Rules Concerning Discretionary Review by the Secretary, 30608-30627 [2020-10909]

Download as PDF 30608 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations I. Environmental Considerations The Commission’s regulations provide a categorical exclusion for the Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement where they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. J. Preemption Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a consumer product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a requirement dealing with the same risk of injury unless the state requirement is identical to the federal standard. Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to the CPSC for an exemption from this preemption under certain circumstances. Section 104(b) of the CPSIA deems rules issued under that provision ‘‘consumer product safety rules.’’ Therefore, once a rule issued under section 104 of the CPSIA takes effect, it will preempt in accordance with section 26(a) of the CPSA. K. Effective Date Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, when a voluntary standard organization revises a standard that the Commission adopted as a mandatory standard, the revision becomes the CPSC standard within 180 days of notification to the Commission, unless the Commission determines that the revision does not improve the safety of the product, or the Commission sets a later date in the Federal Register. The Commission has not set a different effective date. Thus, in accordance with this provision, this rule takes effect 180 days after we received notification from ASTM of revision to this standard. As discussed in the preceding section, this is a direct final rule. Unless we receive a significant adverse comment within 30 days, the rule will become effective on August 3, 2020. L. The Congressional Review Act The Congressional Review Act (CRA; 5 U.S.C. 801–808) states that, before a rule may take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801(a)(1). The VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs (OIRA) determines whether a rule qualifies as a ‘‘major rule.’’ Pursuant to the CRA, this rule does not qualify as a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, the Office of the General Counsel will submit the required information to each House of Congress and the Comptroller General. DEPARTMENT OF LABOR List of Subjects in 16 CFR Part 1225 Office of Labor-Management Standards Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety, Toys. For the reasons stated above, the Commission amends 16 CFR chapter II as follows: PART 1225—SAFETY STANDARD FOR HAND-HELD INFANT CARRIERS 1. Revise the authority citation for part 1225 to read as follows: ■ ■ Employment and Training Administration 20 CFR Parts 641, 655, 656, 658, 667, 683, and 702 Office of the Secretary 29 CFR Parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and 96 29 CFR Part 471 Wage and Hour Division 29 CFR Parts 501 and 580 Occupational Safety and Health Administration 29 CFR Parts 1978 through 1988 Authority: 15 U.S.C. 2056a(b)(4)(B). Office of Federal Contract Compliance Programs 2. Revise § 1225.2 to read as follows: 41 CFR Parts 50–203 and 60–30 § 1225.2 Requirements for hand-held infant carriers. RIN 1290–AA39 Each hand-held infant carrier must comply with all applicable provisions of ASTM F2050–19, Standard Consumer Safety Specification for Hand-Held Infant Carriers, approved on December 15, 2019. The Director of the Federal Register approves the incorporation by reference listed in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of this ASTM standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; phone: 610–832– 9585; www.astm.org. A read-only copy of the standard is available for viewing on the ASTM website at https:// www.astm.org/READINGLIBRARY/. You may inspect a copy at the Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814, telephone 301–504–7479, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to: www.archives.gov/ federal-register/cfr/ibr-locations.html. Rules Concerning Discretionary Review by the Secretary Alberta E. Mills, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2020–09166 Filed 5–19–20; 8:45 am] BILLING CODE 6355–01–P PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Office of the Secretary Final rule. AGENCY: ACTION: The Department of Labor is issuing this final rule to establish a system of discretionary secretarial review over cases pending before or decided by the Board of Alien Labor Certification Appeals and to make technical changes to Departmental regulations governing the timing and finality of decisions of the Administrative Review Board and the Board of Alien Labor Certification Appeals to ensure consistency with the new discretionary review processes established in this rule and in Secretary’s Order 01–2020. DATES: This final rule is effective June 19, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the Appellate Boards, at 202–693–6319 or Shepherd.Thomas@dol.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background Two of the four review boards within the Department of Labor were created by voluntary delegations of authority by previous Secretaries of Labor. Specifically, the Administrative Review E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations Board (ARB)—which has authority to hear appeals from the decisions of the Department’s Office of Administrative Law Judges (OALJ) about certain immigration, child labor, employment discrimination, federal construction/ service contracts, and other issues—and the Board of Alien Labor Certification Appeals (BALCA)—which has authority over appeals from the decisions of the Employment and Training Administration’s adjudication of foreign labor certification applications—were created, respectively, by a Secretary’s Order and by regulation. Their existence is neither compelled nor governed by statute. Notably, before the ARB was created in 1996, many of the types of cases now subject to its jurisdiction were decided directly by the Secretary. Each board was also entrusted with the power to issue final agency decisions in the name of the Secretary. Previously, the Secretary’s Order and regulations establishing the ARB and BALCA provide no mechanism by which the Secretary can review, where necessary, the decisions of the officers who exercise power on his behalf. To ensure that the Secretary has the ability to properly supervise and direct the actions of the Department, the Department is establishing systems of discretionary secretarial review over the decisions of the ARB and decisions of and appeals before BALCA, which is being accomplished through this rule and the earlier issuance of a Secretary’s Order governing the ARB. The Department’s authority to effect these reforms derives from 5 U.S.C. 301, which authorizes the heads of agencies to regulate the internal operations of their departments; 5 U.S.C. 305, which provides for continuing review of agency operations; and the Secretary’s authority to administer the statutes and programs at issue in ARB and BALCA proceedings. In combination, these statutes establish many of the powers of the Department within the Office of the Secretary, and give the Secretary wide latitude to delegate those powers to his subordinates on the terms he deems appropriate. Thus, the Secretary has the power to delegate his authority to appropriately supervise the adjudicatory process within the Department, and is now exercising that same authority to assert his decision-making prerogatives duly assigned to him by Congress by modifying the terms on which the members of the ARB and BALCA exercise his delegated authority. The reforms to BALCA (and conforming edits to various Departmental regulations governing the ARB, BALCA, and the OALJ) preserve the existing structures by which the VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 Department processes adjudications while giving the Secretary the option, in his sole discretion, to initiate review directly in a case where the Secretary’s involvement is necessary and appropriate. Again, Congress has assigned the administration of various statutes to the Secretary of Labor, meaning that the Secretary is obligated to ensure that those laws are administered, executed, interpreted, and enforced according to law and Executive Branch priorities and policies. Under these reforms, the Secretary will rely on the ARB and BALCA to assist in identifying cases where secretarial review may be warranted. Consistent with the practice of other agencies, the Department does not anticipate that the power of secretarial review will be used often. The Department similarly anticipates that secretarial review— while completely within the Secretary’s discretion as the officer assigned to administer the laws in the first place— will typically be reserved for matters of significant importance. With respect to the provisions revised by this rule under which decisions of the ARB become final, the Department notes that such decisions become final irrespective of whether a petition for secretarial review is filed under Secretary’s Order 01– 2020. Parties are not required by Secretary’s Order 01–2020 to file petitions to exhaust their administrative remedies. See Darby v. Cisneros, 509 U.S. 137 (1993). Finally, the Department will ensure that the secretarial review process will be accomplished in a manner that complies with any applicable legal requirements. Because of significant differences between how the ARB and BALCA operate, the systems of review for each board are designed somewhat differently. Most importantly, whereas with respect to the ARB the Secretary will not exercise review over cases until after a decision has been rendered, the regulations modifying BALCA’s authority allow the Secretary to assume jurisdiction over most cases even before a decision has been issued. This is because BALCA processes significantly more cases each year than does the ARB, and, due to the nature of the temporary visa programs and DOL’s role in administering these programs, does so much more quickly than does the ARB. As a result, under the BALCA regulations, the Secretary will be able to initiate review of a case even before BALCA has issued a decision. The Department appreciates the expeditious nature of many types of BALCA proceedings, such as those involving temporary labor certification, and does not anticipate that the new PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 30609 system of secretarial review established over such cases will significantly disrupt or otherwise impede the way such cases are currently processed. As noted above, the Department expects that secretarial review over BALCA decisions will, as with agency head review at other departments, likely not be exercised often. Further, the changes to 29 CFR 18.95 provide that a BALCA decision is the Secretary’s final administrative decision unless the Secretary assumes jurisdiction over the case. For example, once the BALCA issues a decision that affirms the Certifying Officer’s decision or reverses and remands for further processing, the parties in the case will be able to proceed immediately to the next step of the application process, and will only be delayed in doing so if the Secretary later decides to undertake review. Moreover, the revised 29 CFR 18.95 limits any potential uncertainty that may exist because of the possibility of secretarial review by placing strict time limits on when the Secretary will have the option of assuming jurisdiction over a case. II. Discussion of Changes This final rule revises several sections of the Code of Federal Regulations including 20 CFR parts 641, 655, 656, 658, 667, 683, and 702; 29 CFR parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and 96; 29 CFR parts 417 and 471; 29 CFR parts 501 and 580; 29 CFR parts 1978–1988; and 41 CFR parts 50–203 and 60–30 to harmonize the manner in which the ARB issues decisions on behalf of the Secretary under the Department’s regulations with the scope of the final decision-making authority delegated to the ARB by the Secretary in Secretary’s Order 01–2020. Specifically, references to final decisions of the ARB have been modified or removed to ensure that no regulation contradicts the terms on which an ARB decision becomes final under the Secretary’s Order. Certain provisions governing the timing of petitions for review to the ARB and when the ARB is required to issue decisions have also been amended to eliminate potential ambiguity or confusion over the distinction between when the ARB is required to issue a decision and when such decision becomes the final action of the Department pursuant to the Secretary’s Order. This rule also revises 29 CFR part 18 by modifying the conditions under which a decision of BALCA becomes the final decision of the Department and by creating a process by which the Secretary of Labor can exercise discretionary review over cases pending E:\FR\FM\20MYR1.SGM 20MYR1 30610 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations before or decided by the BALCA. Technical amendments are also made to 20 CFR parts 655 and 656 to harmonize the manner in which BALCA issues decisions on behalf of the Secretary with the new system of discretionary review established in 29 CFR part 18. The Department of Labor and the Department of Homeland Security (DHS) have determined that it is appropriate to issue a separate rule regarding the Secretary of Labor’s review authority over H–2B cases under 29 CFR 18.95 to address the same issues addressed by this rule in the H–2B context. It is the Departments’ intent to promulgate this separate rule after the publication of this rule. This determination follows conflicting court decisions concerning DOL’s authority to issue legislative rules on its own to carry out its duties in the H–2B program. Although DOL and DHS each have authority to issue rules implementing their respective duties in the H–2B program, including rules providing for secretarial review, the Departments plan to make the amendments to the applicable regulations jointly to ensure that there can be no question about the authority underlying such technical amendments. This approach is consistent with the joint rulemaking governing the Temporary Non-Agricultural Employment of H–2B Aliens in the United States, 80 FR 24042 (Apr. 29, 2015) (codified at 8 CFR part 214, 20 CFR part 655, and 29 CFR part 503). In order to ensure that all parties appearing before the ARB and BALCA have fair notice of the new systems of discretionary review established in this rulemaking and in Secretary’s Order 01– 2020, the Secretary will not exercise his review authority over any decision of either Board issued before the passage of 30 calendar days from the date on which this rule becomes effective. III. Response to Comments On March 6, 2020, the Department simultaneously published a direct final rule (DFR) and a notice of proposed rulemaking (NPRM) to effect the reforms described above. The Department treated comments received on the companion NPRM as comments also regarding the DFR, and vice versa. We describe the NPRM and DFR together as the ‘‘NPRM–DFR.’’ Some comments raised concerns while others expressed support for the Department’s NPRM– DFR. After carefully considering the comments received, the Department determined that none of the comments required refraining to make the revisions set forth in the NPRM–DFR, as explained in more detail below, and has VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 decided to issue this final rule, which, with the exception of one substantive change described below and some technical corrections,1 is identical to the NPRM–DFR. By its terms, the DFR became effective on April 20, 2020. However, because the Department received significant adverse comments on the NPRM–DFR, the Department has not exercised, and does not intend to exercise any authority under the provisions contained in the DFR, and the Department has not published in the Federal Register a document confirming the effective date of the DFR and withdrawing the NPRM. Rather, the Department is now issuing this final rule to respond to the comments received and to finalize the NPRM. The Department received multiple adverse comments to the NPRM–DFR. The commenters expressed concerns that the new systems of discretionary review in the NPRM–DFR and established in Secretary’s Order 01– 2020 would result in significant delays in the resolution of cases. Further, some commenters argued that secretarial review would result in inconsistencies in how the Department decides cases, and also faulted the NPRM–DFR for not specifying the standards under which the Secretary would exercise review, which some commenters suggested would jeopardize the fairness and due process afforded parties in Department adjudications. Other concerns raised by commenters included a purported lack of data or other justifications for the proposed system of discretionary review and objections to the propriety of the direct final rulemaking process. Finally, some commenters suggested that the rule should include more public reporting requirements to increase transparency with respect to how the Secretary exercises his review authority. The Department believes that many of the objections raised by the commenters are already addressed by the provisions in the NPRM–DFR, and also notes that some of the concerns are about the contents of Secretary’s Order 01–2020, which became effective on February 21, 2020, and was not the subject of this rulemaking. To the extent the commenters’ concerns relate to Secretary’s Order 01–2020, and not the rule, the Department addresses them here insofar as doing so is helpful in more fully explaining how the new systems of discretionary review work. As explained earlier in this preamble, the Department does not anticipate that 1 Technical corrections have been made to 29 CFR 2.8; 29 CFR 7.1(d); 29 CFR 8.1(c); 29 CFR 10.57(c); 29 CFR 13.57(c); and 29 CFR parts 1978–1988. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 discretionary review will be frequently exercised. The vast run of cases decided by the Department will therefore be minimally affected in the rate at which they are processed. Importantly, the timeline set for when BALCA decisions become final under the new rule is unchanged, except with respect to cases over which the Secretary decides to exercise review. Some commenters argued that, despite BALCA decisions becoming final upon issuance, employers would still be delayed in moving on to the next step of the visa application process because they would have to wait until the time period for secretarial review elapsed, and that the time periods in which the Secretary is permitted to undertake review are unnecessarily long. Commenters were specifically concerned with the timing available for the Secretary to invoke jurisdiction over a case and the lack of a deadline for the Secretary to make a decision, particularly regarding the H–2A program given the time-sensitive nature of the program. One commenter also suggested that the proposal is inconsistent with Section 218(e) of the INA. The Department does not agree with these assertions. For one thing, the possibility that the Secretary may undertake review of a BALCA decision that has become final no more impedes an employer’s ability to proceed to the next step in the visa application process than does the possibility that BALCA may consider, and possibly grant, a motion for reconsideration. Like the possibility of reconsideration, secretarial review will be uncommon and will not significantly delay action on a final BALCA decision. The time periods specified in this rule in which secretarial review is allowed are included to limit further the already minimal uncertainty that the chance of secretarial review might create for employers by placing a strict time constraint on when secretarial review is even possible. Finally, the Secretary’s authority to review BALCA decisions does not conflict with the INA. If an employer requests a de novo hearing, they are entitled to that hearing in accordance with the Department’s regulations. It is only after that hearing that the Secretary can exercise their authority to review the ALJ’s decision from that hearing. In response to one commenter’s question of whether the Department will refund a filing fee paid to United States Citizenship and Immigration Services (USCIS) in the event the Secretary undertakes review after the fee has been submitted, the Department notes that E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations USCIS’s refund policy is outside the Department’s control. The Department notes, however, that this final rule reduces the limited risk of costs being incurred without a refund by allowing the Secretary to undertake review of cases pending before the BALCA before a decision is issued. That feature of the rule is formulated in recognition of the expeditious nature of many BALCA cases and ensures that, wherever possible, the Secretary may review a case before a party has filed a petition with USCIS. As to the ARB, the Department notes that the ARB currently takes on average nineteen months to process a case; the up-to approximately two months’ more 2 added by Secretary’s Order 01–2020 to allow the Secretary time to determine whether to undertake review is not unreasonable. A modest extension of case processing times to give the Secretary the opportunity to ensure a case was properly decided is not, in the Department’s judgment, inconsistent with the fair and timely adjudication of administrative appeals. The Department also believes that additional delay in the issuance of a final decision in the uncommon cases where the Secretary has undertaken review is appropriate and consistent with current practices at the Department. Contrary to some commenters’ concerns that secretarial review will lead to inconsistency and inefficiencies in Department adjudications because of the supposed haphazard manner in which they believe the review power will be exercised, the Department expects that it will in fact increase consistency and efficiency. Decisions of the Secretary under this rule and Secretary’s Order 01–2020 are binding on all Department employees, and thus will serve as authoritative pronouncements within the Department 2 Under Secretary’s Order 01–2020, the maximum period of time possible between when the ARB issues a decision and when the decision becomes final in cases where the Secretary does not undertake review is 63 calendar days, or nine weeks. In particular, the Order allows parties up to 14 calendar days to file a petition for secretarial review after the ARB’s decision has been issued. The ARB then has up to 21 calendar days from the date the petition was filed to determine whether to refer the decision to the Secretary for review. In cases where the ARB has referred the decision to the Secretary, the Secretary has up to 28 calendar days from the date of referral to decide whether to undertake review. Thus, it is possible under the Order that a decision of the ARB would not become final until 63 calendar days after the decision was issued. See Secretary’s Order 01–2020—Delegation of Authority and Assignment of Responsibility to the Administrative Review Board, 85 FR 13186, 13187–88 (March 6, 2020). However, there are a variety of circumstances that can shorten the period between when a decision is issued and when it becomes final. See id. VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 30611 on the statutes and regulations within the BALCA’s and ARB’s jurisdictions. That will serve to improve the consistency and efficiency of Department adjudications. Commenters similarly suggested that the Department establish with more specificity both the standards the Secretary will use when deciding to exercise his authority and the standards that will govern the Secretary’s review of a case. The Department does not believe that further specification of the standards that govern discretionary review is necessary to ensure the proper use of this power. When review is undertaken, the Secretary will adhere to all relevant sources of law, including, where applicable, 5 U.S.C. 557(b), which sets a standard of review for administrative appeals in formal adjudications. Further, providing that, generally, cases will be subject to secretarial review only if they present a matter of exceptional importance strikes the right balance between providing some clarity about when review will be undertaken while not unnecessarily precluding review in cases where secretarial involvement may be warranted under circumstances that are difficult to anticipate. Several commenters raised concerns that the system of discretionary secretarial review does not adequately protect due process rights or risks undermining the fundamental fairness of DOL adjudications, including by failing to provide a mechanism for the parties to the proceeding to be notified when the Secretary exercises his discretion, the relevant issues under consideration, the lack of timeframe for the Secretary to make a decision, and a concern that the process will only be used to reverse decisions unfavorable to the Department. The Department notes that this final rule contains a number of important fairness safeguards, and does not believe that further protections are necessary. Whenever review of cases pending before or decided by BALCA is undertaken by the Secretary, parties are to be promptly notified. The Secretary is also to receive the Appeal File and any briefs filed to ensure parties have an opportunity to be heard. Further, the Secretary must state his decision in writing, and the parties are to be promptly notified of his decision. Finally, this rule provides that no individual involved in the investigation or prosecution of a case will advise the Secretary on the exercise of review with respect to that case or a case involving a common nucleus of operative fact.3 This ensures the integrity of the review process by preventing the intermingling of functions within the Department. The Department also notes that the APA’s separation of functions provision does not apply to the heads of agencies. 5 U.S.C. 554(d)(C). Finally, to the extent commenters have suggested that the Secretary will in all cases rule for the Department or a preferred party, or only consider undertaking review in cases where the Department lost before the BALCA, the Department regards those concerns as unfounded, and reiterates that the Secretary will decide all cases in accordance with law. Some commenters’ objected that the Department’s reasons for establishing discretionary secretarial review do not sufficiently justify the rule, including failing to provide evidence or data that the ARB and BALCA issue obviously wrong decisions on a regular-enough basis to justify the establishment of this procedure. The Department reiterates that ensuring the Secretary’s ability to supervise and direct functions of the Department that are entrusted to his care by Congress is a compelling reason for the rule taken on its own terms, and will promote good governance within the Department. The Department does not believe it is unreasonable for the Secretary to execute the duties he has been assigned by Congress. As for evidence, past experience with the unreviewability of BALCA decisions indicates that it is necessary for the Secretary to have the option of reviewing decisions issued on his behalf lest disagreement on law and policy within the Department lead to protracted uncertainty and intractable problems for regulated communities. See, e.g., Withdrawal of Notice of Intent To Issue a Declaratory Order, 85 FR 14706, 14708 (March 13, 2020) (recounting historical facts). The overall effect of this process will be to establish binding secretarial precedent on certain issues, which will ensure consistency in the Department’s review and adjudication of matters, ultimately saving time and providing greater certainty for the regulated community. Some commenters objected that this rule is being promulgated through improper procedures, and specifically argued that the DFR process is not permitted under the APA. The Department disagrees. The Department emphasizes that, while it does not believe it was required to issue this procedural rule through notice-andcomment procedures, it nevertheless 3 For example, a Department attorney who substantively participates in a hearing before BALCA would not advise the Secretary on that case if it were reviewed. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\20MYR1.SGM 20MYR1 30612 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations gave the public the opportunity to comment through the NPRM, received public submissions on the NPRM–DFR, and is now issuing this final rule having considered and responded to those submissions. As to commenters’ suggestions regarding transparency and the public reporting of decisions rendered by the Secretary, the Department notes that Secretary’s Order 01–2020 already requires the publication of such decisions issued following the review of an ARB decision. Because the Department agrees with commenters that publishing decisions is an appropriate and effective way for the public to be informed about how the discretionary review power is exercised, the Department is adding an express publication requirement to 29 CFR 18.95(c)(2)(iii) for secretarial decisions issued after the review of cases decided by or pending before the BALCA. Commenters’ other suggestions to promote transparency, including requiring BALCA to notify an employer of recommendations to the Secretary or for the Secretary to provide public explanations of his reasons for declining review in cases and providing the public with additional information about how the Secretary has handled specific referrals under Secretary’s Order 01–2020, would, in Department’s judgment, introduce more inefficiencies into the review processes than are warranted by the marginal benefits such transparency measures would generate. Finally, the Department declines to grant some commenters’ request for an extension of the comment period. The NPRM–DFR was not long or complex relative to other proposed rules issued by the Department. Further, the NPRM– DFR was made public on the Department’s website on February 21, meaning interested parties have had notice of and have had the opportunity to examine it and to prepare comments for longer than the 30 days provided for comment. Some commenters argued that the disruption caused by the coronavirus pandemic, including the closure of law libraries or other institutions that commenters may use as a resource to submit comments, justifies an extension. The Department notes that while the pandemic has caused general disruption to the lives of all Americans, comments to proposed rules can be submitted electronically and do not rely on physical means of delivery or preparation that may be hindered by the pandemic, and that the research and work needed to prepare comments can also generally be carried on through electronic means. VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 To the extent that DOL received comments unrelated to the proposal to establish a system of discretionary secretarial review, such comments are outside the scope of this rulemaking. DOL did not consider any other aspects of its administrative adjudicative processes, either explicitly or implicitly, as part of this rulemaking. As such, DOL declines to address any comments unrelated to this very narrow rulemaking. IV. Rulemaking Analyses and Notices Executive Orders 12866, Regulatory Planning and Review, and 13563, Improving Regulation and Regulatory Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been drafted and reviewed in accordance with Executive Order 12866. The Department of Labor, in coordination with the Office of Management and Budget (OMB), determined that this rule is not a significant regulatory action under section 3(f) of Executive Order 12866 because the rule will not have an annual effect on the economy of $100 million or more; will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; and will not materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof. Furthermore, the rule does not raise a novel legal or policy issue arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. Accordingly, OMB has waived review.4 Regulatory Flexibility Act of 1980 Because no notice of proposed rulemaking was required for this rule under section 553 of the Administrative 4 One commenter objected to the lack of a cost– benefit analysis. This rule reflects revisions to the Department’s internal review processes, which do not change any party’s substantive rights or obligations. As discussed above, these internal Departmental revisions do not raise applicable novel issues nor are they expected to have an annual effect of $100 million or more. