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software systems, but failed to do so.

Equifax even stored sensitive usernames

and passwords in plain text.4

The costs of maintaining the status

quo approach are significant and

mounting. According to industry

analysis, the majority of small

businesses currently ‘‘do not have a

cyberattack prevention plan,’’ 5 yet

nearly half of them have experienced at

least one breach within the last year.6

Data breaches can be particularly

perilous for small businesses and new

entrants, with one survey finding that

66 percent could face temporary or

permanent closure if their systems are

compromised.7

The process of putting into place clear

rules requiring corporations to prevent

abuse and misuse personal data is long

overdue. As the agency responsible for

data protection across most of the

economy, the Federal Trade

Commission plays a central role.

While the effort to update the

Safeguards Rule is a start, its reach will

be limited to certain nonbank financial

institutions like Equifax, and violations

don’t even come with any civil

penalties. Given the ongoing harms to

individuals and our country, we should

use every tool in our toolbox to address

data security issues. The Commission

has urged Congress to act, but I agree

with Commissioner Rebecca Kelly

Slaughter, who has argued that ‘‘we

cannot simply hold our breath and

wait.’’ 8 There are many ways that we

can curtail the collection, misuse, and

abuse of personal data, including

launching a rulemaking that broadly

applies to companies across sectors so

4 Fed. Trade Comm’n v. Equifax, Case 1:19-mi99999-UNA, U.S. District Court for the Northern

District of Georgia, Atlanta Division, Complaint for

Permanent Injunction and Other Relief at 7–8 (July

22, 2019), https://www.ftc.gov/system/files/

documents/cases/172_3203_equifax_complaint_722-19.pdf.

5 Craig Lurey, Cyber Mindset Exposed: Keeper

Unveils its 2019 SMB Cyberthreat Study, Keeper

Security, (July 24, 2019), https://

www.keepersecurity.com/blog/2019/07/24/cybermindset-exposed-keeper-unveils-its-2019-smbcyberthreat-study/.

6 Hiscox Cyber Readiness Report 2019, Hiscox

Ltd., (Apr. 23, 2019), https://

www.keepersecurity.com/blog/2019/07/24/cybermindset-exposed-keeper-unveils-its-2019-smbcyberthreat-study/.

7 Press Release, VIPRE Announces Launch of

VIPRE Endpoint Security—Cloud Edition, Business

Wire, (Oct. 2, 2017), https://www.businesswire.com/

news/home/20171002005176/en.

8 Last year, Commissioner Slaughter described

how the FTC could use its existing authority to

initiate a data protection rulemaking. See Rebecca

Kelly Slaughter, Commissioner, Fed. Trade

Comm’n, Remarks at the Silicon Flatirons

Conference at the University of Colorado Law

School: The Near Future of U.S. Privacy Law,

(September 6, 2019), https://www.ftc.gov/system/

files/documents/public_statements/1543396/

slaughter_silicon_flatirons_remarks_9-6-19.pdf.

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there are meaningful sanctions for

violators. We have this authority today.

Commissioners Wilson and Phillips

argue that we must consider the impact

of data security on competition. I agree.

Data security must also be top of mind

in our competition enforcement work

across sectors of the economy. We

should be reviewing how mergers can

lead to a race to the bottom on data

security. We need to rigorously

scrutinize data deals. Companies are

being bought and sold based on the data

they have and the data they can

continue to collect. Acquired data is

being merged into larger databases and

used in ways that people may not have

authorized when they signed up for the

service or initially provided their

information.

We need to continue to take a close

look at what promises were made in

exchange for data access and whether

those promises were upheld when the

data was sold. We also need to examine

how companies are integrating different

security systems, whether strong

security standards are being maintained,

and whether sensitive data is being

handled appropriately.

Finally, we need to consider whether

there are limits to the amount of data

one company can collect and compile,

the types of data one company can

combine, and the ways in which data

can be used and monetized. The scale

and scope of data collection that large

companies are engaging in has made

them—and us—sitting ducks for

malicious actors. Since these companies

are more fixated on monetizing that data

than securing it, their mass surveillance

has become a national security threat.

