Secretary's Order 01-2019-Delegation of Authority and Assignment of Responsibility to the Administrative Review Board, 13072-13074 [2019-06447]
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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices
If additional information is required,
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, 3E.405B,
Washington, DC 20530.
Dated: March 29, 2019.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2019–06437 Filed 4–2–19; 8:45 am]
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DEPARTMENT OF LABOR
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Secretary’s Order 01–2019—Delegation
of Authority and Assignment of
Responsibility to the Administrative
Review Board
1. Purpose. To delegate authority and
assign responsibility to the
Administrative Review Board, define its
composition, and describe its functions.
2. Authorities. This Order is issued
under the authority of 5 U.S.C. 301
(Departmental Regulations); 29 U.S.C.
551 et seq. (Establishment of
Department; Secretary; Seal);
Reorganization Plan No. 6 1950 (5
U.S.C. App. 1 Reorg. Plan 6 1950); and
the authorities cited in Section 5 of this
Order.
3. Background. The Secretary of Labor
(‘‘Secretary’’) has the authority and
responsibility to decide certain appeals
from administrative decisions. The
Secretary created the Administrative
Review Board (‘‘Board’’ or ‘‘ARB’’) in
Secretary’s Order 02–96, which
delegated authority and assigned
responsibilities to the Board. Secretary’s
Order 01–2002 delegated this authority
and assigned responsibility to the ARB,
defined and expanded its composition,
clarified ARB procedural authorities,
and codified the location of the ARB in
the Department’s organizational
structure. Secretary’s Order 01–2010,
then, created and designated a ViceChair to maintain and operate the Board
during a Chair’s absence or vacancy.
Additionally, Secretary’s Order 01–2010
delegated the responsibility for the
operational management of the Board
and its affairs to the newly created ViceChair. Secretary’s Order 02–2012
provided updates to the delegation of
authority and assignment of
responsibilities laid out in the previous
orders. This order will provide updates
to the term of membership.
4. Directives Affected. Secretary’s
Order 02–2012—Delegation of Authority
and Assignment of Responsibility to the
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Administrative Review Board is hereby
canceled. Any Secretary’s Order or other
DOL document (including policies and
guidance) that references Secretary’s
Order 02–2012 is deemed to refer to this
Order instead. This Order does not
affect the authorities and
responsibilities assigned by Secretary’s
Order 05–2018—Procedures for
Appointment of Individuals to
Department of Labor Appellate Boards.
5. Delegation of Authority and
Assignment of Responsibilities. The
Board is hereby delegated authority and
assigned responsibility to act for the
Secretary of Labor in review or on
appeal of the matters listed below,
including, but not limited to, the
issuance of final agency decisions. The
Board shall report to the Secretary of
Labor through the Deputy Secretary of
Labor.
a. Final decisions of the
Administrator of the Wage and Hour
Division or an authorized representative
of the Administrator, and final decisions
of Administrative Law Judges (‘‘ALJs’’),
under the following:
1. The Davis-Bacon Act, 40 U.S.C.
3141 et seq.; any laws now existing or
which may be subsequently enacted,
providing for prevailing wages
determined by the Secretary of Labor in
accordance with or pursuant to the
Davis-Bacon Act; the Contract Work
Hours and Safety Standards Act, 40
U.S.C. 3701 et seq. (except matters
pertaining to safety); the Copeland Act,
40 U.S.C. 3145; Reorganization Plan No.
14 of 1950; and 29 CFR parts 1, 3, 5, 6,
subpart C and D.
2. The McNamara-O’Hara Service
Contract Act, as amended, 41 U.S.C.
6701 et seq.; the Contract Work Hours
and Safety Standards Act, 40 U.S.C.
3701 et seq. (except matters pertaining
to safety) where the contract is also
subject to the McNamara-O’Hara Service
Contract Act; and 29 CFR parts 4, 5, 6,
subparts B, D, E.
b. Decisions and recommended
decisions by ALJs as provided for or
pursuant to the following laws and
implementing regulations:
1. Age Discrimination Act of 1975, 42
U.S.C. 6103;
2. Title VI of the Civil Rights Act of
1964, 42 U.S.C. 2000d–l; 29 CFR part
31;
3. Civil Service Reform Act of 1978,
5 U.S.C. 7120; 29 CFR part 458,
§§ 458.70, 458.72, 458.76, 458.81,
458.82, 458.88, 458.90, 459.91, and
458.93;
4. Clean Air Act, 42 U.S.C. 7622; 29
CFR part 24;
5. Comprehensive Environmental
Response, Compensation and Liability
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Act of 1980, 42 U.S.C. 9610; 29 CFR part
24;
6. Congressional Accountability Act
of 1995, 2 U.S.C. 1351(a)(1); 29 CFR part
458, §§ 458.70, 458.72, 458.76, 458.81,
458.82, 458.88, 458.90, 459.91, and
458.93;
7. Consumer Financial Protection Act
of 2010, Section 1057 of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act of 2010, 12 U.S.C. 5567,
Public Law 111–203;
8. Consumer Product Safety
Improvement Act of 2008, 15 U.S.C.