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Procedure Act, the regulatory flexibility analysis requirements of the Regulatory Flexibility Act, 5 U.S.C. 603, 604, do not apply to this rule. See 5 U.S.C. 601(2). Paperwork Reduction Act The Department has determined that this rule is not subject to the requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., as this rulemaking does not involve any collections of information. See 5 CFR 1320.3(c). Unfunded Mandates Reform Act of 1995 and Executive Order 13132, Federalism The Department has reviewed this rule in accordance with the requirements of Executive Order 13132 and the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., and has found no potential or substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. As there is no Federal mandate contained herein that could result in increased expenditures by State, local, and tribal governments, or by the private sector, the Department has not prepared a budgetary impact statement. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments The Department has reviewed this rule in accordance with Executive Order 13175 and has determined that it does not have ‘‘tribal implications.’’ The rule does not ‘‘have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.’’ List of Subjects 20 CFR Part 641 Administrative practice and procedure, Grievance procedure and appeals process, Senior Community Service Employment Program, Services to participants. 20 CFR Part 655 Administrative practice and procedure, Labor certification processes for temporary employment. 20 CFR Part 656 Administrative practice and procedure, Fraud, Reporting and recordkeeping requirements, Wages. E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations 20 CFR Part 658 Administrative practice and procedure, Complaint system; Discontinuation of services, State workforce agency compliance, Federal application of remedial action to state workforce agencies, Wagner-Peyser Act Employment Service. 20 CFR Part 667 Adjudication and Judicial Review, Administrative practice and procedure; Oversight and monitoring, Grievance procedures, complaints, and state appeal processes, Sanctions, corrective actions, and waiver of liability, Reporting and recordkeeping requirements, Resolution of findings, Workforce Investment Act. 20 CFR Part 683 Adjudication and judicial review, Administrative practice and procedure, Funding and closeout, Grievance procedures, complaints, and State appeal processes; Oversight and resolution of findings, Pay-forperformance contract strategies, Reporting and recordkeeping requirements, Rules, costs, and limitations, Sanctions, corrective actions, and waiver of liability, Workforce Innovation And Opportunity Act. 29 CFR Part 18 29 CFR Part 1981 Administrative practice and procedure. Administrative practice and procedure, Employee protection, Findings, Litigation, Investigations, Pipeline Safety Improvement Act of 2002, Retaliation complaints. 29 CFR Part 24 Administrative practice and procedure, Review of other proceedings and related matters, Review of wage determinations. 29 CFR Part 29 Administrative practice and procedure, Apprenticeship programs, Labor standards, State apprenticeship agencies. 29 CFR Part 38 Administrative practice and procedure, Compliance procedures, Obligations of recipients and governors, Workforce Innovation and Opportunity Act. 29 CFR Part 96 Administrative practice and procedure, Audit requirements, Grants, contracts, and other agreements. 29 CFR Part 471 29 CFR Part 501 29 CFR Part 2 29 CFR Part 580 Administrative practice and procedure, Claims, Courts, Government employees. Administrative practice and procedure, Assessing and contesting, Civil money penalties. 29 CFR Part 7 29 CFR Part 1978 Administrative practice and procedure, Government contracts, Minimum wages. 29 CFR Part 1979 Administrative practice and procedure, Employee protection, Findings, Litigation, Investigations, Retaliation complaints, Wendell H. Ford Aviation Investment and Reform Act for the 21st Century. 29 CFR Part 10 Administrative practice and procedure, Construction industry, Government procurement, Law enforcement, Reporting and recordkeeping requirements, Wages. 29 CFR Part 1980 29 CFR Part 13 Administrative practice and procedure, Government contracts, Law enforcement, Reporting and recordkeeping requirements, Wages. VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 Administrative practice and procedure, Contract obligations; Enforcement, Immigration and Nationality Act, Temporary alien agricultural workers. Administrative practice and procedure; Employee protection; Findings, Investigations, Litigation, Retaliation complaints, Surface Transportation Assistance Act of 1982. 29 CFR Part 8 Administrative practice and procedure, Employee protection, Findings, Investigations, Litigation, Retaliation complaints, Sarbanes-Oxley Act of 2002. PO 00000 Frm 00025 Fmt 4700 29 CFR Part 1982 Administrative practice and procedure, Employee protection, Federal Railroad Safety Act, Findings, Investigations, Litigation, National Transit Systems Security Act, Retaliation complaints. 29 CFR Part 1983 Administrative practice and procedure, Consumer Product Safety Improvement Act of 2008, Employee protection, Findings, Investigations, Litigation, Retaliation complaints. 29 CFR Part 1984 Administrative practice and procedure, Affordable Care Act, Employee protection, Findings, Investigations, Litigation, Retaliation complaints. 29 CFR Part 1985 Administrative practice and procedure, Complaint procedures, Compliance review, Contractor obligations, Federal labor law. 20 CFR Part 702 Administrative practice and procedure, Claims, Penalties, Reporting and recordkeeping requirements, Whistleblowing, Workers’ compensation. Administrative practice and procedure, Government contracts, Minimum wages. 30613 Sfmt 4700 Administrative practice and procedure, Consumer Financial Protection Act of 2010, Employee protection, Findings, Investigations, Litigation, Retaliation complaints. 29 CFR Part 1986 Administrative practice and procedure, Employee protection, Findings, Investigations, Litigation, Retaliation complaints, Seaman’s Protection Act. 29 CFR Part 1987 Administrative practice and procedure, Employee protection, FDA Food Safety Modernization Act, Findings, Investigations, Litigation, Retaliation complaints. 29 CFR Part 1988 Administrative practice and procedure, Employee protection, Findings, Investigations, Litigation, Moving Ahead for Progress in the 21st Century Act, Retaliation complaints. 41 CFR Part 50–203 Administrative practice and procedure, Government procurement, Minimum wages, Occupational safety and health. 41 CFR Part 60–30 Administrative practice and procedure, Equal opportunity, Executive Order 11246, Property management, Public contracts. E:\FR\FM\20MYR1.SGM 20MYR1 30614 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations Dated: May 15, 2020. Eugene Scalia, Secretary of Labor. For the reasons set forth in the preamble, the Department of Labor amends 20 CFR chapters V and VI; 29 CFR subtitle A and chapters IV, V, and XVII, and 41 CFR parts 50–203 and 60– 30 as follows: Title 20—Employees’ Benefits Employment and Training Administration PART 641—PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM 1. The authority citation for part 641 continues to read as follows: ■ Authority: 42 U.S.C. 3056 et seq.; Pub. L. 114–144, 130 Stat. 334 (Apr. 19, 2016). 2. In § 641.900, revise paragraph (e) to read as follows: ■ § 641.900 What appeal process is available to an applicant that does not receive a grant? * * * * * (e) The decision of the ALJ constitutes final agency action unless, within 21 days of the decision, a party dissatisfied with the ALJ’s decision, in whole or in part, has filed a petition for review with the Administrative Review Board (ARB) (established under Secretary’s Order No. 01–2020), specifically identifying the procedure, fact, law, or policy to which exception is taken. The mailing address for the ARB is 200 Constitution Ave. NW, Room N5404, Washington, DC 20210. The Department will deem any exception not specifically urged to have been waived. A copy of the petition for review must be sent to the grant officer at that time. If, within 30 days of the filing of the petition for review, the ARB does not notify the parties that the case has been accepted for review, then the decision of the ALJ constitutes final agency action. In any case accepted by the ARB, a decision must be issued by the ARB within 180 days of acceptance. If a decision is not so issued, the decision of the ALJ constitutes final agency action. * * * * * ■ 3. In § 641.920, revise paragraph (d)(5) to read as follows: § 641.920 What actions of the Department may a grantee appeal and what procedures apply to those appeals? * * * * * (d) * * * (5) The decision of the ALJ constitutes final agency action unless, within 21 days of the decision, a party dissatisfied VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 with the ALJ’s decision, in whole or in part, has filed a petition for review with the ARB (established under Secretary’s Order No. 01–2020), specifically identifying the procedure, fact, law, or policy to which exception is taken. The mailing address for the ARB is 200 Constitution Ave. NW, Room N5404, Washington, DC 20210. The Department will deem any exception not specifically argued to have been waived. A copy of the petition for review must be sent to the grant officer at that time. If, within 30 days of the filing of the petition for review, the ARB does not notify the parties that the case has been accepted for review, then the decision of the ALJ constitutes final agency action. In any case accepted by the ARB, a decision must be issued by the ARB within 180 days of acceptance. If a decision is not so issued, the decision of the ALJ constitutes final agency action. PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES 4. The authority citation for part 655 continues to read as follows: ■ Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101–238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101–649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102– 232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103–206, 107 Stat. 2428; sec. 412(e), Pub. L. 105–277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107–296, 116 Stat. 2135, as amended; Pub. L. 109–423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115–218, 132 Stat. 1547 (48 U.S.C. 1806). Subpart A issued under 8 CFR 214.2(h). Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 CFR 214.2(h). Subpart E issued under 48 U.S.C. 1806. Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec. 323(c), Pub. L. 103–206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. L. 114–74 at section 701. Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub. L. 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), Pub. L. 105–277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 note, Pub. L. 114–74 at section 701. Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Pub. L. 109–423, 120 Stat. 2900; and 8 CFR 214.2(h). 5. In § 655.171, revise paragraphs (a) and (b)(2) to read as follows: ■ PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 § 655.171 Appeals. * * * * * (a) Administrative review. Where the employer has requested administrative review, within 5 business days after receipt of the ETA administrative file the ALJ will, on the basis of the written record and after due consideration of any written submissions (which may not include new evidence) from the parties involved or amici curiae, either affirm, reverse, or modify the CO’s decision, or remand to the CO for further action. The decision of the ALJ must specify the reasons for the action taken and must be immediately provided to the employer, the CO, the OFLC Administrator and DHS by means normally assuring next-day delivery. (b) * * * (2) Decision. After a de novo hearing, the ALJ must affirm, reverse, or modify the CO’s determination, or remand to the CO for further action, except in cases over which the Secretary has assumed jurisdiction pursuant to 29 CFR 18.95. The decision of the ALJ must specify the reasons for the action taken and must be immediately provided to the employer, CO, OFLC Administrator, and DHS by means normally assuring next-day delivery. ■ 6. In § 655.181, revise paragraph (b)(3) to read as follows: § 655.181 Revocation. * * * * * (b) * * * (3) Appeal. An employer may appeal a Notice of Revocation, or a final determination of the OFLC Administrator after the review of rebuttal evidence, according to the appeal procedures of § 655.171. * * * * * ■ 7. In § 655.182, revise paragraph (f)(6) to read as follows: § 655.182 Debarment. * * * * * (f) * * * (6) ARB decision. The ARB’s decision must be issued within 90 days from the notice granting the petition and served upon all parties and the ALJ. If the ARB fails to issue a decision within 90 days from the notice granting the petition, the ALJ’s decision will be the final agency decision. * * * * * ■ 8. In § 655.183, revise paragraph (c) to read as follows: § 655.183 Less than substantial violations. * * * * * (c) Failure to comply with special procedures. If the OFLC Administrator determines that the employer has failed E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations to comply with special procedures required pursuant to paragraph (a) of this section, the OFLC Administrator will send a written notice to the employer, stating that the employer’s otherwise affirmative H–2A certification determination will be reduced by 25 percent of the total number of H–2A workers requested (which cannot be more than those requested in the previous year) for a period of 1 year. Notice of such a reduction in the number of workers requested will be conveyed to the employer by the OFLC Administrator in the OFLC Administrator’s written certification determination. The notice will offer the employer an opportunity to request administrative review or a de novo hearing before an ALJ. If administrative review or a de novo hearing is requested, the procedures prescribed in § 655.171 will apply, provided that if the ALJ or the Secretary affirms the OFLC Administrator’s determination that the employer has failed to comply with special procedures required by paragraph (a) of this section, the reduction in the number of workers requested will be 25 percent of the total number of H–2A workers requested (which cannot be more than those requested in the previous year) for a period of 1 year. 9. In § 655.461, revise paragraph (e) to read as follows: ■ § 655.461 Administrative review. * * * * * (e) Scope of review. BALCA will, except in cases over which the Secretary has assumed jurisdiction pursuant to 29 CFR 18.95, affirm, reverse, or modify the CO’s determination, or remand to the CO for further action. BALCA will reach this decision after due consideration of the documents in the Appeal File that were before the CO at the time of the CO’s determination, the request for review, and any legal briefs submitted. BALCA may not consider evidence not before the CO at the time of the CO’s determination, even if such evidence is in the Appeal File, request for review, or legal briefs. * * * * * 10. In § 655.472, revise paragraph (b)(3) to read as follows: ■ § 655.472 Revocation. * * * * * (b) * * * (3) Request for review. An employer may appeal a Notice of Revocation or a final determination of the OFLC Administrator after the review of VerDate Sep<11>2014 19:41 May 19, 2020 Jkt 250001 rebuttal evidence to BALCA, according to the appeal procedures of § 655.461. * * * * * ■ 11. In § 655.473, revise paragraph (f)(6) to read as follows: § 655.473 Debarment. * * * * * (f) * * * (6) ARB decision. The ARB’s decision must be issued within 90 calendar days from the notice granting the petition and served upon all parties and the ALJ. ■ 12. In § 655.845, revise paragraphs (h) and (i) to read as follows: 30615 (3) Direct that a hearing on the case be held under paragraph (e) of this section. * * * * * PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER–PEYSER ACT EMPLOYMENT SERVICE 15. The authority citation for part 658 continues to read as follows: ■ Authority: Secs. 189, 503, Pub. L. 113– 128, 128 Stat. 1425 (Jul. 22, 2014); 29 U.S.C. chapter 4B. 16. In § 658.711, revise paragraph (b) to read as follows: § 655.845 What rules apply to appeal of the decision of the administrative law judge? ■ * § 658.711 Decision of the Administrative Review Board. * * * * (h) The Board’s decision shall be issued within 180 calendar days from the date of the notice of intent to review. The Board’s decision shall be served upon all parties and the administrative law judge. (i) After the Board’s decision becomes final, the Board shall transmit the entire record to the Chief Administrative Law Judge for custody pursuant to § 655.850. PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES 13. The authority citation for part 656 continues to read as follows: ■ Authority: 8 U.S.C. 1182(a)(5)(A), 1182(p)(1); sec.122, Public Law 101–649, 109 Stat. 4978; and Title IV, Public Law 105–277, 112 Stat. 2681. 14. In § 656.27, revise paragraph (c) to read as follows: ■ * * * * * (b) The decision of the Administrative Review Board must be in writing, and must set forth the factual and legal basis for the decision. After the Board’s decision becomes final, notice of the decision must be published in the Federal Register, and copies must be made available for public inspection and copying. PART 667—ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT 17. The authority citation for part 667 continues to read as follows: ■ Authority: Subtitle C of Title I, Sec. 506(c), Pub. L. 105–220, 112 Stat. 936 (20 U.S.C. 9276(c)); Executive Order 13198, 66 FR 8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 3 CFR 2002 Comp., p. 258. 18. In § 667.830, revise paragraph (b) to read as follows: § 656.27 Consideration by and decisions of the Board of Alien Labor Certification Appeals. ■ * § 667.830 When will the Administrative Law Judge issue a decision? * * * * (c) Review on the record. The Board of Alien Labor Certification Appeals must review a denial of labor certification under § 656.24, a revocation of a certification under § 656.32, or an affirmation of a prevailing wage determination under § 656.41 on the basis of the record upon which the decision was made, the request for review, and any Statements of Position or legal briefs submitted and, except in cases over which the Secretary has assumed jurisdiction pursuant to 29 CFR 18.95, must: (1) Affirm the denial of the labor certification, the revocation of certification, or the affirmation of the PWD; or (2) Direct the Certifying Officer to grant the certification, overrule the revocation of certification, or overrule the affirmation of the PWD; or PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 * * * * * (b) The decision of the ALJ constitutes final agency action unless, within 20 days of the decision, a party dissatisfied with the ALJ’s decision has filed a petition for review with the Administrative Review Board (ARB) (established under Secretary’s Order No. 01–2020), specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged is deemed to have been waived. A copy of the petition for review must be sent to the opposing party at that time. Thereafter, the decision of the ALJ constitutes final agency action unless the ARB, within 30 days of the filing of the petition for review, notifies the parties that the case has been accepted for review. In any case accepted by the ARB, a decision E:\FR\FM\20MYR1.SGM 20MYR1 30616 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations § 702.433 must be issued by the ARB within 180 days of acceptance. If a decision is not so issued, the decision of the ALJ constitutes final agency action. Requests for hearing. § 2.8 * PART 683—ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT 19. The authority citation for part 683 continues to read as follows: ■ Authority: Secs. 102, 116, 121, 127, 128, 132, 133, 147, 167, 169, 171, 181, 185, 189, 195, 503, Public Law 113–128, 128 Stat. 1425 (Jul. 22, 2014). 20. In § 683.830, revise paragraph (b) to read as follows: ■ § 683.830 When will the Administrative Law Judge issue a decision? * * * * (e) The administrative law judge will issue a recommended decision after the termination of the hearing. The recommended decision must contain appropriate findings, conclusions, and a recommended order and be forwarded, together with the record of the hearing, to the Administrative Review Board for a decision. The recommended decision must be served upon all parties to the proceeding. (f) Based upon a review of the record and the recommended decision of the administrative law judge, the Administrative Review Board will issue a decision. 23. Revise § 702.434 to read as follows: PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS § 702.434 ■ ■ * * * * * (b) The decision of the ALJ constitutes final agency action unless, within 20 days of the decision, a party dissatisfied with the ALJ’s decision has filed a petition for review with the Administrative Review Board (ARB) (established under Secretary’s Order No. 01–2020), specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically raised in the petition is deemed to have been waived. A copy of the petition for review also must be sent to the opposing party and if an applicant or recipient, to the Grant Officer and the Grant Officer’s Counsel at the time of filing. Unless the ARB, within 30 days of the filing of the petition for review, notifies the parties that the case has been accepted for review, the decision of the ALJ constitutes final agency action. In any case accepted by the ARB, a decision must be issued by the ARB within 180 days of acceptance. If a decision is not so issued, the decision of the ALJ constitutes final agency action. Office of Workers’ Compensation Programs Longshoremen’s and Harbor Workers’ Compensation Act and Related Statutes Judicial review. (a) Any physician, health care provider, or claims representative who participated as a party in the hearing may obtain review of the Department’s final decision made by the Administrative Review Board or the Secretary, as appropriate, regardless of the amount of controversy, by commencing a civil action within sixty (60) days after the decision is transmitted to him or her. The pendency of such review will not stay the effect of the decision. Such action must be brought in the Court of Appeals of the United States for the judicial circuit in which the plaintiff resides or has his or her principal place of business, or the Court of Appeals for the District of Columbia pursuant to section 7(j)(4) of the Act, 33 U.S.C. 907(j)(4). (b) As part of the Department’s answer, the Administrative Review Board must file a certified copy of the transcript of the record of the hearing, including all evidence submitted in connection therewith. (c) The findings of fact contained in the Department’s final decision, if based on substantial evidence in the record as a whole, shall be conclusive. PART 702—ADMINISTRATION AND PROCEDURE Title 29—Labor ■ 21. The authority citation for part 702 continues to read as follows: PART 2—GENERAL REGULATIONS Authority: 5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub.L. 114–74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary’s Order 10– 2009, 74 FR 58834. ■ Office of the Secretary of Labor 22. In § 702.433, revise paragraphs (e) and (f) to read as follows: ■ VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 Final agency decisions. Final agency decisions issued under the statutory authority of the U.S. Department of Labor may be issued by the Secretary of Labor, or by his or her designee under a written delegation of authority. The Administrative Review Board, an organizational entity within the Office of the Secretary, has been delegated authority to issue final agency decisions under the statutes, executive orders, and regulations according to, and except as provided in Secretary’s Order 01–2020 (or any successor to that order). 24. The authority citation for part 2 continues to read as: Authority: 5 U.S.C. 301; Executive Order 13198, 66 FR 8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 3 CFR 2002 Comp., p. 258; Executive Order 13559, 75 FR 71319, 3 CFR 2011 Comp., p. 273. ■ 25. Revise § 2.8 to read as follows: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 26. The authority citation for part 7 continues to read as: Authority: Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C. 301; 3 CFR, 1949–1953 Comp., p. 1007; sec. 2, 48 Stat. 948 as amended; 40 U.S.C. 276c; secs. 104, 105, 76 Stat. 358, 359; 40 U.S.C. 330, 331; 65 Stat. 290; 36 FR 306, 8755. 27. In § 7.1, revise paragraph (d) to read as follows: ■ § 7.1 Purpose and scope. * * * * * (d) In considering the matters within the scope of its jurisdiction the Board shall act as the authorized representative of the Secretary of Labor. The Board shall act as fully and finally as might the Secretary of Labor concerning such matters, except as provided in Secretary’s Order 01–2020 (or any successor to that order). * * * * * PART 8—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL SERVICE CONTRACTS 28. The authority citation for part 8 continues to read as: ■ Authority: Secs. 4 and 5, 79 Stat. 1034, 1035, as amended by 86 Stat. 789, 790, 41 U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 76 Stat. 357–359, 40 U.S.C. 327–332. 29. In § 8.1, revise paragraph (c) to read as follows: ■ § 8.1 Purpose and scope. * * * * * (c) In considering the matters within the scope of its jurisdiction the Board shall act as the authorized representative of the Secretary of Labor and shall act as fully and finally as might the Secretary of Labor concerning E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations such matters, except as provided in Secretary’s Order 01–2020 (or any successor to that order). * * * * * PART 13—ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS 30. The authority citation for part 10 continues to read as follows: ■ 31. Revise § 10.57 to read as follows: § 10.57 Administrative Review Board proceedings. (a) Authority—(1) General. The Administrative Review Board has jurisdiction to hear and decide in its discretion appeals concerning questions of law and fact from investigative findings letters of the Administrator issued under § 10.51(c)(1) or (2), Administrator’s rulings issued under § 10.58, and decisions of Administrative Law Judges issued under § 10.55. (2) Limit on scope of review. (i) The Board shall not have jurisdiction to pass on the validity of any provision of this part. The Board is an appellate body and shall decide cases properly before it on the basis of substantial evidence contained in the entire record before it. The Board shall not receive new evidence into the record. (ii) The Equal Access to Justice Act, as amended, does not apply to proceedings under this part. Accordingly, the Administrative Review Board shall have no authority to award attorney’s fees and/or other litigation expenses pursuant to the provisions of the Equal Access to Justice Act for any proceeding under this part. (b) Decisions. The Board’s decision shall be issued within a reasonable period of time following receipt of the petition for review and shall be served upon all parties by mail to the last known address and on the Chief Administrative Law Judge (in cases involving an appeal from an Administrative Law Judge’s decision). (c) Orders. If the Board concludes a violation occurred, an order shall be issued mandating action to remedy the violation, including, but not limited to, monetary relief for unpaid wages. Where the Administrator has sought imposition of debarment, the Board shall determine whether an order imposing debarment is appropriate. The ARB’s order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). 16:29 May 19, 2020 Jkt 250001 32. The authority citation for part 13 continues to read as follow: ■ Authority: 5 U.S.C. 301; E.O. 13706, 80 FR 54697, 3 CFR, 2016 Comp., p. 367; Secretary’s Order 01–2014, 79 FR 77527. Authority: 5 U.S.C. 301; 5 U.S.C. 551–553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292. ■ Authority: 5 U.S.C. 301; section 2, E.O. 13838, 83 FR 25341; section 4, E.O. 13658, 79 FR 9851; Secretary’s Order 01–2014, 79 FR 77527. VerDate Sep<11>2014 PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES ■ PART 10—ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS ■ 30617 33. Revise § 13.57 to read as follows: 34. The authority citation for part 18 continues to read as follows: ■ 35. Revise § 18.95 to read as follows: § 13.57 Administrative Review Board proceedings. § 18.95 Review of decision and review by the Secretary. (a) Authority—(1) General. The Administrative Review Board has jurisdiction to hear and decide in its discretion appeals concerning questions of law and fact from investigative findings letters of the Administrator issued under § 13.51(c)(1) or the final sentence of § 13.51(c)(2)(ii), Administrator’s rulings issued under § 13.58, and decisions of Administrative Law Judges issued under § 13.55. (2) Limit on scope of review. (i) The Administrative Review Board shall not have jurisdiction to pass on the validity of any provision of this part. The Administrative Review Board is an appellate body and shall decide cases properly before it on the basis of substantial evidence contained in the entire record before it. The Administrative Review Board shall not receive new evidence into the record. (ii) The Equal Access to Justice Act, as amended, does not apply to proceedings under this part. Accordingly, the Administrative Review Board shall have no authority to award attorney’s fees and/or other litigation expenses pursuant to the provisions of the Equal Access to Justice Act for any proceeding under this part. (b) Decisions. The Administrative Review Board’s decision shall be issued within a reasonable period of time following receipt of the petition for review and shall be served upon all parties by mail to the last known address and on the Chief Administrative Law Judge (in cases involving an appeal from an Administrative Law Judge’s decision). (c) Orders. If the Board concludes a violation occurred, an order shall be issued mandating action to remedy the violation, including, but not limited to, any monetary or equitable relief described in § 13.44. Where the Administrator has sought imposition of debarment, the Administrative Review Board shall determine whether an order imposing debarment is appropriate. The ARB’s order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (a) Review. The statute or regulation that conferred hearing jurisdiction provides the procedure for review of a judge’s decision. If the statute or regulation does not provide a procedure, the judge’s decision becomes the Secretary’s final administrative decision, except as provided in paragraph (b) of this section. (b) Finality. A decision of the Board of Alien Labor Certification Appeals (BALCA) shall constitute the Secretary’s final administrative decision except in those cases over which the Secretary has, in accordance with this paragraph (b) and paragraph (c) of this section, assumed jurisdiction: (1) In any case for which administrative review is sought or handled in accordance with 20 CFR 655.171(a) or 20 CFR 655.461, at any point from when the BALCA receives a request for review until the passage of 10 business days after the date on which BALCA has issued its decision. (2) In any case for which a de novo hearing is sought or handled under 20 CFR 655.171(b), at any point within 15 business days after the date on which the BALCA has issued its decision. (3) In any case for which review is sought or handled in accordance with 20 CFR 656.26 and 20 CFR 656.27, at any point from when the BALCA receives a request for review until the passage of 30 business days after the BALCA has issued its decision. (c) Review by the Secretary—(1) Transmission of information. (i) Whenever the BALCA receives a request for review, it shall immediately transmit a copy of such request to the Deputy Secretary. (ii) Within 3 business days of when the BALCA issues a decision, the Chair of the BALCA, or his or her designee, shall transmit to the Deputy Secretary a copy of the decision and a concise recommendation as to whether the decision involves an issue or issues of such exceptional importance that review by the Secretary is warranted. (2) Review. (i) The Secretary may, at any point within the time periods provided for in paragraph (b) of this PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20MYR1.SGM 20MYR1 30618 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations section, and in his or her sole discretion, assume jurisdiction to review the decision or determination of the Certifying Officer, the Office of Foreign Labor Certification Administrator, the National Prevailing Wage Center Director, or the BALCA, as the case may be. (ii) When the Secretary assumes jurisdiction over a case, the Secretary shall promptly notify the BALCA. The BALCA shall promptly notify the parties to the case of such action and shall submit the Appeal File and any briefs filed to the Secretary. (iii) In any case the Secretary decides, the Secretary’s decision shall be stated in writing and transmitted to the BALCA, which shall promptly publish the decision and transmit it to the parties to the case. Such decision shall constitute final action by the Department and shall serve as binding precedent on all Department employees and in all Department proceedings involving the same issue or issues. (iv) The Solicitor of Labor, or his or her designee, shall have the responsibility for providing legal advice to the Secretary with respect to the Secretary’s exercise of review under this section, except that no individual involved in the investigation or prosecution of a case shall advise the Secretary on the exercise of review with respect to such case or a case involving a common nucleus of operative fact. PART 24—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, AS AMENDED 36. The authority citation for part 24 is revised to read as follows: ■ Authority: 15 U.S.C. 2622; 33 U.S.C. 1367; 42 U.S.C. 300j–9(i)BVG, 5851, 6971, 7622, 9610; Secretary’s Order No. 5–2007, 72 FR 31160 (June 5, 2007); Secretary’s Order No. 01–2020. 