[Federal Register: October 16, 2006 (Volume 71, Number 199)]
[Notices]
[Page 60801-60803]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc06-124]
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Part III
Department of Labor
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Secretary's Order 11-2006; Notice
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DEPARTMENT OF LABOR
Office of the Secretary
[Secretary's Order 11-2006]
Legislative Clearance Process; Drafting Legislative Proposals
1. Purpose and Scope. The purpose of this Secretary's Order is to
delegate authorities and responsibilities within the Department of
Labor for preparation and clearance of legislative comments and
legislative proposals.
2. Authorities and Reference. This Order is issued under the
authority of 5 U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551
(Establishment of Department; Secretary; Seal); and Reorganization Plan
No. 6 of 1950 (5 U.S.C. Appendix 1).
3. Background. The Department of Labor (DOL) is requested to
comment on many legislative proposals and related matters by the Office
of Management and Budget (OMB) and Congressional committees. The
Solicitor of Labor is responsible for legal review of all legislative
matters. Related to these legal responsibilities and at the direction
of the Secretary, the Office of the Solicitor also obtains and
coordinates the views of the DOL offices and agencies on legislative
matters. In this connection, the Solicitor has delegated to the
Associate Solicitor for Legal Counsel the responsibility of serving as
Legislative Liaison Officer with OMB in carrying out the Department's
responsibilities under OMB Circular A-19. This Order sets forth the
procedures to be followed to ensure full consideration of legislative
proposals affecting the Department, and to secure appropriate clearance
before the Department's views are officially communicated.
The Department of Labor is also charged with the development and
submission of proposed legislation related to its mission and statutory
duties. This Order also sets forth the responsibilities of DOL agencies
for the drafting of legislation and the processes for clearing such
draft legislation.
Only the Secretary of Labor may authorize the expression of views
of the Department, or any component thereof, on legislative proposals
or the transmittal of draft legislation. Pursuant to Secretary's Order
7-89, the Assistant Secretary for Congressional and Intergovernmental
Affairs is delegated authority and assigned responsibility for
maintaining the Department's relationship with the Congress,
legislative planning and action on the President's initiatives and
other legislative matters affecting the Department, and coordinating
the transmittal of information to the Congress.
4. Legislative Reports--Delegation of Authorities and Assignment of
Responsibilities.
A. The Solicitor.
(1) As the initial step in the preparation of the Department's
views on legislative proposals, the Office of the Solicitor will
expeditiously transmit the proposals and supporting materials for
comment to all DOL Agencies and Offices impacted by the proposals, in
addition to Office of Congressional and Intergovernmental Affairs and
Office of the Assistant Secretary for Policy (OASP). The legislative
proposals and supporting materials will be sent to individuals
designated by Assistant Secretaries and Agency/Office heads. The Office
of the Solicitor will determine deadlines for response. Because of time
constraints imposed by OMB or the Congress, these deadlines will
frequently be very short.
(2) It is important that these deadlines be strictly adhered to in
order to permit timely preparation of draft Departmental views.
Accordingly, when a deadline for comments is not met by an Agency or
Office, it may be necessary for the draft views to be sent forward
without an Agency's or Office's views.
(3) Once the Office of the Solicitor receives the views of the
affected Agencies and Offices, it will prepare the draft Departmental
views. These views may be in written or oral form, as appropriate. The
draft views will be circulated to all affected Agencies and Offices in
addition to OCIA and OASP. The Assistant Secretary for Congressional
and Intergovernmental Affairs, the Assistant Secretary for Policy, and
the Solicitor of Labor shall also review all Departmental views.
(4) Following the clearance of the draft views by the affected
Agencies, Offices, and above-referenced officials, the Office of the
Solicitor will present the draft views to the Office of the Secretary
in the manner specified by that Office.
(a) If an affected Agency or Office does not provide input within
the specified time, the Office of the Solicitor may use its discretion
to proceed without this input, but shall note the absence of the
Agency's input in presenting the draft views to the Office of the
Secretary.
(b) If there are differences among the agencies on the draft views,
the Office of the Solicitor will endeavor to reconcile them with
appropriate involvement by the Office of the Assistant Secretary for
Congressional and Intergovernmental Affairs and the Office of the
Assistant Secretary for Policy. In the event that differences remain,
these shall be presented to the Office of the Secretary.
