66268 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 

DEPARTMENT OF LABOR 

Office of the Secretary 

Delegation of Authority and 

Assignment of Responsibility; 

Secretary’s Order 6–2010 

Subject: 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. 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 1). 

B. Directives Affected. Secretary’s 

Orders 9–2006 and 3–2009 are hereby 

superseded and cancelled by this Order. 

Any Secretary’s Orders or other DOL 

document (including policies and 

guidance) which references Secretary’s 

Order 3–2007, which was superseded 

and cancelled by Secretary’s Order 3– 

2009, or Secretary’s Orders 4–75 

(Manpower Programs), 2–79 (Targeted 

Jobs Tax Credit), 3–81 (Trade Act of 

1974), 2–85 (Job Training Partnership 

Act), which were superseded and 

cancelled by Secretary’s Order 3–2007, 

are deemed to refer to this Order 

instead. 

3. Background 

This Order updates the roles and 

responsibilities of the ASET and repeals 

Secretary’s Order 9–2006, which 

established the Office of the Job Corps 

within the Office of the Secretary. This 

Order also repeals and supersedes 

Secretary’s Order 3–2009, to include 

authority and responsibility for the Job 

Corps program. This is accomplished by 

deleting the exclusion for the Job Corps 

that was found in Secretary’s Order 3– 

2009, Section 4 A. (22), titled Delegation 

of Authority and Assignment of 

Responsibilities. 

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 and policies, 

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 9–2009, which, in 

relevant part, delegates authority and 

assigns responsibility to the 

Administrator, Wage and Hour Division 

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. 2271–2323, 2323—2372–2374, 

2395 and 2397a. 

(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 7–2009 remains 

in effect. That order delegates authority 

and assigns responsibility to the 

Director of the Office of Federal 

Contract Compliance Programs for 


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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 66269 

affirmative action provisions of the 

Vietnam 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) Jobs for Veterans Act of 2002, 38 

U.S.C. 4215(b)(1) and 38 U.S.C. 4215(c), 

as implemented by regulations at 20 

CFR 1010. This Secretary’s Order 

delegates authority and assigns 

responsibility to the Assistant Secretary 

of Labor for Employment and Training 

for the following sections of the 

regulations: (a) Administering 

implementation of priority of service in 

accord with § 1010.200 through 

§ 1010.230, § 1010.250, § 1010.300, and 

§ 1010.310; (b) administering data 

collection and reporting on priority of 

service in accord with § 1010.320 and 

§ 1010.330; and, (c) in accord with 

§ 1010.240, monitoring compliance with 

priority of service jointly with the 

Assistant Secretary for Veterans’ 

Employment and Training. 

(19) Vocational Education Act of 

1963, as amended, the Carl D. Perkins 

Vocational and Applied Technology 

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

(20) Wagner-Peyser Act, as amended, 

29 U.S.C. 49 et seq. 

(21) Work Opportunity Tax Credit, 

section 51 of the Internal Revenue Code 

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

(22) Worker Adjustment and 

Retraining Notification Act, as 

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

(23) 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. 

(24) YouthBuild Transfer Act of 2005, 

Public Law 109–281, 29 U.S.C. 2918a. 

(25) 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). 

(26) Executive Order 12656, 

‘‘Assignment of Emergency 

Preparedness Responsibilities’’ 

(November 18, 1988). 

(27) 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). 

(28) Executive Order 12073, ‘‘Federal 

Procurement in Labor Surplus Areas’’ 

(August 16, 1978). 

(29) Executive Order 13198, ‘‘Agency 

Responsibilities With Respect to FaithBased and Community Initiatives’’ 

(January 29, 2001). 

(30) Executive Order 13279, ‘‘Equal 

Protection of the Laws for Faith-Based 

and Community Organizations’’ 

(December 12, 2002). 

(31) Such additional Federal acts, 

Executive Orders, or regulations that 

may assign to the Secretary or the 

Department duties and responsibilities 

similar to those listed under 

subparagraphs (1)–(30) of this paragraph 

including but not limited to those 

relating to workforce development 

activities, such as employment services, 

benefit assistance and training, and the 

extension or supplementation 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 1–2010 (Jan. 15, 2010), 

75 FR 3924 (Jan. 25, 2010). 

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 programs; 

under 5 U.S.C. 8502 in the 

administration of the Unemployment 

Compensation for Federal Employees 

and Unemployment Compensation for 

ex-service members 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 or 

supplementation of unemployment 

compensation: and to certify 

unemployment compensation law under 

26 U.S.C. 3304(c) and 26 U.S.C. 3303(b). 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES2
66270 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 

Dated: October 20, 2010. 

Hilda L. Solis, 

Secretary of Labor. 

[FR Doc. 2010–27139 Filed 10–26–10; 8:45 am] 

BILLING CODE 4510–23–P 


srobinson on DSKHWCL6B1PROD with NOTICES2