Delegation of Authority and Assignment of Responsibility; Secretary's Order 6-2010, 66268-66270 [2010-27139]

Agencies

• Office of the Secretary
• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Notices]
[Pages 66268-66270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27139]



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Part V





Department of Labor





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Delegation of Authority and Assignment of Responsibility; Secretary's 
Order 6-2010; Notice

Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / 
Notices

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 DEPARTMENT OF LABOR

Office of the Secretary


Delegation of Authority and Assignment of Responsibility; 
Secretary's Order 6-2010

    Subject: Delegation of Authority and Assignment of Responsibility 
to the Assistant Secretary for Employment and Training.

1. Purpose and Scope

    The purpose of this Secretary's Order is to delegate and assign to 
the Assistant Secretary for Employment and Training (ASET) the 
authorities and responsibilities of the Secretary of Labor for 
organizing, implementing, and putting into operation employment and 
training policies, programs, and activities.

2. Authority and Directives Affected

    A. This Order is issued under 5 U.S.C. 301 (Departmental 
Regulations); 29 U.S.C. 551 (Establishment of the Department; 
Secretary; Seal); and Reorganization Plan No. 6 of 1950 (5 U.S.C. 
Appendix 1).
    B. Directives Affected. Secretary's Orders 9-2006 and 3-2009 are 
hereby superseded and cancelled by this Order. Any Secretary's Orders 
or other DOL document (including policies and guidance) which 
references Secretary's Order 3-2007, which was superseded and cancelled 
by Secretary's Order 3-2009, or Secretary's Orders 4-75 (Manpower 
Programs), 2-79 (Targeted Jobs Tax Credit), 3-81 (Trade Act of 1974), 
2-85 (Job Training Partnership Act), which were superseded and 
cancelled by Secretary's Order 3-2007, are deemed to refer to this 
Order instead.

3. Background

    This Order updates the roles and responsibilities of the ASET and 
repeals Secretary's Order 9-2006, which established the Office of the 
Job Corps within the Office of the Secretary. This Order also repeals 
and supersedes Secretary's Order 3-2009, to include authority and 
responsibility for the Job Corps program. This is accomplished by 
deleting the exclusion for the Job Corps that was found in Secretary's 
Order 3-2009, Section 4 A. (22), titled Delegation of Authority and 
Assignment of Responsibilities.
    In general, this Order constitutes the primary Secretary's Order 
for the Employment and Training Administration (ETA). This Order 
consolidates all of the authority delegated and the responsibilities 
assigned to the ASET for the employment and training policies, 
programs, and activities of ETA. The ASET is responsible for overseeing 
and managing a budget that funds the nation's publicly-funded workforce 
investment system. This system contributes to the more efficient 
functioning of the U.S. labor market by providing a wide array of 
employment and training services to employers, job seekers, and youth, 
including job training, employment services, labor market information, 
and income maintenance services. The ASET manages the agency 
responsible for carrying out these responsibilities.

