[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Notices]               
[Page 4027-4030]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja06-152]                         


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Part IV

DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 01-2006]

 
Establishment of the Emergency Management Center (EMC) and the 
Comprehensive Emergency Management Program (CEMP)

    1. Purpose. The Department of Labor (DOL), through this Order, 
addresses the continuity of Departmental missions under all operating 
conditions and DOL's roles and responsibilities in the National, 
homeland, and economic security arenas. DOL will formulate plans and 
establish preparedness programs to assure its capability to carry out 
its assigned functions during a period of national emergency and to 
maintain Continuity of Operations (COOP) and Continuity of Government 
(COG). In addition, this Order formally establishes, within the Office 
of the Assistant Secretary for Administration and Management (OASAM), 
the Emergency Management Center, which oversees DOL's Comprehensive 
Emergency Management Program (CEMP). The CEMP shall consist of the 
following programs and structures to coordinate DOL capabilities, and 
ensure DOL's ability to carry out its missions under any and all 
circumstances:
     Continuity of Government.
     Continuity of Operations.
     Communications Security.
     Operations Security.
    The CEMP provides the framework for coordination, planning, 
governance and resource allocation thus enabling DOL to fulfill its 
roles under all relevant Federal authorities.
    2. Authorities and Directives Affected. A. Authorities. This Order 
is issued pursuant to the authorities listed in Appendix A.
    B. Directives Affected. This Order supersedes and cancels 
Secretary's Order 14-76, "Alerting System for National Emergency" 
(June 1, 1976), and Secretary's Order 23-76, "Emergency Preparedness 
and Disaster Relief Functions" (November 18, 1976).
    3. Scope. This Order applies to all Department personnel, 
organizational components and activities.
    4. Establishment of the Emergency Management Center. The Emergency 
Management Center (EMC) is established within OASAM. The Emergency 
Operations Center and all emergency management programs will be 
directed from the EMC. EMC oversees the CEMP and coordinates 
Departmental roles and responsibilities to adequately prepare for and 
respond to a full spectrum of potential natural or man-made disasters, 
as well as supporting lead Federal agencies in assisting state and 
local governments, to include international requests for U.S. 
assistance, to the extent permitted by law, in the event of such 
disasters.
    5. Delegation of Authority and Assignment of Responsibilities. A. 
The Deputy Secretary of Labor is delegated authority and assigned 
responsibility for:
    (1) Assuring Departmental support to broader Federal government 
planning, preparedness, mitigation, response, and recovery efforts 
under the National Response Plan;
    (2) Establishing DOL-wide procedures and permanent or ad hoc 
workgroups, as appropriate, to study and/or implement activities and 
projects to address needs determined through Departmental communication 
and coordination with other Federal agencies, private sector entities, 
state, local and tribal authorities, and the public, or that develop 
through incidents of national significance; and
    (3) Performing, or delegating as appropriate, any additional or 
similar duties that may be assigned by the Secretary.
    B. The Assistant Secretary for Administration and Management (ASAM) 
is delegated authority and assigned responsibility for:
    (1) Developing, establishing and directing the dissemination of 
standards, procedures, and instructions relating to CEMP, and regularly 
evaluating Departmental performance measures to assess the readiness of 
emergency management-related programs;
    (2) Directing the design of a management information system that 
collects and processes all information needs to fully effectuate CEMP, 
and the maintenance of redundant telecommunications and network 
infrastructure as necessary for coordination of emergency management 
operations;
    (3) Coordinating all disaster and emergency management investments, 
including incident management or emergency management systems through 
e-Gov initiatives, so that they comply with the applicable federal 
interoperability standards;
    (4) Establishing a process within DOL to ensure that acquisitions 
and activities related to incident/emergency management are coordinated 
with the ASAM or his designee;
    (5) Through the EMC, ensuring (A) the integration and coordination 
of emergency management-related functions and personnel, including 
directing the management of security and emergency management programs 
before, during, and following emergencies; (B) program continuity and 
guidance on emergency preparedness; (C) development and maintenance of 
an alerting system and an overall regional emergency plan; (D) conduct 
of liaison activities with Federal agencies involved in preparedness 
planning; and (E) provision of regular information regarding all such 
activities to the ASAM or his designee; and
    (6) Performing, or delegating as appropriate, any additional or 
similar duties that may be assigned by the Secretary.
    C. The Assistant Secretary for Public Affairs is delegated 
authority and assigned responsibility for developing, coordinating, and 
disseminating all DOL public information during emergency activities 
and developing and maintaining the Departmental Crisis Communications 
Plan, consistent with other delegations.
    D. The Assistant Secretary for Congressional and Intergovernmental 
Affairs is delegated authority and assigned responsibility, consistent 
with other delegations, to receive requests and inquiries from 
congressional, state and local agencies relating to emergency 
management related matters, to communicate all such requests and 