Our adversaries know that these large

firms have essentially done the dirty

work of collecting intelligence on our

citizens, and lax security standards

make it easy to steal. Ultimately, we

need to fix the market structures and

incentives that drive firms to harvest

and traffic in our private information, so

that complacent companies are

punished when they don’t care about

our security needs or expectations.

The extraordinary step of criminal

indictments of members of the Chinese

People’s Liberation Army announced by

the Attorney General is yet another

wake-up call. Until we take serious

steps to curb corporate surveillance, the

risks to our citizens and country will

only grow as bad actors continue to steal

and stockpile our data. The FTC will

need to act decisively to protect

families, businesses, and our country

from these unquantifiable harms.

[FR Doc. 2020–04610 Filed 3–5–20; 8:45 am]

BILLING CODE 6750–01–P

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DEPARTMENT OF LABOR

Employment and Training

Administration

20 CFR Parts 641, 655, 656, 658, 667,

683, and 702

Office of the Secretary of Labor

29 CFR Parts 2, 7, 8, 10, 13, 18, 24, 29,

38, and 96

Office of Labor-Management

Standards

29 CFR Parts 417 and 471

Wage and Hour Division

29 CFR Parts 501 and 580

Occupational Health and Safety

Administration

29 CFR Parts 1978 Through 1988

Office of Federal Contract Compliance

Programs

41 CFR Parts 50–203 and 60–30

RIN 1290–AA39

Discretionary Review by the Secretary

AGENCY: Office of the Secretary, DOL.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Department of Labor is

issuing this Notice of Proposed

Rulemaking to seek public comments on

a proposal to establish a system of

discretionary secretarial review over

cases pending before or decided by the

Board of Alien Labor Certification

Appeals and to make technical changes

to Departmental regulations governing

the timing and finality of decisions of

the Administrative Review Board and

the Board of Alien Labor Certification

Appeals to ensure consistency with the

new discretionary review processes

proposed in this rule and established in

Secretary’s Order 01–2020.

DATES: The Department invites

interested persons to submit comments

on the proposed rules. To ensure

consideration, comments must be in

writing and must be submitted

(transmitted, postmarked, or delivered)

by April 6, 2020.

ADDRESSES: You may send comments,

identified by Regulatory Identification

Number (RIN) 1290–AA39, by either

one of the following methods:

• Federal e-Rulemaking Portal: http://

www.regulations.gov. Follow the

website instructions for submitting

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comments. To facilitate receipt and

processing of comments, the

Department encourages interested

parties to submit their comments

electronically.

• Mail, hand delivery, express mail,

courier service, or email. You may

submit your comments and attachments

to Mr. Thomas Shepherd, Clerk of the

Appellate Boards, Room S–5220, 200

Constitution Avenue NW, Washington,

DC 20210, or you may submit them by

email to Shepherd.Thomas@dol.gov.

The Office of the Clerk is open during

business hours on all days except

Saturdays, Sundays, and federal

holidays, from 8:30 a.m. to 5:00 p.m.,

Eastern Time.

Instructions: All submissions received

must include the agency name and

Regulatory Information Number (RIN)

for this rulemaking. All comments

received will generally be posted

without change to http://

www.regulations.gov, including any

personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr.

Thomas Shepherd, Clerk of the

Appellate Boards, at 202–693–6319 or

Shepherd.Thomas@dol.gov.

SUPPLEMENTARY INFORMATION: This

preamble is divided into five sections:

Section I describes the process of

rulemaking using a direct final rule with

a companion proposed rule; Section II

provides general background

information on the development of the

proposed rulemaking; Section III

summarizes the proposed regulatory

text; Section IV covers the

administrative requirements for this

proposed rulemaking; and Section V

provides additional information and

instructions to those wishing to

comment on the rule.

This proposed rule is not expected to

be an Executive Order 13771 regulatory

action because it is not significant under

Executive Order 12866. Pursuant to the

Congressional Review Act (5 U.S.C. 801

et seq.), the Office of Information and

Regulatory Affairs designated this as not

a major rule as defined by 5 U.S.C.

804(2).

