Delegation of Authority and Assignment of Responsibilities, 55354-55355 [2010-22655]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 55354 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices B. The Administrator, Wage and Hour Division is 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, as amended, 41 U.S.C. 39; Section 4(a) of the McNamaraO’Hara Service Contract Act, as amended, 41 U.S.C. 353(a); Section 512(b) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, as amended, 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, as amended, 29 U.S.C. 2616; and Section 8(b) of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 657(b), with respect to the authority delegated by this Order. C. The Wage and Hour Regional Administrators are hereby redelegated 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, as amended, 41 U.S.C. 39; Section 4(a) of the McNamaraO’Hara Service Contract Act, as amended, 41 U.S.C. 353(a); Section 512(b) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, as amended, 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, as amended, 29 U.S.C. 2616; and Section 8(b) of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 657(b), with respect to the authority delegated by this Order. D. The Administrator, Wage and Hour Division is hereby delegated authority and assigned responsibility to issue U Nonimmigrant Status Certifications under Section 1513(b) of the Victims of Trafficking and Violence Protection Act of 2000, as amended, 8 U.S.C. 1101(a)(15)(U) and related Department of Homeland Security regulations (see 8 CFR 214.14). E. The Administrator, Wage and Hour Division 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. (12) 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. VerDate Mar<15>2010 16:29 Sep 09, 2010 Jkt 220001 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. 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 shall limit or modify the delegation of authority and assignment of responsibility to the Administrative Review Board by Secretary’s Order 01–2002 (September 24, 2002). 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). 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 immediately. Dated: September 2, 2010. Hilda L. Solis, Secretary of Labor. [FR Doc. 2010–22654 Filed 9–9–10; 8:45 am] BILLING CODE 4510–23–P DEPARTMENT OF LABOR Office of the Secretary Delegation of Authority and Assignment of Responsibilities Secretary’s Order 3–2010 Subject: 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. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 2. Authority and Directives Affected. This Order supersedes Secretary’s Order 6–2009 (April 30, 2009). 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 for the newest among such laws, certain provisions enacted recently as amendments to the Fair Labor Standards Act (FLSA) in sections 1511 and 1512 of the Patient Protection and Affordable Care Act of 2010, Public Law 111–148, 124 Stat. 119 (29 U.S.C. 218A and 218B). The duties delegated to the Assistant Secretary include authority and responsibility for sections 18A and 18B of the FLSA (29 U.S.C. 218A and 218B), the associated FLSA authorities in sections 9 and 11 (20 U.S.C. 209 and 211) to issue subpoenas and conduct investigations under sections 18A and 18B, and to exercise any other authority and responsibilities granted the Secretary to enforce sections 18A and 18B of the FLSA. 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; E:\FR\FM\10SEN1.SGM 10SEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices (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; and (h) As directed by the Secretary, such additional Federal acts similar to or related to those listed in paragraphs (a) through (g), above, that from time to time may assign additional authority or responsibilities to the Department or the Secretary. 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. 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: September 2, 2010. Hilda L. Solis, Secretary of Labor. [FR Doc. 2010–22655 Filed 9–9–10; 8:45 am] BILLING CODE 4510–23–P VerDate Mar<15>2010 16:29 Sep 09, 2010 Jkt 220001 DEPARTMENT OF LABOR Office of the Secretary Delegation of Authority and Assignment of Responsibility Secretary’s Order 4–2010 Subject: Delegation of Authority and Assignment of Responsibility to the Assistant Secretary for Occupational Safety and Health. 1. Purpose. To delegate authority and assign responsibility to the Assistant Secretary for Occupational Safety and Health. 2. Authorities and Directives Affected. A. Authorities. This Order is issued pursuant to 29 U.S.C. 551 et seq.; 5 U.S.C. 301; 5 U.S.C. 5315; the Occupational Safety and Health Act of 1970, 29 U.S.C. 651, et seq.; the WalshHealey Public Contracts Act of 1936, as amended, 41 U.S.C. 35, 37–41, 43–45; the McNamara-O’Hara Service Contract Act of 1965, as amended, 41 U.S.C. 351– 354, 356–357; the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 329, 333; the Maritime Safety Act of 1958, 33 U.S.C. 941; the National Foundation on the Arts and the Humanities Act of 1965, 20 U.S.C. 954(m)(2); 5 U.S.C. 7902 and any executive order thereunder, including Executive Order 12196 (‘‘Occupational Safety and Health Programs for Federal Employees’’) (February 26, 1980); the Surface Transportation Assistance Act of 1982, 49 U.S.C. 31105; the Asbestos Hazard Emergency Response Act of 1986, 15 U.S.C. 2651; the International Safe Container Act, 46 U.S.C. 80507; the Safe Drinking Water Act, 42 U.S.C. 300j–9(i); the Energy Reorganization Act of 1974, as amended, 42 U.S.C. 5851; the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9610(a)–(d); the Federal Water Pollution Control Act, 33 U.S.C. 1367; the Toxic Substances Control Act, 15 U.S.C. 2622; the Solid Waste Disposal Act, 42 U.S.C. 6971; the Clean Air Act, 42 U.S.C. 7622; the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C. 42121; the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1514A; the Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60129; the National Transit Systems Security Act, 6 U.S.C. 1142; the Federal Railroad Safety Act, 49 U.S.C. 20109; the Consumer Product Safety Improvement Act, 15 U.S.C. 2087; the Patient Protection and Affordable Care Act amendment to the Fair Labor Standards Act, 29 U.S.C. 218C; and Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 55355 B. Directives Affected. Secretary’s Order 5–2007 is replaced by this Order. 3. Background. This Order constitutes the basic Secretary’s Order for the Occupational Safety and Health Administration (OSHA), superseding Order 5–2007. This Order delegates and assigns responsibility to OSHA for enforcement of (1) Section 18C (protection of employees providing healthcare information) of the Fair Labor Standards Act (29 U.S.C. 218C), as added by Section 1558 of the Patient Protection and Affordable Care Act of 2010, Public Law 111–148; (2) Section 1057 (‘‘Employee Protection,’’ 12 U.S.C. 5567) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203; (3) the National Transit Systems Security Act, 6 U.S.C. 1142; (4) the Federal Railroad Safety Act, 49 U.S.C. 20109; (5) Section 40 of the Consumer Product Safety Improvement Act, 15 U.S.C. 2087; and (6) makes other modifications to reflect the above new responsibilities. This revised Order also reflects recent organizational changes within the Department of Labor and makes other technical changes. All other authorities and responsibilities set forth in this Order were delegated or assigned previously to the Assistant Secretary for OSHA in Secretary’s Order 5–2007, 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 Responsibility. A. The Assistant Secretary for Occupational Safety and Health (1) The Assistant Secretary for Occupational Safety and Health is delegated authority and assigned responsibility for administering the safety and health, and whistleblower programs and activities of the Department of Labor, except as provided in paragraph 4.a.(2) below, under the designated provisions of the following laws: (a) Occupational Safety and Health Act of 1970, 29 U.S.C. 651, et seq. (b) Walsh-Healey Public Contracts Act of 1936, as amended, 41 U.S.C. 35, 37– 41, 43–45. (c) McNamara-O’Hara Service Contract Act of 1965, as amended, 41 U.S.C. 351–354, 356–357. (d) Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 329, 333. (e) Maritime Safety Act of 1958, 33 U.S.C. 941. (f) National Foundation on the Arts and the Humanities Act of 1965, 20 U.S.C. 954(m)(2). (g) 5 U.S.C. 7902 and any executive order thereunder, including Executive E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55354-55355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22655]