2087; 29 CFR part 1983;
9. Title IX of the Education
Amendments of 1972, 20 U.S.C. 1682;
29 CFR part 36;
10. Employee Polygraph Protection
Act of 1988, 29 U.S.C. 2005(a); 29 CFR
part 801, subpart E;
11. Energy Reorganization Act of
1974, as amended, 42 U.S.C. 5851; 29
CFR part 24;
12. Equal Access to Justice Act, 5
U.S.C. 504; 29 CFR part 16;
13. Executive Order No. 11246, as
amended, 3 CFR 339 (1964–1965
Comp.); reprinted in 42 U.S.C. 2000e
app.; 41 CFR parts 60–1 and 60–30;
14. Fair Labor Standards Act of 1938,
as amended, 29 U.S.C. 203(m); 29 CFR
part 531, §§ 531.4, 531.5;
15. Fair Labor Standards Act of 1938,
as amended, 29 U.S.C. 211(d); 29 CFR
part 530, subpart E;
16. Fair Labor Standards Act of 1938,
as amended, 29 U.S.C. 214(c) 29 CFR
part 525, § 525.22;
17. Fair Labor Standards Act of 1938,
as amended, 29 U.S.C. 216(e); 29 CFR
part 580;
18. Fair Labor Standards Act of 1938,
as amended by the Affordable Care Act,
29 U.S.C. 218C, Public Law 111–148,
1558;
19. Federal Railroad Safety Act, 49
U.S.C. 20109; 29 CFR part 1982;
20. Federal Unemployment Tax Act,
26 U.S.C. 3303(b)(3), 3304(c);
21. Federal Unemployment Tax Act
(addressing agreements under the Trade
Act of 1974, as amended), 26 U.S.C.
3302(c)(3); 20 CFR part 617;
22. Federal Water Pollution Control
Act, 33 U.S.C. 1367; 29 CFR part 24;
23. Foreign Service Act of 1980, 22
U.S.C. 4117; 29 CFR part 458, §§ 458.70,
458.72, 458.76, 458.81, 458.82, 458.88,
458.90, 459.91, 458.92, and 458.93;
24. Immigration and Nationality Act
as amended, 8 U.S.C. 1182(m); 20 CFR
part 655, subpart E;
25. Immigration and Nationality Act
as amended, 8 U.S.C. 1182(m); 20 CFR
part 655, subpart M;
26. Immigration and Nationality Act,
as amended, 8 U.S.C. 1182(n); 20 CFR
part 655, subpart I;
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27. Immigration and Nationality Act,
as amended, 8 U.S.C. 1184(c)(14), 20
CFR part 655, subpart A, 29 CFR part
503, subpart C;
28. Immigration and Nationality Act,
as amended, 8 U.S.C. 1188(b)(2), 20 CFR
part 655, subpart A, 29 CFR part 503,
subpart C;
29. Immigration and Nationality Act,
as amended, 8 U.S.C. 1288(c) and (d); 20
CFR part 655, subpart G;
30. Immigration and Nationality Act,
as amended, 8 U.S.C. 1188(g)(2); 29 CFR
part 501, subpart C;
31. Labor-Management Reporting and
Disclosure Act of 1959, 29 U.S.C.