37. In § 24.110, revise paragraphs (a), (c), and (d) to read as follows: ■ § 24.110 Decisions and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ must file a written petition for review with the ARB, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210. The decision of the ALJ will become the final order of the Secretary unless, pursuant to this section, a timely petition for review is filed with the ARB VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 and the ARB accepts the case for review. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections will ordinarily be deemed waived. A petition must be filed within 10 business days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or email communication will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 90 days of the filing of the complaint. The decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the order will order the respondent to take appropriate affirmative action to abate the violation, including reinstatement of the complainant to that person’s former position, together with the compensation (including back pay), terms, conditions, and privileges of employment, and compensatory damages. In cases arising under the Safe Drinking Water Act or the Toxic Substances Control Act, exemplary damages may also be awarded when appropriate. At the request of the complainant, the ARB will assess against the respondent all costs and expenses (including attorney’s fees) reasonably incurred. * * * * * ■ 38. Revise § 24.112 to read as follows: § 24.112 Judicial Review. (a) Except as provided under paragraphs (b) through (d) of this section, within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. A final order of the ARB (or a decision issued by the Secretary upon his or her discretionary review) is not subject to judicial review in any criminal or other civil proceeding. (b) Under the Federal Water Pollution Control Act, within 120 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. (c) Under the Solid Waste Disposal Act, within 90 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. (d) Under the Comprehensive Environmental Response, Compensation and Liability Act, after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States district court in which the violation allegedly occurred. For purposes of judicial economy and consistency, when a final order under the Comprehensive Environmental Response, Compensation and Liability Act also is issued under any other statute listed in § 24.100(a), the adversely affected or aggrieved person may file a petition for review of the entire order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. The time for filing a petition for review of an order issued under the Comprehensive Environmental Response, Compensation and Liability Act and any other statute listed in § 24.100(a) is determined by the time period applicable under the other statute(s). E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations (e) If a timely petition for review is filed, the record of a case, including the record of proceedings before the administrative law judge, will be transmitted by the ARB or the ALJ, as appropriate, to the appropriate court pursuant to the Federal Rules of Appellate Procedure and the local rules of the court. § 29.14 Derecognition of State Apprenticeship Agencies. PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS * 39. The authority citation for part 29 continues to read as follows: ■ Authority: Section 1, 50 Stat. 664, as amended (29 U.S.C. 50; 40 U.S.C. 276c; 5 U.S.C. 301); Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (5 U.S.C. App. P. 534). 40. In § 29.10, revise paragraph (c) to read as follows: ■ § 29.10 Hearings for deregistration. * * * * * (c) The Administrative Law Judge should issue a written decision within 90 days of the close of the hearing record. The Administrative Law Judge’s decision constitutes final agency action unless, within 15 days from receipt of the decision, a party dissatisfied with the decision files a petition for review with the Administrative Review Board, specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged is deemed to have been waived. A copy of the petition for review must be sent to the opposing party at the same time. Thereafter, the decision of the Administrative Law Judge remains final agency action unless the Administrative Review Board, within 30 days of the filing of the petition for review, notifies the parties that it has accepted the case for review. The Administrative Review Board may set a briefing schedule or decide the matter on the record. The Administrative Review Board must issue a decision in any case it accepts for review within 180 days of the close of the record. If a decision is not so issued, the Administrative Law Judge’s decision constitutes final agency action. ■ 41. In § 29.13, revise paragraph (g)(4) to read as follows: § 29.13 Recognition of State Apprenticeship Agencies. * * * * * (g) * * * (4) After the close of the period for filing exceptions and responses, the Administrative Review Board may issue a briefing schedule or may decide the matter on the record before it. The Administrative Review Board must VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 decide any case it accepts for review within 180 days of the close of the record. If a decision is not so issued, the Administrative Law Judge’s decision constitutes final agency action. * * * * * ■ 42. In § 29.14, revise paragraph (c)(3) to read as follows: * * * * (c) * * * (3) Requests a hearing. The Administrator shall refer the matter to the Office of Administrative Law Judges. An Administrative Law Judge will convene a hearing in accordance with § 29.13(g) and submit proposed findings and a recommended decision to the Administrative Review Board. The Administrative Review Board must issue a decision in any case it accepts for review within 180 days of the close of the record. If a decision is not so issued, the Administrative Law Judge’s decision constitutes final agency action. * * * * * PART 38—IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT 43. The authority citation for part 38 continues to read as follows: ■ Authority: 29 U.S.C. 3101 et seq.; 42 U.S.C. 2000d et seq.; 29 U.S.C. 794; 42 U.S.C. 6101 et seq.; and 20 U.S.C. 1681 et seq. 44. In § 38.112, revise paragraph (b)(1)(viii) to read as follows: ■ § 38.112 Initial and final decision procedures. * * * * * (b) * * * (1) * * * (viii) Decision and Order after review by Administrative Review Board. In any case reviewed by the Administrative Review Board under this paragraph, a decision must be issued within 180 days of the notification of such review. If the Administrative Review Board fails to issue a decision and order within the 180-day period, the initial decision and order of the Administrative Law Judge becomes the Final Decision and Order. * * * * * ■ 45. In § 38.113, revise paragraph (c) to read as follows: § 38.113 Suspension, termination, withholding, denial, or discontinuation of financial assistance. * * * * * (c) A decision issued by the Administrative Review Board has PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 30619 become final, the Administrative Law Judge’s decision and order has become the Final Agency Decision, or the Final Determination or Notification of Conciliation Agreement has been deemed the Final Agency Decision, under § 38.112(b); and * * * * * ■ 46. In § 38.115, revise paragraph (c)(5) to read as follows: § 38.115 Post-termination proceedings. * * * * * (c) * * * (5) The Administrative Review Board must issue a decision denying or granting the recipient’s or grant applicant’s request for restoration to eligibility. PART 96—AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS 47. The authority citation for part 96 continues to read as follows: ■ Authority: 31 U.S.C. 7501 et seq. and OMB Circular No. A–133, as amended. 48. In § 96.63, revise paragraph (b)(5) to read as follows: ■ § 96.63 Federal financial assistance. * * * * * (b) * * * (5) Review by the Administrative Review Board. In any case accepted for review by the Administrative Review Board, a decision shall be issued within 180 days of such acceptance. If a decision is not so issued, the decision of the Administrative Law Judge shall become the final decision of the Secretary. Office of Labor-Management Standards PART 471—OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS 49. The authority citation for part 471 is revised to read as follows: ■ Authority: 40 U.S.C. 101 et seq.; Executive Order 13496, 74 FR 6107, February 4, 2009; Secretary’s Order No. 7–2009, 74 FR 58834, November 13, 2009; Secretary’s Order No. 01–2020. 50. In § 471.13, revise paragraph (b)(4) to read as follows: ■ § 471.13 Under what circumstances, and how, will enforcement proceedings under Executive Order 13496 be conducted? * * * * * (b) * * * (4) After the expiration of time for filing exceptions, the Administrative Review Board may issue an E:\FR\FM\20MYR1.SGM 20MYR1 30620 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations administrative order, or may otherwise appropriately dispose of the matter. In an expedited proceeding, unless the Administrative Review Board issues an administrative order within 30 days after the expiration of time for filing exceptions, the Administrative Law Judge’s recommended decision will become the final administrative order. If the Administrative Review Board determines that the contractor has violated the Executive Order or the regulations in this part, the administrative order will order the contractor to cease and desist from the violations, require the contractor to provide appropriate remedies, or, subject to the procedures in § 471.14, impose appropriate sanctions and penalties, or any combination thereof. Wage and Hour Division PART 501—ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT 51. The authority citation for part 501 continues to read as follows: ■ Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 Note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Public Law 114–74 at § 701. ■ 52. Revise § 501.45 to read as follows: § 501.45 Decision of the Administrative Review Board. The ARB’s decision shall be issued within 90 days from the notice granting the petition and served upon all parties and the ALJ. PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES 53. The authority citation for part 580 continues to read as follows: ■ Authority: 29 U.S.C. 9a, 203, 209, 211, 212, 213(c), 216; Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat. 72, 76; Secretary’s Order 01–2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C. 500, 503, 551, 559; 103 Stat. 938. ■ 54. Revise § 580.16 to read as follows: § 580.16 Decision of the Administrative Review Board. The Board’s decision shall be served upon all parties and the Chief Administrative Law Judge, in person or by mail to the last known address. VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 Occupational Safety and Health Administration PART 1978—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED 55. The authority citation for part 1978 is revised to read as follows: ■ Authority: 49 U.S.C. 31101 and 31105; Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order 01–2020. 56. In § 1978.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1978.110 Decisions and orders of the Administrative Review Board. (a) The Assistant Secretary or any other party desiring to seek review, including judicial review, of a decision of the ALJ must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review and all briefs must be served on the Assistant Secretary and, in cases in which the Assistant Secretary is a party, on the Associate Solicitor, Division of Occupational Safety and Health, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision also will be served on the Assistant Secretary, and on the Associate Solicitor, Division of Occupational Safety and Health, U.S, PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order, which will be subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order), will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position with the same compensation, terms, conditions, and privileges of the complainant’s employment; payment of compensatory damages (back pay with interest and compensation for any special damages sustained as a result of the retaliation, including any litigation costs, expert witness fees, and reasonable attorney fees the complainant may have incurred); and payment of punitive damages up to $250,000. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. Such order will be subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). * * * * * ■ 57. In § 1978.112, revise paragraph (a) to read as follows: § 1978.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the person resided on the date of the violation. * * * * * PART 1979—PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY 58. The authority citation for part 1979 continues to read as follows: ■ Authority: 49 U.S.C. 42121; Secretary’s Order No. 01–2020. 59. In § 1979.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations § 1979.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the administrative law judge, or a named person alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney’s fees, must file a written petition for review with the Administrative Review Board (‘‘the Board’’). The decision of the Administrative Law Judge shall become the final order of the Secretary unless, pursuant to this section, a petition for review is timely filed with the Board. The petition for review must specifically identify the findings, conclusions, or orders to which exception is taken. Any exception not specifically urged ordinarily shall be deemed to have been waived by the parties. To be effective, a petition must be filed within ten business days of the date of the decision of the Administrative Law Judge. The date of the postmark, facsimile transmittal, or email communication will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the Board. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. * * * * * (c) The decision of the Board shall be issued within 120 days of the conclusion of the hearing, which shall be deemed to be the conclusion of all proceedings before the Administrative Law Judge—i.e., 10 business days after the date of the decision of the Administrative Law Judge unless a motion for reconsideration has been filed with the Administrative Law Judge in the interim. The decision will be served upon all parties and the Chief Administrative Law Judge by mail to the last known address. The decision will also be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the party charged has violated the law, the ARB shall order the party charged to take appropriate affirmative action to VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 abate the violation, including, where appropriate, reinstatement of the complainant to that person’s former position, together with the compensation (including back pay), terms, conditions, and privileges of that employment, and compensatory damages. At the request of the complainant, the Board shall assess against the named person all costs and expenses (including attorney and expert witness fees) reasonably incurred. The ARB’s order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the party charged has not violated the law, the ARB shall issue an order denying the complaint. If, upon the request of the named person, the Board determines that a complaint was frivolous or was brought in bad faith, the Board may award to the named person reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). 60. In § 1979.112, revise paragraph (a) to read as follows: ■ § 1979.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. A final order of the Secretary is not subject to judicial review in any criminal or other civil proceeding. * * * * * PART 1980—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 806 OF THE SARBANES–OXLEY ACT OF 2002, AS AMENDED 61. The authority citation for part 1980 is revised to read as follows: ■ Authority: 18 U.S.C. 1514A, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Public Law 111–203 (July 21, 2010); Secretary’s Order No. 01–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01–2020. 62. In § 1980.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 30621 § 1980.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB shall be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing all relief necessary to make the complainant whole, including reinstatement with the same seniority status that the complainant would have had but for the retaliation; back pay with interest; and compensation for any special damages sustained as a result of the retaliation, including litigation costs, expert witness fees, and reasonable attorney fees. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social E:\FR\FM\20MYR1.SGM 20MYR1 30622 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations Security Administration allocating any back pay award to the appropriate calendar quarters. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01– 2020 (or any successor to that order). (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). ■ 63. In § 1980.112, revise paragraph (a) to read as follows: § 1980.112 Judicial review. (a)Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1981—PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002 64. The authority citation for part 1981 continues to read as follows: ■ Authority: 49 U.S.C. 60129; Secretary’s Order No. 01–2020. 65. In § 1981.110, revise paragraphs (a), (c), (d), and (e) as follows: ■ § 1981.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the Administrative Law Judge, or a named person alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney’s fees, must file a written petition for review with the Administrative Review Board (‘‘the Board’’). The decision of the Administrative Law Judge will become the final order of the Secretary unless, pursuant to this section, a petition for review is timely filed with the Board. The petition for review must specifically identify the findings, conclusions, or orders to which VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 exception is taken. Any exception not specifically urged ordinarily will be deemed to have been waived by the parties. To be effective, a petition must be filed within 10 business days of the date of the decision of the Administrative Law Judge. The date of the postmark, facsimile transmittal, or email communication will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the Board. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. * * * * * (c) The decision of the Board shall be issued within 90 days of the conclusion of the hearing, which will be deemed to be the conclusion of all proceedings before the Administrative Law Judge— i.e., 10 business days after the date of the decision of the Administrative Law Judge unless a motion for reconsideration has been filed with the Administrative Law Judge in the interim. The decision will be served upon all parties and the Chief Administrative Law Judge by mail to the last known address. The decision will also be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the party charged has violated the law, the ARB shall order the party charged to take appropriate affirmative action to abate the violation, including, where appropriate, reinstatement of the complainant to that person’s former position, together with the compensation (including back pay), terms, conditions, and privileges of that employment, and compensatory damages. At the request of the complainant, the Board shall assess against the named person all costs and expenses (including attorney and expert witness fees) reasonably incurred. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the party charged has not violated the law, the ARB will issue an order denying the PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 complaint. If, upon the request of the named person, the Board determines that a complaint was frivolous or was brought in bad faith, the Board may award to the named person reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). ■ 66. In § 1981.112, revise paragraph (a) to read as follows: § 1981.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. A final order of the Secretary is not subject to judicial review in any criminal or other civil proceeding. * * * * * PART 1982—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE NATIONAL TRANSIT SYSTEMS SECURITY ACT AND THE FEDERAL RAILROAD SAFETY ACT 67. The authority citation for part 1982 is revised to read as follows: ■ Authority: 6 U.S.C. 1142 and 49 U.S.C. 20109; Secretary’s Order 01–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01–2020. 68. In § 1982.110, revise paragraph (a) and add paragraphs (c), (d), and (e) to read as follows: ■ § 1982.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint under NTSSA was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary, and on the Associate Solicitor, Division of Fair Labor Standards. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is denied or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision also will be served on the Assistant Secretary, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will include, where appropriate, affirmative action to abate the violation; reinstatement with the same seniority status that the employee would have had but for the retaliation; any back pay with interest; and payment of compensatory damages, including compensation for any special damages sustained as a result of the retaliation, including litigation costs, expert witness fees, and reasonable attorney fees. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit documentation to the Social Security Administration or the Railroad Retirement Board, as appropriate, allocating any back pay award to the appropriate months or calendar quarters. The order may also require the respondent to pay punitive damages up to $250,000. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint under NTSSA was frivolous or was brought in bad faith, the ARB VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). ■ 69. In § 1982.112, revise paragraph (a) to read as follows: § 1982.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1983—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008 70. The authority citation for part 1983 is revised to read as follows: ■ Authority: 15 U.S.C. 2087; Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order 01–2020. 71. In § 1983.110, revise paragraphs (a), (c), (d), and (e) as follows: ■ § 1983.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney’s fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 30623 (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent a reasonable attorney’s fee, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). ■ 72. In § 1983.112, revise paragraph (a) to read as follows: § 1983.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of E:\FR\FM\20MYR1.SGM 20MYR1 30624 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1984—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT 73. The authority citation for part 1984 is revised to read as follows: ■ Authority: 29 U.S.C. 218C; Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01– 2020. 74. In § 1984.110, revise paragraphs (a), (c), (d), and (e) as follows: ■ § 1984.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the Administrative Review Board (ARB). The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to the complainant’s former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate period. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). 75. In § 1984.112, revise paragraph (a) to read as follows: ■ § 1984.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 PART 1985—PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION ACT OF 2010 76. The authority citation for part 1985 is revised to read as follows: ■ Authority: 12 U.S.C. 5567; Secretary’s Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01– 2020. 77. In § 1985.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1985.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). ■ 78. In § 1985.112, revise paragraph (a) to read as follows: § 1985.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1986—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN’S PROTECTION ACT (SPA), AS AMENDED 79. The authority citation for part 1986 is revised to read as follows: ■ VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 Authority: 46 U.S.C. 2114; 49 U.S.C. 31105; Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01–2020. 80. In § 1986.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1986.110 Decisions and orders of the Administrative Review Board. (a) The Assistant Secretary or any other party desiring to seek review, including judicial review, of a decision of the ALJ must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review and all briefs must be served on the Assistant Secretary and, in cases in which the Assistant Secretary is a party, on the Associate Solicitor, Division of Occupational Safety and Health, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision also will be served on the Assistant Secretary and on the Associate Solicitor, Division of Occupational Safety and Health, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, with the same compensation, terms, conditions, and privileges of the complainant’s employment; payment of compensatory damages (back pay with interest and PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 30625 compensation for any special damages sustained as a result of the retaliation, including any litigation costs, expert witness fees, and reasonable attorney fees the complainant may have incurred); and payment of punitive damages up to $250,000. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). ■ 81. In § 1986.112, revise paragraph (a) to read as follows: § 1986.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the court of appeals of the United States for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1987—PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION ACT 82. The authority citation for part 1987 is revised to read as follows: ■ Authority: 21 U.S.C. 399d; Secretary’s Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01– 2020. 83. In § 1987.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1987.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of E:\FR\FM\20MYR1.SGM 20MYR1 30626 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case the conclusion of the hearing is the date the motion for reconsideration is denied or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). ■ 84. In § 1987.112, revise paragraph (a) to read as follows: § 1987.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1988—PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT (MAP–21) 85. The authority citation for part 1988 is revised to read as follows: ■ Authority: 49 U.S.C. 30171; Secretary’s Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01– 2020. 86. In § 1988.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1988.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor to that order). E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules and Regulations 87. In § 1988.112, revise paragraph (a) to read as follows: ■ § 1988.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * Title 41—Public Contracts and Property Management Office of Federal Contract Compliance Programs PART 50–203 RULES OF PRACTICE 88. The authority citation for part 50– 203 continues to read as follows: ■ Authority: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38, unless otherwise noted. 89. In § 50–203.21, revise paragraph (d) to read as follows: ■ § 50–203.21 to the Administrative Law Judge’s decision. ■ 92. Revise § 60–30.30 to read as follows: § 60–30.30 § 60–30.37 Decisions. * * * * * (d) Thereafter, the Administrative Review Board may issue a decision ruling upon each exception filed and including any appropriate wage determination. Any such decision shall be published in the Federal Register after it becomes the final action of the Department. PART 60—30 RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246 90. The authority citation for part 60– 30 continues to read as follows: ■ Authority: Executive Order 11246, as amended, 30 FR 12319, 32 FR 14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and 38 U.S.C. 4212, as amended. Administrative Order. After expiration of the time for filing, the Administrative Review Board, United States Department of Labor, shall make a decision which shall be served on all parties. If the Administrative Review Board, United States Department of Labor, concludes that the defendant has violated the Executive Order, the equal opportunity clause, or the regulations, an Administrative Order shall be issued enjoining the violations, and requiring the contractor to provide whatever remedies are appropriate, and imposing whatever sanctions are appropriate, or any of the above. In any event, failure to comply with the Administrative Order shall result in the immediate cancellation, termination, and suspension of the respondent’s contracts and/or debarment of the respondent from further contracts. ■ 93. Revise § 60–30.37 to read as follows: Final Administrative Order. After expiration of the time for filing exceptions, the Administrative Review Board, United States Department of Labor, shall issue an Administrative Order which shall be served on all parties. Unless the Administrative Review Board, United States Department of Labor, issues an Administrative Order within 30 days after the expiration of the time for filing exceptions, the Administrative Law Judge’s recommended decision shall become a final Administrative Order which shall become effective on the 31st day after expiration of the time for filing exceptions. Except as to specific time periods required in this subsection, 41 CFR 60–30.30 shall be applicable to this section. 30627 The Mine Safety and Health Administration (MSHA) is correcting a footnote in the preamble of a direct final rule that appeared in the Federal Register on January 14, 2020 and that became effective on March 16, 2020. The direct final rule revised certain safety standards for explosives at metal and nonmetal mines. DATES: Effective May 20, 2020. ADDRESSES: Federal Register Publications: Access rulemaking documents electronically at https://www.msha.gov/regulations/ rulemaking or http:// www.regulations.gov [Docket Number: MSHA–2019–0007]. Email Notification: To subscribe to receive email notification when MSHA publishes rulemaking documents in the Federal Register, go to https:// www.msha.gov/subscriptions. FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at fontaine.roslyn@ dol.gov (email), 202–693–9440 (voice), or 202–693–9441 (fax). These are not toll-free numbers. SUPPLEMENTARY INFORMATION: In FR Doc. 2019–28446 appearing on page 2022 in the Federal Register of Tuesday, January 14, 2020, the following correction is made: On page 2023, in the third column, under II. Background, A. General Discussion, footnote 1 is corrected to read: ‘‘MSHA considers detonators fired by a shock tube and incorporating a preprogrammed microchip delay rather than a pyrotechnic one to be nonelectric detonators, not electronic detonators.’’ SUMMARY: David G. Zatezalo, Assistant Secretary of Labor for Mine Safety and Health Administration. [FR Doc. 2020–08859 Filed 5–19–20; 8:45 am] BILLING CODE 4520–43–P [FR Doc. 2020–10909 Filed 5–19–20; 8:45 am] BILLING CODE 4510–HL–P 91. Revise § 60–30.29 to read as follows: FEDERAL COMMUNICATIONS COMMISSION DEPARTMENT OF LABOR 47 CFR Part 11 § 60–30.29 Mine Safety and Health Administration [EB Docket No. 04–296; PS Docket No. 15– 94; FRS 16653] ■ Record. After expiration of the time for filing briefs and exceptions, the Administrative Review Board, United States Department of Labor, shall make a decision, which shall be the Administrative order, on the basis of the record. The record shall consist of the record for recommended decision, the rulings and recommended decision of the Administrative Law Judge and the exceptions and briefs filed subsequent VerDate Sep<11>2014 16:29 May 19, 2020 Jkt 250001 30 CFR Parts 56 and 57 Review of the Emergency Alert System [Docket No. MSHA–2019–0007] Electronic Detonators; Correction Mine Safety and Health Administration, Labor. ACTION: Direct final rule; correction. AGENCY: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 Federal Communications Commission. ACTION: Final rule. AGENCY: RIN 1219–AB88 In this document, the Federal Communications Commission (FCC or Commission) partially grants a petition for partial reconsideration of the SUMMARY: E:\FR\FM\20MYR1.SGM 20MYR1

