Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Notices 77527 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. Earlier notification 

of this change was not possible. 

By order of the Commission. 

Issued: December 22, 2014. 

William R. Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2014–30292 Filed 12–22–14; 11:15 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Secretary’s Order 01–2014 

Subject: Delegation of Authority and 

Assignment of Responsibility to the 

Administrator, Wage and Hour Division. 

1. Purpose. To delegate authorities 

and assign responsibilities to the 

Administrator, Wage and Hour Division. 

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); and 

Reorganization Plan No. 6 of 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 05–2010 (Administrator, Wage 

and Hour Division) is hereby 

superseded. All other Secretary’s Orders 

and DOL directives (including policies 

and guidance) which reference 

Secretary’s Order 05–2010 are amended 

to refer to this Order. 

4. Background. This Order supersedes 

Secretary’s Order 05–2010 and delegates 

the Secretary’s authority as a certifying 

official to issue Law Enforcement 

Agency Certifications (also referred to as 

declarations or endorsements) for T 

Nonimmigrant Status applications 

under section 107(e) of the Victims of 

Trafficking and Violence Protection Act 

of 2000, as amended, 8 U.S.C. 

1101(a)(15)(T) and related Department 

of Homeland Security regulations (see 8 

CFR 214.11), and delegates enforcement 

authority for E.O. 13658 to the 

Administrator, Wage and Hour Division. 

The authorities and responsibilities 

specified below are consistent with the 

Wage and Hour Division authorities and 

responsibilities currently in effect. 

5. Delegations of Authority and 

Assignment of Responsibility 

A. The Administrator, Wage and Hour 

Division is hereby delegated authority 

and assigned responsibility, except as 

hereinafter provided, for carrying out 

the employment standards, labor 

standards, and labor-management 

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 statutes and Executive Orders: 

(1) The Fair Labor Standards Act of 

1938, as amended, 29 U.S.C. 201 et seq. 

(FLSA), including the issuance 

thereunder of child labor hazardous 

occupation orders and other regulations 

concerning child labor standards, and 

subpoena authority under 29 U.S.C. 209. 

Authority and responsibility for the 

Equal Pay Act, section 6(d) of the FLSA, 

were transferred to the Equal 

Employment Opportunity Commission 

on July 1, 1979, pursuant to the 

President’s Reorganization Plan No. 1 of 

February 1978, set out in the Appendix 

to title 5, Government Organization and 

Employees. Authority and responsibility 

for FLSA sections 218a and 218b were 

transferred to the Employee Benefits 

Security Administration on December 

21, 2011, pursuant to Secretary’s Order 

1–2011, including the associated 

authority in sections 209 and 211 to 

issue subpoenas and conduct 

investigations under sections 218a and 

218b. Authority and responsibility for 

FLSA section 218c was transferred to 

the Occupational Health and Safety 

Administration pursuant to Secretary’s 

Orders 5–2010 and 1–2012, including 

the associated authority in sections 209 

and 211 to issue subpoenas and conduct 

investigations under section 218c. 

(2) The Walsh-Healey Public 

Contracts Act of 1936, as amended, 41 

U.S.C. 35 et seq., except those 

provisions relating to safety and health 

delegated to the Assistant Secretary for 

Occupational Safety and Health or the 

Assistant Secretary for Mine Safety and 

Health. The authority of the 

Administrator, WHD includes subpoena 

authority under 41 U.S.C. 39. 

(3) The McNamara-O’Hara Service 

Contract Act of 1965, as amended, 41 

U.S.C. 6701 et seq., except those 

provisions relating to safety and health 

delegated to the Assistant Secretary for 

Occupational Safety and Health. The 

authority of the Administrator, WHD 

includes subpoena authority under 41 

U.S.C. 6707(a). 

(4) The Davis-Bacon Act, as amended, 

40 U.S.C. 3141 et seq., and any laws 

now existing or subsequently enacted, 

providing for prevailing wage findings 

by the Secretary in accordance with or 

pursuant to the Davis-Bacon Act; the 

Copeland Act, 40 U.S.C. 3145; 

Reorganization Plan No. 14 of 1950; and 

the Tennessee Valley Authority Act, 16 

U.S.C. 831. 

(5) The Contract Work Hours and 

Safety Standards Act, as amended, 40 

U.S.C. 3701 et seq., except those 

provisions relating to safety and health 

delegated to the Assistant Secretary for 

Occupational Safety and Health. 

