2280 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

DEPARTMENT OF LABOR 

Office of the Secretary 

[Secretary’s Order 03–2009] 

Delegation of Authority and 

Assignment of Responsibility to the 

Assistant Secretary for Employment 

and Training 

1. Purpose and Scope. The purpose of 

this Secretary’s Order is to delegate and 

assign to the Assistant Secretary for 

Employment and Training (ASET) the 

authorities and responsibilities of the 

Secretary of Labor for organizing, 

implementing, and putting into 

operation employment and training 

policies, programs, and activities. 

2. Authority and Directives Affected. 

A. Authorities. This Order is issued 

under 5 U.S.C. 301 (Departmental 

Regulations); 29 U.S.C. 551 

(Establishment of the Department; 

Secretary; Seal); and Reorganization 

Plan No. 6 of 1950 (5 U.S.C. Appendix). 

B. Directives Affected. Secretary’s 

Order 3–2007 is hereby superseded and 

cancelled by this Order. Any Secretary’s 

Orders or other DOL document 

(including policies and guidance) which 

references Secretary’s Orders 4–75 

(Manpower Programs), 2–79 (Targeted 

Jobs Tax Credit), 3–81 (Trade Act of 

1974), or 2–85 (Job Training Partnership 

Act), which were superseded and 

cancelled by Secretary’s Order 3–2007, 

and the delegation of authority and 

assignment of responsibility of the 

ASET under Secretary’s Order 3–81, are 

deemed to refer to this Order instead. 

3. Background. This Order, which 

repeals and supersedes Secretary’s 

Order 3–2007, updates the roles and 

responsibilities of the ASET to include 

responsibility for determining whether a 

recipient of a grant awarded or 

administered by the Employment and 

Training Administration is entitled, 

pursuant to the Religious Freedom 

Restoration Act, to an exemption from a 

religious non-discrimination provision 

of a statute or regulation enforced by the 

Department. In general, this Order 

constitutes the primary Secretary’s 

Order for the Employment and Training 

Administration (ETA). This Order 

consolidates all of the authority 

delegated and the responsibilities 

assigned to the ASET for the 

employment and training policies, 

programs, and activities of ETA. The 

ASET is responsible for overseeing and 

managing a budget that funds the 

nation’s publicly funded workforce 

investment system. This system 

contributes to the more efficient 

functioning of the U.S. labor market by 

providing a wide array of employment 

and training services to employers, job 

seekers, and youth, including job 

training, employment services, labor 

market information, and income 

maintenance services. The ASET 

manages the agency responsible for 

carrying out these responsibilities. 

4. Delegation of Authority and 

Assignment of Responsibilities. 

A. The Assistant Secretary for 

Employment and Training is hereby 

delegated authority and assigned 

responsibility for carrying out the 

standards, policies, programs, and 

activities of the Department of Labor, 

including grant making and contract 

procurement activities in accordance 

with existing governmental and 

Departmental regulations, relating to 

workforce development activities such 

as employment services, benefit 

assistance, and training, including those 

functions to be performed by the 

Secretary of Labor under the designated 

provisions of the following statutes, 

except as provided in paragraph 5 of 

this Order. 

(1) American Competitiveness and 

Workforce Improvement Act, Section 

414(c), Public Law 105–277, as 

amended by Division J, Section 428, 

Public Law 108–447, 29 U.S.C. 2916a. 

(2) Appalachian Regional 

Development Act of 1965, as amended, 

40 U.S.C. 14101 et seq. 

(3) Federal Unemployment Tax Act, 

as amended, 26 U.S.C. 3301–3311, 

including the Federal-State Extended 

Unemployment Compensation Act of 

1970, as amended, 26 U.S.C. 3304 note. 

(4) Health Coverage Tax Credit, 

section 31 of the Internal Revenue Code 

of 1986, 26 U.S.C. 31. 

(5) Immigration and Nationality Act of 

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

and related laws, subject to (i) 

Secretary’s Order 4–2001 which remains 

in effect, which in relevant part, 

delegates authority and assigns 

responsibility to the Assistant Secretary 

for Employment Standards for the 

enforcement of alien labor certification, 

attestation, and labor condition 

application programs, and (ii) 

Secretary’s Order 18–2006 which 

remains in effect, which in relevant 

part, delegates authority and assigns 

responsibility to the Deputy 

Undersecretary for International Affairs 

for assisting the Secretary of Homeland 

Security in the preparation of 

immigration reports and assisting in the 

coordination of information on 

immigration and migration policy 

within the Department and coordinating 

the Department’s participation in 

international forums on discussions of 

migration and immigration. 

