60802 Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices 

DEPARTMENT OF LABOR 

Office of the Secretary 

[Secretary’s Order 11–2006] 

Legislative Clearance Process; 

Drafting Legislative Proposals 

1. Purpose and Scope. The purpose of 

this Secretary’s Order is to delegate 

authorities and responsibilities within 

the Department of Labor for preparation 

and clearance of legislative comments 

and legislative proposals. 

2. Authorities and Reference. This 

Order is issued under the authority of 5 

U.S.C. 301 (Departmental Regulations); 

29 U.S.C. 551 (Establishment of 

Department; Secretary; Seal); and 

Reorganization Plan No. 6 of 1950 (5 

U.S.C. Appendix 1). 

3. Background. The Department of 

Labor (DOL) is requested to comment on 

many legislative proposals and related 

matters by the Office of Management 

and Budget (OMB) and Congressional 

committees. The Solicitor of Labor is 

responsible for legal review of all 

legislative matters. Related to these legal 

responsibilities and at the direction of 

the Secretary, the Office of the Solicitor 

also obtains and coordinates the views 

of the DOL offices and agencies on 

legislative matters. In this connection, 

the Solicitor has delegated to the 

Associate Solicitor for Legal Counsel the 

responsibility of serving as Legislative 

Liaison Officer with OMB in carrying 

out the Department’s responsibilities 

under OMB Circular A–19. This Order 

sets forth the procedures to be followed 

to ensure full consideration of 

legislative proposals affecting the 

Department, and to secure appropriate 

clearance before the Department’s views 

are officially communicated. 

The Department of Labor is also 

charged with the development and 

submission of proposed legislation 

related to its mission and statutory 

duties. This Order also sets forth the 

responsibilities of DOL agencies for the 

drafting of legislation and the processes 

for clearing such draft legislation. 

Only the Secretary of Labor may 

authorize the expression of views of the 

Department, or any component thereof, 

on legislative proposals or the 

transmittal of draft legislation. Pursuant 

to Secretary’s Order 7–89, the Assistant 

Secretary for Congressional and 

Intergovernmental Affairs is delegated 

authority and assigned responsibility for 

maintaining the Department’s 

relationship with the Congress, 

legislative planning and action on the 

President’s initiatives and other 

legislative matters affecting the 

Department, and coordinating the 

transmittal of information to the 

Congress. 

4. Legislative Reports—Delegation of 

Authorities and Assignment of 

Responsibilities. 

A. The Solicitor. 

(1) As the initial step in the 

preparation of the Department’s views 

on legislative proposals, the Office of 

the Solicitor will expeditiously transmit 

the proposals and supporting materials 

for comment to all DOL Agencies and 

Offices impacted by the proposals, in 

addition to Office of Congressional and 

Intergovernmental Affairs and Office of 

the Assistant Secretary for Policy 

(OASP). The legislative proposals and 

supporting materials will be sent to 

individuals designated by Assistant 

Secretaries and Agency/Office heads. 

The Office of the Solicitor will 

determine deadlines for response. 

Because of time constraints imposed by 

OMB or the Congress, these deadlines 

will frequently be very short. 

(2) It is important that these deadlines 

be strictly adhered to in order to permit 

timely preparation of draft Departmental 

views. Accordingly, when a deadline for 

comments is not met by an Agency or 

Office, it may be necessary for the draft 

views to be sent forward without an 

Agency’s or Office’s views. 

(3) Once the Office of the Solicitor 

receives the views of the affected 

Agencies and Offices, it will prepare the 

draft Departmental views. These views 

may be in written or oral form, as 

appropriate. The draft views will be 

circulated to all affected Agencies and 

Offices in addition to OCIA and OASP. 

The Assistant Secretary for 

Congressional and Intergovernmental 

Affairs, the Assistant Secretary for 

Policy, and the Solicitor of Labor shall 

also review all Departmental views. 

(4) Following the clearance of the 

draft views by the affected Agencies, 

Offices, and above-referenced officials, 

the Office of the Solicitor will present 

the draft views to the Office of the 

Secretary in the manner specified by 

that Office. 

(a) If an affected Agency or Office 

does not provide input within the 

specified time, the Office of the Solicitor 

may use its discretion to proceed 

without this input, but shall note the 

absence of the Agency’s input in 

presenting the draft views to the Office 

of the Secretary. 

(b) If there are differences among the 

agencies on the draft views, the Office 

of the Solicitor will endeavor to 

reconcile them with appropriate 

involvement by the Office of the 

Assistant Secretary for Congressional 

and Intergovernmental Affairs and the 

Office of the Assistant Secretary for 

Policy. In the event that differences 

remain, these shall be presented to the 

Office of the Secretary. 

(5) Once the Office of the Secretary 

approves the draft views, the Office of 

the Solicitor shall transmit them to 

OMB. 

