority and assigned
responsibility, except as hereinafter
provided, for carrying out the
employment standards, labor standards,
and labor-management standards
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 Fair Labor Standards Act of
1938, as amended, 29 U.S.C. 201 et seq.
(FLSA), including the issuance
thereunder of child labor hazardous
occupation orders and other regulations
concerning child labor standards, and
subpoena authority under 29 U.S.C. 209.
Authority and responsibility for the
Equal Pay Act, Section 6(d) of the FLSA,
were transferred to the Equal
Employment Opportunity Commission
on July 1, 1979, pursuant to the
President’s Reorganization Plan No. 1 of
February 1978, set out in the Appendix
to Title 5, Government Organization and
Employees.
(2) The Walsh-Healey Public
Contracts Act of 1936, as amended, 41
U.S.C. 35 et seq., except those
provisions relating to safety and health
delegated to the Assistant Secretary for
Occupational Safety and Health or the
Assistant Secretary for Mine Safety and
Health. The authority of the Assistant
Secretary for Employment Standards
includes subpoena authority under 41
U.S.C. 39.
(3) The McNamara-O’Hara Service
Contract Act of 1965, as amended, 41
U.S.C. 351 et seq., except those
provisions relating to safety and health
delegated to the Assistant Secretary for
Occupational Safety and Health. The
authority of the Assistant Secretary for
Employment Standards includes
subpoena authority under 41 U.S.C.
353(a).
(4) The Davis-Bacon Act, as amended,
40 U.S.C. 276a et seq., and any laws
now existing or subsequently enacted,
providing for prevailing wage findings
by the Secretary in accordance with or
pursuant to the Davis-Bacon Act; the
Copeland Act, 40 U.S.C. 276c;
Reorganization Plan No. 14 of 1950; and
the Tennessee Valley Authority Act, 16
U.S.C. 831.
(5) The Contract Work Hours and
Safety Standards Act, as amended, 40
U.S.C. 327 et seq., except those
provisions relating to safety and health
delegated to the Assistant Secretary for
Occupational Safety and Health.
(6) Title III of the Consumer Credit
Protection Act, 15 U.S.C. 1671 et seq.
(7) The labor standards provisions
contained in Sections 5(i) and 7(g) of the
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
National Foundation for the Arts and
the Humanities Act, 20 U.S.C. 954(i)
and 956(g), except those provisions
relating to safety and health delegated to
the Assistant Secretary for Occupational
Safety and Health.
(8) The Migrant and Seasonal
Agricultural Worker Protection Act of
1983, 29 U.S.C. 1801 et seq., including
subpoena authority under 29 U.S.C.
1862(b).
(9) The Employee Polygraph
Protection Act of 1988, 29 U.S.C. 2001
et seq., including subpoena authority
under 29 U.S.C. 2004(b).
(10) 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.
(11) 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.
(12) The Black Lung Benefits Act, as
amended, 30 U.S.C. 901 et seq.
(13) The affirmative action provisions
of the Vietnam Era Veterans’
Readjustment Assistance Act of 1974, as
amended, 38 U.S.C. 4212, except for
monitoring of the Federal contractor job
listing activities under 38 U.S.C. 4212(a)
and the annual Federal contractor
reporting obligations under 38 U.S.C.
4212(d), delegated to the Assistant
Secretary for Veterans’ Employment and
Training.
(14) Section 503 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 793;
and Executive Order 11758 (‘‘Delegating
Authority of the President Under the
Rehabilitation Act of 1973’’) of January
15, 1974.
(15) Executive Order 11246 ‘‘Equal
Employment Opportunity’’ (September
24, 1965), as amended by Executive
Order 11375 of October 13, 1967; and
Executive Order 12086 (‘‘Consolidation
of Contract Compliance Functions for
Equal Employment Opportunity’’) of
October 5, 1978.
(16) The following provisions of the
Immigration and Nationality Act of
1952, as amended, 8 U.S.C. 1101 et seq.
(INA): Section 218(g)(2), 8 U.S.C.
1188(g)(2), relating to assuring employer
compliance with terms and conditions
of employment under the temporary
alien agricultural labor certification
(H–2A) program; and Section
274A(b)(3), 8 U.S.C. 1324A(b)(3),
E:\FR\FM\08MYN1.SGM
08MYN1
cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices
relating to employment eligibility
verification and related recordkeeping.