Agencies

[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Rules and Regulations]
[Pages 30608-30627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10909]


=======================================================================
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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Parts 641, 655, 656, 658, 667, 683, and 702

Office of the Secretary

29 CFR Parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and 96

Office of Labor-Management Standards

29 CFR Part 471

Wage and Hour Division

29 CFR Parts 501 and 580

Occupational Safety and Health Administration

29 CFR Parts 1978 through 1988

Office of Federal Contract Compliance Programs

41 CFR Parts 50-203 and 60-30

RIN 1290-AA39


Rules Concerning Discretionary Review by the Secretary

AGENCY: Office of the Secretary

ACTION: Final rule.

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SUMMARY: The Department of Labor is issuing this final rule to 
establish a system of discretionary secretarial review over cases 
pending before or decided by the Board of Alien Labor Certification 
Appeals and to make technical changes to Departmental regulations 
governing the timing and finality of decisions of the Administrative 
Review Board and the Board of Alien Labor Certification Appeals to 
ensure consistency with the new discretionary review processes 
established in this rule and in Secretary's Order 01-2020.

DATES: This final rule is effective June 19, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the 
Appellate Boards, at 202-693-6319 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Two of the four review boards within the Department of Labor were 
created by voluntary delegations of authority by previous Secretaries 
of Labor. Specifically, the Administrative Review

[[Page 30609]]

Board (ARB)--which has authority to hear appeals from the decisions of 
the Department's Office of Administrative Law Judges (OALJ) about 
certain immigration, child labor, employment discrimination, federal 
construction/service contracts, and other issues--and the Board of 
Alien Labor Certification Appeals (BALCA)--which has authority over 
appeals from the decisions of the Employment and Training 
Administration's adjudication of foreign labor certification 
applications--were created, respectively, by a Secretary's Order and by 
regulation. Their existence is neither compelled nor governed by 
statute. Notably, before the ARB was created in 1996, many of the types 
of cases now subject to its jurisdiction were decided directly by the 
Secretary. Each board was also entrusted with the power to issue final 
agency decisions in the name of the Secretary. Previously, the 
Secretary's Order and regulations establishing the ARB and BALCA 
provide no mechanism by which the Secretary can review, where 
necessary, the decisions of the officers who exercise power on his 
behalf.
    To ensure that the Secretary has the ability to properly supervise 
and direct the actions of the Department, the Department is 
establishing systems of discretionary secretarial review over the 
decisions of the ARB and decisions of and appeals before BALCA, which 
is being accomplished through this rule and the earlier issuance of a 
Secretary's Order governing the ARB. The Department's authority to 
effect these reforms derives from 5 U.S.C. 301, which authorizes the 
heads of agencies to regulate the internal operations of their 
departments; 5 U.S.C. 305, which provides for continuing review of 
agency operations; and the Secretary's authority to administer the 
statutes and programs at issue in ARB and BALCA proceedings. In 
combination, these statutes establish many of the powers of the 
Department within the Office of the Secretary, and give the Secretary 
wide latitude to delegate those powers to his subordinates on the terms 
he deems appropriate. Thus, the Secretary has the power to delegate his 
authority to appropriately supervise the adjudicatory process within 
the Department, and is now exercising that same authority to assert his 
decision-making prerogatives duly assigned to him by Congress by 
modifying the terms on which the members of the ARB and BALCA exercise 
his delegated authority.
    The reforms to BALCA (and conforming edits to various Departmental 
regulations governing the ARB, BALCA, and the OALJ) preserve the 
existing structures by which the Department processes adjudications 
while giving the Secretary the option, in his sole discretion, to 
initiate review directly in a case where the Secretary's involvement is 
necessary and appropriate. Again, Congress has assigned the 
administration of various statutes to the Secretary of Labor, meaning 
that the Secretary is obligated to ensure that those laws are 
administered, executed, interpreted, and enforced according to law and 
Executive Branch priorities and policies. Under these reforms, the 
Secretary will rely on the ARB and BALCA to assist in identifying cases 
where secretarial review may be warranted. Consistent with the practice 
of other agencies, the Department does not anticipate that the power of 
secretarial review will be used often. The Department similarly 
anticipates that secretarial review--while completely within the 
Secretary's discretion as the officer assigned to administer the laws 
in the first place--will typically be reserved for matters of 
significant importance. With respect to the provisions revised by this 
rule under which decisions of the ARB become final, the Department 
notes that such decisions become final irrespective of whether a 
petition for secretarial review is filed under Secretary's Order 01-
2020. Parties are not required by Secretary's Order 01-2020 to file 
petitions to exhaust their administrative remedies. See Darby v. 
Cisneros, 509 U.S. 137 (1993). Finally, the Department will ensure that 
the secretarial review process will be accomplished in a manner that 
complies with any applicable legal requirements.
    Because of significant differences between how the ARB and BALCA 
operate, the systems of review for each board are designed somewhat 
differently. Most importantly, whereas with respect to the ARB the 
Secretary will not exercise review over cases until after a decision 
has been rendered, the regulations modifying BALCA's authority allow 
the Secretary to assume jurisdiction over most cases even before a 
decision has been issued. This is because BALCA processes significantly 
more cases each year than does the ARB, and, due to the nature of the 
temporary visa programs and DOL's role in administering these programs, 
does so much more quickly than does the ARB. As a result, under the 
BALCA regulations, the Secretary will be able to initiate review of a 
case even before BALCA has issued a decision.
    The Department appreciates the expeditious nature of many types of 
BALCA proceedings, such as those involving temporary labor 
certification, and does not anticipate that the new system of 
secretarial review established over such cases will significantly 
disrupt or otherwise impede the way such cases are currently processed. 
As noted above, the Department expects that secretarial review over 
BALCA decisions will, as with agency head review at other departments, 
likely not be exercised often. Further, the changes to 29 CFR 18.95 
provide that a BALCA decision is the Secretary's final administrative 
decision unless the Secretary assumes jurisdiction over the case. For 
example, once the BALCA issues a decision that affirms the Certifying 
Officer's decision or reverses and remands for further processing, the 
parties in the case will be able to proceed immediately to the next 
step of the application process, and will only be delayed in doing so 
if the Secretary later decides to undertake review. Moreover, the 
revised 29 CFR 18.95 limits any potential uncertainty that may exist 
because of the possibility of secretarial review by placing strict time 
limits on when the Secretary will have the option of assuming 
jurisdiction over a case.

