69184 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Notices

1Title 28 CFR part 35 effectuates Title IIA of the

Americans with Disabilities Act of 1990.

2Title 29 CFR part 34, which implements the

nondiscrimination and equal opportunity

provisions of the JTPA, refers to the Civil Rights

Center by its previous name, the Directorate of Civil

Rights (DCR).

3Executive Order 13160 forbids discrimination in

Federally conducted education and training

programs and activities on the basis of race, sex,

color, national origin, disability, religion, age,

sexual orientation, and status as a parent.

4The purpose of Executive Order 13166 is to

improve access to federally conducted and federally

assisted programs and activities for persons who, as

a result of national origin, are limited in their

English proficiency (LEP).

DEPARTMENT OF LABOR

Office of the Secretary

[Secretary’s Order 4–2000]

Delegation of Authority and

Assignment of Equal Opportunity

Responsibility for Department of Labor

External Programs and Conducted

Programs

1. Purpose. To (1) assign

responsibility for the enforcement of

equal opportunity and

nondiscrimination laws, executive

orders and statutes relating to programs

or activities financially assisted or

conducted by the Department of Labor

(DOL); (2) delegate responsibility

assigned to the Department of Labor by

the Department of Justice to implement

subpart F of Title 28 CFR part 35; 1 and

(3) provide notification that the

Directorate of Civil Rights within

OASAM is now the Civil Rights Center

(CRC).

2. Directives Affected. Secretary’s

Order 2–81 is canceled. The provisions

of section 5(a) of this Order supersede

sections 4(a)(7), (15), (17), and (30) of

Secretary’s Order 4–75 and section

4(a)(7) of Secretary’s Order 2–85. This

directive does not affect Secretary’s

Order 3–96.

3. Policy. It is the policy of DOL to

promote equal opportunity in programs

or activities it financially assists or

conducts, and to ensure full compliance

with all constitutional, statutory, and

regulatory equal opportunity and

nondiscrimination provisions in all

such programs or activities.

Additionally, it is the policy of DOL to

ensure full compliance with the

statutory provisions of the Americans

with Disabilities Act of 1990, as

amended, and its implementing

regulations among the public entities

assigned to DOL by the Department of

Justice.

4. Background. Secretary’s Order 8–

80, issued on October 28, 1980,

established the Office of Civil Rights

(OCR) within the Office of the Secretary,

and gave that office responsibility for

enforcing Title VI of the Civil Rights Act

of 1964, as amended; Section 504 of the

Rehabilitation Act of 1973, as amended;

Title IX of the Education Amendments

of 1972, as amended; and the Age

Discrimination Act of 1975, as

amended, in programs or activities

financially assisted by DOL. Secretary’s

Order 2–81, issued on June 1, 1981,

canceled Secretary’s Order 8–80, and

transferred OCR to the Office of the

Assistant Secretary for Administration

and Management. On June 18, 1985,

Secretary’s Order 2–85 assigned to the

Assistant Secretary, OASAM, working

through OCR, responsibility for the

enforcement of Section 167 of the Job

Training Partnership Act. Effective

October 14, 1986, OCR underwent an

organizational change, and its name

changed to the Directorate of Civil

Rights. On December 10, 1995, the name

of the Directorate of Civil Rights became

the Civil Rights Center (CRC).

5. Delegation of Authority and

Assignment of Responsibilities

a. Through the Assistant Secretary

(OASAM), the Director (CRC) is

delegated authority and assigned

responsibility for:

(1) Developing, implementing, and

monitoring DOL’s civil rights

enforcement program under all equal

opportunity and nondiscrimination

requirements applicable to programs or

activities financially assisted or

conducted by DOL, including:

(a) Title VI of the Civil Rights Act of

1964, as amended (42 U.S.C. 2000d et

seq.);

(b) Section 504 of the Rehabilitation

Act of 1973, as amended 29 U.S.C. 794);

(c) Section 508(f) of the Rehabilitation

Act of 1973, as amended (29 U.S.C.

794d);

(d) the Age Discrimination Act of

1975, as amended (42 U.S.C. 6101 et

seq.);

(e) Title IX of the Education

Amendments of 1972, as amended (20

U.S.C. 1681 et seq.);

(f) Section 167 of the Job Training

Partnership Act, as amended (29 U.S.C.

1577) 2;

(g) Section 188 of the Workforce

Investment Act of 1998 (29 U.S.C. 2938);

(h) Executive Order 13160 (65 Fed.

Reg. 39,773 (June 23, 2000)) 3;

(i) Executive Order 13166 (65 Fed.

Reg. 50,121 (August 11, 2000)) 4; and,

(j) other similarly related laws,

executive orders and statutes.

(2) Implementing subpart F of Title 28

CFR part 35, which describes the

compliance procedures that apply to

public entities subject to Title IIA of the

Americans with Disabilities Act of 1990

for components of State and local

governments that exercise

responsibilities, regulate, or administer

services, programs, or activities in all

programs, services, and regulatory

activities relating to labor and the

workforce.

(3) Establishing and formulating all

policies, standards, and procedures for,

as well as issuing rules and regulations

governing, the civil rights enforcement

programs under the laws, executive

orders and statutes referred to in 5.a (1)

(a) through (j).