481(h); 29 CFR part 417, sections 417.6,
417.7, 417.9(c), 417.13, 417.14, and
417.15;
32. Longshore and Harbor Workers’
Compensation Act, 33 U.S.C. 907(j)(2);
20 CFR part 702;
33. Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C. 1813,
1853; 29 CFR part 500, subpart F;
34. Motor Vehicle and Highway
Safety Improvement Act of 2012,
Section 31307 of the Moving Ahead for
Progress in the 21st Century Act, 49
U.S.C. 30171;
35. National Apprenticeship Act, 29
U.S.C. 50; 29 CFR parts 29 and 30;
36. National Transit Systems Security
Act of 2007, 6 U.S.C. 1142; 29 CFR part
1982;
37. Notification of Employee Rights
Under Federal Labor Laws, 29 CFR part
471;
38. Older Americans Senior
Community Service Employment
Program, 42 U.S.C. 3056, 20 CFR
641.900;
39. Part B of the Black Lung Benefits
Act, 30 U.S.C. 921—924; Section 3(d)(3)
of the Black Lung Consolidation of
Administrative Responsibility Act
(2002); 20 CFR part 410 (2011);
40. Pipeline Safety Improvement Act
of 2002, 49 U.S.C. 60129; 29 CFR part
1981;
41. Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. 3803; 29 CFR part 22;
42. Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42
U.S.C. 5177(a) and 5189a; 20 CFR part
625;
43. Section 423(d)(1) of the Black
Lung Benefits Act, 30 U.S.C. 933(d)(1);
20 CFR part 726;
44. Section 428 of the Black Lung
Benefits Act, 30 U.S.C. 938;
45. Seaman’s Protection Act, 46
U.S.C. 2114;
46. Section 402 of the FDA Food
Safety Modernization Act, Public Law
111–353, 21 U.S.C. 399d;
47. Section 503 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 793;
41 CFR part 60–741, subpart B;
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48. Section 504 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 794;
29 CFR part 32;
49. Safe Drinking Water Act, 42 U.S.C.
300j–9(i); 29 CFR part 24;
50. Sarbanes-Oxley Act of 2002, 18
U.S.C. 1514A, as amended by Sections
922 and 929A of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act of 2010, Public Law 111–203, 29
CFR part 1980;
51. Single Audit Act of 1984, as
amended, 31 U.S.C. 7501 et seq.; OMB
Circular No. A–133, as amended; 29
CFR part 96;
52. Social Security Act, 42 U.S.C. 503;
20 CFR parts 601 and 602;
53. Solid Waste Disposal Act, 42
U.S.C. 6971; 29 CFR part 24;
54. Surface Transportation Assistance
Act, 49 U.S.C. 31105; 29 CFR part 1978;
55. Toxic Substances Control Act, 15
U.S.C. 2622; 29 CFR part 24;
56. Trade Act of 1974, as amended, 19
U.S.C. 2101–2321; 20 CFR part 617;
57. Unemployment Compensation for
Federal Civilian Employees Program, 5
U.S.C. 8501–8508; 20 CFR part 609;
58. Unemployment Compensation for
Ex-Service Members Program, 5 U.S.C.
8521–8525; 20 CFR part 614;
59. Vietnam Era Veterans
Readjustment Assistance Act, as
amended, 38 U.S.C. 4211, 4212; 41 CFR
part 60–250, subpart B, and Part 60–300,
subpart B;
60. Wagner-Peyser Act, as amended,
29 U.S.C. 49; 20 CFR part 658;
61. Walsh-Healey Public Contracts
Act, as amended, 41 U.S.C. 38; 41 CFR
part 50–203;
62. Welfare to Work Act, 20 CFR
645.800(c);
63. Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century, 49 U.S.C. 42121; 29 CFR part
1979;
64. Workforce Investment Act of 1998,
as amended, 29 U.S.C. 2936; 20 CFR
667.830;
65. Workforce Innovation and
Opportunity Act, 29 U.S.C § 3246; 20
CFR 683.830;
66. Workforce Investment Act of 1998,
as amended, 29 U.S.C. 2938; 29 CFR
part 37 (see 37.110–112);
67. Workforce Innovation and
Opportunity Act, 29 U.S.C. 3248; 29
CFR part 38 (see 38.112); and
68. Any laws or regulation
subsequently enacted or promulgated
that provide for final decisions by the
Secretary of Labor upon appeal or
review of decisions, or recommended
decisions, issued by ALJs, and any
Federal law that extends or supplements
unemployment compensation and
provides for final decisions by the
Secretary of Labor.
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13073
The Board shall not have jurisdiction
to pass on the validity of any portion of
the Code of Federal Regulations that has
been duly promulgated by the
Department of Labor and shall observe
the provisions thereof, where pertinent,
in its decisions. The Board also shall not
have jurisdiction to review decisions to
deny or grant exemptions, variations,
and tolerances and does not have the
authority independently to take such
actions. In issuing its decisions, the
Board shall adhere to the rules of
decision and precedent applicable
under each of the laws enumerated in
Sections 5(a), 5(b), and 5(c) of this
Order, until and unless the Board or
other authority explicitly reverses such
rules of decision or precedent. The
Board’s authority includes the
discretionary authority to review
interlocutory rulings in exceptional
circumstances, provided such review is
not prohibited by statute.
6. Composition and Panel
Configuration
a. The Board shall consist of a
maximum of five Members, one of
whom the Secretary shall designate as
Chair, and a second of whom the
Secretary shall designate as Vice-Chair.