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I. Proposed Rule Published

Concurrently With Companion Direct

Final Rule

The Department is simultaneously

publishing with this proposed rule a

‘‘direct final’’ rule elsewhere in this

issue of the Federal Register, which

makes identical changes to the

regulatory text. In direct final

rulemaking, an agency publishes a final

rule with a statement that the rule will

go into effect unless the agency receives

significant adverse comments within a

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specified period. If the agency receives

no significant adverse comments in

response to the direct final rule, the rule

goes into effect. If the agency receives

significant adverse comments, the

agency withdraws the direct final rule

and treats such comments as

submissions on the proposed rule. The

proposed rule then provides the

procedural framework to finalize the

rule. An agency typically uses direct

final rulemaking when it anticipates the

rule will be non-controversial.

The Department has determined that

this rule is suitable for direct final

rulemaking. The proposed revisions to

the Department’s internal adjudicatory

processes would establish a mechanism

by which the Secretary can review cases

pending before or decided by BALCA,

and make other conforming

amendments to Departmental

regulations to align with this new

system of discretionary review as well

as the similar system of discretionary

review established in Secretary’s Order

01–2020 over decisions of the ARB.

These are rules of agency management

and personnel and are entirely

procedural changes to how officers

within the Department of Labor exercise

delegated authority on behalf of the

Secretary; therefore, the Department is

not required to engage in a notice and

comment process to issue them. See 5

U.S.C. 553(a)(2), (b)(A). Indeed, the vast

majority of the proposed changes are

merely technical amendments to rules

governing the manner in which the ARB

issues decisions that are designed to

eliminate any potential for confusion or

ambiguity in light of the issuance of

Secretary’s Order 01–2020. Further,

discretionary review by an agency head

over adjudicatory decisions exists in

many other executive branch agencies,

including at the Department of Justice,

the Department of the Interior, and the

Department of Education. The proposed

rules are thus consistent with wellknown and well-established models of

internal agency review. In consequence,

the proposed changes to the

Department’s internal adjudicatory

processes should not be controversial.

The comment period for this

proposed rule runs concurrently with

the comment period for the direct final

rule. Any comments received in

response to this proposed rule will also

be considered as comments regarding

the direct final rule and vice versa. For

purposes of this rulemaking, a

significant adverse comment is one that

explains: (1) Why the rule is

inappropriate, including challenges to

the rule’s underlying premise or

approach; or (2) Why the direct final

rule will be ineffective or unacceptable

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without a change. In determining

whether a significant adverse comment

necessitates withdrawal of the direct

final rule, the Department will consider

whether the comment raises an issue

serious enough to warrant a substantive

response. A comment recommending an

addition to the rule will not be

considered significant and adverse

unless the comment explains how the

direct final rule would be ineffective

without the addition.

The Department requests comments

on all issues related to this rule,

including economic or other regulatory

impacts of this rule on the public. All

interested parties should comment at

this time because the Department will

not initiate an additional comment

period on the proposed rule even if it

withdraws the direct final rule.

II. Background of This Rulemaking

Two of the four review boards within

the Department of Labor were created by

voluntary delegations of authority by

previous Secretaries of Labor.

Specifically, the Administrative Review

Board (ARB)—which has authority to

hear appeals from the decisions of the

Department’s Office of Administrative

Law Judges (OALJ) about certain

immigration, child labor, employment

discrimination, federal construction/

service contracts, and other issues—and

the Board of Alien Labor Certification

Appeals (BALCA)—which has authority

over appeals from the decisions of the

Employment and Training

Administration’s adjudication of foreign

labor certification applications—were

created, respectively, by a Secretary’s

Order and by regulation. Their existence

is neither compelled nor governed by

statute. Notably, before the ARB was

created in 1996, many of the types of

cases now subject to its jurisdiction

were decided directly by the Secretary.

Each board was also entrusted with the

power to issue final agency decisions in

the name of the Secretary. Currently, the

Secretary’s Order and regulations

establishing the ARB and BALCA

provide no mechanism by which the

Secretary can review, where necessary,

the decisions of the officers who

exercise power on his behalf.

To ensure that the Secretary has the

ability to properly supervise and direct

the actions of the Department, the

Department proposes to establish

systems of discretionary secretarial

review over the decisions of the ARB

and decisions of and appeals before

BALCA, which will be accomplished

through the proposed rule contained

herein and the simultaneous issuance of

a Secretary’s Order governing the ARB.