(6) Title III of the Consumer Credit 

Protection Act, 15 U.S.C. 1671 et seq. 

(7) The labor standards provisions 

contained in sections 5(i), (m), (n) and 

7(g) of the National Foundation for the 

Arts and the Humanities Act, 20 U.S.C. 

954(i)(m), (n) and 956(g), except those 

provisions relating to safety and health 

delegated to the Assistant Secretary for 

Occupational Safety and Health. 

(8) The Migrant and Seasonal 

Agricultural Worker Protection Act of 

1983, as amended, 29 U.S.C. 1801 et 

seq., including subpoena authority 

under 29 U.S.C. 1862(b). 

(9) The Employee Polygraph 

Protection Act of 1988, 29 U.S.C. 2001 

et seq., including subpoena authority 

under 29 U.S.C. 2004(b). 

(10) The following provisions of the 

Immigration and Nationality Act of 

1952, as amended, 8 U.S.C. 1101 et seq. 

(INA): Section 258, 8 U.S.C. 

1288(c)(4)(B)–(F), relating to the 

enforcement of the attestations required 

by employers pertaining to the 

employment of nonimmigrant longshore 

workers (D visas); sections 212(n)(2) and 

(t)(3), 8 U.S.C. 1182(n)(2) and (t)(3), 

relating to the enforcement of labor 

condition applications for employment 

of nonimmigrant professionals (H–1B, 

H–1B1, and E–3 visas); section 

218(g)(2), 8 U.S.C. 1188(g)(2), relating to 

assuring employer compliance with 

terms and conditions of employment 

under the temporary alien agricultural 

labor certification program (H–2A 

visas); section 214(c)(14), 8 U.S.C. 

1184(c)(14), relating to assuring 

employer compliance with the terms 

and conditions of employment under 

the temporary alien labor certification 

program in occupations other than 

agriculture or registered nursing (H–2B 

visas); and 8 U.S.C. 1101(a)(15)(U) and 

related Department of Homeland 

Security regulations (see 8 CFR 214.14), 

relating to issuance of U Nonimmigrant 

Status Certifications (U visa law 

enforcement certifications). 

(11) The Family and Medical Leave 

Act of 1993, as amended, 29 U.S.C. 2601 

et seq. (FMLA), including subpoena 

authority under 29 U.S.C. 2616. 

(12) The Occupational Safety and 

Health Act of 1970, as amended, 29 

U.S.C. 651 et seq. (OSH Act), to conduct 

inspections and investigations, issue 

administrative subpoenas, issue 

citations, assess and collect penalties, 

and enforce any other remedies 

available under the statute, and to 

develop and issue compliance 

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77528 Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Notices 

interpretations under the statute, with 

regard to the standards on: 

(a) Field sanitation, 29 CFR 1928.110; 

and 

(b) Temporary labor camps, 29 CFR 

1910.142, with respect to any 

agricultural establishment where 

employees are engaged in ‘‘agricultural 

employment’’ within the meaning of the 

Migrant and Seasonal Agricultural 

Worker Protection Act, 29 U.S.C. 

1802(3), regardless of the number of 

employees, including employees 

engaged in hand packing of produce 

into containers, whether done on the 

ground, on a moving machine, or in a 

temporary packing shed, except that the 

Assistant Secretary for Occupational 

Safety and Health retains enforcement 

responsibility over temporary labor 

camps for employees engaged in egg, 

poultry, or red meat production, or the 

post-harvest processing of agricultural 

or horticultural commodities. 

The authority of the Administrator, 

WHD under the Occupational Safety 

and Health Act with regard to the 

standards on field sanitation and 

temporary labor camps does not include 

any other agency authorities or 

responsibilities, such as rulemaking 

authority. Such authorities under the 

statute are retained by the Assistant 

Secretary for Occupational Safety and 

Health. 

Moreover, nothing in this Order shall 

be construed as derogating from the 

right of States operating OSHAapproved State plans under 29 U.S.C. 

667 to continue to enforce field 

sanitation and temporary labor camp 

standards if they so choose. The 

Assistant Secretary for Occupational 

Safety and Health retains the authority 

to monitor the activity of such States 

with respect to field sanitation and 

temporary labor camps. 

(13) E.O. 13495 (‘‘Nondisplacement of 

Qualified Workers Under Service 

Contracts’’) of January 30, 2009. 