The Members of the Board shall be
appointed by the Secretary of Labor, and
shall be selected upon the basis of their
qualifications and competence in
matters within the authority of the
Board.
b. Except as provided in Section 6(c),
the Board shall sit, hear cases, render
decisions, and perform all other related
functions in panels of two or three
Members, as may be assigned by the
Chair, unless the Chair specifically
directs that an appeal or review will be
decided by the full Board.
c. Except as otherwise provided by
law or duly promulgated regulation (see,
e.g., 29 CFR parts 7 and 8), if the
petitioner(s) and the respondent(s) (or
the appellant(s) and the appellees(s))
consent to disposition by a single
Member, the Chair may determine that
the decision shall be by a single
Member. Upon an affirmative
determination, the Chair of the Board
shall, in his or her discretion, designate
himself, herself, or any other Member of
the Board to decide such an appeal
under Section 8.
d. The Vice-Chair shall preside at
meetings in the absence of the Chair. In
the event of the vacancy of the Chair’s
position, the Vice-Chair shall assume all
of the Chair’s authority and shall act as
Chair.
e. The Vice-Chair shall be responsible
for the operational management of the
Board and its affairs.
7. Terms of the Members
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13074
Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices
a. Members of the Board shall be
appointed for a term of four years or
less. Term of service may be extended,
if deemed necessary by the Secretary, to
promote the efficiency of service, and
will be considered on a case-by-case
basis.
b. Appointment of a Member of the
Board to a term not to exceed a specified
time period shall not affect the authority
of the Secretary to remove any Member
at any time prior to the completion of
the four-year term, consistent with
applicable law.
c. Vacancies in the membership of the
Board shall not impair the authority of
the remaining Member(s) to exercise all
the powers and duties of the Board.
8. Voting. A petition for review may
be granted upon the affirmative vote of
one Member, except where otherwise
provided by law or regulation. A
decision in any matter, including the
issuance of any procedural rules, shall
be by a majority vote, except as
provided in Section 6(c).
9. Location of Board Proceedings. The
Board shall hold its proceedings in
Washington, DC, unless for good cause
the Board orders that proceedings in a
particular matter be held in another
location.
10. Rules of Practice and Procedure.
The Board shall prescribe such rules of
practice and procedure, as it deems
necessary or appropriate, for the
conduct of its proceedings. The rules (1)
which are prescribed as of the date of
this Order in 29 CFR part 7 and part 8
with respect to Sections 5(a) and 5(b),
respectively, of this Order and (2) which
apply as of the date of this Order to
appeals and review described in Section
5(c) of this Order shall, until changed,
govern the respective proceedings of the
Board when it is deciding appeals
described in Section 5 of this Order.
11. Departmental Counsel. The
Solicitor of Labor shall have the
responsibility for representing the
Secretary, the Deputy Secretary, and
other officials of the Department and the
Board in any administrative or judicial
proceedings involving agency decisions
issued pursuant to this Order, including
representing officials of the Department
before the Board. In addition, the
Solicitor of Labor shall have the
responsibility for providing legal advice
to the Secretary, the Deputy Secretary,
and other officials of the Department
with respect to decisions covered by
this Order, as well as the
implementation and administration of
this Order. The Solicitor of Labor may
also provide legal advice and assistance
to the Chair and/or Vice-Chair of the
Board, as appropriate.
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12. Effective Date. This delegation of
authority and assignment of
responsibility is effective immediately.
Dated: February 15, 2019.
R. Alexander Acosta,
Secretary of Labor.
phone: 774–365–6851. This is not a tollfree number.
Bryan Slater,
Assistant Secretary for Administration &
Management.
[FR Doc. 2019–06446 Filed 4–2–19; 8:45 am]
[FR Doc. 2019–06447 Filed 4–2–19; 8:45 am]
BILLING CODE 4510–04–P
BILLING CODE 4510–04–P
DEPARTMENT OF LABOR
NEIGHBORHOOD REINVESTMENT
CORPORATION
Vacancy Posting for a Member of the
Administrative Review Board
Sunshine Act Meetings; Regular Board
of Directors Meeting
Summary of Duties: A Member of the
Administrative Review Board (the
Board) serves in all matters of the Board
as assigned, including policy decisions
and technology proposals. The
incumbent participates in rendering
decisions of the Board. Each decision is
set forth in a written opinion which sets
forth the basis of the decision. The
Member of the Board analyzes and
evaluates the legal and factual aspects of
each case and conducts necessary
research. Research includes
examination of laws, regulations, and
procedures as well as prior Board
decisions on whistleblower,
immigration, child labor, employment
discrimination, federal construction,
and service contract cases made under
other jurisdiction or general statutory or
common law.