4. Delegation of Authority and Assignment of Responsibilities

    A. The Assistant Secretary for Employment and Training is hereby 
delegated authority and assigned responsibility for carrying out the 
standards, policies, programs, and activities of the Department of 
Labor, including grant making and contract procurement activities in 
accordance with existing governmental and Departmental regulations and 
policies, relating to workforce development activities such as 
employment services, benefit assistance, and training, including those 
functions to be performed by the Secretary of Labor under the 
designated provisions of the following statutes, except as provided in 
paragraph 5 of this Order.
    (1) American Competitiveness and Workforce Improvement Act, Section 
414(c), Public Law 105-277, as amended by Division J, Section 428, 
Public Law 108-447, 29 U.S.C. 2916a.
    (2) Appalachian Regional Development Act of 1965, as amended, 40 
U.S.C. 14101 et seq.
    (3) Federal Unemployment Tax Act, as amended, 26 U.S.C. 3301-3311, 
including the Federal-State Extended Unemployment Compensation Act of 
1970, as amended, 26 U.S.C. 3304 note.
    (4) Health Coverage Tax Credit, section 31 of the Internal Revenue 
Code of 1986, 26 U.S.C. 31.
    (5) Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 
1101 et seq. and related laws, subject to (i) Secretary's Order 9-2009, 
which, in relevant part, delegates authority and assigns responsibility 
to the Administrator, Wage and Hour Division for the enforcement of 
alien labor certification, attestation, and labor condition application 
programs, and (ii) Secretary's Order 18-2006 which remains in effect, 
which in relevant part, delegates authority and assigns responsibility 
to the Deputy Undersecretary for International Affairs for assisting 
the Secretary of Homeland Security in the preparation of immigration 
reports and assisting in the coordination of information on immigration 
and migration policy within the Department and coordinating the 
Department's participation in international forums on discussions of 
migration and immigration.
    (6) Intergovernmental Cooperation Act of 1968, as amended, 31 
U.S.C. 6501 et seq.
    (7) National Apprenticeship Act (Fitzgerald Act), as amended, 29 
U.S.C. 50 et seq.
    (8) Older Americans Act of 1965, as amended, 42 U.S.C. 3056 et seq.
    (9) Public Works Acceleration Act, Public Law 87-658, 42 U.S.C. 
2641 et seq.
    (10) Rehabilitation Act of 1973, as amended, 29 U.S.C. 795.
    (11) Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, as amended, sections 410 and 423, 42 U.S.C. 5177 and 5189a; 
Executive Order 12381, ``Delegation of Emergency Management Functions'' 
(September 8, 1982), which delegates the authority of the President to 
exercise powers of the President with respect to Federal disaster 
assistance to the Federal Emergency Management Agency; ``Delegation of 
Authority to the Department of Labor,'' from the Federal Emergency 
Management Agency to provide Federal disaster assistance (February 10, 
1986).
    (12) Rural Development Act of 1972, as amended, 7 U.S.C. 
1932(d)(4).
    (13) Small Business Act, as amended, 15 U.S.C. 644(n).
    (14) Social Security Act of 1935, as amended, Title III-Grants to 
States for Unemployment Compensation Administration, 42 U.S.C. 501-504; 
Title IX-Unemployment Security Administration Financing, 42 U.S.C. 
1101-1110; Title XI, Section 1137--Income and Eligibility Verification 
System, 42 U.S.C. 1320b-7; Title XII-Advances to State Unemployment 
Funds, 42 U.S.C. 1321-1324.
    (15) Trade Act of 1974, as amended, 19 U.S.C. 2271-2323, 2323--
2372-2374, 2395 and 2397a.
    (16) Unemployment Compensation for Federal Civilian Employees 
Program, 5 U.S.C. 8501-8509; and Unemployment Compensation for Ex-
servicemembers Program, 5 U.S.C. 8521-8525.
    (17) Vietnam Era Veterans' Readjustment Assistance Act of 1974, as 
amended, 38 U.S.C. 3689, 3694, 4106, 4107(c), 4110, and 4212(a)(2)(B) 
and (C). Note: Secretary's Order 7-2009 remains in effect. That order 
delegates authority and assigns responsibility to the Director of the 
Office of Federal Contract Compliance Programs for

