55354 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 

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 McNamaraO’Hara Service Contract Act, as 

amended, 41 U.S.C. 353(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 McNamaraO’Hara Service Contract Act, as 

amended, 41 U.S.C. 353(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 U 

Nonimmigrant Status Certifications 

under Section 1513(b) of the Victims of 

Trafficking and Violence Protection Act 

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

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

of Homeland Security regulations (see 8 

CFR 214.14). 

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 01–2002 (September 

24, 2002). 

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 Order is 

effective immediately. 

Dated: September 2, 2010. 

Hilda L. Solis, 

Secretary of Labor. 

[FR Doc. 2010–22654 Filed 9–9–10; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Delegation of Authority and 

Assignment of Responsibilities 

Secretary’s Order 3–2010 

Subject: Delegation of Authority and 

Assignment of Responsibilities to the 

Employee Benefits Security 

Administration. 

1. Purpose. To delegate authority and 

assign responsibilities for the 

administration of the Department of 

Labor’s responsibilities under the 

Employee Retirement Income Security 

Act of 1974, (ERISA), Federal 

Employees’ Retirement System Act of 

1986 (FERSA), and certain other 

statutes. 

2. Authority and Directives Affected. 

This Order supersedes Secretary’s Order 

6–2009 (April 30, 2009). 

3. Background. ERISA places 

responsibility in the Department of 

Labor for the administration of a 

comprehensive program to protect the 

interests of participants and 

beneficiaries of private sector employee 

benefit plans. This Order delegates the 

Secretary of Labor’s authority and 

assigns responsibility for ERISA and for 

specified other laws to the Assistant 

Secretary for Employee Benefits 

Security. 

In particular, this Order delegates the 

Secretary’s authority and assigns 

responsibility for the newest among 

such laws, certain provisions enacted 

recently as amendments to the Fair 

Labor Standards Act (FLSA) in sections 

1511 and 1512 of the Patient Protection 

and Affordable Care Act of 2010, Public 

Law 111–148, 124 Stat. 119 (29 U.S.C. 

218A and 218B). The duties delegated to 

the Assistant Secretary include 

authority and responsibility for sections 

18A and 18B of the FLSA (29 U.S.C. 

218A and 218B), the associated FLSA 

authorities in sections 9 and 11 (20 

U.S.C. 209 and 211) to issue subpoenas 

and conduct investigations under 

sections 18A and 18B, and to exercise 

any other authority and responsibilities 

granted the Secretary to enforce sections 

18A and 18B of the FLSA. 

4. Delegation of Authority and 

Assignment of Responsibilities. 

A. Except as hereinafter provided, the 

Assistant Secretary for Employee 

Benefits Security is delegated the 

authority and assigned the 

responsibilities of the Secretary of 

Labor— 

(1) Under the following statutes, 

including any amendments: 

(a) The Employee Retirement Income 

Security Act of 1974, as amended, 

except for subtitle C of Title III and Title 

IV (29 U.S.C. 1001–1232); 

(b) The Welfare and Pension Plans 

Disclosure Act of 1958, as amended 

Public Law 85–836, 72 Stat. 997; Public 

Law 86–624, 74 Stat. 417; Public Law 

87–420, 76 Stat. 35. 

(c) The Federal Employees’ 

Retirement System Act of 1986 (5 U.S.C. 

8401–8479); 

(d) The Health Insurance Portability 

and Accountability Act of 1996, Public 

Law 104–191, 110 Stat. 1936; 

(e) Section 311(b) the Children’s 

Health Insurance Program 

Reauthorization Act of 2009, Public Law 

111–3, 123 Stat. 65; 

(f) Section 3001 of the American 

Recovery and Reinvestment Act of 2009 

Public Law 111–5; 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 55355 

(g) Sections 18A and 18B of the Fair 

Labor Standards Act of 1938, as 

amended, 29 U.S.C. sections 218A and 

218B, and the associated FLSA 

authorities in sections 9 and 11 (29 

U.S.C. 209 and 211) to issue subpoenas 

and conduct investigations under 

sections 18A and 18B, and any other 

authority and responsibilities granted 

the Secretary to enforce sections 18A 

and 18B of the FLSA; and 

(h) As directed by the Secretary, such 

additional Federal acts similar to or 

related to those listed in paragraphs (a) 

through (g), above, that from time to 

time may assign additional authority or 

responsibilities to the Department or the 

Secretary. 

To request information the Internal 

Revenue Service (IRS) possesses for use 

in connection with the administration of 

Title I of ERISA of 1974. 

B. The Solicitor of Labor is 

responsible for providing legal advice 

and assistance to all officials of the 

Department relating to the 

administration of the statutes listed in 

paragraph 4.A.(1) of this Order, for 

bringing appropriate legal actions on 

behalf of the Secretary, and representing 

the Secretary in all civil proceedings. 

The Solicitor of Labor is also authorized 

to request information the IRS possesses 

for use in connection with the 

administration of Title I of ERISA. 

C. The Inspector General is 

authorized to request information the 

IRS possesses for use in connection with 

the administration of Title I of ERISA. 

5. Reservation of Authority. 

A. The submission of reports and 

recommendations to the President and 

the Congress concerning the 

administration of the statutes listed in 

paragraph 4.A.(1) of this Order and 

responsibilities under Subtitle C of Title 

III of ERISA are reserved to the 

Secretary. 

B. The Pension Benefit Guaranty 

Corporation carries out responsibilities 

under Title IV of ERISA. 

C. Except as expressly provided, 

nothing in this Order limits or modifies 

the provisions of any other Order, 

including Secretary’s Order 4–2006 

(Office of Inspector General). 

6. Effective Date. This Order is 

effective immediately. 

