Secretary's Order 03-2020-Establishment of the Management Review Board, 13185-13186 [2020-04028]
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Notices
investigation No. 731–TA–1471
(Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register of January 23, 2020 (85
FR 3945). The conference was held in
Washington, DC, on February 5, 2020,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to sections
703(a) and 733(a) of the Act (19 U.S.C.
1671b(a) and 1673b(a)). It completed
and filed its determinations in these
investigations on March 2, 2020. The
views of the Commission are contained
in USITC Publication 5034 (March
2020), entitled Vertical Shaft Engines
from China: Investigation Nos. 701–TA–
637 and 731–TA–1471 (Preliminary).
By order of the Commission.
Issued: March 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–04592 Filed 3–5–20; 8:45 am]
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DEPARTMENT OF LABOR
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Secretary’s Order 02–2020—
Procedures for Appointment of
Individuals to Department of Labor
Appellate Boards
1. Purpose. To cancel Secretary’s
Order 05–2018, which has created
inefficiencies in the process by which
individuals are appointed to the
Department of Labor’s appellate boards.
2. Authorities. This Order is issued
under the authority of 5 U.S.C. 301
(Departmental Regulations) and 29
U.S.C. 551 et seq. (Establishment of
Department; Secretary; Seal).
3. Background. The Secretary of Labor
has the authority and responsibility to
appoint the members of the
Department’s three appellate boards: the
Administrative Review Board (ARB), the
Benefits Review Board (BRB), and the
Employees’ Compensation Appeals
Board (ECAB). In Secretary’s Order 05–
2018, the Secretary created a formal,
multi-step process by which these
appointments are made. Because this
process has caused unnecessary
inefficiencies in the appointment of
individuals to the Department’s
appellate boards, the Secretary has
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18:31 Mar 05, 2020
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decided to rescind Secretary’s Order 05–
2018.
4. Directives Affected. Secretary’s
Order 05–2018 is hereby cancelled,
effective immediately
Dated: February 21, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020–04020 Filed 3–5–20; 8:45 am]
BILLING CODE 4510–04–P
DEPARTMENT OF LABOR
Secretary’s Order 03–2020—
Establishment of the Management
Review Board
1. Purpose. This Order establishes the
Management Review Board (MRB),
which shall serve as a forum for
systematically furthering the Secretary’s
management objectives for the
Department of Labor (DOL).
2. Authority and Directives Affected.
This order supersedes and cancels
Secretary’s Order 05–2001.
3. Background. The MRB will serve as
the principal forum for coordination,
executive oversight, and integration of
agency management processes, offering
an essential Departmental perspective in
assessing a variety of Agency
administrative areas.
4. Composition.
A. Chairperson. The MRB shall be cochaired by the Assistant Secretary for
Administration and Management and
the Chief Financial Officer (the CoChairs).
B. Membership. The membership of
the MRB will consist of DOL Agency
Heads or their designees. Designees will
be at the Deputy Assistant Secretary
level or the Agency’s Administrative
Officer.
C. Non-Member Subject Matter
Experts. The following career executives
will provide information and guidance
to the MRB.
1. The Chief Information Officer
2. The Chief Human Capital Officer
3. The Senior Procurement Executive
4. The Chief Data Officer
5. The Chief Evaluation Officer
6. The Director of the Departmental
Budget Center
7. The Director of the Performance
Management Center
D. Logistics.
1. The MRB will meet monthly.
2. All meetings will be convened by
the Co-Chairs with sufficient advanced
notice as to promote member
participation.
3. The Office of the Assistant
Secretary for Administration and
Management’s Performance
Management Center will provide
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13185
logistical support including meeting
materials and space.
4. The Executive Secretary is
delegated authority and assigned
responsibility for recording official
decisions and assignments made at MRB
proceedings and will participate in
follow-up activities, as required.
5. Delegation of Authority and
Assignment of Responsibility.
A. The Management Review Board is
delegated authority and assigned
responsibility for defining and
addressing DOL management initiatives
and major cross-cutting management
issues; for providing a forum for
eliciting the views and perspectives of
affected DOL agencies and offices; and
for ascertaining a coordinated
Departmental perspective and
recommended course(s) of action, as
appropriate, in the following areas:
1. Evidence-building, including
evaluation, performance management,
and using data as a strategic asset;
2. information technology;
3. financial management, including
enterprise risk management;
4. human resources;
5. acquisition management; and
6. security and safety.
B. The Solicitor of Labor is delegated
authority and assigned responsibility for
providing legal advice and counsel to
the Secretary and Deputy Secretary, the
MRB, and other DOL agencies on all
matters arising in the administration of
this Order.
C. Agency Heads are responsible for:
1. Providing to the MRB the
perspective of their respective agencies
on matters before the MRB; and
2. consulting with the MRB on
policies and activities which relate to
the purposes or responsibilities of the
MRB.
6. Independent Contributing
Committees. The following committees
are independent of the MRB, but may be
called on to regularly provide updates:
A. Enterprise Shared Services
Governance Board. This board governs
Shared Services activities across DOL.
B. Security Advisory Board. This
board provides organizational advice
and recommendations to the Secretary
regarding the security and safety of
occupants of and visitors to DOL
facilities.
C. Enterprise Risk Management
Council. This council serves as the
oversight body for the development of
coordinated Department-wide positions
on risk, risk management, risk
mitigation, and execution in
conformance with any guidance on risk
governance issued by the Congress or
the Office of Management and Budget.
D. Strategic Review Council. This
council conducts the annual review of
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Notices
the Strategic Plan and of program
portfolios to document the Department’s
progress in meeting its strategic
objectives.