(17) Section 212(m)(2)(E)(ii) through
(v) of the INA, 8 U.S.C. 1182(m)(2)(E)(ii)
through (v), relating to the complaint,
investigation, and penalty provisions of
the attestation process for users of
nonimmigrant registered nurses (i.e.,
H–1A Visas).
(18) The enforcement of the
attestations required by employers
under the INA pertaining to the
employment of nonimmigrant longshore
workers, Section 258 of the INA, 8
U.S.C. 1288(c)(4)(B)–(F); and foreign
students working off-campus, 8 U.S.C.
1184 note; and enforcement of labor
condition applications for employment
of nonimmigrant professionals, Section
212(n)(2) of the INA, 8 U.S.C.
1182(n)(2).
(19) Title I of the Americans with
Disabilities Act of 1990, 42 U.S.C. 12101
et seq., and the regulations at 41 CFR
part 60–742.
(20) The Family and Medical Leave
Act of 1993, 29 U.S.C. 2601 et seq.,
including subpoena authority under 29
U.S.C. 2616.
(21) The Occupational Safety and
Health Act of 1970, 29 U.S.C. 651 et
seq., to conduct inspections and
investigations, issue administrative
subpoenas, issue citations, assess and
collect penalties, and enforce any other
remedies available under the statute,
and to develop and issue compliance
interpretations under the statute, with
regard to the standards on:
(a) Field sanitation, 29 CFR 1928.110;
and
(b) Temporary labor camps, 29 CFR
1910.142, with respect to any
agricultural establishment where
employees are engaged in ‘‘agricultural
employment’’ within the meaning of the
Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of
employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that the
Assistant Secretary for Occupational
Safety and Health retains enforcement
responsibility over temporary labor
camps for employees engaged in egg,
poultry, or red meat production, or the
post-harvest processing of agricultural
or horticultural commodities.
The authority of the Assistant
Secretary for Employment Standards
under the Occupational Safety and
Health Act with regard to the standards
on field sanitation and temporary labor
camps does not include any other
agency authorities or responsibilities,
such as rulemaking authority. Such
VerDate Aug<31>2005
15:36 May 07, 2007
Jkt 211001
authorities under the statute are
retained by the Assistant Secretary for
Occupational Safety and Health.
Moreover, nothing in this Order shall
be construed as derogating from the
right of States operating OSHAapproved State plans under 29 U.S.C.
667 to continue to enforce field
sanitation and temporary labor camp
standards if they so choose. The
Assistant Secretary for Occupational
Safety and Health retains the authority
to monitor the activity of such States
with respect to field sanitation and
temporary labor camps.
(22) The Labor-Management
Reporting and Disclosure Act of 1959, as
amended, 29 U.S.C. 401 et seq.
(23) Section 701 (Standards of
Conduct for Labor Organizations) of the
Civil Service Reform Act of 1978, 5
U.S.C. 7120; Section 1017 of the Foreign
Service Act of 1980, 22 U.S.C. 4117;
Section 220(a)(1) of the Congressional
Accountability Act of 1995, 2 U.S.C.
1351(a)(1); and the regulations
pertaining to such sections at 29 CFR
Parts 457–459.
(24) Section 1209 of the Postal
Reorganization Act of 1970, 39 U.S.C.
1209.
(25) The employee protection
provisions of the Federal Transit law, as
codified at 49 U.S.C. 5333(b), and
related provisions.
(26) The employee protection
provisions certified under Section
405(a), (b), (c), and (e) of the Rail
Passenger Service Act of 1970, 45 U.S.C.
565(a), (b), (c), and (e).
(27) Executive Order 13201, (‘‘the
Notification of Employee Rights
Concerning Payment of Union Dues or
Fees’’) of February 17, 2001.
(28) The Energy Employees
Occupational Illness Compensation
Program Act of 2000, Title XXXVI of the
Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001
(Pub. L. 106–398), and Executive Order
13179 (‘‘Providing Compensation to
America’s Nuclear Weapons Workers’’)
of December 7, 2000.
(29) Section 211(a) of the Labor
Management Relations Act, 1947, 29
U.S.C. 181(a) (‘‘Compilation of
Collective Bargaining Agreements, etc.;
Use of Data’’).
(30) Such additional Federal acts that
from time to time may assign to the
Secretary or the Department duties and
responsibilities similar to those listed
under subparagraphs (1)–(29) of this
paragraph, as directed by the Secretary.