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DEPARTMENT OF LABOR

Office of the Secretary


Delegation of Authority and Assignment of Responsibilities

Secretary's Order 3-2010

    Subject: 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 6-2009 (April 30, 2009).
    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 for the newest among such laws, certain 
provisions enacted recently as amendments to the Fair Labor Standards 
Act (FLSA) in sections 1511 and 1512 of the Patient Protection and 
Affordable Care Act of 2010, Public Law 111-148, 124 Stat. 119 (29 
U.S.C. 218A and 218B). The duties delegated to the Assistant Secretary 
include authority and responsibility for sections 18A and 18B of the 
FLSA (29 U.S.C. 218A and 218B), the associated FLSA authorities in 
sections 9 and 11 (20 U.S.C. 209 and 211) to issue subpoenas and 
conduct investigations under sections 18A and 18B, and to exercise any 
other authority and responsibilities granted the Secretary to enforce 
sections 18A and 18B of the FLSA.
    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;

[[Page 55355]]

    (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; and
    (h) As directed by the Secretary, such additional Federal acts 
similar to or related to those listed in paragraphs (a) through (g), 
above, that from time to time may assign additional authority or 
responsibilities to the Department or the Secretary.
    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.
    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: September 2, 2010.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. 2010-22655 Filed 9-9-10; 8:45 am]
BILLING CODE 4510-23-P

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