The Department’s authority to effect

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these reforms derives from 5 U.S.C. 301,

which authorizes the heads of agencies

to regulate the internal operations of

their departments, 5 U.S.C. 305, which

provides for continuing review of

agency operations, and the Secretary’s

authority to administer the statutes and

programs at issue in ARB and BALCA

proceedings. In combination, these

statutes establish many of the powers of

the Department within the Office of the

Secretary, and give the Secretary wide

latitude to delegate those powers to his

subordinates on the terms he deems

appropriate. Thus, the Secretary has the

power to delegate his authority to

appropriately supervise the adjudicatory

process within the Department, and is

now exercising that same authority to

assert his decision-making prerogatives

duly assigned to him by Congress by

modifying the terms on which the

members of the ARB and BALCA

exercise his delegated authority.

The proposed reforms to BALCA (and

conforming edits to various

Departmental regulations governing the

ARB, BALCA, and the OALJ) preserve

the existing structures by which the

Department processes adjudications

while giving the Secretary the option, in

his sole discretion, to initiate review

directly in a case where the Secretary’s

involvement is necessary and

appropriate. Again, Congress has

assigned the administration of various

statutes to the Secretary of Labor,

meaning that the Secretary is obligated

to ensure that those laws are

administered, executed, interpreted, and

enforced according to law and Executive

Branch priorities and policies. Under

these reforms, the Secretary will rely on

the ARB and BALCA to assist him in

identifying cases where secretarial

review may be warranted. Consistent

with the practice of other agencies, the

Department does not anticipate that the

power of secretarial review will be used

often. The Department similarly

anticipates that secretarial review—

while completely within the Secretary’s

discretion as the officer assigned to

administer the laws in the first place—

will typically be reserved for matters of

significant importance. Finally, the

Department will ensure that the

secretarial review process will be

accomplished in a manner that complies

with any applicable legal requirements.

Because of significant differences

between how the ARB and BALCA

operate, the proposed systems of review

for each board are designed somewhat

differently. Most importantly, whereas

with respect to the ARB the Secretary

will not exercise review over cases until

after a decision has been rendered, the

proposed regulations modifying

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BALCA’s authority would allow the

Secretary to assume jurisdiction over

most cases even before a decision has

been issued. This is because BALCA

processes significantly more cases each

year than does the ARB, and, due to the

nature of the temporary visa programs

and DOL’s role in administering these

programs, does so much more quickly

than does the ARB. As a result, under

the BALCA regulations, the Secretary

will be able to initiate review of a case

even before BALCA has issued a

decision.

The Department appreciates the

expeditious nature of many types of

BALCA proceedings, such as those

involving temporary labor certification,

and does not anticipate that the new

system of secretarial review established

over such cases will significantly

disrupt or otherwise impede the way

such cases are currently processed. As

noted above, the department expects

that secretarial review over BALCA

decisions will, as with agency head

review at other departments, likely not

be exercised often. Further, the

proposed changes to 29 CFR 18.95

provide that a BALCA decision is the

Secretary’s final administrative decision

unless the Secretary assumes

jurisdiction over the case. For example,

once the BALCA issues a decision that

grants a labor certification or remands

for further processing, the private party

in the case will be able to proceed

immediately to the next step of the

application process, and will only be

delayed in doing so if the Secretary later

decides to undertake review. Moreover,

the revised 29 CFR 18.95 limits any

potential uncertainty that may exist

because of the possibility of secretarial

review by placing strict time limits on

when the Secretary will have the option

of assuming jurisdiction over a case.

III. Analysis of Proposed Rules

The Department proposes to revise

several sections of the Code of Federal

Regulations including 20 CFR parts 641,

655, 656, 658, 667, 683, and 702; 29 CFR

parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and

96; 29 CFR part 471; 29 CFR parts 501

and 580; 29 CFR parts 1978–1988; and

41 CFR parts 50–203 and 60–30 to

harmonize the manner in which the

ARB issues decisions on behalf of the

Secretary under the Department’s

regulations with the scope of the final

decision-making authority delegated to

the ARB by the Secretary in Secretary’s

Order 01–2020. Specifically, references

to final decisions of the ARB have been

modified or removed to ensure that no

regulation contradicts the terms on

which an ARB decision becomes final

under the Secretary’s Order. Certain

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provisions governing the timing of

petitions for review to the ARB and

when the ARB is required to issue

decisions have also been amended to

eliminate potential ambiguity or

confusion over the distinction between

when the ARB is required to issue a

decision and when such decision

becomes the final action of the

Department pursuant to the Secretary’s

Order.