B. The Wage and Hour Administrator
of the Employment Standards
Administration is hereby delegated
authority and assigned responsibility to:
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
26161
(1) Issue administrative subpoenas
under Section 9 of the Fair Labor
Standards Act of 1938, as amended, 29
U.S.C. 209; Section 5 of the WalshHealey Public Contracts Act, 41 U.S.C.
39; Section 4(a) of the McNamaraO’Hara Service Contract Act, 41 U.S.C.
353(a); Section 512(b) of the Migrant
and Seasonal Agricultural Worker
Protection Act of 1983, 29 U.S.C.
1862(b); Section 5(b) of the Employee
Polygraph Protection Act of 1988, 29
U.S.C. 2004(b); Section 106 of the
Family and Medical Leave Act of 1993,
29 U.S.C. 2616; and Section 8(b) of the
Occupational Safety and Health Act of
1970, 29 U.S.C. 657(b), with respect to
the authority delegated by this Order.
C. The Wage and Hour Regional
Administrators of the Employment
Standards Administration are hereby
delegated authority and assigned
responsibility to issue administrative
subpoenas under Section 9 of the Fair
Labor Standards Act of 1938, as
amended, 29 U.S.C. 209; Section 5 of
the Walsh-Healey Public Contracts Act,
41 U.S.C. 39; Section 4(a) of the
McNamara-O’Hara Service Contract Act,
41 U.S.C. 353(a); Section 512(b) of the
Migrant and Seasonal Agricultural
Worker Protection Act of 1983, 29
U.S.C. 1862(b); Section 5(b) of the
Employee Polygraph Protection Act of
1988, 29 U.S.C. 2004(b); Section 106 of
the Family and Medical Leave Act of
1993, 29 U.S.C. 2616; and Section 8(b)
of the Occupational Safety and Health
Act of 1970, 29 U.S.C. 657(b), with
respect to the authority delegated by
this Order.
D. The Assistant Secretary for
Employment Standards and the
Assistant Secretary for Occupational
Safety and Health are directed to confer
regularly on enforcement of the
Occupational Safety and Health Act
with regard to the standards on field
sanitation and temporary labor camps
(see section 7.a. (21) of this Order), and
to enter into any memoranda of
understanding which may be
appropriate to clarify questions of
coverage which arise in the course of
such enforcement.
E. The Assistant Secretary for
Administration and Management is
delegated authority and assigned
responsibility to assure that any transfer
of resources affecting this Order is fully
consistent with the budget policies of
the Department and that consultation
and negotiation, as appropriate, with
representatives of any employees
affected by this exchange of
responsibilities is conducted. The
Assistant Secretary for Administration
and Management is also responsible for
providing or assuring that appropriate
E:\FR\FM\08MYN1.SGM
08MYN1
26162
Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices
administrative and management support
is furnished, as required, for the
efficient and effective operation of these
programs.
F. 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.
8. 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 shall limit or
modify the delegation of authority and
assignment of responsibility to the
Administrative Review Board by
Secretary’s Order 2–96 (April 17, 1996).
C. Except as expressly provided,
nothing in this Order shall limit or
modify the provisions of any other
Order, including Secretary’s Order 4–
2006 (Office of Inspector General).
9. Redelegation of Authority. The
Assistant Secretary for Employment
Standards, the Assistant Secretary for
Administration and Management, and
the Solicitor of Labor may redelegate
authority delegated in this Order.
10. Effective Date. This order is
effective immediately.
Dated: May 2, 2007.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. E7–8795 Filed 5–7–07; 8:45 am]
BILLING CODE 4510–23–P
DEPARTMENT OF LABOR
cprice-sewell on PROD1PC66 with NOTICES
Employment and Training
Administration
Notice of Availability of Funds and
Solicitation for Grant Applications
(SGA) for Multiple Education Pathways
Blueprint Grants (MEPB)
Announcement Type: Notice of
Solicitation for Grant Applications.
Funding Opportunity Number: SGA/
DFA PY 06–12.
Catalog of Federal Assistance
Number: 17.261.
VerDate Aug<31>2005
15:36 May 07, 2007
Jkt 211001
Key Dates: The closing date for
receipt of applications under this
announcement is June 7, 2007.
Applications must be successfully
submitted no later than 5 p.m. (Eastern
Time). Application and submission
information is explained in detail in
Part IV of this SGA.