(14) E.O. 13658 (‘‘Establishing a 

Minimum Wage for Contractors’’) of 

February 12, 2014. 

(15) 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)–(14) of this 

paragraph, as directed by the Secretary. 

B. The Administrator, Wage and Hour 

Division is hereby delegated authority 

and assigned responsibility to issue 

administrative subpoenas under section 

9 of the Fair Labor Standards Act of 

1938, as amended, 29 U.S.C. 209; 

section 5 of the Walsh-Healey Public 

Contracts Act, as amended, 41 U.S.C. 

39; section 4(a) of the McNamara-O’Hara 

Service Contract Act, as amended, 41 

U.S.C. 6707(a); section 512(b) of the 

Migrant and Seasonal Agricultural 

Worker Protection Act of 1983, as 

amended, 29 U.S.C. 1862(b); section 5(b) 

of the Employee Polygraph Protection 

Act of 1988, 29 U.S.C. 2004(b); section 

106 of the Family and Medical Leave 

Act of 1993, as amended, 29 U.S.C. 

2616; and section 8(b) of the 

Occupational Safety and Health Act of 

1970, as amended, 29 U.S.C. 657(b), 

with respect to the authority delegated 

by this Order. 

C. The Wage and Hour Regional 

Administrators are hereby redelegated 

authority and assigned responsibility to 

issue administrative subpoenas under 

section 9 of the Fair Labor Standards 

Act of 1938, as amended, 29 U.S.C. 209; 

section 5 of the Walsh-Healey Public 

Contracts Act, as amended, 41 U.S.C. 

39; section 4(a) of the McNamara-O’Hara 

Service Contract Act, as amended, 41 

U.S.C. 6707 (a); section 512(b) of the 

Migrant and Seasonal Agricultural 

Worker Protection Act of 1983, as 

amended, 29 U.S.C. 1862(b); section 5(b) 

of the Employee Polygraph Protection 

Act of 1988, 29 U.S.C. 2004(b); section 

106 of the Family and Medical Leave 

Act of 1993, as amended, 29 U.S.C. 

2616; and section 8(b) of the 

Occupational Safety and Health Act of 

1970, as amended, 29 U.S.C. 657(b), 

with respect to the authority delegated 

by this Order. 

D. The Administrator, Wage and Hour 

Division is hereby delegated authority 

and assigned responsibility to issue Law 

Enforcement Agency Certifications for T 

Nonimmigrant Status applications 

under section 107(e) of the Victims of 

Trafficking and Violence Protection Act 

of 2000, as amended, 8 U.S.C. 

1101(a)(15)(T) and related Department 

of Homeland Security regulations (see 8 

CFR 214.11). 

E. The Administrator, Wage and Hour 

Division and the Assistant Secretary for 

Occupational Safety and Health are 

directed to confer regularly on 

enforcement of the Occupational Safety 

and Health Act with regard to the 

standards on field sanitation and 

temporary labor camps (see section 7.a. 

(12) of this Order), and to enter into any 

memoranda of understanding which 

may be appropriate to clarify questions 

of coverage which arise in the course of 

such enforcement. 

F. 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 2–2012 (November 16, 

2012). 

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 redelegated. 

8. Effective Date. This delegation of 

authority and assignment of 

responsibility is effective immediately. 

Dated: December 19, 2014. 

Thomas E. Perez, 

Secretary of Labor. 

[FR Doc. 2014–30224 Filed 12–23–14; 8:45 am] 

BILLING CODE 4510–27–P 

DEPARTMENT OF LABOR 

Office of Disability Employment Policy 

Advisory Committee on Increasing 

Competitive Integrated Employment 

for Individuals With Disabilities; Notice 

of Amended Charter 

In accordance with section 609 of the 

Rehabilitation Act of 1973, as amended 

by section 461 of the Workforce 

Innovation and Opportunity Act, and 

the provisions of the Federal Advisory 

Committee Act and its implementing 

regulations issued by the General 

Services Administration (GSA), the 

Department of Labor established the 

Advisory Committee on Increasing 

Competitive Integrated Employment for 

Individuals with Disabilities on 

September 15, 2014. 

The Advisory Committee on 

Increasing Competitive Integrated 

Employment for Individuals with 

Disabilities is tasked with studying and 

preparing findings, conclusions, and 

recommendations for the Secretary of 

Labor on: (1) Ways to increase the 

employment opportunities for 

mstockstill on DSK4VPTVN1PROD with NOTICES