Appointment Type: Excepted—The
term of appointment is for four years or
less and may be extended.
Qualifications: The applicant should
be well versed in law and the appeals
process, as well as have the ability to
interpret regulations and to come to a
consensus to determine an overall
appeals determination with Members of
the Board. Applicants must possess a
J.D. and are required to be active
members of the Bar in any US State or
US Territory Court under the U.S.
Constitution.
To Be Considered: Applicants must
provide a detailed resume containing a
demonstrated ability to perform as a
Member of the Board.
Closing Date: Resumes must be
submitted (postmarked, if sending by
mail; submitted electronically; or
received, if hand-delivered) by 11:59
p.m. EDT on May 5, 2019. Resumes
must be submitted to: sylvia.john@
dol.gov or mail to: U.S. Department of
Labor, 200 Constitution Avenue NW,
ATTN: Office of Executive Resources,
Room N2453, Washington, DC 20210,
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2:00 p.m., Tuesday,
April 16, 2019.
PLACE: NeighborWorks America—
Gramlich Boardroom, 999 North Capitol
Street NE, Washington, DC 20002.
STATUS: Open (with the exception of
Executive Session).
MATTERS TO BE CONSIDERED: The General
Counsel of the Corporation has certified
that in his opinion, one or more of the
exemptions set forth in 5 U.S.C.
552(b)(2) and (4) permit closure of the
following portion(s) of this meeting:
• Report from CEO
TIME AND DATE:
Agenda
I. Call to Order
II. Approval of Minutes
III. Executive Session: Report from CEO
IV. Action Item FY2019 Final Budget
V. Action Item Delegation of Authority
VI. Action Item Audio Visual/Computer
Equipment
VII. Management Program Background
and Updates
VIII. Adjournment
CONTACT PERSON FOR MORE INFORMATION:
Rutledge Simmons, EVP & General
Counsel/Secretary, (202) 760–4105;
Rsimmons@nw.org.
Rutledge Simmons,
EVP & General Counsel/Corporate Secretary.
[FR Doc. 2019–06578 Filed 4–1–19; 4:15 pm]
BILLING CODE 7570–02–P
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2017–219; MC2019–110 and
CP2019–119; MC2019–111 and CP2019–120;
MC2019–112 and CP2019–121; MC2019–113
and CP2019–122]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
negotiated service agreements. This
notice informs the public of the filing,
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13072-13074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06447]
=======================================================================
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DEPARTMENT OF LABOR
Secretary's Order 01-2019--Delegation of Authority and Assignment
of Responsibility to the Administrative Review Board
1. Purpose. To delegate authority and assign responsibility to the
Administrative Review Board, define its composition, and describe its
functions.
2. Authorities. This Order is issued under the authority of 5
U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 et seq.
(Establishment of Department; Secretary; Seal); Reorganization Plan No.
6 1950 (5 U.S.C. App. 1 Reorg. Plan 6 1950); and the authorities cited
in Section 5 of this Order.
3. Background. The Secretary of Labor (``Secretary'') has the
authority and responsibility to decide certain appeals from
administrative decisions. The Secretary created the Administrative
Review Board (``Board'' or ``ARB'') in Secretary's Order 02-96, which
delegated authority and assigned responsibilities to the Board.
Secretary's Order 01-2002 delegated this authority and assigned
responsibility to the ARB, defined and expanded its composition,
clarified ARB procedural authorities, and codified the location of the
ARB in the Department's organizational structure. Secretary's Order 01-
2010, then, created and designated a Vice-Chair to maintain and operate
the Board during a Chair's absence or vacancy. Additionally,
Secretary's Order 01-2010 delegated the responsibility for the
operational management of the Board and its affairs to the newly
created Vice-Chair. Secretary's Order 02-2012 provided updates to the
delegation of authority and assignment of responsibilities laid out in
the previous orders. This order will provide updates to the term of
membership.
4. Directives Affected. Secretary's Order 02-2012--Delegation of
Authority and Assignment of Responsibility to the Administrative Review
Board is hereby canceled. Any Secretary's Order or other DOL document
(including policies and guidance) that references Secretary's Order 02-
2012 is deemed to refer to this Order instead. This Order does not
affect the authorities and responsibilities assigned by Secretary's
Order 05-2018--Procedures for Appointment of Individuals to Department
of Labor Appellate Boards.