The Department also proposes to

revise 29 CFR part 18 by modifying the

conditions under which a decision of

BALCA becomes the final decision of

the Department and by creating a

process by which the Secretary of Labor

can exercise discretionary review over

cases pending before or decided by the

BALCA. Technical amendments are also

proposed to 20 CFR parts 655 and 656

to harmonize the manner in which

BALCA issues decisions on behalf of the

Secretary with the new system of

discretionary review established in 29

CFR part 18.

The Department of Labor and the

Department of Homeland Security

(DHS) have determined that it is

appropriate to issue a separate rule

regarding the Secretary of Labor’s

review authority over H–2B cases under

29 CFR 18.95 to address the same issues

addressed by this rule in the H–2B

context. It is the Departments’ intent to

promulgate this separate rule after the

publication of this rule. This

determination follows conflicting court

decisions concerning DOL’s authority to

issue legislative rules on its own to

carry out its duties in the H–2B

program. Although DOL and DHS each

have authority to issue rules

implementing their respective duties in

the H–2B program, the Departments

plan to make the amendments to the

applicable regulations jointly to ensure

that there can be no question about the

authority underlying such technical

amendments. This approach is

consistent with the joint rulemaking

governing the Temporary NonAgricultural Employment of H–2B

Aliens in the United States, 80 FR 24042

(Apr. 29, 2015) (codified at 8 CFR part

214, 20 CFR part 655, and 29 CFR part

503).

In order to ensure that all parties

appearing before the ARB and BALCA

have fair notice of the new systems of

discretionary review established in this

rulemaking and in Secretary’s Order 01–

2020, the Secretary will not exercise his

review authority over any decision of

either Board issued before the passage of

30 calendar days from the date on

which the rule becomes effective.

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IV. Administrative Requirements of the

Proposed Rulemaking

Executive Orders 12866, Regulatory

Planning and Review, and 13563,

Improving Regulation and Regulatory

Review

Executive Orders 12866 and 13563

direct agencies to assess the costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety

effects, distributive impacts, and

equity). Executive Order 13563

emphasizes the importance of

quantifying both costs and benefits, of

reducing costs, of harmonizing rules,

and of promoting flexibility.

This proposed rule has been drafted

and reviewed in accordance with

Executive Order 12866. The Department

of Labor, in coordination with the Office

of Management and Budget (OMB),

determined that this proposed rule is

not a significant regulatory action under

section 3(f) of Executive Order 12866

because the rule will not have an annual

effect on the economy of $100 million

or more; will not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; and will not materially

alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof. Furthermore, the rule

does not raise a novel legal or policy

issue arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Accordingly, OMB has waived

review.

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Regulatory Flexibility Act of 1980

Because no notice of proposed

rulemaking is required for this rule

under section 553 of the Administrative

Procedure Act, the regulatory flexibility

analysis requirements of the Regulatory

Flexibility Act, 5 U.S.C. 603, 604, do not

apply to this rule. See 5 U.S.C. 601(2).

Paperwork Reduction Act

The Department has determined that

this proposed rule is not subject to the

requirements of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.,

as this rulemaking does not involve any

collections of information. See 5 CFR

1320.3(c).

Unfunded Mandates Reform Act of 1995

and Executive Order 13132, Federalism

The Department has reviewed this

proposed rule in accordance with the

requirements of Executive Order 13132

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and the Unfunded Mandates Reform Act

of 1995, 2 U.S.C. 1501 et seq., and has

found no potential or substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. As there

is no Federal mandate contained herein

that could result in increased

expenditures by State, local, and tribal

governments, or by the private sector,

the Department has not prepared a

budgetary impact statement.

Executive Order 13175, Consultation

and Coordination With Indian Tribal

Governments

The Department has reviewed this

proposed rule in accordance with

Executive Order 13175 and has

determined that it does not have ‘‘tribal

implications.’’ The proposed rule does

not ‘‘have substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

V. Instructions for Providing Comments

A. APA Requirements for Notice and

Comment

This proposed rule addresses matters

of internal agency management and

personnel, as well as matters of agency

organization, practice and procedure,

and consequently are exempt from the

notice and public comments

requirements of the Administrative

Procedure Act. See 5 U.S.C. 553(a)(2),

(b)(A). Nevertheless, the Department

wishes to provide the public an

opportunity to submit comments.

