2276 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

DEPARTMENT OF LABOR 

Office of the Secretary 

[Secretary’s Order 01–2009] 

Delegation of Authorities and 

Assignment of Responsibilities to the 

Assistant Secretary for Policy 

1. Purpose. To define and delegate 

authorities and responsibilities to the 

Assistant Secretary for Policy (ASP). 

2. Authority and Directives Affected. 

A. Authorities. 

This Order is issued pursuant to 29 

U.S.C. 551; 5 U.S.C. 301; Reorganization 

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

1); 5 U.S.C. 5315; the Regulatory 

Flexibility Act, as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C. 601 et seq. ); the 

Small Business Paperwork Relief Act of 

2002 (44 U.S.C. 3506(i)); Executive 

Order 12131 (‘‘The President’s Export 

Council,’’ May 4, 1979); Executive Order 

12866 (‘‘Regulatory Planning and 

Review,’’ September 30, 1993), as 

amended by Executive Order 13258 

(‘‘Amending Executive Order 12866 on 

Regulatory Planning and Review,’’ 

February 26, 2002) and Executive Order 

13422 (‘‘Strengthening Federal 

Environmental, Energy, and 

Transportation Management,’’ January 

18, 2007); Executive Order 13228, 

(‘‘Establishing the Office of Homeland 

Security and the Homeland Security 

Council,’’ October 8, 2001); Executive 

Order 13272 (‘‘Proper Consideration of 

Small Entities in Agency Rulemaking,’’ 

August 13, 2002); and Homeland 

Security Presidential Directive-1 

(‘‘Organization and Operation of the 

Homeland Security Council,’’ October 

29, 2001). 

B. Directives Affected. 

1. Secretary’s Order 13–2006, which 

delegated authority and assigned 

responsibilities to the Assistant 

Secretary for Policy (ASP), is cancelled. 

2. This Order does not affect the 

authorities and responsibilities assigned 

by any other Secretary’s Order, unless 

otherwise expressly so provided in this 

or another Order. 

3. Background. The Office of the 

Assistant Secretary for Policy (OASP) 

provides advice and assistance to the 

Secretary and Deputy Secretary in a 

number of areas, including policy 

development, program implementation 

and evaluation, research, budget and 

performance analysis, and regulatory, 

legislative issues and other policy 

support. The Secretary of Labor advises 

the President and represents the 

Department of Labor (DOL or 

Department) in Cabinet deliberations 

dealing with significant regulatory, 

programmatic policy and legislative 

issues, including those related to 

economic data and trends, particularly 

as they relate to promoting the 

competitiveness of the American 

workforce in the 21st century economy. 

The presence of rapid technological and 

economic change in the economy 

compels the need for skilled analysts to 

be available to quickly assist the 

Secretary in response to urgent policy 

and programmatic matters. Thus, this 

Order sets forth OASP’s role of 

providing support, analysis, and advice 

to the Secretary and Deputy Secretary 

on policy, programmatic, economic, 

regulatory, and compliance assistance 

matters. 

This Order also addresses OASP’s role 

under Executive Order (E.O.) 12866, 

amendments thereto, and related 

guidance from the Office of 

Management and Budget (OMB); the 

requirements of the Regulatory 

Flexibility Act, as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA); the 

Small Business Paperwork Relief Act of 

2002; the management of the U.S. 

Government Accountability Office 

Reports (see Secretary’s Order 05–2008); 

the administration of the Policy 

Planning Board (see Secretary’s Order 

12–2006); and the administration of the 

DOL Working Partners for an Alcoholand Drug-Free Workplace program. 

Executive Order 12866, as amended 

by E.O. 13422, requires the head of each 

Executive Branch Agency to designate a 

Regulatory Policy Officer who shall be 

responsible for ensuring the 

Department’s compliance with the 

Executive Order. The Secretary has 

designated the Assistant Secretary for 

Policy as the Department’s Regulatory 

Policy Officer and this Order describes 

OASP responsibilities for the 

implementation of these functions. 

This order also describes OASP’s 

responsibilities regarding the policy 

development process within DOL, 

including management of the Policy 

Planning Board, and the Department’s 

interaction with the Office of the 

Federal Register. 

4. Delegation of Authorities and 

Assignment of Responsibilities. 

A. The Assistant Secretary for Policy 

is delegated authority and assigned 

responsibility for: 

1. Advising the Secretary and Deputy 

Secretary and coordinating and 

developing the preparation of studies, 

analyses, public statements and policies 

with respect to the Secretary’s duties in 

the areas of regulatory, programmatic 

and compliance assistance policy, as 

well as economic policy formulation, 

including the impact of Departmental 

policies and programs on general 

economic policy. 