SUMMARY: The U.S. Department of Labor
(DOL), Employment and Training
Administration (ETA), announces the
availability of approximately $3 million
in grant funds to create a blueprint to
build systems of multiple education
pathways.
Grants will be awarded through a
competitive process and will support
small cities (population 70,000–
350,000) in the development of a
multiple education pathway blueprint
which will serve as the city’s plan to
support youth who are at risk of
dropping out of school and youth who
have already dropped out of school.
ETA is targeting cities of this size in
order for the blueprints to have
maximum impact on the community’s
dropout challenges. ETA will fund
grants to approximately 10 cities to
create blueprints for building multiple
education pathways that encompass
various alternative education models
and strategies. These blueprints will be
used to build educational ecosystems
that bring together all the educational
assets in a community and leverage
them to support multiple education
pathways that move students to postsecondary education and career
pathways and integrate education
strategies that may cut across multiple
schools and community colleges. It is
not the intent for these grants to fund
programs and/or slots in educational
programs but rather to be used as a
catalyst to bring together community
partners to assess and address the
challenge of serving youth who are at
risk of dropping out and youth who
have dropped out of school.
These blueprints must be integrated
with the city’s broader education
strategic plan and connected to regional
talent and economic development
strategies. The blueprints should
identify a wide range of innovative and
academically rigorous learning
environments that address the needs of
youth who are at risk of dropping out
of school and youth who have dropped
out of school. The blueprint will serve
as the city’s strategic plan for
developing and benchmarking progress
toward creating a multiple education
pathway system.
This solicitation provides background
information and describes the
application submission requirements,
outlines the process that eligible entities
DATES:
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
must use to apply for funds covered by
this solicitation, and outlines the
evaluation criteria used as a basis for
selecting grantees.
ADDRESSES: Mailed applications must be
addressed to the U.S. Department of
Labor, Employment and Training
Administration, Division of Federal
Assistance, Attention: James Stockton,
Reference SGA/DFA PY 06–12, 200
Constitution Avenue, NW., Room N–
4716, Washington, DC 20201. Facsimile
(fax) applications will not be accepted.
Information about applying online can
be found in Section IV(C) of this
document. Applicants are advised that
mail delivery in the Washington area
may be delayed due to mail
decontamination procedures. Hand
delivered proposals will be received at
the above address.
Applications may also be submitted
via the Grants.gov application system.
For detailed guidance, please refer to
Section IV. C.
SUPPLEMENTARY INFORMATION: This
solicitation consists of eight parts:
• Part I provides background
information on ETA’s multiple
education pathways project, a
description of ETA’s youth vision, and
additional information on the key
components to consider when preparing
an application.
• Part II describes the size and nature
of the anticipated awards.
• Part III describes eligibility
information.
• Part IV provides information on the
application and submission process.
• Part V describes the criteria against
which applications will be reviewed
and explains the proposal review
process.
• Part VI provides award
administration information.
• Part VII contains ETA agency
contact information.
• Part VIII lists additional resources
of interest to applicants and other
information.
I. Funding Opportunity Description
These grants will support small cities
(population 70,000–350,000) 1 in the
development of detailed blueprints for
multiple education pathways systems
that provide a mix of alternative
learning environments. ETA is targeting
cities of this size in order for the
blueprints to have maximum impact on
the community’s dropout challenges. It
is ETA’s expectation that the blueprints
developed with these funds will serve
as the city’s strategic action plan and
1 For population size please go to: https://
www.demographia.com/db-2000city5k.htm.
E:\FR\FM\08MYN1.SGM
08MYN1
]]>Agencies
[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26159-26162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8795]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
[Secretary's Order 4-2007]
Delegation of Authorities and Assignment of Responsibilities to
the Assistant Secretary for Employment Standards and Other Officials in
the Employment Standards Administration
1. Purpose. To delegate authorities and assign responsibilities to
the Assistant Secretary for Employment Standards and other officials in
the Employment Standards Administration.
2. Authorities. This Order is issued under the authority of 5
U.S.C. 301
[[Page 26160]]
(Departmental Regulations); 29 U.S.C. 551 (Establishment of Department;
Secretary; Seal); Reorganization Plan No. 6 1950 (5 U.S.C. App. 1
Reorg. Plan 6 1950); National Apprenticeship Act of 1937 (29 U.S.C.
50); 29 CFR Part 30.
3. References. Secretary's Order 10-83; Secretary's Order 14-77;
and Secretary's Order 9-75.