(6) The Office of the Solicitor, in its 

role as Legislative Liaison Officer to 

OMB, shall have the responsibility for 

receiving any passback from OMB and 

coordinating the resolution of any 

outstanding issues with affected DOL 

agencies. 

(7) Following receipt of OMB 

clearance, the Office of the Solicitor 

shall make appropriate arrangements for 

the actual communication of the 

Department’s views. 

(8) The Office of the Solicitor will 

establish a procedure to monitor the 

progress of legislative reports (i.e., the 

official views of the Administration as 

developed by the foregoing process) and 

will keep each Agency and Office 

informed as to the time limits that must 

be met. 

B. Assistant Secretary for 

Congressional and Intergovernmental 

Affairs. The Assistant Secretary for 

Congressional and Intergovernmental 

Affairs has been delegated authority and 

assigned responsibility for maintaining 

the Department’s relationship with the 

Congress, legislative planning and 

action on the President’s legislative 

initiatives and other legislative matters 

affecting the Department, and 

coordinating communications with 

Congress, including communications 

initiated by Congress. No other Agency 

or Office may communicate views to the 

Congress on legislative matters without 

the approval of the Assistant Secretary. 

C. Assistant Secretaries and Agency 

Heads. Each Agency and Office shall 

assure the availability of officials 

authorized to comment on legislative 

proposals and clear reports at all times 

during business hours. For this purpose, 

each Agency and Office Head shall 

provide a list of persons in addition to 

himself who has been delegated such 

authority. This list shall be transmitted 

to the Solicitor. 

5. Preparation of Legislation— 

Delegation of Authorities and 

Assignment of Responsibilities. 

A. Before any substantial expenditure 

of time or resources in the development 

of any legislative proposal, the head of 

the Agency or Office advancing the 

proposal shall notify the Assistant 

Secretary for Policy, the Assistant 

Secretary for Congressional and 

Intergovernmental Affairs, and the 

Solicitor of Labor with respect to the 

nature of the legislation that will be 

proposed. 


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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices 60803 

B. The Assistant Secretary for Policy 

will inform the Agency or Office Head 

whether consideration of the proposal 

by the Policy Planning Board (PPB) is 

necessary. (Please see Secretary’s Order 

3–2002 (Policy Planning Board). 

C. Following a decision as to the 

applicability of PPB procedures, the 

proposing Agency or Office will contact 

the Office of the Solicitor to determine 

whether additional internal clearance, 

consistent with Section 4 of this Order, 

is necessary. The Office of the Solicitor 

shall also ensure that the proposed 

legislation is accompanied by 

appropriate supporting documentation, 

such as section-by-section analyses and 

transmittal letters (‘‘transmittal 

package’’). 

D. The Office of the Assistant 

Secretary for Policy and/or the Office of 

the Solicitor shall present the cleared 

legislative proposal and transmittal 

package to the Office of the Secretary of 

Labor for review and Departmental 

approval. 

E. If the Office of the Secretary 

approves the proposed legislation and 

transmittal package, the Office of the 

Solicitor will submit these items to 

OMB in accordance with OMB Circular 

A–19. 

F. The Office of the Solicitor shall 

have the responsibility of receiving any 

passback from OMB and coordinating 

the resolution of any outstanding issues 

with the affected DOL Agencies or 

Offices. 

G. Following receipt of OMB 

clearance, the Office of the Solicitor will 

work with the Office of Congressional 

and Intergovernmental Affairs and the 

Office of the Secretary to arrange for 

formal transmittal of the draft legislation 

and supporting documents to the 

Congress. 

6. Directives Affected. 

A. This Order repeals Secretary’s 

Order 26–1972 (‘‘Deadlines on 

Legislative Comments—Sign-off 

Authority for Legislative Comments—

Drafting Legislative Proposals’’). 

B. This Order does not affect the 

responsibilities of the Assistant 

Secretary for Congressional and 

Intergovernmental Affairs or the 

Assistant Secretary for Public Affairs 

under Secretary’s Order 7–89. 

C. This Order does not affect the 

authorities or responsibilities of the 

Office of Inspector General (OIG) under 

the Inspector General Act of 1978, as 

amended, or under Secretary’s Order 

04–2006 (February 21, 2006). 

D. This Order does not affect the 

authorities or responsibilities of the 

EEOICPA Ombudsman under the 

Energy Employees Occupational Illness 

Compensation Program Act or under 

Secretary’s Order 1–2005. 

7. Effective Date. This Order is 

effective immediately. 

Dated: October 2, 2006. 

Elaine L. Chao, 

Secretary of Labor. 

[FR Doc. 06–8664 Filed 10–13–06; 8:45 am] 

BILLING CODE 4510–23–P 


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