II. Discussion of Changes

    This final rule revises several sections of the Code of Federal 
Regulations including 20 CFR parts 641, 655, 656, 658, 667, 683, and 
702; 29 CFR parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and 96; 29 CFR parts 
417 and 471; 29 CFR parts 501 and 580; 29 CFR parts 1978-1988; and 41 
CFR parts 50-203 and 60-30 to harmonize the manner in which the ARB 
issues decisions on behalf of the Secretary under the Department's 
regulations with the scope of the final decision-making authority 
delegated to the ARB by the Secretary in Secretary's Order 01-2020. 
Specifically, references to final decisions of the ARB have been 
modified or removed to ensure that no regulation contradicts the terms 
on which an ARB decision becomes final under the Secretary's Order. 
Certain provisions governing the timing of petitions for review to the 
ARB and when the ARB is required to issue decisions have also been 
amended to eliminate potential ambiguity or confusion over the 
distinction between when the ARB is required to issue a decision and 
when such decision becomes the final action of the Department pursuant 
to the Secretary's Order.
    This rule also revises 29 CFR part 18 by modifying the conditions 
under which a decision of BALCA becomes the final decision of the 
Department and by creating a process by which the Secretary of Labor 
can exercise discretionary review over cases pending

[[Page 30610]]

before or decided by the BALCA. Technical amendments are also made to 
20 CFR parts 655 and 656 to harmonize the manner in which BALCA issues 
decisions on behalf of the Secretary with the new system of 
discretionary review established in 29 CFR part 18.
    The Department of Labor and the Department of Homeland Security 
(DHS) have determined that it is appropriate to issue a separate rule 
regarding the Secretary of Labor's review authority over H-2B cases 
under 29 CFR 18.95 to address the same issues addressed by this rule in 
the H-2B context. It is the Departments' intent to promulgate this 
separate rule after the publication of this rule. This determination 
follows conflicting court decisions concerning DOL's authority to issue 
legislative rules on its own to carry out its duties in the H-2B 
program. Although DOL and DHS each have authority to issue rules 
implementing their respective duties in the H-2B program, including 
rules providing for secretarial review, the Departments plan to make 
the amendments to the applicable regulations jointly to ensure that 
there can be no question about the authority underlying such technical 
amendments. This approach is consistent with the joint rulemaking 
governing the Temporary Non-Agricultural Employment of H-2B Aliens in 
the United States, 80 FR 24042 (Apr. 29, 2015) (codified at 8 CFR part 
214, 20 CFR part 655, and 29 CFR part 503).
    In order to ensure that all parties appearing before the ARB and 
BALCA have fair notice of the new systems of discretionary review 
established in this rulemaking and in Secretary's Order 01-2020, the 
Secretary will not exercise his review authority over any decision of 
either Board issued before the passage of 30 calendar days from the 
date on which this rule becomes effective.

III. Response to Comments

    On March 6, 2020, the Department simultaneously published a direct 
final rule (DFR) and a notice of proposed rulemaking (NPRM) to effect 
the reforms described above. The Department treated comments received 
on the companion NPRM as comments also regarding the DFR, and vice 
versa. We describe the NPRM and DFR together as the ``NPRM-DFR.'' Some 
comments raised concerns while others expressed support for the 
Department's NPRM-DFR. After carefully considering the comments 
received, the Department determined that none of the comments required 
refraining to make the revisions set forth in the NPRM-DFR, as 
explained in more detail below, and has decided to issue this final 
rule, which, with the exception of one substantive change described 
below and some technical corrections,\1\ is identical to the NPRM-DFR.
---------------------------------------------------------------------------

    \1\ Technical corrections have been made to 29 CFR 2.8; 29 CFR 
7.1(d); 29 CFR 8.1(c); 29 CFR 10.57(c); 29 CFR 13.57(c); and 29 CFR 
parts 1978-1988.
---------------------------------------------------------------------------

    By its terms, the DFR became effective on April 20, 2020. However, 
because the Department received significant adverse comments on the 
NPRM-DFR, the Department has not exercised, and does not intend to 
exercise any authority under the provisions contained in the DFR, and 
the Department has not published in the Federal Register a document 
confirming the effective date of the DFR and withdrawing the NPRM. 
Rather, the Department is now issuing this final rule to respond to the 
comments received and to finalize the NPRM.
    The Department received multiple adverse comments to the NPRM-DFR. 
The commenters expressed concerns that the new systems of discretionary 
review in the NPRM-DFR and established in Secretary's Order 01-2020 
would result in significant delays in the resolution of cases. Further, 
some commenters argued that secretarial review would result in 
inconsistencies in how the Department decides cases, and also faulted 
the NPRM-DFR for not specifying the standards under which the Secretary 
would exercise review, which some commenters suggested would jeopardize 
the fairness and due process afforded parties in Department 
adjudications. Other concerns raised by commenters included a purported 
lack of data or other justifications for the proposed system of 
discretionary review and objections to the propriety of the direct 
final rulemaking process. Finally, some commenters suggested that the 
rule should include more public reporting requirements to increase 
transparency with respect to how the Secretary exercises his review 
authority.
    The Department believes that many of the objections raised by the 
commenters are already addressed by the provisions in the NPRM-DFR, and 
also notes that some of the concerns are about the contents of 
Secretary's Order 01-2020, which became effective on February 21, 2020, 
and was not the subject of this rulemaking. To the extent the 
commenters' concerns relate to Secretary's Order 01-2020, and not the 
rule, the Department addresses them here insofar as doing so is helpful 
in more fully explaining how the new systems of discretionary review 
work.
    As explained earlier in this preamble, the Department does not 
anticipate that discretionary review will be frequently exercised. The 
vast run of cases decided by the Department will therefore be minimally 
affected in the rate at which they are processed. Importantly, the 
timeline set for when BALCA decisions become final under the new rule 
is unchanged, except with respect to cases over which the Secretary 
decides to exercise review.
    Some commenters argued that, despite BALCA decisions becoming final 
upon issuance, employers would still be delayed in moving on to the 
next step of the visa application process because they would have to 
wait until the time period for secretarial review elapsed, and that the 
time periods in which the Secretary is permitted to undertake review 
are unnecessarily long. Commenters were specifically concerned with the 
timing available for the Secretary to invoke jurisdiction over a case 
and the lack of a deadline for the Secretary to make a decision, 
particularly regarding the H-2A program given the time-sensitive nature 
of the program. One commenter also suggested that the proposal is 
inconsistent with Section 218(e) of the INA.
    The Department does not agree with these assertions. For one thing, 
the possibility that the Secretary may undertake review of a BALCA 
decision that has become final no more impedes an employer's ability to 
proceed to the next step in the visa application process than does the 
possibility that BALCA may consider, and possibly grant, a motion for 
reconsideration. Like the possibility of reconsideration, secretarial 
review will be uncommon and will not significantly delay action on a 
final BALCA decision. The time periods specified in this rule in which 
secretarial review is allowed are included to limit further the already 
minimal uncertainty that the chance of secretarial review might create 
for employers by placing a strict time constraint on when secretarial 
review is even possible. Finally, the Secretary's authority to review 
BALCA decisions does not conflict with the INA. If an employer requests 
a de novo hearing, they are entitled to that hearing in accordance with 
the Department's regulations. It is only after that hearing that the 
Secretary can exercise their authority to review the ALJ's decision 
from that hearing.
    In response to one commenter's question of whether the Department 
will refund a filing fee paid to United States Citizenship and 
Immigration Services (USCIS) in the event the Secretary undertakes 
review after the fee has been submitted, the Department notes that

[[Page 30611]]

USCIS's refund policy is outside the Department's control. The 
Department notes, however, that this final rule reduces the limited 
risk of costs being incurred without a refund by allowing the Secretary 
to undertake review of cases pending before the BALCA before a decision 
is issued. That feature of the rule is formulated in recognition of the 
expeditious nature of many BALCA cases and ensures that, wherever 
possible, the Secretary may review a case before a party has filed a 
petition with USCIS.
    As to the ARB, the Department notes that the ARB currently takes on 
average nineteen months to process a case; the up-to approximately two 
months' more \2\ added by Secretary's Order 01-2020 to allow the 
Secretary time to determine whether to undertake review is not 
unreasonable. A modest extension of case processing times to give the 
Secretary the opportunity to ensure a case was properly decided is not, 
in the Department's judgment, inconsistent with the fair and timely 
adjudication of administrative appeals. The Department also believes 
that additional delay in the issuance of a final decision in the 
uncommon cases where the Secretary has undertaken review is appropriate 
and consistent with current practices at the Department.
---------------------------------------------------------------------------

    \2\ Under Secretary's Order 01-2020, the maximum period of time 
possible between when the ARB issues a decision and when the 
decision becomes final in cases where the Secretary does not 
undertake review is 63 calendar days, or nine weeks. In particular, 
the Order allows parties up to 14 calendar days to file a petition 
for secretarial review after the ARB's decision has been issued. The 
ARB then has up to 21 calendar days from the date the petition was 
filed to determine whether to refer the decision to the Secretary 
for review. In cases where the ARB has referred the decision to the 
Secretary, the Secretary has up to 28 calendar days from the date of 
referral to decide whether to undertake review. Thus, it is possible 
under the Order that a decision of the ARB would not become final 
until 63 calendar days after the decision was issued. See 
Secretary's Order 01-2020--Delegation of Authority and Assignment of 
Responsibility to the Administrative Review Board, 85 FR 13186, 
13187-88 (March 6, 2020). However, there are a variety of 
circumstances that can shorten the period between when a decision is 
issued and when it becomes final. See id.
---------------------------------------------------------------------------

    Contrary to some commenters' concerns that secretarial review will 
lead to inconsistency and inefficiencies in Department adjudications 
because of the supposed haphazard manner in which they believe the 
review power will be exercised, the Department expects that it will in 
fact increase consistency and efficiency. Decisions of the Secretary 
under this rule and Secretary's Order 01-2020 are binding on all 
Department employees, and thus will serve as authoritative 
pronouncements within the Department on the statutes and regulations 
within the BALCA's and ARB's jurisdictions. That will serve to improve 
the consistency and efficiency of Department adjudications.
    Commenters similarly suggested that the Department establish with 
more specificity both the standards the Secretary will use when 
deciding to exercise his authority and the standards that will govern 
the Secretary's review of a case. The Department does not believe that 
further specification of the standards that govern discretionary review 
is necessary to ensure the proper use of this power. When review is 
undertaken, the Secretary will adhere to all relevant sources of law, 
including, where applicable, 5 U.S.C. 557(b), which sets a standard of 
review for administrative appeals in formal adjudications. Further, 
providing that, generally, cases will be subject to secretarial review 
only if they present a matter of exceptional importance strikes the 
right balance between providing some clarity about when review will be 
undertaken while not unnecessarily precluding review in cases where 
secretarial involvement may be warranted under circumstances that are 
difficult to anticipate.
    Several commenters raised concerns that the system of discretionary 
secretarial review does not adequately protect due process rights or 
risks undermining the fundamental fairness of DOL adjudications, 
including by failing to provide a mechanism for the parties to the 
proceeding to be notified when the Secretary exercises his discretion, 
the relevant issues under consideration, the lack of timeframe for the 
Secretary to make a decision, and a concern that the process will only 
be used to reverse decisions unfavorable to the Department. The 
Department notes that this final rule contains a number of important 
fairness safeguards, and does not believe that further protections are 
necessary. Whenever review of cases pending before or decided by BALCA 
is undertaken by the Secretary, parties are to be promptly notified. 
The Secretary is also to receive the Appeal File and any briefs filed 
to ensure parties have an opportunity to be heard. Further, the 
Secretary must state his decision in writing, and the parties are to be 
promptly notified of his decision. Finally, this rule provides that no 
individual involved in the investigation or prosecution of a case will 
advise the Secretary on the exercise of review with respect to that 
case or a case involving a common nucleus of operative fact.\3\ This 
ensures the integrity of the review process by preventing the 
intermingling of functions within the Department. The Department also 
notes that the APA's separation of functions provision does not apply 
to the heads of agencies. 5 U.S.C. 554(d)(C). Finally, to the extent 
commenters have suggested that the Secretary will in all cases rule for 
the Department or a preferred party, or only consider undertaking 
review in cases where the Department lost before the BALCA, the 
Department regards those concerns as unfounded, and reiterates that the 
Secretary will decide all cases in accordance with law.
---------------------------------------------------------------------------

    \3\ For example, a Department attorney who substantively 
participates in a hearing before BALCA would not advise the 
Secretary on that case if it were reviewed.
---------------------------------------------------------------------------

    Some commenters' objected that the Department's reasons for 
establishing discretionary secretarial review do not sufficiently 
justify the rule, including failing to provide evidence or data that 
the ARB and BALCA issue obviously wrong decisions on a regular-enough 
basis to justify the establishment of this procedure.
    The Department reiterates that ensuring the Secretary's ability to 
supervise and direct functions of the Department that are entrusted to 
his care by Congress is a compelling reason for the rule taken on its 
own terms, and will promote good governance within the Department. The 
Department does not believe it is unreasonable for the Secretary to 
execute the duties he has been assigned by Congress. As for evidence, 
past experience with the unreviewability of BALCA decisions indicates 
that it is necessary for the Secretary to have the option of reviewing 
decisions issued on his behalf lest disagreement on law and policy 
within the Department lead to protracted uncertainty and intractable 
problems for regulated communities. See, e.g., Withdrawal of Notice of 
Intent To Issue a Declaratory Order, 85 FR 14706, 14708 (March 13, 
2020) (recounting historical facts). The overall effect of this process 
will be to establish binding secretarial precedent on certain issues, 
which will ensure consistency in the Department's review and 
adjudication of matters, ultimately saving time and providing greater 
certainty for the regulated community.
    Some commenters objected that this rule is being promulgated 
through improper procedures, and specifically argued that the DFR 
process is not permitted under the APA. The Department disagrees. The 
Department emphasizes that, while it does not believe it was required 
to issue this procedural rule through notice-and-comment procedures, it 
nevertheless

[[Page 30612]]

gave the public the opportunity to comment through the NPRM, received 
public submissions on the NPRM-DFR, and is now issuing this final rule 
having considered and responded to those submissions.
    As to commenters' suggestions regarding transparency and the public 
reporting of decisions rendered by the Secretary, the Department notes 
that Secretary's Order 01-2020 already requires the publication of such 
decisions issued following the review of an ARB decision. Because the 
Department agrees with commenters that publishing decisions is an 
appropriate and effective way for the public to be informed about how 
the discretionary review power is exercised, the Department is adding 
an express publication requirement to 29 CFR 18.95(c)(2)(iii) for 
secretarial decisions issued after the review of cases decided by or 
pending before the BALCA. Commenters' other suggestions to promote 
transparency, including requiring BALCA to notify an employer of 
recommendations to the Secretary or for the Secretary to provide public 
explanations of his reasons for declining review in cases and providing 
the public with additional information about how the Secretary has 
handled specific referrals under Secretary's Order 01-2020, would, in 
Department's judgment, introduce more inefficiencies into the review 
processes than are warranted by the marginal benefits such transparency 
measures would generate.
    Finally, the Department declines to grant some commenters' request 
for an extension of the comment period. The NPRM-DFR was not long or 
complex relative to other proposed rules issued by the Department. 
Further, the NPRM-DFR was made public on the Department's website on 
February 21, meaning interested parties have had notice of and have had 
the opportunity to examine it and to prepare comments for longer than 
the 30 days provided for comment. Some commenters argued that the 
disruption caused by the coronavirus pandemic, including the closure of 
law libraries or other institutions that commenters may use as a 
resource to submit comments, justifies an extension. The Department 
notes that while the pandemic has caused general disruption to the 
lives of all Americans, comments to proposed rules can be submitted 
electronically and do not rely on physical means of delivery or 
preparation that may be hindered by the pandemic, and that the research 
and work needed to prepare comments can also generally be carried on 
through electronic means.
    To the extent that DOL received comments unrelated to the proposal 
to establish a system of discretionary secretarial review, such 
comments are outside the scope of this rulemaking. DOL did not consider 
any other aspects of its administrative adjudicative processes, either 
explicitly or implicitly, as part of this rulemaking. As such, DOL 
declines to address any comments unrelated to this very narrow 
rulemaking.

IV. Rulemaking Analyses and Notices

Executive Orders 12866, Regulatory Planning and Review, and 13563, 
Improving Regulation and Regulatory Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    This rule has been drafted and reviewed in accordance with 
Executive Order 12866. The Department of Labor, in coordination with 
the Office of Management and Budget (OMB), determined that this rule is 
not a significant regulatory action under section 3(f) of Executive 
Order 12866 because the rule will not have an annual effect on the 
economy of $100 million or more; will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; and will not materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof. Furthermore, the rule does not raise 
a novel legal or policy issue arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    Accordingly, OMB has waived review.\4\
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    \4\ One commenter objected to the lack of a cost-benefit 
analysis. This rule reflects revisions to the Department's internal 
review processes, which do not change any party's substantive rights 
or obligations. As discussed above, these internal Departmental 
revisions do not raise applicable novel issues nor are they expected 
to have an annual effect of $100 million or more.
---------------------------------------------------------------------------

Regulatory Flexibility Act of 1980

    Because no notice of proposed rulemaking was required for this rule 
under section 553 of the Administrative Procedure Act, the regulatory 
flexibility analysis requirements of the Regulatory Flexibility Act, 5 
U.S.C. 603, 604, do not apply to this rule. See 5 U.S.C. 601(2).

Paperwork Reduction Act

    The Department has determined that this rule is not subject to the 
requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., as 
this rulemaking does not involve any collections of information. See 5 
CFR 1320.3(c).

Unfunded Mandates Reform Act of 1995 and Executive Order 13132, 
Federalism

    The Department has reviewed this rule in accordance with the 
requirements of Executive Order 13132 and the Unfunded Mandates Reform 
Act of 1995, 2 U.S.C. 1501 et seq., and has found no potential or 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. As there 
is no Federal mandate contained herein that could result in increased 
expenditures by State, local, and tribal governments, or by the private 
sector, the Department has not prepared a budgetary impact statement.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    The Department has reviewed this rule in accordance with Executive 
Order 13175 and has determined that it does not have ``tribal 
implications.'' The rule does not ``have substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal government and Indian tribes.''

List of Subjects

20 CFR Part 641

    Administrative practice and procedure, Grievance procedure and 
appeals process, Senior Community Service Employment Program, Services 
to participants.

20 CFR Part 655

    Administrative practice and procedure, Labor certification 
processes for temporary employment.

20 CFR Part 656

    Administrative practice and procedure, Fraud, Reporting and 
recordkeeping requirements, Wages.

[[Page 30613]]

20 CFR Part 658

    Administrative practice and procedure, Complaint system; 
Discontinuation of services, State workforce agency compliance, Federal 
application of remedial action to state workforce agencies, Wagner-
Peyser Act Employment Service.

20 CFR Part 667

    Adjudication and Judicial Review, Administrative practice and 
procedure; Oversight and monitoring, Grievance procedures, complaints, 
and state appeal processes, Sanctions, corrective actions, and waiver 
of liability, Reporting and recordkeeping requirements, Resolution of 
findings, Workforce Investment Act.

20 CFR Part 683

    Adjudication and judicial review, Administrative practice and 
procedure, Funding and closeout, Grievance procedures, complaints, and 
State appeal processes; Oversight and resolution of findings, Pay-for-
performance contract strategies, Reporting and recordkeeping 
requirements, Rules, costs, and limitations, Sanctions, corrective 
actions, and waiver of liability, Workforce Innovation And Opportunity 
Act.

20 CFR Part 702

    Administrative practice and procedure, Claims, Penalties, Reporting 
and recordkeeping requirements, Whistleblowing, Workers' compensation.

29 CFR Part 2

    Administrative practice and procedure, Claims, Courts, Government 
employees.

29 CFR Part 7

    Administrative practice and procedure, Government contracts, 
Minimum wages.

29 CFR Part 8

    Administrative practice and procedure, Government contracts, 
Minimum wages.

29 CFR Part 10

    Administrative practice and procedure, Construction industry, 
Government procurement, Law enforcement, Reporting and recordkeeping 
requirements, Wages.

29 CFR Part 13

    Administrative practice and procedure, Government contracts, Law 
enforcement, Reporting and recordkeeping requirements, Wages.

29 CFR Part 18

    Administrative practice and procedure.

29 CFR Part 24

    Administrative practice and procedure, Review of other proceedings 
and related matters, Review of wage determinations.

29 CFR Part 29

    Administrative practice and procedure, Apprenticeship programs, 
Labor standards, State apprenticeship agencies.

29 CFR Part 38

    Administrative practice and procedure, Compliance procedures, 
Obligations of recipients and governors, Workforce Innovation and 
Opportunity Act.

29 CFR Part 96

    Administrative practice and procedure, Audit requirements, Grants, 
contracts, and other agreements.

29 CFR Part 471

    Administrative practice and procedure, Complaint procedures, 
Compliance review, Contractor obligations, Federal labor law.

29 CFR Part 501

    Administrative practice and procedure, Contract obligations; 
Enforcement, Immigration and Nationality Act, Temporary alien 
agricultural workers.