7. 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
affecting DOL is reserved to the
Secretary.
B. This Secretary’s Order does not
affect the authorities or responsibilities
of the Office of Inspector General under
the Inspector General Act of 1978, as
amended, or under Secretary’s Order
04–2006 (February 21, 2006).
C. Except as provided above in
Section 2, all other Secretary’s Orders
remain in full force and effect.
8. Effective Date. This Order is
effective immediately.
Dated: February 21, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020–04028 Filed 3–5–20; 8:45 am]
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DEPARTMENT OF LABOR
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Secretary’s Order 01–2020—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
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18:31 Mar 05, 2020
Jkt 250001
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. Secretary’s Order 01–2019
extended the term of membership of
Board members from two years to four
years. This Order allows for
discretionary review by the Secretary of
Board decisions.
4. Directives Affected. Secretary’s
Order 01–2019—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 01–2019 is deemed to refer to this
Order instead.
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. This
authority includes, but is not limited to,
the issuance of final agency decisions,
as provided for in Section 6 of this
Order, except in those cases reviewed
by the Secretary in accordance with that
Section. The Board shall report to the
Secretary through the Deputy Secretary
of Labor and shall immediately transmit
its decisions to the Deputy Secretary
once they are issued.
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.
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Fmt 4703
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3. Executive Order No. 13658, as
implemented, 29 CFR 10.51 et seq.
4. Executive Order No. 13706, as
implemented, 29 CFR 13.51 et seq.
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, 458.91, 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, §§ 458.70, 458.72, 458.76, 458.81,
458.82, 458.88, 458.90, 458.91, 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 part 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,
section 1558;
19. Federal Railroad Safety Act, 49
U.S.C. 20109; 29 CFR part 1982;
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[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13185-13186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04028]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Secretary's Order 03-2020--Establishment of the Management Review
Board
1. Purpose. This Order establishes the Management Review Board
(MRB), which shall serve as a forum for systematically furthering the
Secretary's management objectives for the Department of Labor (DOL).
2. Authority and Directives Affected. This order supersedes and
cancels Secretary's Order 05-2001.
3. Background. The MRB will serve as the principal forum for
coordination, executive oversight, and integration of agency management
processes, offering an essential Departmental perspective in assessing
a variety of Agency administrative areas.
4. Composition.
A. Chairperson. The MRB shall be co-chaired by the Assistant
Secretary for Administration and Management and the Chief Financial
Officer (the Co-Chairs).
B. Membership. The membership of the MRB will consist of DOL Agency
Heads or their designees. Designees will be at the Deputy Assistant
Secretary level or the Agency's Administrative Officer.
C. Non-Member Subject Matter Experts. The following career
executives will provide information and guidance to the MRB.
1. The Chief Information Officer
2. The Chief Human Capital Officer
3. The Senior Procurement Executive
4. The Chief Data Officer
5. The Chief Evaluation Officer
6. The Director of the Departmental Budget Center
7. The Director of the Performance Management Center
D. Logistics.
1. The MRB will meet monthly.
2. All meetings will be convened by the Co-Chairs with sufficient
advanced notice as to promote member participation.
3. The Office of the Assistant Secretary for Administration and
Management's Performance Management Center will provide logistical
support including meeting materials and space.
4. The Executive Secretary is delegated authority and assigned
responsibility for recording official decisions and assignments made at
MRB proceedings and will participate in follow-up activities, as
required.
5. Delegation of Authority and Assignment of Responsibility.
A. The Management Review Board is delegated authority and assigned
responsibility for defining and addressing DOL management initiatives
and major cross-cutting management issues; for providing a forum for
eliciting the views and perspectives of affected DOL agencies and
offices; and for ascertaining a coordinated Departmental perspective
and recommended course(s) of action, as appropriate, in the following
areas:
1. Evidence-building, including evaluation, performance management,
and using data as a strategic asset;
2. information technology;
3. financial management, including enterprise risk management;
4. human resources;
5. acquisition management; and
6. security and safety.
B. The Solicitor of Labor is delegated authority and assigned
responsibility for providing legal advice and counsel to the Secretary
and Deputy Secretary, the MRB, and other DOL agencies on all matters
arising in the administration of this Order.
C. Agency Heads are responsible for:
1. Providing to the MRB the perspective of their respective
agencies on matters before the MRB; and
2. consulting with the MRB on policies and activities which relate
to the purposes or responsibilities of the MRB.
6. Independent Contributing Committees. The following committees
are independent of the MRB, but may be called on to regularly provide
updates:
A. Enterprise Shared Services Governance Board. This board governs
Shared Services activities across DOL.
B. Security Advisory Board. This board provides organizational
advice and recommendations to the Secretary regarding the security and
safety of occupants of and visitors to DOL facilities.
C. Enterprise Risk Management Council. This council serves as the
oversight body for the development of coordinated Department-wide
positions on risk, risk management, risk mitigation, and execution in
conformance with any guidance on risk governance issued by the Congress
or the Office of Management and Budget.
D. Strategic Review Council. This council conducts the annual
review of
[[Page 13186]]
the Strategic Plan and of program portfolios to document the
Department's progress in meeting its strategic objectives.
7. 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 affecting DOL is reserved to the
Secretary.
B. This Secretary's Order does not affect the authorities or
responsibilities of the Office of Inspector General under the Inspector
General Act of 1978, as amended, or under Secretary's Order 04-2006
(February 21, 2006).
C. Except as provided above in Section 2, all other Secretary's
Orders remain in full force and effect.
8. Effective Date. This Order is effective immediately.
Dated: February 21, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020-04028 Filed 3-5-20; 8:45 am]
BILLING CODE 4510-04-P