5. Delegation of Authority and Assignment of Responsibilities. The
Board is hereby delegated authority and assigned responsibility to act
for the Secretary of Labor in review or on appeal of the matters listed
below, including, but not limited to, the issuance of final agency
decisions. The Board shall report to the Secretary of Labor through the
Deputy Secretary of Labor.
a. Final decisions of the Administrator of the Wage and Hour
Division or an authorized representative of the Administrator, and
final decisions of Administrative Law Judges (``ALJs''), under the
following:
1. The Davis-Bacon Act, 40 U.S.C. 3141 et seq.; any laws now
existing or which may be subsequently enacted, providing for prevailing
wages determined by the Secretary of Labor in accordance with or
pursuant to the Davis-Bacon Act; the Contract Work Hours and Safety
Standards Act, 40 U.S.C. 3701 et seq. (except matters pertaining to
safety); the Copeland Act, 40 U.S.C. 3145; Reorganization Plan No. 14
of 1950; and 29 CFR parts 1, 3, 5, 6, subpart C and D.
2. The McNamara-O'Hara Service Contract Act, as amended, 41 U.S.C.
6701 et seq.; the Contract Work Hours and Safety Standards Act, 40
U.S.C. 3701 et seq. (except matters pertaining to safety) where the
contract is also subject to the McNamara-O'Hara Service Contract Act;
and 29 CFR parts 4, 5, 6, subparts B, D, E.
b. Decisions and recommended decisions by ALJs as provided for or
pursuant to the following laws and implementing regulations:
1. Age Discrimination Act of 1975, 42 U.S.C. 6103;
2. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-l; 29
CFR part 31;
3. Civil Service Reform Act of 1978, 5 U.S.C. 7120; 29 CFR part
458, Sec. Sec. 458.70, 458.72, 458.76, 458.81, 458.82, 458.88, 458.90,
459.91, and 458.93;
4. Clean Air Act, 42 U.S.C. 7622; 29 CFR part 24;
5. Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 U.S.C. 9610; 29 CFR part 24;
6. Congressional Accountability Act of 1995, 2 U.S.C. 1351(a)(1);
29 CFR part 458, Sec. Sec. 458.70, 458.72, 458.76, 458.81, 458.82,
458.88, 458.90, 459.91, and 458.93;
7. Consumer Financial Protection Act of 2010, Section 1057 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, 12
U.S.C. 5567, Public Law 111-203;
8. Consumer Product Safety Improvement Act of 2008, 15 U.S.C. 2087;
29 CFR part 1983;
9. Title IX of the Education Amendments of 1972, 20 U.S.C. 1682; 29
CFR part 36;
10. Employee Polygraph Protection Act of 1988, 29 U.S.C. 2005(a);
29 CFR part 801, subpart E;
11. Energy Reorganization Act of 1974, as amended, 42 U.S.C. 5851;
29 CFR part 24;
12. Equal Access to Justice Act, 5 U.S.C. 504; 29 CFR part 16;
13. Executive Order No. 11246, as amended, 3 CFR 339 (1964-1965
Comp.); reprinted in 42 U.S.C. 2000e app.; 41 CFR parts 60-1 and 60-30;
14. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 203(m);
29 CFR part 531, Sec. Sec. 531.4, 531.5;
15. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 211(d);
29 CFR part 530, subpart E;
16. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 214(c)
29 CFR part 525, Sec. 525.22;
17. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 216(e);
29 CFR part 580;
18. Fair Labor Standards Act of 1938, as amended by the Affordable
Care Act, 29 U.S.C. 218C, Public Law 111-148, 1558;
19. Federal Railroad Safety Act, 49 U.S.C. 20109; 29 CFR part 1982;
20. Federal Unemployment Tax Act, 26 U.S.C. 3303(b)(3), 3304(c);
21. Federal Unemployment Tax Act (addressing agreements under the
Trade Act of 1974, as amended), 26 U.S.C. 3302(c)(3); 20 CFR part 617;
22. Federal Water Pollution Control Act, 33 U.S.C. 1367; 29 CFR
part 24;
23. Foreign Service Act of 1980, 22 U.S.C. 4117; 29 CFR part 458,
Sec. Sec. 458.70, 458.72, 458.76, 458.81, 458.82, 458.88, 458.90,
459.91, 458.92, and 458.93;
24. Immigration and Nationality Act as amended, 8 U.S.C. 1182(m);
20 CFR part 655, subpart E;
25. Immigration and Nationality Act as amended, 8 U.S.C. 1182(m);
20 CFR part 655, subpart M;
26. Immigration and Nationality Act, as amended, 8 U.S.C. 1182(n);
20 CFR part 655, subpart I;
[[Page 13073]]
27. Immigration and Nationality Act, as amended, 8 U.S.C.
1184(c)(14), 20 CFR part 655, subpart A, 29 CFR part 503, subpart C;