inquiries to the EMC and such DOL officials as may be appropriate, and 
to coordinate responses back to all such congressional, state and local 
agencies. The Assistant Secretary for Congressional and 
Intergovernmental Affairs shall designate a liaison to the EMC.
    E. The Assistant Secretary for Occupational Safety and Health is 
delegated authority and assigned responsibility to ensure the 
Occupational Safety and Health-specific CEMP and National Response Plan 
activities are carried out by providing safety and health advice, 
technical assistance, and follow-on enforcement as appropriate in 
emergencies; and supporting Federal, state, and/or local authorities' 
efforts when determining if conditions are safe and healthy for human 
entry or occupation, consistent with other delegations.
    F. The Assistant Secretary for Employment and Training is delegated 
authority and assigned responsibility, consistent with other 
delegations, for:
    (1) Ensuring that the Employment and Training Administration-
specific CEMP activities are carried out by assisting in achieving 
maximum emergency utilization of the civilian workforce, such as the 
Job Corps, and unemployment assistance programs and through job 
training and recruiting activities; and
    (2) Providing overall supervision and guidance in the development 
and coordination of programs and plans for achieving maximum 
utilization of civilian manpower resources.
    G. The Assistant Secretary for Employment Standards is delegated 
authority and assigned responsibility, consistent with other 
delegations, for:
    (1) Ensuring that the Employment Standards Administration-specific 
CEMP activities are carried out;
    (2) Providing overall supervision and guidance in the development 
and coordination of programs and plans for administering the wage and 
salary stabilization and labor disputes program.
    H. The Assistant Secretary for Mine Safety and Health is delegated 
authority and assigned responsibility, consistent with other 
delegations, for ensuring the Mine Safety and Health Administration-
specific CEMP activities are carried out by advising and assisting in 
unique emergency situations that require locating and rescuing 
individuals trapped underground or in a mass of debris, to include 
developing and maintaining plans and facility readiness for the use of 
the National Mine Health and Safety Academy as part of Departmental 
COOP.
    I. The Assistant Secretary for Disability Employment Policy is 
delegated authority and assigned responsibility, consistent with other 
delegations, for ensuring that the Office of Disability Employment 
Policy-specific CEMP activities are carried out by ensuring that 
emergency preparedness plans adequately address people with 
disabilities in the workforce.
    J. The Assistant Secretary for Veterans Employment and Training is 
delegated authority and assigned responsibility to assure veterans' 
employment and training service-specific CEMP activities are carried 
out by ensuring that emergency preparedness plans address the 
requirements and needs of veterans and disabled veterans in the 
workforce.
    K. The Commissioner for Labor Statistics is delegated authority and 
assigned responsibility, consistent with other delegations, for 
providing overall supervision and guidance in the development and 
coordination of programs and plans for gathering economic data (e.g., 
employment, unemployment, prices, productivity, wages, and earnings) as 
are necessary for the administration of economic stabilization measures 
during an emergency and for the appraisal of the impact of proposed 
economic stabilization measures and develops plans and programs to 
carry out damage assessments and data system programs.
    L. The Solicitor of Labor is delegated authority and assigned 
responsibility for providing legal advice and counsel to the DOL 
agencies and offices on all matters arising in the administration of 
this Order.
    M. All Agency Heads are delegated the authority and assigned 
responsibility for:
    (1) Developing and maintaining emergency plans necessary to carry 
out the essential functions of their agency in the National Office and 
the Field, consistent with the requirements of critical infrastructure 
protection (CIP), COOP, and COG, and coordinating such plans with the 
EMC and other departments and agencies, as appropriate;
    (2) Providing the necessary funds and staff support to carry out 
the program responsibilities assigned herein;
    (3) Coordinating all disaster and emergency management investments, 
including incident management or emergency management systems through 
e-Gov initiatives, with OASAM through the EMC to ensure compliance with 
the applicable federal interoperability standards; and
    (4) Coordinating communications relating to emergency management 
with congressional, state and local agencies through the Office of 
Congressional and Intergovernmental Affairs, in coordination with the 
EMC.
    6. Reservations of Authority and Responsibility. A. The submission 
of reports and recommendations to the President and Congress is 
reserved to the Secretary.
    B. This Secretary's Order does not affect the authorities and 
responsibilities of the Office of Inspector General under the Inspector 
General Act of 1978, as amended, or under Secretary's Order 2-90 
(January 31, 1990).
    C. This Secretary's Order does not affect the Order of Succession 
for Executive Continuity as provided by Secretary's Order 4-2003 
(October 14, 2004).
    D. Heads of DOL Agencies charged with direct responsibility for 
program operations exercise the same authority for these programs 
during emergencies as currently delegated during normal operations.
    7. Re-delegation of Authority. Unless identified as non-delegable 
under this Order, authorities delegated within this Order may be re-
delegated, provided, however, that re-delegation shall in no way 
diminish the delegating official's responsibility.
    8. Effective Date. This Order is effective immediately.