B. Publication of Comments

Please be advised that the Department

will generally post all comments

without making any change to the

comments, including any personal

information provided. The

www.regulations.gov website is the

Federal e-rulemaking portal, and all

comments received electronically or by

mail, hand delivery, express mail, or

courier service will be available and

accessible to the public on this website.

Therefore, the Department recommends

that commenters safeguard their

personal information by not including

social security numbers, personal

addresses, telephone numbers, or email

addresses in comments. It is the

responsibility of the commenter to

safeguard his or her information.

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C. Access to Docket

In addition to all comments received

by the Department being accessible on

www.regulations.gov, the Department

will make all the comments available for

public inspection during normal

business hours at the office listed in the

ADDRESSES section above. If you need

assistance to review the comments, the

Department will provide you with

appropriate aids such as readers or print

magnifiers. The Department will make

copies of the proposed rule available,

upon request, in large print or electronic

file on portable digital media. The

Department will consider providing the

proposed rule in other formats upon

request. To schedule an appointment to

review the comments or obtain the

proposed rule in an alternate format,

contact Thomas Shepherd at the office

of the Clerk of the Appellate Boards, at

(202)–693–6319 or Shepherd.Thomas@

dol.gov.

Individuals with hearing or speech

impairments may access the telephone

number above by TTY by calling the

toll-free Federal Information Relay

Service at (800) 877–8339.

Dated: February 21, 2020.

Eugene Scalia,

Secretary of Labor.

List of Subjects

20 CFR Part 641

Administrative practice and

procedure, Grievance procedure and

appeals process, Senior Community

Service Employment Program, Services

to participants.

20 CFR Part 655

Administrative practice and

procedure, Labor certification processes

for temporary employment.

20 CFR Part 656

Administrative practice and

procedure, Fraud, Reporting and

recordkeeping requirements, Wages.

20 CFR Part 658

Administrative practice and

procedure, Complaint system;

Discontinuation of services, State

workforce agency compliance, Federal

application of remedial action to state

workforce agencies, Wagner-Peyser Act

Employment Service.

20 CFR Part 667

Adjudication and Judicial Review,

Administrative practice and procedure;

Oversight and monitoring, Grievance

procedures, complaints, and state

appeal processes, Sanctions, corrective

actions, and waiver of liability,

Reporting and recordkeeping

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requirements, Resolution of findings,

Workforce Investment Act.

Labor standards, State apprenticeship

agencies.

20 CFR Part 683

29 CFR Part 38

Administrative practice and

procedure, Compliance procedures,

Obligations of recipients and governors,

Workforce Innovation and Opportunity

Act.

Adjudication and judicial review,

Administrative practice and procedure,

Funding and closeout, Grievance

procedures, complaints, and State

appeal processes; Oversight and

resolution of findings, Pay-forperformance contract strategies,

Reporting and recordkeeping

requirements, Rules, costs, and

limitations, Sanctions, corrective

actions, and waiver of liability,

Workforce Innovation And Opportunity

Act.

20 CFR Part 702

Administrative practice and

procedure, Claims, Penalties, Reporting

and recordkeeping requirements,

Whistleblowing, Workers’

compensation.

29 CFR Part 2

Administrative practice and

procedure, Claims, Courts, Government

employees.

29 CFR Part 7

Administrative practice and

procedure, Government contracts,

Minimum wages.

Administrative practice and

procedure, Government contracts,

Minimum wages.

29 CFR Part 10

Administrative practice and

procedure, Construction industry,

Government procurement, Law

enforcement, Reporting and

recordkeeping requirements, Wages.

29 CFR Part 13

Administrative practice and

procedure, Government contracts, Law

enforcement, Reporting and

recordkeeping requirements, Wages.

29 CFR Part 18

Administrative practice and

procedure, Grievance procedure and

appeals process, Senior Community

Service Employment Program, Services

to participants.

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29 CFR Part 24

Administrative practice and

procedure, Review of other proceedings

and related matters, Review of wage

determinations.