28. Immigration and Nationality Act, as amended, 8 U.S.C.
1188(b)(2), 20 CFR part 655, subpart A, 29 CFR part 503, subpart C;
29. Immigration and Nationality Act, as amended, 8 U.S.C. 1288(c)
and (d); 20 CFR part 655, subpart G;
30. Immigration and Nationality Act, as amended, 8 U.S.C.
1188(g)(2); 29 CFR part 501, subpart C;
31. Labor-Management Reporting and Disclosure Act of 1959, 29
U.S.C. 481(h); 29 CFR part 417, sections 417.6, 417.7, 417.9(c),
417.13, 417.14, and 417.15;
32. Longshore and Harbor Workers' Compensation Act, 33 U.S.C.
907(j)(2); 20 CFR part 702;
33. Migrant and Seasonal Agricultural Worker Protection Act, 29
U.S.C. 1813, 1853; 29 CFR part 500, subpart F;
34. Motor Vehicle and Highway Safety Improvement Act of 2012,
Section 31307 of the Moving Ahead for Progress in the 21st Century Act,
49 U.S.C. 30171;
35. National Apprenticeship Act, 29 U.S.C. 50; 29 CFR parts 29 and
30;
36. National Transit Systems Security Act of 2007, 6 U.S.C. 1142;
29 CFR part 1982;
37. Notification of Employee Rights Under Federal Labor Laws, 29
CFR part 471;
38. Older Americans Senior Community Service Employment Program, 42
U.S.C. 3056, 20 CFR 641.900;
39. Part B of the Black Lung Benefits Act, 30 U.S.C. 921--924;
Section 3(d)(3) of the Black Lung Consolidation of Administrative
Responsibility Act (2002); 20 CFR part 410 (2011);
40. Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60129; 29
CFR part 1981;
41. Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3803; 29
CFR part 22;
42. Robert T. Stafford Disaster Relief and Emergency Assistance
Act, 42 U.S.C. 5177(a) and 5189a; 20 CFR part 625;
43. Section 423(d)(1) of the Black Lung Benefits Act, 30 U.S.C.
933(d)(1); 20 CFR part 726;
44. Section 428 of the Black Lung Benefits Act, 30 U.S.C. 938;
45. Seaman's Protection Act, 46 U.S.C. 2114;
46. Section 402 of the FDA Food Safety Modernization Act, Public
Law 111-353, 21 U.S.C. 399d;
47. Section 503 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 793; 41 CFR part 60-741, subpart B;
48. Section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794; 29 CFR part 32;
49. Safe Drinking Water Act, 42 U.S.C. 300j-9(i); 29 CFR part 24;
50. Sarbanes-Oxley Act of 2002, 18 U.S.C. 1514A, as amended by
Sections 922 and 929A of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010, Public Law 111-203, 29 CFR part 1980;
51. Single Audit Act of 1984, as amended, 31 U.S.C. 7501 et seq.;
OMB Circular No. A-133, as amended; 29 CFR part 96;
52. Social Security Act, 42 U.S.C. 503; 20 CFR parts 601 and 602;
53. Solid Waste Disposal Act, 42 U.S.C. 6971; 29 CFR part 24;
54. Surface Transportation Assistance Act, 49 U.S.C. 31105; 29 CFR
part 1978;
55. Toxic Substances Control Act, 15 U.S.C. 2622; 29 CFR part 24;
56. Trade Act of 1974, as amended, 19 U.S.C. 2101-2321; 20 CFR part
617;
57. Unemployment Compensation for Federal Civilian Employees
Program, 5 U.S.C. 8501-8508; 20 CFR part 609;
58. Unemployment Compensation for Ex-Service Members Program, 5
U.S.C. 8521-8525; 20 CFR part 614;
59. Vietnam Era Veterans Readjustment Assistance Act, as amended,
38 U.S.C. 4211, 4212; 41 CFR part 60-250, subpart B, and Part 60-300,
subpart B;
60. Wagner-Peyser Act, as amended, 29 U.S.C. 49; 20 CFR part 658;
61. Walsh-Healey Public Contracts Act, as amended, 41 U.S.C. 38; 41
CFR part 50-203;
62. Welfare to Work Act, 20 CFR 645.800(c);
63. Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, 49 U.S.C. 42121; 29 CFR part 1979;
64. Workforce Investment Act of 1998, as amended, 29 U.S.C. 2936;
20 CFR 667.830;
65. Workforce Innovation and Opportunity Act, 29 U.S.C Sec. 3246;
20 CFR 683.830;
66. Workforce Investment Act of 1998, as amended, 29 U.S.C. 2938;
29 CFR part 37 (see 37.110-112);
67. Workforce Innovation and Opportunity Act, 29 U.S.C. 3248; 29
CFR part 38 (see 38.112); and
68. Any laws or regulation subsequently enacted or promulgated that
provide for final decisions by the Secretary of Labor upon appeal or
review of decisions, or recommended decisions, issued by ALJs, and any
Federal law that extends or supplements unemployment compensation and
provides for final decisions by the Secretary of Labor.