(4) Achieving compliance through

pre-approval and post-approval reviews,

complaint investigations and other

compliance monitoring techniques,

negotiations, mediations, and other

alternative dispute resolution

techniques, conciliation proceedings,

and the application of appropriate

sanctions and remedies.

(5) Cooperating and coordinating with

DOL Agencies, the Office of the

Inspector General, the Department of

Justice, the Department of Health and

Human Services, the Equal Employment

Opportunity Commission, and other

agencies in connection with the

administration of nondiscrimination

and equal opportunity laws.

(6) Developing and conducting

training and providing technical

assistance for CRC staff, as well as for

DOL Agency program staffs, recipients

of Federal financial assistance from

DOL, and beneficiaries of that

assistance, programs or activities

conducted by DOL.

(7) Developing, implementing, and

maintaining a management information

and case tracking system that can be

used to assess the effectiveness of the

DOL Civil Rights program.

(8) Issuing subpoenas for the purpose

of any investigation or hearing

conducted under section 188 of WIA, as

authorized by section 183(c) of WIA,

and pursuant to the provisions of

section 9 of the Federal Trade

Commission Act (15 U.S.C. 49).

b. The Assistant Secretary for

Administration and Management and

the Director, Civil Rights Center (CRC),

are delegated authority and assigned

responsibility for:

(1) Invoking all appropriate claims of

privilege, arising from the functions of

the Office of the Assistant Secretary for

Administration and Management or the

Civil Rights Center, following his/her

personal consideration of the matter and

in accordance with the following

guidelines:

(i) Informant’s Privilege (to protect

from disclosure the identity of any

person who has provided information to

Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Notices 69185

OASAM in cases arising under authority

delegated or assigned to OASAM or CRC

in subparagraph 5(b) of this Order): A

claim of privilege may be asserted

where the Assistant Secretary, OASAM

or the Director, CRC has determined that

disclosure of the privileged matter may:

Interfere with an investigation or

enforcement action taken by OASAM

under authority delegated or assigned to

OASAM in subparagraph 5(a) of this

Order; adversely affect persons who

have provided information to OASAM;

or deter other persons from reporting

violations of the statute or other

authority.

(ii) Deliberative Process Privilege (to

withhold information which may

disclose predecisional intra-agency or

inter-agency deliberations, including:

the analysis and evaluation of facts;

written summaries of factual evidence;

and recommendations, opinions or

advice on legal or policy matters; in

cases arising under authority delegated

or assigned to OASAM in section 5(a) of

this Order): A claim of privilege may be

asserted where the Assistant Secretary,

OASAM or the Director, CRC has

determined that disclosure of the

privileged matter would have an

inhibiting effect on the agency’s

decision-making processes.

(iii) Privilege for Investigative Files

compiled for law enforcement purposes

(to withhold information which may

reveal OASAM’s confidential

investigative techniques and

procedures): The investigative files

privilege may be asserted where the

Assistant Secretary, OASAM or the

Director, CRC has determined that

disclosure of the privileged matter may

have an adverse impact upon OASAM’s

enforcement of an authority delegated or

assigned to OASAM in subparagraph

5(a) of this Order, by: Disclosing

investigative techniques and

methodologies; deterring persons from

providing information to OASAM;

prematurely revealing the facts of

OASAM’s case; or disclosing the

identities of persons who have provided

information under an express or implied

promise of confidentiality.

(iv) Prior to filing a formal claim of

privilege, the Assistant Secretary,

OASAM or the Director, CRC shall

personally review: All the documents

sought to be withheld (or, in cases

where the volume is so large that all of

the documents cannot be personally

reviewed in a reasonable time, an

adequate and representative sample of

such documents); and a description or

summary of the litigation in which the

disclosure is sought.

(v) In asserting a claim of

governmental privilege, the Assistant

Secretary, OASAM or the Director, CRC

shall ask the Solicitor of Labor or the

Solicitor’s representative to file any

necessary legal papers or documents.

c. Agency heads are delegated

authority and assigned responsibility

for:

(1) Promoting and instituting

measures to assure that equality of

opportunity is a reality in all programs

or activities financially assisted or

conducted by their Agencies;

(2) Assuring that equal opportunity

and nondiscrimination requirements are

incorporated into all regulations,

procedures, and other guidelines and

references covering programs or

activities financially assisted or

conducted by their Agencies; and

(3) Maintaining close liaison with,

and cooperating with, the Assistant

Secretary, OASAM, and the Director,

CRC, in all civil rights and equal

opportunity matters affecting programs

or activities financially assisted or

conducted by their Agencies.

d. The Solicitor of Labor shall have

the 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.

The authorities established in

Secretary’s Order 2–90 concerning the

Office of Inspector General and the

representation of the Inspector General

are not affected by this paragraph.

6. Redelegation and Reassignment.

The responsibility herein assigned

through the Assistant Secretary,

OASAM, to the Director, CRC by section

5(a) of this Order may be further

redelegated and reassigned, to the extent

permitted by applicable regulations.

7. Effective Date. This delegation of

authority and assignment of

responsibility shall be effective

immediately.

Dated: November 7, 2000.

Alexis M. Herman,

Secretary of Labor.

[FR Doc. 00–29095 Filed 11–14–00; 8:45 am]

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