29 CFR Part 580

    Administrative practice and procedure, Assessing and contesting, 
Civil money penalties.

29 CFR Part 1978

    Administrative practice and procedure; Employee protection; 
Findings, Investigations, Litigation, Retaliation complaints, Surface 
Transportation Assistance Act of 1982.

29 CFR Part 1979

    Administrative practice and procedure, Employee protection, 
Findings, Litigation, Investigations, Retaliation complaints, Wendell 
H. Ford Aviation Investment and Reform Act for the 21st Century.

29 CFR Part 1980

    Administrative practice and procedure, Employee protection, 
Findings, Investigations, Litigation, Retaliation complaints, Sarbanes-
Oxley Act of 2002.

29 CFR Part 1981

    Administrative practice and procedure, Employee protection, 
Findings, Litigation, Investigations, Pipeline Safety Improvement Act 
of 2002, Retaliation complaints.

29 CFR Part 1982

    Administrative practice and procedure, Employee protection, Federal 
Railroad Safety Act, Findings, Investigations, Litigation, National 
Transit Systems Security Act, Retaliation complaints.

29 CFR Part 1983

    Administrative practice and procedure, Consumer Product Safety 
Improvement Act of 2008, Employee protection, Findings, Investigations, 
Litigation, Retaliation complaints.

29 CFR Part 1984

    Administrative practice and procedure, Affordable Care Act, 
Employee protection, Findings, Investigations, Litigation, Retaliation 
complaints.

29 CFR Part 1985

    Administrative practice and procedure, Consumer Financial 
Protection Act of 2010, Employee protection, Findings, Investigations, 
Litigation, Retaliation complaints.

29 CFR Part 1986

    Administrative practice and procedure, Employee protection, 
Findings, Investigations, Litigation, Retaliation complaints, Seaman's 
Protection Act.

29 CFR Part 1987

    Administrative practice and procedure, Employee protection, FDA 
Food Safety Modernization Act, Findings, Investigations, Litigation, 
Retaliation complaints.

29 CFR Part 1988

    Administrative practice and procedure, Employee protection, 
Findings, Investigations, Litigation, Moving Ahead for Progress in the 
21st Century Act, Retaliation complaints.

41 CFR Part 50-203

    Administrative practice and procedure, Government procurement, 
Minimum wages, Occupational safety and health.

41 CFR Part 60-30

    Administrative practice and procedure, Equal opportunity, Executive 
Order 11246, Property management, Public contracts.


[[Page 30614]]


    Dated: May 15, 2020.
Eugene Scalia,
Secretary of Labor.

    For the reasons set forth in the preamble, the Department of Labor 
amends 20 CFR chapters V and VI; 29 CFR subtitle A and chapters IV, V, 
and XVII, and 41 CFR parts 50-203 and 60-30 as follows:

Title 20--Employees' Benefits

Employment and Training Administration

PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE 
EMPLOYMENT PROGRAM

0
1. The authority citation for part 641 continues to read as follows:

    Authority:  42 U.S.C. 3056 et seq.; Pub. L. 114-144, 130 Stat. 
334 (Apr. 19, 2016).


0
2. In Sec.  641.900, revise paragraph (e) to read as follows:


Sec.  641.900   What appeal process is available to an applicant that 
does not receive a grant?

* * * * *
    (e) The decision of the ALJ constitutes final agency action unless, 
within 21 days of the decision, a party dissatisfied with the ALJ's 
decision, in whole or in part, has filed a petition for review with the 
Administrative Review Board (ARB) (established under Secretary's Order 
No. 01-2020), specifically identifying the procedure, fact, law, or 
policy to which exception is taken. The mailing address for the ARB is 
200 Constitution Ave. NW, Room N5404, Washington, DC 20210. The 
Department will deem any exception not specifically urged to have been 
waived. A copy of the petition for review must be sent to the grant 
officer at that time. If, within 30 days of the filing of the petition 
for review, the ARB does not notify the parties that the case has been 
accepted for review, then the decision of the ALJ constitutes final 
agency action. In any case accepted by the ARB, a decision must be 
issued by the ARB within 180 days of acceptance. If a decision is not 
so issued, the decision of the ALJ constitutes final agency action.
* * * * *

0
3. In Sec.  641.920, revise paragraph (d)(5) to read as follows:


Sec.  641.920   What actions of the Department may a grantee appeal and 
what procedures apply to those appeals?

* * * * *
    (d) * * *
    (5) The decision of the ALJ constitutes final agency action unless, 
within 21 days of the decision, a party dissatisfied with the ALJ's 
decision, in whole or in part, has filed a petition for review with the 
ARB (established under Secretary's Order No. 01-2020), specifically 
identifying the procedure, fact, law, or policy to which exception is 
taken. The mailing address for the ARB is 200 Constitution Ave. NW, 
Room N5404, Washington, DC 20210. The Department will deem any 
exception not specifically argued to have been waived. A copy of the 
petition for review must be sent to the grant officer at that time. If, 
within 30 days of the filing of the petition for review, the ARB does 
not notify the parties that the case has been accepted for review, then 
the decision of the ALJ constitutes final agency action. In any case 
accepted by the ARB, a decision must be issued by the ARB within 180 
days of acceptance. If a decision is not so issued, the decision of the 
ALJ constitutes final agency action.

PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED 
STATES

0
4. The authority citation for part 655 continues to read as follows:

    Authority:  Section 655.0 issued under 8 U.S.C. 
1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 
1103(a)(6), 1182(m), (n), and (t), 1184(c), (g), and (j), 1188, and 
1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102 
(8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 
5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105 
Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 
107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8 
U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 
(8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat. 
2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 
214.2(h)(4)(i); 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115-218, 
132 Stat. 1547 (48 U.S.C. 1806).
    Subpart A issued under 8 CFR 214.2(h).
    Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), 
and 1188; and 8 CFR 214.2(h).
    Subpart E issued under 48 U.S.C. 1806.
    Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec. 
323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note, 
Pub. L. 114-74 at section 701.
    Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and 
(b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub. 
L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), 
Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 
note, Pub. L. 114-74 at section 701.
    Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 
1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 
1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).

0
5. In Sec.  655.171, revise paragraphs (a) and (b)(2) to read as 
follows:


Sec.  655.171   Appeals.

* * * * *
    (a) Administrative review. Where the employer has requested 
administrative review, within 5 business days after receipt of the ETA 
administrative file the ALJ will, on the basis of the written record 
and after due consideration of any written submissions (which may not 
include new evidence) from the parties involved or amici curiae, either 
affirm, reverse, or modify the CO's decision, or remand to the CO for 
further action. The decision of the ALJ must specify the reasons for 
the action taken and must be immediately provided to the employer, the 
CO, the OFLC Administrator and DHS by means normally assuring next-day 
delivery.
    (b) * * *
    (2) Decision. After a de novo hearing, the ALJ must affirm, 
reverse, or modify the CO's determination, or remand to the CO for 
further action, except in cases over which the Secretary has assumed 
jurisdiction pursuant to 29 CFR 18.95. The decision of the ALJ must 
specify the reasons for the action taken and must be immediately 
provided to the employer, CO, OFLC Administrator, and DHS by means 
normally assuring next-day delivery.

0
6. In Sec.  655.181, revise paragraph (b)(3) to read as follows:


Sec.  655.181   Revocation.

* * * * *
    (b) * * *
    (3) Appeal. An employer may appeal a Notice of Revocation, or a 
final determination of the OFLC Administrator after the review of 
rebuttal evidence, according to the appeal procedures of Sec.  655.171.
* * * * *

0
7. In Sec.  655.182, revise paragraph (f)(6) to read as follows:


Sec.  655.182   Debarment.

* * * * *
    (f) * * *
    (6) ARB decision. The ARB's decision must be issued within 90 days 
from the notice granting the petition and served upon all parties and 
the ALJ. If the ARB fails to issue a decision within 90 days from the 
notice granting the petition, the ALJ's decision will be the final 
agency decision.
* * * * *

0
8. In Sec.  655.183, revise paragraph (c) to read as follows:


Sec.  655.183   Less than substantial violations.

* * * * *
    (c) Failure to comply with special procedures. If the OFLC 
Administrator determines that the employer has failed

[[Page 30615]]

to comply with special procedures required pursuant to paragraph (a) of 
this section, the OFLC Administrator will send a written notice to the 
employer, stating that the employer's otherwise affirmative H-2A 
certification determination will be reduced by 25 percent of the total 
number of H-2A workers requested (which cannot be more than those 
requested in the previous year) for a period of 1 year. Notice of such 
a reduction in the number of workers requested will be conveyed to the 
employer by the OFLC Administrator in the OFLC Administrator's written 
certification determination. The notice will offer the employer an 
opportunity to request administrative review or a de novo hearing 
before an ALJ. If administrative review or a de novo hearing is 
requested, the procedures prescribed in Sec.  655.171 will apply, 
provided that if the ALJ or the Secretary affirms the OFLC 
Administrator's determination that the employer has failed to comply 
with special procedures required by paragraph (a) of this section, the 
reduction in the number of workers requested will be 25 percent of the 
total number of H-2A workers requested (which cannot be more than those 
requested in the previous year) for a period of 1 year.

0
9. In Sec.  655.461, revise paragraph (e) to read as follows:


Sec.  655.461   Administrative review.

* * * * *
    (e) Scope of review. BALCA will, except in cases over which the 
Secretary has assumed jurisdiction pursuant to 29 CFR 18.95, affirm, 
reverse, or modify the CO's determination, or remand to the CO for 
further action. BALCA will reach this decision after due consideration 
of the documents in the Appeal File that were before the CO at the time 
of the CO's determination, the request for review, and any legal briefs 
submitted. BALCA may not consider evidence not before the CO at the 
time of the CO's determination, even if such evidence is in the Appeal 
File, request for review, or legal briefs.
* * * * *

0
10. In Sec.  655.472, revise paragraph (b)(3) to read as follows:


Sec.  655.472   Revocation.

* * * * *
    (b) * * *
    (3) Request for review. An employer may appeal a Notice of 
Revocation or a final determination of the OFLC Administrator after the 
review of rebuttal evidence to BALCA, according to the appeal 
procedures of Sec.  655.461.
* * * * *

0
11. In Sec.  655.473, revise paragraph (f)(6) to read as follows:


Sec.  655.473  Debarment.

* * * * *
    (f) * * *
    (6) ARB decision. The ARB's decision must be issued within 90 
calendar days from the notice granting the petition and served upon all 
parties and the ALJ.

0
12. In Sec.  655.845, revise paragraphs (h) and (i) to read as follows:


Sec.  655.845   What rules apply to appeal of the decision of the 
administrative law judge?

* * * * *
    (h) The Board's decision shall be issued within 180 calendar days 
from the date of the notice of intent to review. The Board's decision 
shall be served upon all parties and the administrative law judge.
    (i) After the Board's decision becomes final, the Board shall 
transmit the entire record to the Chief Administrative Law Judge for 
custody pursuant to Sec.  655.850.

PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF 
ALIENS IN THE UNITED STATES

0
13. The authority citation for part 656 continues to read as follows:

    Authority:  8 U.S.C. 1182(a)(5)(A), 1182(p)(1); sec.122, Public 
Law 101-649, 109 Stat. 4978; and Title IV, Public Law 105-277, 112 
Stat. 2681.

0
14. In Sec.  656.27, revise paragraph (c) to read as follows:


Sec.  656.27   Consideration by and decisions of the Board of Alien 
Labor Certification Appeals.

* * * * *
    (c) Review on the record. The Board of Alien Labor Certification 
Appeals must review a denial of labor certification under Sec.  656.24, 
a revocation of a certification under Sec.  656.32, or an affirmation 
of a prevailing wage determination under Sec.  656.41 on the basis of 
the record upon which the decision was made, the request for review, 
and any Statements of Position or legal briefs submitted and, except in 
cases over which the Secretary has assumed jurisdiction pursuant to 29 
CFR 18.95, must:
    (1) Affirm the denial of the labor certification, the revocation of 
certification, or the affirmation of the PWD; or
    (2) Direct the Certifying Officer to grant the certification, 
overrule the revocation of certification, or overrule the affirmation 
of the PWD; or
    (3) Direct that a hearing on the case be held under paragraph (e) 
of this section.
* * * * *

PART 658--ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT 
EMPLOYMENT SERVICE

0
15. The authority citation for part 658 continues to read as follows:

    Authority:  Secs. 189, 503, Pub. L. 113-128, 128 Stat. 1425 
(Jul. 22, 2014); 29 U.S.C. chapter 4B.


0
16. In Sec.  658.711, revise paragraph (b) to read as follows:


Sec.  658.711   Decision of the Administrative Review Board.

* * * * *
    (b) The decision of the Administrative Review Board must be in 
writing, and must set forth the factual and legal basis for the 
decision. After the Board's decision becomes final, notice of the 
decision must be published in the Federal Register, and copies must be 
made available for public inspection and copying.

PART 667--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE 
INVESTMENT ACT

0
17. The authority citation for part 667 continues to read as follows:

    Authority:  Subtitle C of Title I, Sec. 506(c), Pub. L. 105-220, 
112 Stat. 936 (20 U.S.C. 9276(c)); Executive Order 13198, 66 FR 
8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 
3 CFR 2002 Comp., p. 258.

0
18. In Sec.  667.830, revise paragraph (b) to read as follows:


Sec.  667.830   When will the Administrative Law Judge issue a 
decision?

* * * * *
    (b) The decision of the ALJ constitutes final agency action unless, 
within 20 days of the decision, a party dissatisfied with the ALJ's 
decision has filed a petition for review with the Administrative Review 
Board (ARB) (established under Secretary's Order No. 01-2020), 
specifically identifying the procedure, fact, law, or policy to which 
exception is taken. Any exception not specifically urged is deemed to 
have been waived. A copy of the petition for review must be sent to the 
opposing party at that time. Thereafter, the decision of the ALJ 
constitutes final agency action unless the ARB, within 30 days of the 
filing of the petition for review, notifies the parties that the case 
has been accepted for review. In any case accepted by the ARB, a 
decision

[[Page 30616]]

must be issued by the ARB within 180 days of acceptance. If a decision 
is not so issued, the decision of the ALJ constitutes final agency 
action.

PART 683--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE 
INNOVATION AND OPPORTUNITY ACT

0
19. The authority citation for part 683 continues to read as follows:

    Authority:  Secs. 102, 116, 121, 127, 128, 132, 133, 147, 167, 
169, 171, 181, 185, 189, 195, 503, Public Law 113-128, 128 Stat. 
1425 (Jul. 22, 2014).

0
20. In Sec.  683.830, revise paragraph (b) to read as follows:


Sec.  683.830   When will the Administrative Law Judge issue a 
decision?

* * * * *
    (b) The decision of the ALJ constitutes final agency action unless, 
within 20 days of the decision, a party dissatisfied with the ALJ's 
decision has filed a petition for review with the Administrative Review 
Board (ARB) (established under Secretary's Order No. 01-2020), 
specifically identifying the procedure, fact, law, or policy to which 
exception is taken. Any exception not specifically raised in the 
petition is deemed to have been waived. A copy of the petition for 
review also must be sent to the opposing party and if an applicant or 
recipient, to the Grant Officer and the Grant Officer's Counsel at the 
time of filing. Unless the ARB, within 30 days of the filing of the 
petition for review, notifies the parties that the case has been 
accepted for review, the decision of the ALJ constitutes final agency 
action. In any case accepted by the ARB, a decision must be issued by 
the ARB within 180 days of acceptance. If a decision is not so issued, 
the decision of the ALJ constitutes final agency action.

Office of Workers' Compensation Programs Longshoremen's and Harbor 
Workers' Compensation Act and Related Statutes

PART 702--ADMINISTRATION AND PROCEDURE

0
21. The authority citation for part 702 continues to read as follows:

    Authority:  5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et 
seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note 
(Federal Civil Penalties Inflation Adjustment Act of 1990); Pub.L. 
114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 
64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

0
22. In Sec.  702.433, revise paragraphs (e) and (f) to read as follows:


Sec.  702.433   Requests for hearing.

* * * * *
    (e) The administrative law judge will issue a recommended decision 
after the termination of the hearing. The recommended decision must 
contain appropriate findings, conclusions, and a recommended order and 
be forwarded, together with the record of the hearing, to the 
Administrative Review Board for a decision. The recommended decision 
must be served upon all parties to the proceeding.
    (f) Based upon a review of the record and the recommended decision 
of the administrative law judge, the Administrative Review Board will 
issue a decision.

0
23. Revise Sec.  702.434 to read as follows:


Sec.  702.434  Judicial review.

    (a) Any physician, health care provider, or claims representative 
who participated as a party in the hearing may obtain review of the 
Department's final decision made by the Administrative Review Board or 
the Secretary, as appropriate, regardless of the amount of controversy, 
by commencing a civil action within sixty (60) days after the decision 
is transmitted to him or her. The pendency of such review will not stay 
the effect of the decision. Such action must be brought in the Court of 
Appeals of the United States for the judicial circuit in which the 
plaintiff resides or has his or her principal place of business, or the 
Court of Appeals for the District of Columbia pursuant to section 
7(j)(4) of the Act, 33 U.S.C. 907(j)(4).
    (b) As part of the Department's answer, the Administrative Review 
Board must file a certified copy of the transcript of the record of the 
hearing, including all evidence submitted in connection therewith.
    (c) The findings of fact contained in the Department's final 
decision, if based on substantial evidence in the record as a whole, 
shall be conclusive.

Title 29--Labor

Office of the Secretary of Labor

PART 2--GENERAL REGULATIONS

0
24. The authority citation for part 2 continues to read as:

    Authority:  5 U.S.C. 301; Executive Order 13198, 66 FR 8497, 3 
CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 3 CFR 
2002 Comp., p. 258; Executive Order 13559, 75 FR 71319, 3 CFR 2011 
Comp., p. 273.


0
25. Revise Sec.  2.8 to read as follows:


Sec.  2.8   Final agency decisions.

    Final agency decisions issued under the statutory authority of the 
U.S. Department of Labor may be issued by the Secretary of Labor, or by 
his or her designee under a written delegation of authority. The 
Administrative Review Board, an organizational entity within the Office 
of the Secretary, has been delegated authority to issue final agency 
decisions under the statutes, executive orders, and regulations 
according to, and except as provided in Secretary's Order 01-2020 (or 
any successor to that order).

PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD 
TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS

0
26. The authority citation for part 7 continues to read as:

    Authority:  Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C. 
301; 3 CFR, 1949-1953 Comp., p. 1007; sec. 2, 48 Stat. 948 as 
amended; 40 U.S.C. 276c; secs. 104, 105, 76 Stat. 358, 359; 40 
U.S.C. 330, 331; 65 Stat. 290; 36 FR 306, 8755.


0
27. In Sec.  7.1, revise paragraph (d) to read as follows:


Sec.  7.1   Purpose and scope.

* * * * *
    (d) In considering the matters within the scope of its jurisdiction 
the Board shall act as the authorized representative of the Secretary 
of Labor. The Board shall act as fully and finally as might the 
Secretary of Labor concerning such matters, except as provided in 
Secretary's Order 01-2020 (or any successor to that order).
* * * * *

PART 8--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD 
TO FEDERAL SERVICE CONTRACTS

0
28. The authority citation for part 8 continues to read as:

    Authority:  Secs. 4 and 5, 79 Stat. 1034, 1035, as amended by 86 
Stat. 789, 790, 41 U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No. 14 
of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 76 Stat. 357-359, 40 
U.S.C. 327-332.


0
29. In Sec.  8.1, revise paragraph (c) to read as follows:


Sec.  8.1   Purpose and scope.

* * * * *
    (c) In considering the matters within the scope of its jurisdiction 
the Board shall act as the authorized representative of the Secretary 
of Labor and shall act as fully and finally as might the Secretary of 
Labor concerning

[[Page 30617]]

such matters, except as provided in Secretary's Order 01-2020 (or any 
successor to that order).
* * * * *

PART 10--ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS

0
30. The authority citation for part 10 continues to read as follows:

    Authority:  5 U.S.C. 301; section 2, E.O. 13838, 83 FR 25341; 
section 4, E.O. 13658, 79 FR 9851; Secretary's Order 01-2014, 79 FR 
77527.


0
31. Revise Sec.  10.57 to read as follows:


Sec.  10.57  Administrative Review Board proceedings.

