[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Notices]
[Pages 58834-58835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27337]
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DEPARTMENT OF LABOR
Office of the Secretary
[Secretary's Order 7-2009]
Delegation of Authority and Assignment of Responsibilities to the
Director, Office of Federal Contract Compliance Programs
1. Purpose. To delegate authorities and assign responsibilities to
the Director, Office of Federal Contract Compliance Programs.
2. Authorities. This Order is issued under the authority of 5
U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 et seq.
(Establishment of Department; Secretary; Seal); Reorganization Plan No.
6 1950 (5 U.S.C. App. 1 Reorg. Plan 6 1950); and the authorities cited
in Section 5 of this Order.
3. Directives Affected. Secretary's Order 1-2008 (Employment
Standards) is hereby canceled. All other Secretary's Orders and DOL
directives (including policies and guidance) which reference
Secretary's Orders 1-2008 or the Employment Standards Administration
are amended to refer to this Order and/or Secretary's Orders governing
the Office of Workers' Compensation Programs, the Wage and Hour
Division or the Office of Labor-Management Standards, as appropriate.
4. Background. This Order is occasioned by the November 8, 2009
dissolution of the Employment Standards Administration (ESA) into its
[[Page 58835]]
four constituent components: Wage and Hour Division; Office of Federal
Contract Compliance Programs; Office of Workers' Compensation Programs;
and the Office of Labor-Management Standards. This Order cancels
Secretary's Order 1-2008 and constitutes the Secretary's Order
devolving certain authorities and responsibilities of ESA to the Office
of Federal Contract Compliance Programs (OFCCP). Specifically, this
Order delegates authorities and assigns responsibilities to the
Director, OFCCP. The authorities and responsibilities specified below
are consistent with the current ESA redelegation of authority and
assignment of responsibility to OFCCP in effect at the time of this
dissolution.
5. Delegation of Authority and Assignment of Responsibility.
A. The Director, Office of Federal Contract Compliance Programs is
hereby delegated authority and assigned responsibility, except as
hereinafter provided, for carrying out the standards, policies,
programs, and activities of the Department of Labor, including those
functions to be performed by the Secretary of Labor under the
designated provisions of the following laws:
(1) The affirmative action provisions of the Vietnam Veterans'
Readjustment Assistance Act of 1974, 38 U.S.C. 4212(a)(1),
4212(a)(2)(A), and 4212(b) (2004) and 38 U.S.C. 4212(a) and (b)(2002),
subject to (i) Secretary's Order 3-2009, which remains in effect, and
which, in part, delegates authority and assigns responsibility to the
Assistant Secretary for Employment and Training for administering the
requirements regarding priority in referral to Federal contractor
employment openings and disseminating lists of Federal contractor
employment openings under the Vietnam Veterans' Readjustment Assistance
Act, 38 U.S.C. 4212(a)(2)(B) and (C); and (ii) Secretary's Order 3-
2004, which remains in effect, and which, in part, delegates authority
and assigns responsibility to the Assistant Secretary for Veterans'
Employment and Training for administering the Federal contractor
reporting requirements under the Vietnam Veterans' Readjustment
Assistance Act, 38 U.S.C. 4212(d), and determining compliance of State
agencies pursuant to 20 CFR 1001.130 regarding priority in referral to
Federal contractor employment listings and disseminating lists of
Federal contractor employment openings under the Vietnam Veterans'
Readjustment Assistance Act, 38 U.S.C. 4212(a)(2)(B) and (C).
(2) Section 503 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 793; and Executive Order 11758 (``Delegating Authority of the
President under the Rehabilitation Act of 1973'') of January 15, 1974.
(3) Executive Order 11246 ``Equal Employment Opportunity''
(September 24, 1965), as amended.
(4) Title I of the Americans with Disabilities Act of 1990, 42
U.S.C. 12101 et seq., and the regulations at 41 CFR part 60-742.
(5) The employment eligibility and recordkeeping provisions of the
Immigration and Nationality Act of 1952, as amended, 8 U.S.C.
1324A(b)(3).
(6) Executive Order 13496 of January 30, 2009, ``Notification of
Employee Rights under Federal Labor Laws.''
(7) Such additional Federal laws that from time to time may assign
to the Secretary or the Department duties and responsibilities similar
to those listed under subparagraphs (1)-(6) of this paragraph, as
directed by the Secretary.
B. The Solicitor of Labor is delegated authority and assigned
responsibility for providing legal advice and assistance to all
officers of the Department relating to the administration of the
statutory provisions, regulations, and Executive Orders listed above.
The bringing of legal proceedings under those authorities, the
representation of the Secretary and/or other officials of the
Department of Labor, and the determination of whether such proceedings
or representations are appropriate in a given case, are delegated
exclusively to the Solicitor.
6. Reservation of Authority and Responsibility.
A. The submission of reports and recommendations to the President
and the Congress concerning the administration of the statutory
provisions and Executive Orders listed above is reserved to the
Secretary.
B. Nothing in this Order shall limit or modify the delegation of
authority and assignment of responsibility to the Administrative Review
Board by Secretary's Order 1-2002 (September 24, 2002).
C. Except as expressly provided, nothing in this Order shall limit
or modify the provisions of any other Order, including Secretary's
Order 4-2006 (Office of Inspector General).
7. Redelegation of Authority. Except as otherwise provided by law,
all of the authorities delegated in this Order may be re-delegated.
8. Effective Date. This order shall become effective on November 8,
2009.
Dated: November 6, 2009.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. E9-27337 Filed 11-12-09; 8:45 am]
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