Delegation of Authority and Assignment of Responsibilities to the Employee Benefits Security Administration, 21524 [E9-10553]

Agencies

• DEPARTMENT OF LABOR
• Office of the Secretary

[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Page 21524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10553]



[[Page 21523]]

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Part III





Department of Labor





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Delegation of Authority and Assignment of Responsibilities to the 
Employee Benefits Security Administration; Notice

Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / 
Notices

[[Page 21524]]


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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 6-2009]


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 1-2003, 68 FR 5374 (Feb. 3, 2003).
    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. Secretary's Order 1-2003 delegated authority for this 
program to the Assistant Secretary for Employee Benefits Security.
    FERSA requires the Department of Labor to, among other things, 
administer and enforce the fiduciary responsibility, prohibited 
transaction, and bonding provisions of FERSA. Secretary's Order 1-2003 
also delegated these responsibilities to the Assistant Secretary for 
Employee Benefits Security.
    Secretary's Order 16-2006, 71 FR 67024 (Nov. 17, 2006), delegates 
the authority and responsibility to invoke governmental privileges on a 
Department-wide basis and supersedes the delegation of such authority 
and responsibility in Secretary's Order 1-2003.
    The Health Insurance Portability and Accountability Act of 1996, 
amended ERISA and separated allocated certain additional authority and 
responsibilities to the Secretary of Labor.
    Two recently enacted statutes, the American Recovery and 
Reinvestment Act of 2009 and the Children's Health Insurance Program 
Reauthorization Act of 2009 have given the Secretary of Labor new 
authority and responsibilities.
    4. Delegation of Authority and Assignment of Responsibilities
    A. Except as hereinafter provided, the Assistant Secretary for 
Employee Benefits Security is delegated the authority (including the 
authority to re-delegate) 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; and
    (g) As directed by the Secretary, such additional Federal acts 
similar to or related to those listed in paragraphs (i) through (v), 
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 Assistant Secretary for Administration and Management is 
responsible for providing all administrative support services to the 
Employee Benefits Security Administration such as personnel, payroll, 
budget, accounting, contracting and grants and other such services 
deemed necessary in support of the agency's mission.
    C. The Chief Financial Officer is delegated authority and assigned 
responsibility, in accordance with applicable appropriations 
enactments, for establishing policies and procedures: That ensure the 
accounting, financial, and asset management systems of the Department 
are designed, maintained, and used effectively to provide financial or 
program performance data for financial statements; ensure financial and 
related program performance data are provided on a reliable, 
consistent, and timely basis; and, ensure that financial statements 
support assessments and revisions of mission-related processes and 
administrative processes and performance management of the program 
activities.
    D. 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 5.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.
    E. 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. The submission of reports and 
recommendations to the President and the Congress concerning the 
administration of the statutes listed in paragraph 5.a.(1) of this 
order and responsibilities under Subtitle C of Title III of ERISA are 
reserved to the Secretary. The Pension Benefit Guaranty Corporation 
carries out responsibilities under Title IV of ERISA.
    6. Effective Date. This order is effective immediately.

    Dated: April 30, 2009.
Hilda L. Solis,
Secretary of Labor.
 [FR Doc. E9-10553 Filed 5-6-09; 8:45 am]
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