4. Directives Affected. Secretary's Order 4-2001 is hereby canceled
(Employment Standards). Secretary's Order 9-75 is superseded to the
extent that it is inconsistent with Section 7a.(29) of this Order.
5. Background. This Order, which supersedes Secretary's Order 4-
2001, constitutes the generic Secretary's Order for the Employment
Standards Administration (ESA). Specifically, this Order delegates
authorities and assigns responsibilities to the Assistant Secretary for
Employment Standards and other officials in ESA.
This Order repeals paragraph 4.a. (19) of Secretary's Order 4-2001,
which contained a joint delegation of authority and assignment of
responsibility to the Assistant Secretary for Employment Standards and
the Assistant Secretary for Employment and Training for enforcing the
Equal Employment Opportunity in Apprenticeship and Training
requirements.
This Order also delegates authority and assigns responsibility for
carrying out the functions described in Section 211(a) of the LMRA, 29
U.S.C. 181(a), (``Compilation of Collective Bargaining Agreements,
etc., Use Data'') to the Assistant Secretary for Employment Standards.
Section 211(a) of the LMRA requires the maintenance of a file of copies
of all available collective bargaining agreements and other available
agreements and actions used in settling or adjusting labor disputes,
except for specific information submitted in confidence.
6. Delegation to the Assistant Secretary for Employment Standards.
A. Paragraph 7.a. (29) of this Order contains the delegation of
authority and the assignment of responsibility for Section 211(a) of
the LMRA, 29 U.S.C. 181(a) (``Compilation of Collective Bargaining
Agreements, etc., Use Data'').
B. All other authorities and responsibilities set forth in this
Order were delegated or assigned previously to the Assistant Secretary
for Employment Standards and other officials in the Employment
Standards Administration in Secretary's Order 4-2001, and this Order
continues those delegations and assignments in full force and effect,
except as expressly modified herein.
7. Delegation of Authority and Assignment of Responsibility.
A. The Assistant Secretary for Employment Standards is hereby
delegated authority and assigned responsibility, except as hereinafter
provided, for carrying out the employment standards, labor standards,
and labor-management standards 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 Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201
et seq. (FLSA), including the issuance thereunder of child labor
hazardous occupation orders and other regulations concerning child
labor standards, and subpoena authority under 29 U.S.C. 209. Authority
and responsibility for the Equal Pay Act, Section 6(d) of the FLSA,
were transferred to the Equal Employment Opportunity Commission on July
1, 1979, pursuant to the President's Reorganization Plan No. 1 of
February 1978, set out in the Appendix to Title 5, Government
Organization and Employees.
(2) The Walsh-Healey Public Contracts Act of 1936, as amended, 41
U.S.C. 35 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and
Health or the Assistant Secretary for Mine Safety and Health. The
authority of the Assistant Secretary for Employment Standards includes
subpoena authority under 41 U.S.C. 39.
(3) The McNamara-O'Hara Service Contract Act of 1965, as amended,
41 U.S.C. 351 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and
Health. The authority of the Assistant Secretary for Employment
Standards includes subpoena authority under 41 U.S.C. 353(a).
(4) The Davis-Bacon Act, as amended, 40 U.S.C. 276a et seq., and
any laws now existing or subsequently enacted, providing for prevailing
wage findings by the Secretary in accordance with or pursuant to the
Davis-Bacon Act; the Copeland Act, 40 U.S.C. 276c; Reorganization Plan
No. 14 of 1950; and the Tennessee Valley Authority Act, 16 U.S.C. 831.
(5) The Contract Work Hours and Safety Standards Act, as amended,
40 U.S.C. 327 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and
Health.
(6) Title III of the Consumer Credit Protection Act, 15 U.S.C. 1671
et seq.
(7) The labor standards provisions contained in Sections 5(i) and
7(g) of the National Foundation for the Arts and the Humanities Act, 20
U.S.C. 954(i) and 956(g), except those provisions relating to safety
and health delegated to the Assistant Secretary for Occupational Safety
and Health.
(8) The Migrant and Seasonal Agricultural Worker Protection Act of
1983, 29 U.S.C. 1801 et seq., including subpoena authority under 29
U.S.C. 1862(b).
(9) The Employee Polygraph Protection Act of 1988, 29 U.S.C. 2001
et seq., including subpoena authority under 29 U.S.C. 2004(b).
(10) 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.
(11) 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.
(12) The Black Lung Benefits Act, as amended, 30 U.S.C. 901 et seq.