Administrative practice and

procedure, Apprenticeship programs,

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29 CFR Part 417

Labor management standards,

Procedures for removal of local labor

organization officers.

29 CFR Part 471

Administrative practice and

procedure, Complaint procedures,

Compliance review, Contractor

obligations, Federal labor law.

29 CFR Part 501

Administrative practice and

procedure, Contract obligations;

Enforcement, Immigration and

Nationality Act, Temporary alien

agricultural workers.

29 CFR Part 580

Administrative practice and

procedure, Assessing and contesting,

Civil money penalties.

29 CFR Part 8

29 CFR Part 29

29 CFR Part 96

Administrative practice and

procedure, Audit requirements, Grants,

contracts, and other agreements.

Federal Railroad Safety Act, Findings,

Investigations, Litigation, National

Transit Systems Security Act,

Retaliation complaints.

29 CFR Part 1983

Administrative practice and

procedure, Consumer Product Safety

Improvement Act of 2008, Employee

protection, Findings, Investigations,

Litigation, Retaliation complaints.

29 CFR Part 1984

Administrative practice and

procedure, Affordable Care Act,

Employee protection, Findings,

Investigations, Litigation, Retaliation

complaints.

29 CFR Part 1985

Administrative practice and

procedure, Consumer Financial

Protection Act of 2010, Employee

protection, Findings, Investigations,

Litigation, Retaliation complaints.

29 CFR Part 1986

Administrative practice and

procedure, Employee protection,

Findings, Investigations, Litigation,

Retaliation complaints, Seaman’s

Protection Act.

29 CFR Part 1987

29 CFR Part 1978

Administrative practice and

procedure; Employee protection;

Findings, Investigations, Litigation,

Retaliation complaints, Surface

Transportation Assistance Act of 1982.

Administrative practice and

procedure, Employee protection, FDA

Food Safety Modernization Act,

Findings, Investigations, Litigation,

Retaliation complaints.

29 CFR Part 1979

Administrative practice and

procedure, Employee protection,

Findings, Litigation, Investigations,

Retaliation complaints, Wendell H. Ford

Aviation Investment and Reform Act for

the 21st Century.

Administrative practice and

procedure, Employee protection,

Findings, Investigations, Litigation,

Moving Ahead for Progress in the 21st

Century Act, Retaliation complaints.

29 CFR Part 1980

Administrative practice and

procedure, Employee protection,

Findings, Investigations, Litigation,

Retaliation complaints, Sarbanes-Oxley

Act of 2002.

Administrative practice and

procedure, Government procurement,

Minimum wages, Occupational safety

and health.

29 CFR Part 1981

Administrative practice and

procedure, Employee protection,

Findings, Litigation, Investigations,

Pipeline Safety Improvement Act of

2002, Retaliation complaints.

29 CFR Part 1982

Administrative practice and

procedure, Employee protection,

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29 CFR Part 1988

41 CFR Part 50–203

41 CFR Part 60–30

Administrative practice and

procedure, Equal opportunity, Executive

Order 11246, Property management,

Public contracts.

For the reasons set forth in the

preamble, the Department of Labor

proposes to amend 20 CFR chapters V

and VI, 29 CFR subtitle A and chapters

IV, V, and XVII, and 41 CFR parts 50–

203 and 60–30 as follows:

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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Proposed Rules

Title 20: Employees’ Benefits

Employment and Training

Administration

PART 641—PROVISIONS GOVERNING

THE SENIOR COMMUNITY SERVICE

EMPLOYMENT PROGRAM

■ 1. The authority citation for part 641

continues to read as follows:

Authority: 42 U.S.C. 3056 et seq.; Pub. L.

114–144, 130 Stat. 334 (Apr. 19, 2016).

■ 2. In § 641.900, revise paragraph (e) to

read as follows:

§ 641.900 What appeal process is available

to an applicant that does not receive a

grant?

*

*

*

*

*

(e) The decision of the ALJ constitutes

final agency action unless, within 21

days of the decision, a party dissatisfied

with the ALJ’s decision, in whole or in

part, has filed a petition for review with

the Administrative Review Board (ARB)

(established under Secretary’s Order No.