    (a) Authority--(1) General. The Administrative Review Board has 
jurisdiction to hear and decide in its discretion appeals concerning 
questions of law and fact from investigative findings letters of the 
Administrator issued under Sec.  10.51(c)(1) or (2), Administrator's 
rulings issued under Sec.  10.58, and decisions of Administrative Law 
Judges issued under Sec.  10.55.
    (2) Limit on scope of review. (i) The Board shall not have 
jurisdiction to pass on the validity of any provision of this part. The 
Board is an appellate body and shall decide cases properly before it on 
the basis of substantial evidence contained in the entire record before 
it. The Board shall not receive new evidence into the record.
    (ii) The Equal Access to Justice Act, as amended, does not apply to 
proceedings under this part. Accordingly, the Administrative Review 
Board shall have no authority to award attorney's fees and/or other 
litigation expenses pursuant to the provisions of the Equal Access to 
Justice Act for any proceeding under this part.
    (b) Decisions. The Board's decision shall be issued within a 
reasonable period of time following receipt of the petition for review 
and shall be served upon all parties by mail to the last known address 
and on the Chief Administrative Law Judge (in cases involving an appeal 
from an Administrative Law Judge's decision).
    (c) Orders. If the Board concludes a violation occurred, an order 
shall be issued mandating action to remedy the violation, including, 
but not limited to, monetary relief for unpaid wages. Where the 
Administrator has sought imposition of debarment, the Board shall 
determine whether an order imposing debarment is appropriate. The ARB's 
order is subject to discretionary review by the Secretary as provided 
in Secretary's Order 01-2020 (or any successor to that order).

PART 13--ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS

0
32. The authority citation for part 13 continues to read as follow:

    Authority:  5 U.S.C. 301; E.O. 13706, 80 FR 54697, 3 CFR, 2016 
Comp., p. 367; Secretary's Order 01-2014, 79 FR 77527.


0
33. Revise Sec.  13.57 to read as follows:


Sec.  13.57   Administrative Review Board proceedings.

    (a) Authority--(1) General. The Administrative Review Board has 
jurisdiction to hear and decide in its discretion appeals concerning 
questions of law and fact from investigative findings letters of the 
Administrator issued under Sec.  13.51(c)(1) or the final sentence of 
Sec.  13.51(c)(2)(ii), Administrator's rulings issued under Sec.  
13.58, and decisions of Administrative Law Judges issued under Sec.  
13.55.
    (2) Limit on scope of review. (i) The Administrative Review Board 
shall not have jurisdiction to pass on the validity of any provision of 
this part. The Administrative Review Board is an appellate body and 
shall decide cases properly before it on the basis of substantial 
evidence contained in the entire record before it. The Administrative 
Review Board shall not receive new evidence into the record.
    (ii) The Equal Access to Justice Act, as amended, does not apply to 
proceedings under this part. Accordingly, the Administrative Review 
Board shall have no authority to award attorney's fees and/or other 
litigation expenses pursuant to the provisions of the Equal Access to 
Justice Act for any proceeding under this part.
    (b) Decisions. The Administrative Review Board's decision shall be 
issued within a reasonable period of time following receipt of the 
petition for review and shall be served upon all parties by mail to the 
last known address and on the Chief Administrative Law Judge (in cases 
involving an appeal from an Administrative Law Judge's decision).
    (c) Orders. If the Board concludes a violation occurred, an order 
shall be issued mandating action to remedy the violation, including, 
but not limited to, any monetary or equitable relief described in Sec.  
13.44. Where the Administrator has sought imposition of debarment, the 
Administrative Review Board shall determine whether an order imposing 
debarment is appropriate. The ARB's order is subject to discretionary 
review by the Secretary as provided in Secretary's Order 01-2020 (or 
any successor to that order).

PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE 
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

0
34. The authority citation for part 18 continues to read as follows:

    Authority:  5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; 
E.O. 12778; 57 FR 7292.


0
35. Revise Sec.  18.95 to read as follows:


Sec.  18.95   Review of decision and review by the Secretary.

    (a) Review. The statute or regulation that conferred hearing 
jurisdiction provides the procedure for review of a judge's decision. 
If the statute or regulation does not provide a procedure, the judge's 
decision becomes the Secretary's final administrative decision, except 
as provided in paragraph (b) of this section.
    (b) Finality. A decision of the Board of Alien Labor Certification 
Appeals (BALCA) shall constitute the Secretary's final administrative 
decision except in those cases over which the Secretary has, in 
accordance with this paragraph (b) and paragraph (c) of this section, 
assumed jurisdiction:
    (1) In any case for which administrative review is sought or 
handled in accordance with 20 CFR 655.171(a) or 20 CFR 655.461, at any 
point from when the BALCA receives a request for review until the 
passage of 10 business days after the date on which BALCA has issued 
its decision.
    (2) In any case for which a de novo hearing is sought or handled 
under 20 CFR 655.171(b), at any point within 15 business days after the 
date on which the BALCA has issued its decision.
    (3) In any case for which review is sought or handled in accordance 
with 20 CFR 656.26 and 20 CFR 656.27, at any point from when the BALCA 
receives a request for review until the passage of 30 business days 
after the BALCA has issued its decision.
    (c) Review by the Secretary--(1) Transmission of information. (i) 
Whenever the BALCA receives a request for review, it shall immediately 
transmit a copy of such request to the Deputy Secretary.
    (ii) Within 3 business days of when the BALCA issues a decision, 
the Chair of the BALCA, or his or her designee, shall transmit to the 
Deputy Secretary a copy of the decision and a concise recommendation as 
to whether the decision involves an issue or issues of such exceptional 
importance that review by the Secretary is warranted.
    (2) Review. (i) The Secretary may, at any point within the time 
periods provided for in paragraph (b) of this

[[Page 30618]]

section, and in his or her sole discretion, assume jurisdiction to 
review the decision or determination of the Certifying Officer, the 
Office of Foreign Labor Certification Administrator, the National 
Prevailing Wage Center Director, or the BALCA, as the case may be.
    (ii) When the Secretary assumes jurisdiction over a case, the 
Secretary shall promptly notify the BALCA. The BALCA shall promptly 
notify the parties to the case of such action and shall submit the 
Appeal File and any briefs filed to the Secretary.
    (iii) In any case the Secretary decides, the Secretary's decision 
shall be stated in writing and transmitted to the BALCA, which shall 
promptly publish the decision and transmit it to the parties to the 
case. Such decision shall constitute final action by the Department and 
shall serve as binding precedent on all Department employees and in all 
Department proceedings involving the same issue or issues.
    (iv) The Solicitor of Labor, or his or her designee, shall have the 
responsibility for providing legal advice to the Secretary with respect 
to the Secretary's exercise of review under this section, except that 
no individual involved in the investigation or prosecution of a case 
shall advise the Secretary on the exercise of review with respect to 
such case or a case involving a common nucleus of operative fact.

PART 24--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL 
STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, 
AS AMENDED

0
36. The authority citation for part 24 is revised to read as follows:

    Authority:  15 U.S.C. 2622; 33 U.S.C. 1367; 42 U.S.C. 300j-
9(i)BVG, 5851, 6971, 7622, 9610; Secretary's Order No. 5-2007, 72 FR 
31160 (June 5, 2007); Secretary's Order No. 01-2020.


0
37. In Sec.  24.110, revise paragraphs (a), (c), and (d) to read as 
follows:


Sec.  24.110  Decisions and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ must file a written petition for review with 
the ARB, U.S. Department of Labor, 200 Constitution Ave. NW, 
Washington, DC 20210. The decision of the ALJ will become the final 
order of the Secretary unless, pursuant to this section, a timely 
petition for review is filed with the ARB and the ARB accepts the case 
for review. The parties should identify in their petitions for review 
the legal conclusions or orders to which they object, or the objections 
will ordinarily be deemed waived. A petition must be filed within 10 
business days of the date of the decision of the ALJ. The date of the 
postmark, facsimile transmittal, or email communication will be 
considered to be the date of filing; if the petition is filed in 
person, by hand delivery or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the 
ARB. Copies of the petition for review and all briefs must be served on 
the Assistant Secretary, Occupational Safety and Health Administration, 
and on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 90 days of the 
filing of the complaint. The decision will be served upon all parties 
and the Chief Administrative Law Judge by mail. The decision will also 
be served on the Assistant Secretary, Occupational Safety and Health 
Administration, and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor, even if the Assistant Secretary is 
not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the order will order the respondent to take appropriate affirmative 
action to abate the violation, including reinstatement of the 
complainant to that person's former position, together with the 
compensation (including back pay), terms, conditions, and privileges of 
employment, and compensatory damages. In cases arising under the Safe 
Drinking Water Act or the Toxic Substances Control Act, exemplary 
damages may also be awarded when appropriate. At the request of the 
complainant, the ARB will assess against the respondent all costs and 
expenses (including attorney's fees) reasonably incurred.
* * * * *

0
38. Revise Sec.  24.112 to read as follows:


Sec.  24.112   Judicial Review.

    (a) Except as provided under paragraphs (b) through (d) of this 
section, within 60 days after the issuance of a final order (including 
a decision issued by the Secretary upon his or her discretionary 
review) for which judicial review is available, any person adversely 
affected or aggrieved by the order may file a petition for review of 
the order in the United States Court of Appeals for the circuit in 
which the violation allegedly occurred or the circuit in which the 
complainant resided on the date of the violation. A final order of the 
ARB (or a decision issued by the Secretary upon his or her 
discretionary review) is not subject to judicial review in any criminal 
or other civil proceeding.
    (b) Under the Federal Water Pollution Control Act, within 120 days 
after the issuance of a final order (including a decision issued by the 
Secretary upon his or her discretionary review) for which judicial 
review is available, any person adversely affected or aggrieved by the 
order may file a petition for review of the order in the United States 
Court of Appeals for the circuit in which the violation allegedly 
occurred or the circuit in which the complainant resided on the date of 
the violation.
    (c) Under the Solid Waste Disposal Act, within 90 days after the 
issuance of a final order (including a decision issued by the Secretary 
upon his or her discretionary review) for which judicial review is 
available, any person adversely affected or aggrieved by the order may 
file a petition for review of the order in the United States Court of 
Appeals for the circuit in which the violation allegedly occurred or 
the circuit in which the complainant resided on the date of the 
violation.
    (d) Under the Comprehensive Environmental Response, Compensation 
and Liability Act, after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States district court in which the violation allegedly 
occurred. For purposes of judicial economy and consistency, when a 
final order under the Comprehensive Environmental Response, 
Compensation and Liability Act also is issued under any other statute 
listed in Sec.  24.100(a), the adversely affected or aggrieved person 
may file a petition for review of the entire order in the United States 
Court of Appeals for the circuit in which the violation allegedly 
occurred or the circuit in which the complainant resided on the date of 
the violation. The time for filing a petition for review of an order 
issued under the Comprehensive Environmental Response, Compensation and 
Liability Act and any other statute listed in Sec.  24.100(a) is 
determined by the time period applicable under the other statute(s).

[[Page 30619]]

    (e) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the administrative law 
judge, will be transmitted by the ARB or the ALJ, as appropriate, to 
the appropriate court pursuant to the Federal Rules of Appellate 
Procedure and the local rules of the court.

PART 29--LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP 
PROGRAMS

0
39. The authority citation for part 29 continues to read as follows:

    Authority:  Section 1, 50 Stat. 664, as amended (29 U.S.C. 50; 
40 U.S.C. 276c; 5 U.S.C. 301); Reorganization Plan No. 14 of 1950, 
64 Stat. 1267 (5 U.S.C. App. P. 534).


0
40. In Sec.  29.10, revise paragraph (c) to read as follows:


Sec.  29.10   Hearings for deregistration.

* * * * *
    (c) The Administrative Law Judge should issue a written decision 
within 90 days of the close of the hearing record. The Administrative 
Law Judge's decision constitutes final agency action unless, within 15 
days from receipt of the decision, a party dissatisfied with the 
decision files a petition for review with the Administrative Review 
Board, specifically identifying the procedure, fact, law, or policy to 
which exception is taken. Any exception not specifically urged is 
deemed to have been waived. A copy of the petition for review must be 
sent to the opposing party at the same time. Thereafter, the decision 
of the Administrative Law Judge remains final agency action unless the 
Administrative Review Board, within 30 days of the filing of the 
petition for review, notifies the parties that it has accepted the case 
for review. The Administrative Review Board may set a briefing schedule 
or decide the matter on the record. The Administrative Review Board 
must issue a decision in any case it accepts for review within 180 days 
of the close of the record. If a decision is not so issued, the 
Administrative Law Judge's decision constitutes final agency action.

0
41. In Sec.  29.13, revise paragraph (g)(4) to read as follows:


Sec.  29.13  Recognition of State Apprenticeship Agencies.

* * * * *
    (g) * * *
    (4) After the close of the period for filing exceptions and 
responses, the Administrative Review Board may issue a briefing 
schedule or may decide the matter on the record before it. The 
Administrative Review Board must decide any case it accepts for review 
within 180 days of the close of the record. If a decision is not so 
issued, the Administrative Law Judge's decision constitutes final 
agency action.
* * * * *

0
42. In Sec.  29.14, revise paragraph (c)(3) to read as follows:


Sec.  29.14   Derecognition of State Apprenticeship Agencies.

* * * * *
    (c) * * *
    (3) Requests a hearing. The Administrator shall refer the matter to 
the Office of Administrative Law Judges. An Administrative Law Judge 
will convene a hearing in accordance with Sec.  29.13(g) and submit 
proposed findings and a recommended decision to the Administrative 
Review Board. The Administrative Review Board must issue a decision in 
any case it accepts for review within 180 days of the close of the 
record. If a decision is not so issued, the Administrative Law Judge's 
decision constitutes final agency action.
* * * * *

PART 38--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL 
OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY 
ACT

0
43. The authority citation for part 38 continues to read as follows:

    Authority:  29 U.S.C. 3101 et seq.; 42 U.S.C. 2000d et seq.; 29 
U.S.C. 794; 42 U.S.C. 6101 et seq.; and 20 U.S.C. 1681 et seq.

0
44. In Sec.  38.112, revise paragraph (b)(1)(viii) to read as follows:


Sec.  38.112   Initial and final decision procedures.

* * * * *
    (b) * * *
    (1) * * *
    (viii) Decision and Order after review by Administrative Review 
Board. In any case reviewed by the Administrative Review Board under 
this paragraph, a decision must be issued within 180 days of the 
notification of such review. If the Administrative Review Board fails 
to issue a decision and order within the 180-day period, the initial 
decision and order of the Administrative Law Judge becomes the Final 
Decision and Order.
* * * * *

0
45. In Sec.  38.113, revise paragraph (c) to read as follows:


Sec.  38.113   Suspension, termination, withholding, denial, or 
discontinuation of financial assistance.

* * * * *
    (c) A decision issued by the Administrative Review Board has become 
final, the Administrative Law Judge's decision and order has become the 
Final Agency Decision, or the Final Determination or Notification of 
Conciliation Agreement has been deemed the Final Agency Decision, under 
Sec.  38.112(b); and
* * * * *

0
46. In Sec.  38.115, revise paragraph (c)(5) to read as follows:


Sec.  38.115   Post-termination proceedings.

* * * * *
    (c) * * *
    (5) The Administrative Review Board must issue a decision denying 
or granting the recipient's or grant applicant's request for 
restoration to eligibility.

PART 96--AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER 
AGREEMENTS

0
47. The authority citation for part 96 continues to read as follows:

    Authority:  31 U.S.C. 7501 et seq. and OMB Circular No. A-133, 
as amended.

0
48. In Sec.  96.63, revise paragraph (b)(5) to read as follows:


Sec.  96.63   Federal financial assistance.

* * * * *
    (b) * * *
    (5) Review by the Administrative Review Board. In any case accepted 
for review by the Administrative Review Board, a decision shall be 
issued within 180 days of such acceptance. If a decision is not so 
issued, the decision of the Administrative Law Judge shall become the 
final decision of the Secretary.

Office of Labor-Management Standards

PART 471--OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; 
NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS

0
49. The authority citation for part 471 is revised to read as follows:

    Authority:  40 U.S.C. 101 et seq.; Executive Order 13496, 74 FR 
6107, February 4, 2009; Secretary's Order No. 7-2009, 74 FR 58834, 
November 13, 2009; Secretary's Order No. 01-2020.


0
50. In Sec.  471.13, revise paragraph (b)(4) to read as follows:


Sec.  471.13   Under what circumstances, and how, will enforcement 
proceedings under Executive Order 13496 be conducted?

* * * * *
    (b) * * *
    (4) After the expiration of time for filing exceptions, the 
Administrative Review Board may issue an

[[Page 30620]]

administrative order, or may otherwise appropriately dispose of the 
matter. In an expedited proceeding, unless the Administrative Review 
Board issues an administrative order within 30 days after the 
expiration of time for filing exceptions, the Administrative Law 
Judge's recommended decision will become the final administrative 
order. If the Administrative Review Board determines that the 
contractor has violated the Executive Order or the regulations in this 
part, the administrative order will order the contractor to cease and 
desist from the violations, require the contractor to provide 
appropriate remedies, or, subject to the procedures in Sec.  471.14, 
impose appropriate sanctions and penalties, or any combination thereof.

Wage and Hour Division

PART 501--ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY 
ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE 
IMMIGRATION AND NATIONALITY ACT

0
51. The authority citation for part 501 continues to read as follows:

    Authority:  8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 
28 U.S.C. 2461 Note (Federal Civil Penalties Inflation Adjustment 
Act of 1990); and Public Law 114-74 at Sec.  701.

0
52. Revise Sec.  501.45 to read as follows:


Sec.  501.45   Decision of the Administrative Review Board.

    The ARB's decision shall be issued within 90 days from the notice 
granting the petition and served upon all parties and the ALJ.

PART 580--CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND 
CONTESTING PENALTIES

0
53. The authority citation for part 580 continues to read as follows:

    Authority:  29 U.S.C. 9a, 203, 209, 211, 212, 213(c), 216; 
Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 
29, 88 Stat. 72, 76; Secretary's Order 01-2014 (Dec. 19, 2014), 79 
FR 77527 (Dec. 24, 2014); 5 U.S.C. 500, 503, 551, 559; 103 Stat. 
938.

0
54. Revise Sec.  580.16 to read as follows:


Sec.  580.16   Decision of the Administrative Review Board.

    The Board's decision shall be served upon all parties and the Chief 
Administrative Law Judge, in person or by mail to the last known 
address.

Occupational Safety and Health Administration

PART 1978--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE 
TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED

0
55. The authority citation for part 1978 is revised to read as follows:

    Authority:  49 U.S.C. 31101 and 31105; Secretary's Order 1-2012 
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-
2020.


0
56. In Sec.  1978.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1978.110   Decisions and orders of the Administrative Review 
Board.

    (a) The Assistant Secretary or any other party desiring to seek 
review, including judicial review, of a decision of the ALJ must file a 
written petition for review with the ARB. The parties should identify 
in their petitions for review the legal conclusions or orders to which 
they object, or the objections may be deemed waived. A petition must be 
filed within 14 days of the date of the decision of the ALJ. The date 
of the postmark, facsimile transmittal, or electronic communication 
transmittal will be considered to be the date of filing; if the 
petition is filed in person, by hand delivery or other means, the 
petition is considered filed upon receipt. The petition must be served 
on all parties and on the Chief Administrative Law Judge at the time it 
is filed with the ARB. Copies of the petition for review and all briefs 
must be served on the Assistant Secretary and, in cases in which the 
Assistant Secretary is a party, on the Associate Solicitor, Division of 
Occupational Safety and Health, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
ruled upon or 14 days after a new decision is issued. The ARB's 
decision will be served upon all parties and the Chief Administrative 
Law Judge by mail. The decision also will be served on the Assistant 
Secretary, and on the Associate Solicitor, Division of Occupational 
Safety and Health, U.S, Department of Labor, even if the Assistant 
Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order, which will be subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order), will require, where appropriate, affirmative action to abate 
the violation; reinstatement of the complainant to his or her former 
position with the same compensation, terms, conditions, and privileges 
of the complainant's employment; payment of compensatory damages (back 
pay with interest and compensation for any special damages sustained as 
a result of the retaliation, including any litigation costs, expert 
witness fees, and reasonable attorney fees the complainant may have 
incurred); and payment of punitive damages up to $250,000. Interest on 
back pay will be calculated using the interest rate applicable to 
underpayment of taxes under 26 U.S.C. 6621 and will be compounded 
daily.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. Such order will 
be subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).
* * * * *

0
57. In Sec.  1978.112, revise paragraph (a) to read as follows:


Sec.  1978.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the person resided 
on the date of the violation.
* * * * *

PART 1979--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS 
UNDER SECTION 519 OF THE WENDELL H. FORD AVIATION INVESTMENT AND 
REFORM ACT FOR THE 21ST CENTURY

0
58. The authority citation for part 1979 continues to read as follows:

    Authority:  49 U.S.C. 42121; Secretary's Order No. 01-2020.