Dated: September 2, 2010. 

Hilda L. Solis, 

Secretary of Labor. 

[FR Doc. 2010–22655 Filed 9–9–10; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Delegation of Authority and 

Assignment of Responsibility 

Secretary’s Order 4–2010 

Subject: Delegation of Authority and 

Assignment of Responsibility to the 

Assistant Secretary for Occupational 

Safety and Health. 

1. Purpose. To delegate authority and 

assign responsibility to the Assistant 

Secretary for Occupational Safety and 

Health. 

2. Authorities and Directives Affected. 

A. Authorities. This Order is issued 

pursuant to 29 U.S.C. 551 et seq.; 5 

U.S.C. 301; 5 U.S.C. 5315; the 

Occupational Safety and Health Act of 

1970, 29 U.S.C. 651, et seq.; the WalshHealey Public Contracts Act of 1936, as 

amended, 41 U.S.C. 35, 37–41, 43–45; 

the McNamara-O’Hara Service Contract 

Act of 1965, as amended, 41 U.S.C. 351– 

354, 356–357; the Contract Work Hours 

and Safety Standards Act, as amended, 

40 U.S.C. 329, 333; the Maritime Safety 

Act of 1958, 33 U.S.C. 941; the National 

Foundation on the Arts and the 

Humanities Act of 1965, 20 U.S.C. 

954(m)(2); 5 U.S.C. 7902 and any 

executive order thereunder, including 

Executive Order 12196 (‘‘Occupational 

Safety and Health Programs for Federal 

Employees’’) (February 26, 1980); the 

Surface Transportation Assistance Act 

of 1982, 49 U.S.C. 31105; the Asbestos 

Hazard Emergency Response Act of 

1986, 15 U.S.C. 2651; the International 

Safe Container Act, 46 U.S.C. 80507; the 

Safe Drinking Water Act, 42 U.S.C. 

300j–9(i); the Energy Reorganization Act 

of 1974, as amended, 42 U.S.C. 5851; 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, 42 U.S.C. 9610(a)–(d); the 

Federal Water Pollution Control Act, 33 

U.S.C. 1367; the Toxic Substances 

Control Act, 15 U.S.C. 2622; the Solid 

Waste Disposal Act, 42 U.S.C. 6971; the 

Clean Air Act, 42 U.S.C. 7622; the 

Wendell H. Ford Aviation Investment 

and Reform Act for the 21st Century, 49 

U.S.C. 42121; the Sarbanes-Oxley Act of 

2002, 18 U.S.C. 1514A; the Pipeline 

Safety Improvement Act of 2002, 49 

U.S.C. 60129; the National Transit 

Systems Security Act, 6 U.S.C. 1142; the 

Federal Railroad Safety Act, 49 U.S.C. 

20109; the Consumer Product Safety 

Improvement Act, 15 U.S.C. 2087; the 

Patient Protection and Affordable Care 

Act amendment to the Fair Labor 

Standards Act, 29 U.S.C. 218C; and 

Section 1057 of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act, Public Law 111–203. 

B. Directives Affected. Secretary’s 

Order 5–2007 is replaced by this Order. 

3. Background. This Order constitutes 

the basic Secretary’s Order for the 

Occupational Safety and Health 

Administration (OSHA), superseding 

Order 5–2007. This Order delegates and 

assigns responsibility to OSHA for 

enforcement of (1) Section 18C 

(protection of employees providing 

healthcare information) of the Fair 

Labor Standards Act (29 U.S.C. 218C), 

as added by Section 1558 of the Patient 

Protection and Affordable Care Act of 

2010, Public Law 111–148; (2) Section 

1057 (‘‘Employee Protection,’’ 12 U.S.C. 

5567) of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act, 

Public Law 111–203; (3) the National 

Transit Systems Security Act, 6 U.S.C. 

1142; (4) the Federal Railroad Safety 

Act, 49 U.S.C. 20109; (5) Section 40 of 

the Consumer Product Safety 

Improvement Act, 15 U.S.C. 2087; and 

(6) makes other modifications to reflect 

the above new responsibilities. This 

revised Order also reflects recent 

organizational changes within the 

Department of Labor and makes other 

technical changes. All other authorities 

and responsibilities set forth in this 

Order were delegated or assigned 

previously to the Assistant Secretary for 

OSHA in Secretary’s Order 5–2007, and 

this Order continues those delegations 

and assignments in full force and effect, 

except as expressly modified herein. 

4. Delegation of Authority and 

Assignment of Responsibility. 

A. The Assistant Secretary for 

Occupational Safety and Health 

(1) The Assistant Secretary for 

Occupational Safety and Health is 

delegated authority and assigned 

responsibility for administering the 

safety and health, and whistleblower 

programs and activities of the 

Department of Labor, except as provided 

in paragraph 4.a.(2) below, under the 

designated provisions of the following 

laws: 

(a) Occupational Safety and Health 

Act of 1970, 29 U.S.C. 651, et seq. 

(b) Walsh-Healey Public Contracts Act 

of 1936, as amended, 41 U.S.C. 35, 37– 

41, 43–45. 

(c) McNamara-O’Hara Service 

Contract Act of 1965, as amended, 41 

U.S.C. 351–354, 356–357. 

(d) Contract Work Hours and Safety 

Standards Act, as amended, 40 U.S.C. 

329, 333. 

(e) Maritime Safety Act of 1958, 33 

U.S.C. 941. 

(f) National Foundation on the Arts 

and the Humanities Act of 1965, 20 

U.S.C. 954(m)(2). 

(g) 5 U.S.C. 7902 and any executive 

order thereunder, including Executive 


srobinson on DSKHWCL6B1PROD with NOTICES