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affirmative action provisions of the Vietnam Era Veterans' Readjustment 
Assistance Act of 1974, including 38 U.S.C. 4212(a)(1), 4212(a)(2)(A), 
and 4212(b)(2004) and 38 U.S.C. 4212(a) and (b) (2002). Subject to the 
above delegation to ETA, Secretary's Order 3-2004 remains in effect, 
which in part, delegates authority and assigns responsibility to the 
Assistant Secretary of Labor for Veterans' Employment and Training for 
administering the Federal Contractor Veteran's Employment Report (VETS-
100), 38 U.S.C. 4212(d), and determining compliance pursuant to 20 CFR 
1001.130 regarding Federal contractor priority of employment referral 
and employment listings under 38 U.S.C. 4212(a)(2)(B) and (C).
    (18) Jobs for Veterans Act of 2002, 38 U.S.C. 4215(b)(1) and 38 
U.S.C. 4215(c), as implemented by regulations at 20 CFR 1010. This 
Secretary's Order delegates authority and assigns responsibility to the 
Assistant Secretary of Labor for Employment and Training for the 
following sections of the regulations: (a) Administering implementation 
of priority of service in accord with Sec.  1010.200 through Sec.  
1010.230, Sec.  1010.250, Sec.  1010.300, and Sec.  1010.310; (b) 
administering data collection and reporting on priority of service in 
accord with Sec.  1010.320 and Sec.  1010.330; and, (c) in accord with 
Sec.  1010.240, monitoring compliance with priority of service jointly 
with the Assistant Secretary for Veterans' Employment and Training.
    (19) Vocational Education Act of 1963, as amended, the Carl D. 
Perkins Vocational and Applied Technology Act, 20 U.S.C. 2301 et seq.
    (20) Wagner-Peyser Act, as amended, 29 U.S.C. 49 et seq.
    (21) Work Opportunity Tax Credit, section 51 of the Internal 
Revenue Code of 1986, 26 U.S.C. 51.
    (22) Worker Adjustment and Retraining Notification Act, as amended, 
29 U.S.C. 2101 et seq.
    (23) Workforce Investment Act of 1998, as amended, title I and 
title V, Public Law 105-220, 29 U.S.C. 2801-2945, 20 U.S.C. 9271-9276 
except for title I, subtitle D Sec.  168 which pertains to the 
Veterans' Workforce Investment Program, 29 U.S.C. 2913.
    (24) YouthBuild Transfer Act of 2005, Public Law 109-281, 29 U.S.C. 
2918a.
    (25) Executive Order 10582, ``Prescribing Uniform Procedures for 
Certain Determinations under the Buy American Act'' (December 17, 
1954), as amended by Executive Order 11051, ``Prescribing 
Responsibilities of the Office of Emergency Planning in the Executive 
Office of the President'' (September 27, 1962), and Executive Order 
12148, ``Federal Emergency Management'' (July 20, 1979).
    (26) Executive Order 12656, ``Assignment of Emergency Preparedness 
Responsibilities'' (November 18, 1988).
    (27) Executive Order 12789, ``Delegation of Reporting Functions 
under the Immigration Reform and Control Act of 1986'' (February 10, 
1992), as amended by Executive Order 13286, ``Amendment of Executive 
Orders, and Other Actions, in Connection With the Transfer of Certain 
Functions to the Secretary of Homeland Security'' (February 28, 2003).
    (28) Executive Order 12073, ``Federal Procurement in Labor Surplus 
Areas'' (August 16, 1978).
    (29) Executive Order 13198, ``Agency Responsibilities With Respect 
to Faith-Based and Community Initiatives'' (January 29, 2001).
    (30) Executive Order 13279, ``Equal Protection of the Laws for 
Faith-Based and Community Organizations'' (December 12, 2002).
    (31) Such additional Federal acts, Executive Orders, or regulations 
that may assign to the Secretary or the Department duties and 
responsibilities similar to those listed under subparagraphs (1)-(30) 
of this paragraph including but not limited to those relating to 
workforce development activities, such as employment services, benefit 
assistance and training, and the extension or supplementation of 
unemployment compensation provided under Federal law.
    B. The Assistant Secretary for Employment and Training is delegated 
authority for making organizational changes in accordance with policies 
established by the Secretary.
    C. The Assistant Secretary for Employment and Training is also 
delegated the authority and assigned responsibility to carry out 
departmental liaison and committee representative duties as provided in 
the relevant authorities listed in paragraph 4(A) above, except as 
provided in paragraph 5 of this Order.
    D. The Assistant Secretary for Employment and Training is also 
delegated the authority and assigned responsibility to determine 
whether a recipient of a grant awarded or administered by the Office of 
the Assistant Secretary for Employment and Training is entitled, 
pursuant to the Religious Freedom Restoration Act, 42 U.S.C. 2000bb-
1(b), to an exemption from a religious non-discrimination provision of 
a statute or regulation applied and/or enforced by the Department.
    E. The Solicitor of Labor is delegated authority and assigned 
responsibility for providing legal advice and assistance to officials 
of the Department relating to the administration of this Order and the 
statutory provisions, regulations, and Executive Orders listed above.

5. Reservation of Authority

    A. No delegation of authority or assignment of responsibility under 
this Order will be deemed to affect the Secretary's authority to 
continue to exercise or further delegate such authority or 
responsibility.
    B. The submission of reports and recommendations to the President 
and Congress concerning the administration of the statutory provisions 
and Executive Orders listed above is reserved to the Secretary.
    C. 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 1-2010 (Jan. 15, 2010), 75 FR 3924 (Jan. 25, 
2010).
    D. Nothing in this Order shall limit or modify the provision of any 
other Order, including Secretary's Order 04-2006 (February 21, 2006), 
Office of the Inspector General, except as expressly provided.
    E. The Secretary reserves the authority to enter into and terminate 
an agreement with any State or State agency to act as an agent of the 
United States under section 239(a) of the Trade Act of 1974, as 
amended, 19 U.S.C. 2311(a), in the administration of the Trade 
Adjustment Assistance programs; under 5 U.S.C. 8502 in the 
administration of the Unemployment Compensation for Federal Employees 
and Unemployment Compensation for ex-service members programs; under 
section 410(a) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5177(a), in the administration of the 
Disaster Unemployment Assistance program; as well as under any Federal 
program providing for the extension or supplementation of unemployment 
compensation: and to certify unemployment compensation law under 26 
U.S.C. 3304(c) and 26 U.S.C. 3303(b).

6. Redelegation of Authority

    The Assistant Secretary for Employment and Training may further 
redelegate, unless otherwise prohibited, the authority and 
responsibilities herein delegated by this Order.

7. Effective Date

    This Order is effective immediately.


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    Dated: October 20, 2010.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. 2010-27139 Filed 10-26-10; 8:45 am]
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