2. Establishing the following offices 

and positions within OASP: 

a. An Office of Regulatory and 

Programmatic Policy, to be headed by a 

Director, that implements, manages, and 

coordinates Departmental regulatory 

and programmatic policy. 

b. An Office of Compliance Assistance 

Policy, to be headed by a Director, that 

develops, manages, and coordinates 

Departmental compliance assistance 

policies, initiatives and programs. 

c. An Office of Economic Policy and 

Analysis, to be headed by the 

Department’s Chief Economist, that 

implements, manages, and coordinates 

Departmental economic policy, research 

and analysis. 

3. Serving as the Department’s 

Regulatory Policy Officer under E.O. 

12866, including: 

a. Ensuring the Department complies 

with the regulatory and guidance 

development requirements of E.O. 

12866, as amended, and any other 

related OMB Circulars or Bulletins, 

including OMB’s Final Bulletin for 

Agency Good Guidance Practices. 

b. Serving as the Department’s 

regulatory liaison overseeing the 

exchange of information between the 

Department and OMB, including: 

(1) Following Secretarial approval of 

draft regulations or guidance, 

transmitting the documents to OMB for 

review. 

(2) Facilitating discussion between 

DOL and OMB staff about comments on 

regulations and guidance documents 

undergoing OMB review. 

(3) Serving as the point of intake, 

concurrent with SOL and DOL agency 

staff, for OMB passback of comments on 

the Department’s draft regulations and 

guidance documents. 

(4) Coordinating the resolution of 

outstanding issues raised by OMB with 

affected DOL agencies, SOL, and the 

Office of the Secretary. 

4. Serving as the Department’s liaison 

to the Office of the Federal Register: 

a. Electronically transmitting 

regulatory documents for submission to 

the Federal Register. 

b. Coordinating and providing 

technical assistance to DOL agencies on 

the document submission process. 

5. Providing general oversight of, and 

guidance for, the Department’s 

compliance with the Regulatory 

Flexibility Act (as amended by 

SBREFA), Small Business Paperwork 

Reduction Act, and related laws and 

Executive Orders, OMB Circulars and 

Bulletins. This effort is done in 

consultation with SOL as needed and 

includes such activities as: 


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a. Developing and implementing 

written Departmental policies and 

procedures concerning the potential 

impact of draft rules on small entities, 

as required by Section 3(a) of E.O. 

13272. 

b. Providing analysis, guidance, 

review, and technical assistance, as 

necessary, to Departmental agencies that 

are preparing required studies such as 

regulatory impact and flexibility 

studies. 

c. Providing guidance and technical 

assistance, as necessary, to 

Departmental agencies during the Small 

Business Advocacy Review Panel 

process. 

d. Preparing, coordinating, and 

reviewing the Department’s SemiAnnual Regulatory Agenda and SemiAnnual Peer Review Agenda. 

e. In coordination with the Office of 

Small Business Programs, acting as the 

Department’s liaison with the Small 

Business Administration (SBA), 

including the Office of the National 

Ombudsman and Chief Counsel for 

Advocacy. 

f. Serving as the Department’s point of 

contact with small businesses pursuant 

to the Small Business Paperwork Relief 

Act of 2002. 

g. Providing the public with a list of 

compliance assistance resources 

consistent with SBREFA. 

6. Providing leadership, analysis and 

operational support for the Policy 

Planning Board (Secretary’s Order 12– 

2006), including preparing the 

Department’s semi-annual Research 

Agenda. 

7. Reviewing cross-cutting activities 

within the Department as they pertain to 

the Secretary’s broader policy functions, 

including reports, budgets, legislative 

proposals, and other documents 

submitted to the Secretary or Deputy 

Secretary for review and approval; and 

coordinating selected reports to OMB 

and other agencies. 

8. Consistent with Secretary’s Order 

05–2008, coordinating, reviewing and 

processing U.S. Government 

Accountability Office reports. 

9. Consistent with Secretary’s Order 

02–2008, providing analysis and advice 

to the Secretary and Deputy Secretary 

on policies and programs related to 

developing, coordinating, implementing 

and institutionalizing compliance 

assistance initiatives, including 

reviewing Agency compliance 

assistance plans; identifying and 

promoting best practices; coordinating 

with agencies on cross-cutting 

initiatives; and providing leadership in 

development of Departmental 

compliance assistance tools, such as the 

elaws Advisors (Employment Laws 

Assistance for Workers and Small 

Businesses) and worker and small 

business guides. 