(13) The affirmative action provisions of the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, except
for monitoring of the Federal contractor job listing activities under
38 U.S.C. 4212(a) and the annual Federal contractor reporting
obligations under 38 U.S.C. 4212(d), delegated to the Assistant
Secretary for Veterans' Employment and Training.
(14) Section 503 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 793; and Executive Order 11758 (``Delegating Authority of the
President Under the Rehabilitation Act of 1973'') of January 15, 1974.
(15) Executive Order 11246 ``Equal Employment Opportunity''
(September 24, 1965), as amended by Executive Order 11375 of October
13, 1967; and Executive Order 12086 (``Consolidation of Contract
Compliance Functions for Equal Employment Opportunity'') of October 5,
1978.
(16) The following provisions of the Immigration and Nationality
Act of 1952, as amended, 8 U.S.C. 1101 et seq. (INA): Section
218(g)(2), 8 U.S.C. 1188(g)(2), relating to assuring employer
compliance with terms and conditions of employment under the temporary
alien agricultural labor certification (H-2A) program; and Section
274A(b)(3), 8 U.S.C. 1324A(b)(3),
[[Page 26161]]
relating to employment eligibility verification and related
recordkeeping.
(17) Section 212(m)(2)(E)(ii) through (v) of the INA, 8 U.S.C.
1182(m)(2)(E)(ii) through (v), relating to the complaint,
investigation, and penalty provisions of the attestation process for
users of nonimmigrant registered nurses (i.e., H-1A Visas).
(18) The enforcement of the attestations required by employers
under the INA pertaining to the employment of nonimmigrant longshore
workers, Section 258 of the INA, 8 U.S.C. 1288(c)(4)(B)-(F); and
foreign students working off-campus, 8 U.S.C. 1184 note; and
enforcement of labor condition applications for employment of
nonimmigrant professionals, Section 212(n)(2) of the INA, 8 U.S.C.
1182(n)(2).
(19) Title I of the Americans with Disabilities Act of 1990, 42
U.S.C. 12101 et seq., and the regulations at 41 CFR part 60-742.
(20) The Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et
seq., including subpoena authority under 29 U.S.C. 2616.
(21) The Occupational Safety and Health Act of 1970, 29 U.S.C. 651
et seq., to conduct inspections and investigations, issue
administrative subpoenas, issue citations, assess and collect
penalties, and enforce any other remedies available under the statute,
and to develop and issue compliance interpretations under the statute,
with regard to the standards on:
(a) Field sanitation, 29 CFR 1928.110; and
(b) Temporary labor camps, 29 CFR 1910.142, with respect to any
agricultural establishment where employees are engaged in
``agricultural employment'' within the meaning of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3),
regardless of the number of employees, including employees engaged in
hand packing of produce into containers, whether done on the ground, on
a moving machine, or in a temporary packing shed, except that the
Assistant Secretary for Occupational Safety and Health retains
enforcement responsibility over temporary labor camps for employees
engaged in egg, poultry, or red meat production, or the post-harvest
processing of agricultural or horticultural commodities.
The authority of the Assistant Secretary for Employment Standards
under the Occupational Safety and Health Act with regard to the
standards on field sanitation and temporary labor camps does not
include any other agency authorities or responsibilities, such as
rulemaking authority. Such authorities under the statute are retained
by the Assistant Secretary for Occupational Safety and Health.
Moreover, nothing in this Order shall be construed as derogating
from the right of States operating OSHA-approved State plans under 29
U.S.C. 667 to continue to enforce field sanitation and temporary labor
camp standards if they so choose. The Assistant Secretary for
Occupational Safety and Health retains the authority to monitor the
activity of such States with respect to field sanitation and temporary
labor camps.
(22) The Labor-Management Reporting and Disclosure Act of 1959, as
amended, 29 U.S.C. 401 et seq.
(23) Section 701 (Standards of Conduct for Labor Organizations) of
the Civil Service Reform Act of 1978, 5 U.S.C. 7120; Section 1017 of
the Foreign Service Act of 1980, 22 U.S.C. 4117; Section 220(a)(1) of
the Congressional Accountability Act of 1995, 2 U.S.C. 1351(a)(1); and
the regulations pertaining to such sections at 29 CFR Parts 457-459.
(24) Section 1209 of the Postal Reorganization Act of 1970, 39
U.S.C. 1209.