0
59. In Sec.  1979.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:

[[Page 30621]]

Sec.  1979.110   Decision and orders of the Administrative Review 
Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the administrative law judge, or a named person 
alleging that the complaint was frivolous or brought in bad faith who 
seeks an award of attorney's fees, must file a written petition for 
review with the Administrative Review Board (``the Board''). The 
decision of the Administrative Law Judge shall become the final order 
of the Secretary unless, pursuant to this section, a petition for 
review is timely filed with the Board. The petition for review must 
specifically identify the findings, conclusions, or orders to which 
exception is taken. Any exception not specifically urged ordinarily 
shall be deemed to have been waived by the parties. To be effective, a 
petition must be filed within ten business days of the date of the 
decision of the Administrative Law Judge. The date of the postmark, 
facsimile transmittal, or email communication will be considered to be 
the date of filing; if the petition is filed in person, by hand 
delivery or other means, the petition is considered filed upon receipt. 
The petition must be served on all parties and on the Chief 
Administrative Law Judge at the time it is filed with the Board. Copies 
of the petition for review and all briefs must be served on the 
Assistant Secretary, Occupational Safety and Health Administration, and 
on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, Washington, DC 20210.
* * * * *
    (c) The decision of the Board shall be issued within 120 days of 
the conclusion of the hearing, which shall be deemed to be the 
conclusion of all proceedings before the Administrative Law Judge--
i.e., 10 business days after the date of the decision of the 
Administrative Law Judge unless a motion for reconsideration has been 
filed with the Administrative Law Judge in the interim. The decision 
will be served upon all parties and the Chief Administrative Law Judge 
by mail to the last known address. The decision will also be served on 
the Assistant Secretary, Occupational Safety and Health Administration, 
and on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, Washington, DC 20210, even if the Assistant 
Secretary is not a party.
    (d) If the ARB concludes that the party charged has violated the 
law, the ARB shall order the party charged to take appropriate 
affirmative action to abate the violation, including, where 
appropriate, reinstatement of the complainant to that person's former 
position, together with the compensation (including back pay), terms, 
conditions, and privileges of that employment, and compensatory 
damages. At the request of the complainant, the Board shall assess 
against the named person all costs and expenses (including attorney and 
expert witness fees) reasonably incurred. The ARB's order is subject to 
discretionary review by the Secretary as provided in Secretary's Order 
01-2020 (or any successor to that order).
    (e) If the ARB concludes that the party charged has not violated 
the law, the ARB shall issue an order denying the complaint. If, upon 
the request of the named person, the Board determines that a complaint 
was frivolous or was brought in bad faith, the Board may award to the 
named person reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

0
60. In Sec.  1979.112, revise paragraph (a) to read as follows:


Sec.  1979.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation. A final order of the Secretary is 
not subject to judicial review in any criminal or other civil 
proceeding.
* * * * *

PART 1980--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER SECTION 806 OF THE SARBANES-OXLEY ACT OF 2002, AS AMENDED

0
61. The authority citation for part 1980 is revised to read as follows:

    Authority:  18 U.S.C. 1514A, as amended by the Dodd-Frank Wall 
Street Reform and Consumer Protection Act of 2010, Public Law 111-
203 (July 21, 2010); Secretary's Order No. 01-2012 (Jan. 18, 2012), 
77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-2020.


0
62. In Sec.  1980.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1980.110   Decision and orders of the Administrative Review 
Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic 
communication transmittal will be considered to be the date of filing; 
if the petition is filed in person, by hand delivery or other means, 
the petition is considered filed upon receipt. The petition must be 
served on all parties and on the Chief Administrative Law Judge at the 
time it is filed with the ARB. Copies of the petition for review must 
be served on the Assistant Secretary and on the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB shall be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case, the conclusion of 
the hearing is the date the motion for reconsideration is ruled upon or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge by mail. 
The decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, even if the 
Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing all relief necessary to make the 
complainant whole, including reinstatement with the same seniority 
status that the complainant would have had but for the retaliation; 
back pay with interest; and compensation for any special damages 
sustained as a result of the retaliation, including litigation costs, 
expert witness fees, and reasonable attorney fees. Interest on back pay 
will be calculated using the interest rate applicable to underpayment 
of taxes under 26 U.S.C. 6621 and will be compounded daily. The order 
will also require the respondent to submit appropriate documentation to 
the Social

[[Page 30622]]

Security Administration allocating any back pay award to the 
appropriate calendar quarters. Such order is subject to discretionary 
review by the Secretary as provided in Secretary's Order 01-2020 (or 
any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

0
63. In Sec.  1980.112, revise paragraph (a) to read as follows:


Sec.  1980.112   Judicial review.

    (a)Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1981--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS 
UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002

0
64. The authority citation for part 1981 continues to read as follows:

    Authority:  49 U.S.C. 60129; Secretary's Order No. 01-2020.

0
65. In Sec.  1981.110, revise paragraphs (a), (c), (d), and (e) as 
follows:


Sec.  1981.110   Decision and orders of the Administrative Review 
Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the Administrative Law Judge, or a named person 
alleging that the complaint was frivolous or brought in bad faith who 
seeks an award of attorney's fees, must file a written petition for 
review with the Administrative Review Board (``the Board''). The 
decision of the Administrative Law Judge will become the final order of 
the Secretary unless, pursuant to this section, a petition for review 
is timely filed with the Board. The petition for review must 
specifically identify the findings, conclusions, or orders to which 
exception is taken. Any exception not specifically urged ordinarily 
will be deemed to have been waived by the parties. To be effective, a 
petition must be filed within 10 business days of the date of the 
decision of the Administrative Law Judge. The date of the postmark, 
facsimile transmittal, or email communication will be considered to be 
the date of filing; if the petition is filed in person, by hand 
delivery or other means, the petition is considered filed upon receipt. 
The petition must be served on all parties and on the Chief 
Administrative Law Judge at the time it is filed with the Board. Copies 
of the petition for review and all briefs must be served on the 
Assistant Secretary, Occupational Safety and Health Administration, and 
on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, Washington, DC 20210.
* * * * *
    (c) The decision of the Board shall be issued within 90 days of the 
conclusion of the hearing, which will be deemed to be the conclusion of 
all proceedings before the Administrative Law Judge--i.e., 10 business 
days after the date of the decision of the Administrative Law Judge 
unless a motion for reconsideration has been filed with the 
Administrative Law Judge in the interim. The decision will be served 
upon all parties and the Chief Administrative Law Judge by mail to the 
last known address. The decision will also be served on the Assistant 
Secretary, Occupational Safety and Health Administration, and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, Washington, DC 20210, even if the Assistant Secretary is not 
a party.
    (d) If the ARB concludes that the party charged has violated the 
law, the ARB shall order the party charged to take appropriate 
affirmative action to abate the violation, including, where 
appropriate, reinstatement of the complainant to that person's former 
position, together with the compensation (including back pay), terms, 
conditions, and privileges of that employment, and compensatory 
damages. At the request of the complainant, the Board shall assess 
against the named person all costs and expenses (including attorney and 
expert witness fees) reasonably incurred. Such order is subject to 
discretionary review by the Secretary as provided in Secretary's Order 
01-2020 (or any successor to that order).
    (e) If the ARB concludes that the party charged has not violated 
the law, the ARB will issue an order denying the complaint. If, upon 
the request of the named person, the Board determines that a complaint 
was frivolous or was brought in bad faith, the Board may award to the 
named person reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

0
66. In Sec.  1981.112, revise paragraph (a) to read as follows:


Sec.  1981.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation. A final order of the Secretary is 
not subject to judicial review in any criminal or other civil 
proceeding.
* * * * *

PART 1982--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE NATIONAL TRANSIT SYSTEMS SECURITY ACT AND THE FEDERAL 
RAILROAD SAFETY ACT

0
67. The authority citation for part 1982 is revised to read as follows:

    Authority:  6 U.S.C. 1142 and 49 U.S.C. 20109; Secretary's Order 
01-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's 
Order No. 01-2020.


0
68. In Sec.  1982.110, revise paragraph (a) and add paragraphs (c), 
(d), and (e) to read as follows:


Sec.  1982.110   Decision and orders of the Administrative Review 
Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
under NTSSA was frivolous or brought in bad faith who seeks an award of 
attorney fees, must file a written petition for review with the ARB. 
The parties should identify in their petitions for review the legal 
conclusions or orders to which they object, or the objections may be 
deemed waived. A petition must be filed within 14 days of the date of 
the decision of the ALJ. The date of the postmark, facsimile 
transmittal, or electronic communication transmittal will be considered 
to be the date of filing; if the petition is filed in person, by hand 
delivery or other means, the petition is

[[Page 30623]]

considered filed upon receipt. The petition must be served on all 
parties and on the Chief Administrative Law Judge at the time it is 
filed with the ARB. Copies of the petition for review must be served on 
the Assistant Secretary, and on the Associate Solicitor, Division of 
Fair Labor Standards.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
denied or 14 days after a new decision is issued. The ARB's decision 
will be served upon all parties and the Chief Administrative Law Judge 
by mail. The decision also will be served on the Assistant Secretary, 
and on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will include, where appropriate, affirmative action to abate the 
violation; reinstatement with the same seniority status that the 
employee would have had but for the retaliation; any back pay with 
interest; and payment of compensatory damages, including compensation 
for any special damages sustained as a result of the retaliation, 
including litigation costs, expert witness fees, and reasonable 
attorney fees. Interest on back pay will be calculated using the 
interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 
and will be compounded daily. The order will also require the 
respondent to submit documentation to the Social Security 
Administration or the Railroad Retirement Board, as appropriate, 
allocating any back pay award to the appropriate months or calendar 
quarters. The order may also require the respondent to pay punitive 
damages up to $250,000. Such order is subject to discretionary review 
by the Secretary as provided in Secretary's Order 01-2020 (or any 
successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint under 
NTSSA was frivolous or was brought in bad faith, the ARB may award to 
the respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

0
69. In Sec.  1982.112, revise paragraph (a) to read as follows:


Sec.  1982.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1983--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 
2008

0
70. The authority citation for part 1983 is revised to read as follows:

    Authority:  15 U.S.C. 2087; Secretary's Order 1-2012 (Jan. 18, 
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020.

0
71. In Sec.  1983.110, revise paragraphs (a), (c), (d), and (e) as 
follows:


Sec.  1983.110   Decision and orders of the Administrative Review 
Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney's 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic 
communication transmittal will be considered to be the date of filing; 
if the petition is filed in person, by hand delivery or other means, 
the petition is considered filed upon receipt. The petition must be 
served on all parties and on the Chief Administrative Law Judge at the 
time it is filed with the ARB. Copies of the petition for review must 
be served on the Assistant Secretary and on the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
ruled upon or 14 days after a new decision is issued. The ARB's 
decision will be served upon all parties and the Chief Administrative 
Law Judge by mail. The decision will also be served on the Assistant 
Secretary and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor, even if the Assistant Secretary is 
not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. Such order is subject to discretionary review by 
the Secretary as provided in Secretary's Order 01-2020 (or any 
successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent a reasonable attorney's fee, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

0
72. In Sec.  1983.112, revise paragraph (a) to read as follows:


Sec.  1983.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of

[[Page 30624]]

Appeals for the circuit in which the violation allegedly occurred or 
the circuit in which the complainant resided on the date of the 
violation.
* * * * *

PART 1984--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT

0
73. The authority citation for part 1984 is revised to read as follows:

    Authority:  29 U.S.C. 218C; Secretary's Order 1-2012 (Jan. 18, 
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-2020.

0
74. In Sec.  1984.110, revise paragraphs (a), (c), (d), and (e) as 
follows:


Sec.  1984.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the Administrative 
Review Board (ARB). The parties should identify in their petitions for 
review the legal conclusions or orders to which they object, or the 
objections may be deemed waived. A petition must be filed within 14 
days of the date of the decision of the ALJ. The date of the postmark, 
facsimile transmittal, or electronic communication transmittal will be 
considered to be the date of filing; if the petition is filed in 
person, by hand delivery or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the 
ARB. Copies of the petition for review must be served on the Assistant 
Secretary, and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
ruled upon or 14 days after a new decision is issued. The ARB's 
decision will be served upon all parties and the Chief Administrative 
Law Judge by mail. The decision will also be served on the Assistant 
Secretary, and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor, even if the Assistant Secretary is 
not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to the complainant's former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate period. Such order is 
subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

0
75. In Sec.  1984.112, revise paragraph (a) to read as follows:


Sec.  1984.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1985--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE 
EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION 
ACT OF 2010

0
76. The authority citation for part 1985 is revised to read as follows:

    Authority:  12 U.S.C. 5567; Secretary's Order No. 1-2012 (Jan. 
18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020.


0
77. In Sec.  1985.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1985.110   Decision and orders of the Administrative Review 
Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic 
communication transmittal will be considered to be the date of filing; 
if the petition is filed in person, by hand delivery or other means, 
the petition is considered filed upon receipt. The petition must be 
served on all parties and on the Chief Administrative Law Judge at the 
time it is filed with the ARB. Copies of the petition for review must 
be served on the Assistant Secretary and on the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
decision of the ALJ, unless a motion for reconsideration has been filed 
with the ALJ in the interim. In such case, the conclusion of the 
hearing is the date the motion for reconsideration is ruled upon or 14 
days after a new decision is issued. The ARB's decision will be served 
upon all parties and the Chief Administrative Law Judge by mail. The 
decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the

[[Page 30625]]

ARB will issue an order providing relief to the complainant. The order 
will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters. 
Such order is subject to discretionary review by the Secretary as 
provided in Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

0
78. In Sec.  1985.112, revise paragraph (a) to read as follows:


Sec.  1985.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1986--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION 
ACT (SPA), AS AMENDED

0
79. The authority citation for part 1986 is revised to read as follows:

    Authority:  46 U.S.C. 2114; 49 U.S.C. 31105; Secretary's Order 
1-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's 
Order No. 01-2020.


0
80. In Sec.  1986.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1986.110   Decisions and orders of the Administrative Review 
Board.

    (a) The Assistant Secretary or any other party desiring to seek 
review, including judicial review, of a decision of the ALJ must file a 
written petition for review with the ARB. The parties should identify 
in their petitions for review the legal conclusions or orders to which 
they object, or the objections may be deemed waived. A petition must be 
filed within 14 days of the date of the decision of the ALJ. The date 
of the postmark, facsimile transmittal, or electronic communication 
transmittal will be considered to be the date of filing; if the 
petition is filed in person, by hand delivery or other means, the 
petition is considered filed upon receipt. The petition must be served 
on all parties and on the Chief Administrative Law Judge at the time it 
is filed with the ARB. Copies of the petition for review and all briefs 
must be served on the Assistant Secretary and, in cases in which the 
Assistant Secretary is a party, on the Associate Solicitor, Division of 
Occupational Safety and Health, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
ruled upon or 14 days after a new decision is issued. The ARB's 
decision will be served upon all parties and the Chief Administrative 
Law Judge by mail. The decision also will be served on the Assistant 
Secretary and on the Associate Solicitor, Division of Occupational 
Safety and Health, U.S. Department of Labor, even if the Assistant 
Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, with the same compensation, terms, conditions, and privileges 
of the complainant's employment; payment of compensatory damages (back 
pay with interest and compensation for any special damages sustained as 
a result of the retaliation, including any litigation costs, expert 
witness fees, and reasonable attorney fees the complainant may have 
incurred); and payment of punitive damages up to $250,000. Interest on 
back pay will be calculated using the interest rate applicable to 
underpayment of taxes under 26 U.S.C. 6621 and will be compounded 
daily. Such order is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. Such order is 
subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).

0
81. In Sec.  1986.112, revise paragraph (a) to read as follows:


Sec.  1986.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the court of appeals of the United States for the circuit in which 
the violation allegedly occurred or the circuit in which the 
complainant resided on the date of the violation.
* * * * *

PART 1987--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER 
SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION ACT

0
82. The authority citation for part 1987 is revised to read as follows:

    Authority:  21 U.S.C. 399d; Secretary's Order No. 1-2012 (Jan. 
18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020.


0
83. In Sec.  1987.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1987.110   Decision and orders of the Administrative Review 
Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of

[[Page 30626]]

the date of the decision of the ALJ. The date of the postmark, 
facsimile transmittal, or electronic communication transmittal will be 
considered to be the date of filing; if the petition is filed in 
person, by hand delivery or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the 
ARB. Copies of the petition for review must be served on the Assistant 
Secretary and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case the conclusion 
of the hearing is the date the motion for reconsideration is denied or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge by mail. 
The decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters. 
Such order is subject to discretionary review by the Secretary as 
provided in Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

0
84. In Sec.  1987.112, revise paragraph (a) to read as follows:


Sec.  1987.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1988--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER 
SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY 
ACT (MAP-21)

0
85. The authority citation for part 1988 is revised to read as follows:

    Authority:  49 U.S.C. 30171; Secretary's Order No. 1-2012 (Jan. 
18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020.

0
86. In Sec.  1988.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1988.110   Decision and orders of the Administrative Review 
Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic 
communication transmittal will be considered to be the date of filing; 
if the petition is filed in person, by hand delivery or other means, 
the petition is considered filed upon receipt. The petition must be 
served on all parties and on the Chief Administrative Law Judge at the 
time it is filed with the ARB. Copies of the petition for review must 
be served on the Assistant Secretary and on the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
decision of the ALJ, unless a motion for reconsideration has been filed 
with the ALJ in the interim. In such case, the conclusion of the 
hearing is the date the motion for reconsideration is ruled upon or 14 
days after a new decision is issued. The ARB's decision will be served 
upon all parties and the Chief Administrative Law Judge by mail. The 
decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters. 
Such order is subject to discretionary review by the Secretary as 
provided in Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

[[Page 30627]]


0
87. In Sec.  1988.112, revise paragraph (a) to read as follows:


Sec.  1988.112   Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

Title 41--Public Contracts and Property Management

Office of Federal Contract Compliance Programs

PART 50-203 RULES OF PRACTICE

0
88. The authority citation for part 50-203 continues to read as 
follows:

    Authority:  Sec. 4, 49 Stat. 2038; 41 U.S.C. 38, unless 
otherwise noted.


0
89. In Sec.  50-203.21, revise paragraph (d) to read as follows:


Sec.  50-203.21   Decisions.

* * * * *
    (d) Thereafter, the Administrative Review Board may issue a 
decision ruling upon each exception filed and including any appropriate 
wage determination. Any such decision shall be published in the Federal 
Register after it becomes the final action of the Department.

PART 60--30 RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO 
ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246

0
90. The authority citation for part 60-30 continues to read as follows:

    Authority:  Executive Order 11246, as amended, 30 FR 12319, 32 
FR 14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and 
38 U.S.C. 4212, as amended.


0
91. Revise Sec.  60-30.29 to read as follows:


Sec.  60-30.29   Record.

    After expiration of the time for filing briefs and exceptions, the 
Administrative Review Board, United States Department of Labor, shall 
make a decision, which shall be the Administrative order, on the basis 
of the record. The record shall consist of the record for recommended 
decision, the rulings and recommended decision of the Administrative 
Law Judge and the exceptions and briefs filed subsequent to the 
Administrative Law Judge's decision.

0
92. Revise Sec.  60-30.30 to read as follows:


Sec.  60-30.30   Administrative Order.

    After expiration of the time for filing, the Administrative Review 
Board, United States Department of Labor, shall make a decision which 
shall be served on all parties. If the Administrative Review Board, 
United States Department of Labor, concludes that the defendant has 
violated the Executive Order, the equal opportunity clause, or the 
regulations, an Administrative Order shall be issued enjoining the 
violations, and requiring the contractor to provide whatever remedies 
are appropriate, and imposing whatever sanctions are appropriate, or 
any of the above. In any event, failure to comply with the 
Administrative Order shall result in the immediate cancellation, 
termination, and suspension of the respondent's contracts and/or 
debarment of the respondent from further contracts.

0
93. Revise Sec.  60-30.37 to read as follows:


Sec.  60-30.37   Final Administrative Order.

    After expiration of the time for filing exceptions, the 
Administrative Review Board, United States Department of Labor, shall 
issue an Administrative Order which shall be served on all parties. 
Unless the Administrative Review Board, United States Department of 
Labor, issues an Administrative Order within 30 days after the 
expiration of the time for filing exceptions, the Administrative Law 
Judge's recommended decision shall become a final Administrative Order 
which shall become effective on the 31st day after expiration of the 
time for filing exceptions. Except as to specific time periods required 
in this subsection, 41 CFR 60-30.30 shall be applicable to this 
section.

[FR Doc. 2020-10909 Filed 5-19-20; 8:45 am]
 BILLING CODE 4510-HL-P