The Board shall not have jurisdiction to pass on the validity of
any portion of the Code of Federal Regulations that has been duly
promulgated by the Department of Labor and shall observe the provisions
thereof, where pertinent, in its decisions. The Board also shall not
have jurisdiction to review decisions to deny or grant exemptions,
variations, and tolerances and does not have the authority
independently to take such actions. In issuing its decisions, the Board
shall adhere to the rules of decision and precedent applicable under
each of the laws enumerated in Sections 5(a), 5(b), and 5(c) of this
Order, until and unless the Board or other authority explicitly
reverses such rules of decision or precedent. The Board's authority
includes the discretionary authority to review interlocutory rulings in
exceptional circumstances, provided such review is not prohibited by
statute.
6. Composition and Panel Configuration
a. The Board shall consist of a maximum of five Members, one of
whom the Secretary shall designate as Chair, and a second of whom the
Secretary shall designate as Vice-Chair. The Members of the Board shall
be appointed by the Secretary of Labor, and shall be selected upon the
basis of their qualifications and competence in matters within the
authority of the Board.
b. Except as provided in Section 6(c), the Board shall sit, hear
cases, render decisions, and perform all other related functions in
panels of two or three Members, as may be assigned by the Chair, unless
the Chair specifically directs that an appeal or review will be decided
by the full Board.
c. Except as otherwise provided by law or duly promulgated
regulation (see, e.g., 29 CFR parts 7 and 8), if the petitioner(s) and
the respondent(s) (or the appellant(s) and the appellees(s)) consent to
disposition by a single Member, the Chair may determine that the
decision shall be by a single Member. Upon an affirmative
determination, the Chair of the Board shall, in his or her discretion,
designate himself, herself, or any other Member of the Board to decide
such an appeal under Section 8.
d. The Vice-Chair shall preside at meetings in the absence of the
Chair. In the event of the vacancy of the Chair's position, the Vice-
Chair shall assume all of the Chair's authority and shall act as Chair.
e. The Vice-Chair shall be responsible for the operational
management of the Board and its affairs.
7. Terms of the Members
[[Page 13074]]
a. Members of the Board shall be appointed for a term of four years
or less. Term of service may be extended, if deemed necessary by the
Secretary, to promote the efficiency of service, and will be considered
on a case-by-case basis.
b. Appointment of a Member of the Board to a term not to exceed a
specified time period shall not affect the authority of the Secretary
to remove any Member at any time prior to the completion of the four-
year term, consistent with applicable law.
c. Vacancies in the membership of the Board shall not impair the
authority of the remaining Member(s) to exercise all the powers and
duties of the Board.
8. Voting. A petition for review may be granted upon the
affirmative vote of one Member, except where otherwise provided by law
or regulation. A decision in any matter, including the issuance of any
procedural rules, shall be by a majority vote, except as provided in
Section 6(c).
9. Location of Board Proceedings. The Board shall hold its
proceedings in Washington, DC, unless for good cause the Board orders
that proceedings in a particular matter be held in another location.
10. Rules of Practice and Procedure. The Board shall prescribe such
rules of practice and procedure, as it deems necessary or appropriate,
for the conduct of its proceedings. The rules (1) which are prescribed
as of the date of this Order in 29 CFR part 7 and part 8 with respect
to Sections 5(a) and 5(b), respectively, of this Order and (2) which
apply as of the date of this Order to appeals and review described in
Section 5(c) of this Order shall, until changed, govern the respective
proceedings of the Board when it is deciding appeals described in
Section 5 of this Order.
11. Departmental Counsel. The Solicitor of Labor shall have the
responsibility for representing the Secretary, the Deputy Secretary,
and other officials of the Department and the Board in any
administrative or judicial proceedings involving agency decisions
issued pursuant to this Order, including representing officials of the
Department before the Board. In addition, the Solicitor of Labor shall
have the responsibility for providing legal advice to the Secretary,
the Deputy Secretary, and other officials of the Department with
respect to decisions covered by this Order, as well as the
implementation and administration of this Order. The Solicitor of Labor
may also provide legal advice and assistance to the Chair and/or Vice-
Chair of the Board, as appropriate.
12. Effective Date. This delegation of authority and assignment of
responsibility is effective immediately.
Dated: February 15, 2019.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2019-06447 Filed 4-2-19; 8:45 am]
BILLING CODE 4510-04-P