(25) The employee protection provisions of the Federal Transit law,
as codified at 49 U.S.C. 5333(b), and related provisions.
(26) The employee protection provisions certified under Section
405(a), (b), (c), and (e) of the Rail Passenger Service Act of 1970, 45
U.S.C. 565(a), (b), (c), and (e).
(27) Executive Order 13201, (``the Notification of Employee Rights
Concerning Payment of Union Dues or Fees'') of February 17, 2001.
(28) The Energy Employees Occupational Illness Compensation Program
Act of 2000, Title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Pub. L. 106-398), and Executive
Order 13179 (``Providing Compensation to America's Nuclear Weapons
Workers'') of December 7, 2000.
(29) Section 211(a) of the Labor Management Relations Act, 1947, 29
U.S.C. 181(a) (``Compilation of Collective Bargaining Agreements, etc.;
Use of Data'').
(30) Such additional Federal acts that from time to time may assign
to the Secretary or the Department duties and responsibilities similar
to those listed under subparagraphs (1)-(29) of this paragraph, as
directed by the Secretary.
B. The Wage and Hour Administrator of the Employment Standards
Administration is hereby delegated authority and assigned
responsibility to:
(1) Issue administrative subpoenas under Section 9 of the Fair
Labor Standards Act of 1938, as amended, 29 U.S.C. 209; Section 5 of
the Walsh-Healey Public Contracts Act, 41 U.S.C. 39; Section 4(a) of
the McNamara-O'Hara Service Contract Act, 41 U.S.C. 353(a); Section
512(b) of the Migrant and Seasonal Agricultural Worker Protection Act
of 1983, 29 U.S.C. 1862(b); Section 5(b) of the Employee Polygraph
Protection Act of 1988, 29 U.S.C. 2004(b); Section 106 of the Family
and Medical Leave Act of 1993, 29 U.S.C. 2616; and Section 8(b) of the
Occupational Safety and Health Act of 1970, 29 U.S.C. 657(b), with
respect to the authority delegated by this Order.
C. The Wage and Hour Regional Administrators of the Employment
Standards Administration are hereby delegated authority and assigned
responsibility to issue administrative subpoenas under Section 9 of the
Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 209; Section 5
of the Walsh-Healey Public Contracts Act, 41 U.S.C. 39; Section 4(a) of
the McNamara-O'Hara Service Contract Act, 41 U.S.C. 353(a); Section
512(b) of the Migrant and Seasonal Agricultural Worker Protection Act
of 1983, 29 U.S.C. 1862(b); Section 5(b) of the Employee Polygraph
Protection Act of 1988, 29 U.S.C. 2004(b); Section 106 of the Family
and Medical Leave Act of 1993, 29 U.S.C. 2616; and Section 8(b) of the
Occupational Safety and Health Act of 1970, 29 U.S.C. 657(b), with
respect to the authority delegated by this Order.
D. The Assistant Secretary for Employment Standards and the
Assistant Secretary for Occupational Safety and Health are directed to
confer regularly on enforcement of the Occupational Safety and Health
Act with regard to the standards on field sanitation and temporary
labor camps (see section 7.a. (21) of this Order), and to enter into
any memoranda of understanding which may be appropriate to clarify
questions of coverage which arise in the course of such enforcement.
E. The Assistant Secretary for Administration and Management is
delegated authority and assigned responsibility to assure that any
transfer of resources affecting this Order is fully consistent with the
budget policies of the Department and that consultation and
negotiation, as appropriate, with representatives of any employees
affected by this exchange of responsibilities is conducted. The
Assistant Secretary for Administration and Management is also
responsible for providing or assuring that appropriate
[[Page 26162]]
administrative and management support is furnished, as required, for
the efficient and effective operation of these programs.
F. 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.
8. 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 shall limit or modify the delegation of
authority and assignment of responsibility to the Administrative Review
Board by Secretary's Order 2-96 (April 17, 1996).
C. Except as expressly provided, nothing in this Order shall limit
or modify the provisions of any other Order, including Secretary's
Order 4-2006 (Office of Inspector General).
9. Redelegation of Authority. The Assistant Secretary for
Employment Standards, the Assistant Secretary for Administration and
Management, and the Solicitor of Labor may redelegate authority
delegated in this Order.
10. Effective Date. This order is effective immediately.
Dated: May 2, 2007.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. E7-8795 Filed 5-7-07; 8:45 am]
BILLING CODE 4510-23-P