    Dated: January 17, 2006.
Elaine L. Chao,
Secretary of Labor.

Appendix A: Authorities

    This Order is issued pursuant to:
     5 U.S.C. 301.
     6 U.S.C. 101.
     42 U.S.C. 5195.
     36 CFR 1236, "Management of Vital Records" (July 1, 
1998).
     41 CFR 101-2, "Occupant Emergency Program" (July 1, 
1998).
     The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, as amended by Public Law 106-390 (October 30, 2000).
     Homeland Security Presidential Directive 8, "National 
Preparedness" (December 17, 2003).
     Homeland Security Presidential Directive 7, "Critical 
Infrastructure Identification, Prioritization, and Protection" 
(December 17, 2003).
     Homeland Security Presidential Directive 5, 
"Management of Domestic Incidents" (February 23, 2003).
     Homeland Security Presidential Directive 3, "Homeland 
Security Advisory System" (March 11, 2002).
     Executive Order 12345, "Providing an Order of 
Succession within the Department of Labor" (December 18, 2001).
     Executive Order 13231, "Critical Infrastructure 
Protection in the Information Age" (October 16, 2001).
     Executive Order 13228, "Establishing the Office of 
Homeland Security and the Homeland Security Council" (October 12, 
2001).
     Executive Order 12958 as amended, "Classified National 
Security Information" (March 25, 2003).
     Executive Order 12919, "National Defense Industrial 
Resources Preparedness" (June 3, 1994).
     Executive Order 12656, "Assignment of Emergency 
Preparedness Responsibilities" (November 18, 1988).
     Executive Order 12472, "Assignment of National 
Security and Emergency Preparedness Telecommunications Functions" 
(April 3, 1984).
     Executive Order 12148, "Federal Emergency Management" 
(July 20, 1979).
     National Security Presidential Directive 1, 
"Organization of the National Security Council System" (February 
13, 2001).
     Federal Preparedness Circular 65, "Federal Executive 
Branch Continuity of Operations" (June 15, 2004).
     Presidential Decision Directive 67, "Enduring 
Constitutional Government and Continuity of Government Operations" 
(October 21, 1998).
     Presidential Decision Directive 62, "Combating 
Terrorism" (May 22, 1998).
     The Initial National Response Plan (October 10, 2003).
     The National Incident Management System (March 1, 
2004).
     Deputy Secretary of Labor Memorandum, "Department of 
Labor, Homeland Security

Advisory System/Protective Measures" (September 18, 2002).

[FR Doc. 06-619 Filed 1-23-06; 8:45 am]

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