10. Supporting and advancing the 

Department’s involvement in homeland 

security and emergency management 

policy development and coordination 

matters involving the White House 

Homeland Security Council, the 

Department of Homeland Security, and 

other federal agencies to address policy 

issues relevant to the Department, its 

programs and agencies, and the 

functions and responsibilities of OASP. 

11. Providing the analytical support 

required by the Secretary as a member 

of the President’s Export Council. 

12. Providing the economic analysis 

required to support the Secretary, 

Deputy Secretary, and PPB with respect 

to policy and regulatory issues under 

consideration by the Department 

including: 

a. Preparing recommendations and 

analyses with respect to long- and shortterm economic trends; preparing 

macroeconomic and microeconomic 

studies and analyses related to the 

formulation of policy or the economic 

impact of Departmental policies, 

regulations, and programs. 

b. Compiling economic data and 

analysis for the Secretary and Deputy 

Secretary on current economic 

developments, particularly with respect 

to the Bureau of Labor Statistics’ release 

of the Monthly Employment Situation 

report and in support of the Secretary’s 

role as an economic advisor to the 

President. 

13. Advising the Secretary, Deputy 

Secretary and Director of the Office of 

Jobs Corps on research, evaluations and 

policy initiatives related to the Job 

Corps program. 

14. Administering the Department’s 

Working Partners for an Alcohol- and 

Drug-Free Workplace program. 

15. Representing the Secretary in a 

variety of forums attended by U.S. 

government officials and maintaining 

continuous and personal liaison with 

those groups and the White House on 

matters involving policy, Departmental 

programs, economic issues, regulations, 

or compliance assistance. 

16. Conducting appropriate research, 

analysis and evaluation activities in 

accord with the Secretary’s selected 

policy priorities. 

17. Performing any additional duties 

that may be assigned by the Secretary. 

B. The Assistant Secretary for 

Administration and Management is 

delegated authority and assigned 

responsibility for: 

1. Providing budgetary resources 

arising from this Order, fully consistent 

with the established requirements of the 

Department. 

2. Providing appropriate 

administrative and management 

support, as required, for the efficient 

and effective operation of these 

programs. 

C. The Solicitor of Labor is 

responsible for providing legal advice 

and assistance to all Department of 

Labor officials relating to 

implementation and administration of 

all aspects of this Order. 

D. DOL Agency heads are responsible 

for coordinating with OASP on policies 

and activities relating to the mission of 

their respective agencies, including: 

1. Complying with the regulatory and 

guidance development requirements of 

E.O. 12866, as amended, and any other 

relevant OMB Directives, including 

OMB’s Final Bulletin for Agency Good 

Guidance Practices. 

2. Fulfilling the requirements of the 

Regulatory Flexibility Act, as amended 

by SBREFA, and related laws, including 

appropriate coordination with small 

entities in the development of rules, 

production of plain language 

compliance guides, and response to 

requests for information. 

3. Developing annual compliance 

goals, timetables and objectives for their 

agencies and submitting their Annual 

Compliance Assistance Plans to the PPB 

for review and approval; planning and 

developing informational materials and 

compliance assistance tools (such as 

elaws Advisors), programs or activities 

to inform the public about the agencies’ 

laws, policies, programs and activities; 

appointing one or more Compliance 

Assistance Liaisons to work with OCA 

on implementing and institutionalizing 

DOL compliance assistance initiatives, 

identifying and promoting best 

practices, and participating in DOLwide compliance assistance programs. 

4. Expeditiously reviewing and 

commenting on GAO’s findings and 

recommendations contained in GAO 

reports, and submitting all responses to 

OASP for clearance through the 

Executive Secretariat. 

5. Ensuring that reports requested by 

OASP concerning the achievement of 

the objectives of this order, including 

the semi-annual Regulatory Agenda, the 

semi-annual Peer Review Agenda and 

the semi-annual Research Agenda, are 

accurate and submitted in a timely 

manner. 

5. Reservation of Authority and 

Responsibility. 

A. The submission of reports and 

recommendations to the President and 

the Congress concerning the 

administration of statutory or 


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administrative provisions is reserved to 

the Secretary. 

B. This Secretary’s Order does not 

affect the authorities or responsibilities 

of the Office of Inspector General under 

the Inspector General Act of 1978, as 

amended, or under Secretary’s Order 

4–2006 (February 21, 2006). 

6. Redelegation/Reassignment of 

Authority. All authorities and 

responsibilities enumerated in this 

Order may be redelegated or reassigned 

within OASP. 

7. Effective Date. This Order is 

effective immediately. 

Dated: January 8, 2009. 

Elaine L. Chao, 

Secretary of Labor. 

[FR Doc. E9–693 Filed 1–13–09; 8:45 am] 

BILLING CODE 4510–23–P 


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