(5) Once the Office of the Secretary approves the draft views, the
Office of the Solicitor shall transmit them to OMB.
(6) The Office of the Solicitor, in its role as Legislative Liaison
Officer to OMB, shall have the responsibility for receiving any
passback from OMB and coordinating the resolution of any outstanding
issues with affected DOL agencies.
(7) Following receipt of OMB clearance, the Office of the Solicitor
shall make appropriate arrangements for the actual communication of the
Department's views.
(8) The Office of the Solicitor will establish a procedure to
monitor the progress of legislative reports (i.e., the official views
of the Administration as developed by the foregoing process) and will
keep each Agency and Office informed as to the time limits that must be
met.
B. Assistant Secretary for Congressional and Intergovernmental
Affairs. The Assistant Secretary for Congressional and
Intergovernmental Affairs has been delegated authority and assigned
responsibility for maintaining the Department's relationship with the
Congress, legislative planning and action on the President's
legislative initiatives and other legislative matters affecting the
Department, and coordinating communications with Congress, including
communications initiated by Congress. No other Agency or Office may
communicate views to the Congress on legislative matters without the
approval of the Assistant Secretary.
C. Assistant Secretaries and Agency Heads. Each Agency and Office
shall assure the availability of officials authorized to comment on
legislative proposals and clear reports at all times during business
hours. For this purpose, each Agency and Office Head shall provide a
list of persons in addition to himself who has been delegated such
authority. This list shall be transmitted to the Solicitor.
5. Preparation of Legislation--Delegation of Authorities and
Assignment of Responsibilities.
A. Before any substantial expenditure of time or resources in the
development of any legislative proposal, the head of the Agency or
Office advancing the proposal shall notify the Assistant Secretary for
Policy, the Assistant Secretary for Congressional and Intergovernmental
Affairs, and the Solicitor of Labor with respect to the nature of the
legislation that will be proposed.
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B. The Assistant Secretary for Policy will inform the Agency or
Office Head whether consideration of the proposal by the Policy
Planning Board (PPB) is necessary. (Please see Secretary's Order 3-2002
(Policy Planning Board).
C. Following a decision as to the applicability of PPB procedures,
the proposing Agency or Office will contact the Office of the Solicitor
to determine whether additional internal clearance, consistent with
Section 4 of this Order, is necessary. The Office of the Solicitor
shall also ensure that the proposed legislation is accompanied by
appropriate supporting documentation, such as section-by-section
analyses and transmittal letters (``transmittal package'').
D. The Office of the Assistant Secretary for Policy and/or the
Office of the Solicitor shall present the cleared legislative proposal
and transmittal package to the Office of the Secretary of Labor for
review and Departmental approval.
E. If the Office of the Secretary approves the proposed legislation
and transmittal package, the Office of the Solicitor will submit these
items to OMB in accordance with OMB Circular A-19.
F. The Office of the Solicitor shall have the responsibility of
receiving any passback from OMB and coordinating the resolution of any
outstanding issues with the affected DOL Agencies or Offices.
G. Following receipt of OMB clearance, the Office of the Solicitor
will work with the Office of Congressional and Intergovernmental
Affairs and the Office of the Secretary to arrange for formal
transmittal of the draft legislation and supporting documents to the
Congress.
6. Directives Affected.
A. This Order repeals Secretary's Order 26-1972 (``Deadlines on
Legislative Comments--Sign-off Authority for Legislative Comments--
Drafting Legislative Proposals'').
B. This Order does not affect the responsibilities of the Assistant
Secretary for Congressional and Intergovernmental Affairs or the
Assistant Secretary for Public Affairs under Secretary's Order 7-89.
C. This Order does not affect the authorities or responsibilities
of the Office of Inspector General (OIG) under the Inspector General
Act of 1978, as amended, or under Secretary's Order 04-2006 (February
21, 2006).
D. This Order does not affect the authorities or responsibilities
of the EEOICPA Ombudsman under the Energy Employees Occupational
Illness Compensation Program Act or under Secretary's Order 1-2005.
7. Effective Date. This Order is effective immediately.
Dated: October 2, 2006.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 06-8664 Filed 10-13-06; 8:45 am]
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