(6) Intergovernmental Cooperation 

Act of 1968, as amended, 31 U.S.C. 6501 

et seq. 

(7) National Apprenticeship Act 

(Fitzgerald Act), as amended, 29 U.S.C. 

50 et seq. 

(8) Older Americans Act of 1965, as 

amended, 42 U.S.C. 3056 et seq. 

(9) Public Works Acceleration Act, 

Public Law 87–658, 42 U.S.C. 2641 et 

seq. 

(10) Rehabilitation Act of 1973, as 

amended, 29 U.S.C. 795. 

(11) Robert T. Stafford Disaster Relief 

and Emergency Assistance Act, as 

amended, sections 410 and 423, 42 

U.S.C. 5177 and 5189a; Executive Order 

12381, ‘‘Delegation of Emergency 

Management Functions’’ (September 8, 

1982), which delegates the authority of 

the President to exercise powers of the 

President with respect to Federal 

disaster assistance to the Federal 

Emergency Management Agency; 

‘‘Delegation of Authority to the 

Department of Labor,’’ from the Federal 

Emergency Management Agency to 

provide Federal disaster assistance 

(February 10, 1986). 

(12) Rural Development Act of 1972, 

as amended, 7 U.S.C. 1932(d)(4). 

(13) Small Business Act, as amended, 

15 U.S.C. 644(n). 

(14) Social Security Act of 1935, as 

amended, Title III—Grants to States for 

Unemployment Compensation 

Administration, 42 U.S.C. 501–504; 

Title IX—Unemployment Security 

Administration Financing, 42 U.S.C. 

1101–1110; Title XI, Section 1137— 

Income and Eligibility Verification 

System, 42 U.S.C. 1320b–7; Title XII— 

Advances to State Unemployment 

Funds, 42 U.S.C. 1321–1324. 

(15) Trade Act of 1974, as amended, 

19 U.S.C. 2101–2321 and 2395; North 

American Free Trade Agreement 

Transitional Adjustment Assistance 

Program (NAFTA–TAA), Public Law 

103–182, Title V, 19 U.S.C. 2331, 

repealed by section 123(c) of the Trade 

Reform Act of 2002, Public Law 107– 

210, except with respect to workers 

eligible for NAFTA–TAA under 

petitions filed before November 4, 2002. 

(16) Unemployment Compensation for 

Federal Civilian Employees Program, 5 

U.S.C. 8501–8509; and Unemployment 

Compensation for Ex-servicemembers 

Program, 5 U.S.C. 8521–8525. 

(17) Vietnam Era Veterans’ 

Readjustment Assistance Act of 1974, as 

amended, 38 U.S.C. 3689, 3694, 4106, 

4107(c), 4110, and 4212(a)(2)(B) and (C). 

Note: Secretary’s Order 4–2001 remains in 

effect, which in part, delegates authority and 

assigns responsibility to the Assistant 

Secretary for Employment Standards for 

affirmative action provisions of the Vietnam 


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Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 2281 

Era Veterans’ Readjustment Assistance Act of 

1974, including 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 the 

above delegation to ETA, Secretary’s Order 

3–2004 remains in effect, which in part, 

delegates authority and assigns responsibility 

to the Assistant Secretary of Labor for 

Veterans’ Employment and Training for 

administering the Federal Contractor 

Veteran’s Employment Report (VETS–100), 

38 U.S.C. 4212(d), and determining 

compliance pursuant to 20 CFR 1001.130 

regarding Federal contractor priority of 

employment referral and employment 

listings under 38 U.S.C. 4212(a)(2)(B) and (C). 

(18) Vocational Education Act of 

1963, as amended, the Carl D. Perkins 

Vocational and Applied Technology 

Act, 20 U.S.C. 2301 et seq. 

(19) Wagner-Peyser Act, as amended, 

29 U.S.C. 49 et seq. 

(20) Work Opportunity Tax Credit, 

section 51 of the Internal Revenue Code 

of 1986, 26 U.S.C. 51. 

(21) Worker Adjustment and 

Retraining Notification Act, as 

amended, 29 U.S.C. 2101 et seq. 

(22) Workforce Investment Act of 

1998, as amended, title I and title V, 

Public Law 105–220, 29 U.S.C. 2801– 

2945, 20 U.S.C. 9271–9276 except for 

title I, subtitle D § 168 which pertains to 

the Veterans’ Workforce Investment 

Program, 29 U.S.C. 2913, and title I, 

subtitle C which pertains to the Job 

Corps program, 29 U.S.C. 2881–2901. 

(23) YouthBuild Transfer Act of 2005, 

Public Law 109–281, 29 U.S.C. 2918a. 

(24) Executive Order 10582, 

‘‘Prescribing Uniform Procedures for 

Certain Determinations under the Buy 

American Act’’ (December 17, 1954), as 

amended by Executive Order 11051, 

‘‘Prescribing Responsibilities of the 

Office of Emergency Planning in the 

Executive Office of the President’’ 

(September 27, 1962), and Executive 

Order 12148, ‘‘Federal Emergency 

Management’’ (July 20, 1979). 

(25) Executive Order 12656, 

‘‘Assignment of Emergency 

Preparedness Responsibilities’’ 

(November 18, 1988). 

(26) Executive Order 12789, 

‘‘Delegation of Reporting Functions 

under the Immigration Reform and 

Control Act of 1986’’ (February 10, 

1992), as amended by Executive Order 

13286, ‘‘Amendment of Executive 

Orders, and Other Actions, in 

Connection With the Transfer of Certain 

Functions to the Secretary of Homeland 

Security’’ (February 28, 2003). 

(27) Executive Order 12073, ‘‘Federal 

Procurement in Labor Surplus Areas’’ 

(August 16, 1978). 

(28) Executive Order 13198, ‘‘Agency 

Responsibilities With Respect to FaithBased and Community Initiatives’’ 

(January 29, 2001). 

(29) Executive Order 13279, ‘‘Equal 

Protection of the Laws for Faith-Based 

and Community Organizations’’ 

(December 12, 2002). 

(30) Such additional Federal acts, 

Executive Orders, or regulations that 

may assign to the Secretary or the 

Department duties and responsibilities 

relating to workforce development 

activities including employment 

services, benefit assistance and training, 

similar to those listed under 

subparagraphs (1)–(29) of this 

paragraph, including, but not limited to, 

the extension of unemployment 

compensation provided under Federal 

law. 

B. The Assistant Secretary for 

Employment and Training is delegated 

authority for making organizational 

changes in accordance with policies 

established by the Secretary. 

C. The Assistant Secretary for 

Employment and Training is also 

delegated the authority and assigned 

responsibility to carry out departmental 

liaison and committee representative 

duties as provided in the relevant 

authorities listed in paragraph 4(A) 

above, except as provided in paragraph 

5 of this Order. 

D. The Assistant Secretary for 

Employment and Training is also 

delegated the authority and assigned 

responsibility to determine whether a 

recipient of a grant awarded or 

administered by the Office of the 

Assistant Secretary for Employment and 

Training is entitled, pursuant to the 

Religious Freedom Restoration Act, 42 

U.S.C. 2000bb–1(b), to an exemption 

from a religious non-discrimination 

provision of a statute or regulation 

applied and/or enforced by the 

Department. 

E. The Solicitor of Labor is delegated 

authority and assigned responsibility for 

providing legal advice and assistance to 

officials of the Department relating to 

the administration of this Order and the 

statutory provisions, regulations, and 

Executive Orders listed above. 

5. Reservation of Authority. 

A. No delegation of authority or 

assignment of responsibility under this 

Order will be deemed to affect the 

Secretary’s authority to continue to 

exercise or further delegate such 

authority or responsibility. 

B. The submission of reports and 

recommendations to the President and 

Congress concerning the administration 

of the statutory provisions and 

Executive Orders listed above is 

reserved to the Secretary. 

C. 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). 

D. Nothing in this Order shall limit or 

modify the provision of any other Order, 

including Secretary’s Order 04–2006 

(February 21, 2006), Office of the 

Inspector General, except as expressly 

provided. 

E. The Secretary reserves the 

authority to enter into and terminate an 

agreement with any state or state agency 

to act as an agent of the United States 

under section 239(a) of the Trade Act of 

1974, as amended, 19 U.S.C. 2311(a), in 

the administration of the Trade 

Adjustment Assistance and NAFTATransitional Adjustment Assistance 

programs; under 5 U.S.C. 8502 in the 

administration of the Unemployment 

Compensation for Federal Employees 

and Unemployment Compensation for 

Ex-servicemembers programs; under 

section 410(a) of the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act, 42 U.S.C. 5177(a), in the 

administration of the Disaster 

Unemployment Assistance program; as 

well as under any federal program 

providing for the extension of 

unemployment compensation. 

6. Redelegation of Authority. The 

Assistant Secretary for Employment and 

Training may further redelegate, unless 

otherwise prohibited, the authority and 

responsibilities herein delegated by this 

Order. 

7. Effective Date. This Order is 

effective immediately. 

Dated: January 9, 2009. 

Elaine L. Chao, 

Secretary of Labor. 

[FR Doc. E9–691 Filed 1–13–09; 8:45 am] 

BILLING CODE 4510–23–P 


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