01–2020), specifically identifying the

procedure, fact, law, or policy to which

exception is taken. The mailing address

for the ARB is 200 Constitution Ave.

NW, Room N5404, Washington, DC

20210. The Department will deem any

exception not specifically urged to have

been waived. A copy of the petition for

review must be sent to the grant officer

at that time. If, within 30 days of the

filing of the petition for review, the ARB

does not notify the parties that the case

has been accepted for review, then the

decision of the ALJ constitutes final

agency action. In any case accepted by

the ARB, a decision must be issued by

the ARB within 180 days of acceptance.

If a decision is not so issued, the

decision of the ALJ constitutes final

agency action.

*

*

*

*

*

■ 3. In § 641.920, revise paragraph (d)(5)

to read as follows:

§ 641.920 What actions of the Department

may a grantee appeal and what procedures

apply to those appeals?

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(d) * * *

(5) The decision of the ALJ constitutes

final agency action unless, within 21

days of the decision, a party dissatisfied

with the ALJ’s decision, in whole or in

part, has filed a petition for review with

the ARB (established under Secretary’s

Order No. 01–2020), specifically

identifying the procedure, fact, law, or

policy to which exception is taken. The

mailing address for the ARB is 200

Constitution Ave. NW, Room N5404,

Washington, DC 20210. The Department

will deem any exception not specifically

argued to have been waived. A copy of

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Jkt 250001

the petition for review must be sent to

the grant officer at that time. If, within

30 days of the filing of the petition for

review, the ARB does not notify the

parties that the case has been accepted

for review, then the decision of the ALJ

constitutes final agency action. In any

case accepted by the ARB, a decision

must be issued by the ARB within 180

days of acceptance. If a decision is not

so issued, the decision of the ALJ

constitutes final agency action.

PART 655—TEMPORARY

EMPLOYMENT OF FOREIGN

WORKERS IN THE UNITED STATES

■ 4. The authority citation for part 655

continues to read as follows:

Authority: Section 655.0 issued under 8

U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i)

and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), and

(t), 1184(c), (g), and (j), 1188, and 1288(c) and

(d); sec. 3(c)(1), Pub. L. 101–238, 103 Stat.

2099, 2102 (8 U.S.C. 1182 note); sec. 221(a),

Pub. L. 101–649, 104 Stat. 4978, 5027 (8

U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102–

232, 105 Stat. 1733, 1748 (8 U.S.C. 1101

note); sec. 323(c), Pub. L. 103–206, 107 Stat.

2428; sec. 412(e), Pub. L. 105–277, 112 Stat.

2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L.

106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182

note); 29 U.S.C. 49k; Pub. L. 107–296, 116

Stat. 2135, as amended; Pub. L. 109–423, 120

Stat. 2900; 8 CFR 214.2(h)(4)(i); 8 CFR

214.2(h)(6)(iii); and sec. 6, Pub. L. 115–218,

132 Stat. 1547 (48 U.S.C. 1806).

Subpart A issued under 8 CFR 214.2(h).

Subpart B issued under 8 U.S.C.

1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8

CFR 214.2(h).

Subpart E issued under 48 U.S.C. 1806.

Subparts F and G issued under 8 U.S.C.

1288(c) and (d); sec. 323(c), Pub. L. 103–206,

107 Stat. 2428; and 28 U.S.C. 2461 note, Pub.

L. 114–74 at section 701.

Subparts H and I issued under 8 U.S.C.

1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and

(t), and 1184(g) and (j); sec. 303(a)(8), Pub. L.

102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101

note); sec. 412(e), Pub. L. 105–277, 112 Stat.

2681; 8 CFR 214.2(h); and 28 U.S.C. 2461

note, Pub. L. 114–74 at section 701.

Subparts L and M issued under 8 U.S.C.

1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d),

Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C.

1182 note); Pub. L. 109–423, 120 Stat. 2900;

and 8 CFR 214.2(h).

■ 5. In § 655.171, revise paragraphs (a)

and (b)(2) to read as follows:

§ 655.171

Appeals.

*

*

*

*

*

(a) Administrative review. Where the

employer has requested administrative

review, within 5 business days after

receipt of the ETA administrative file

the ALJ will, on the basis of the written

record and after due consideration of

any written submissions (which may

not include new evidence) from the

parties involved or amici curiae, either

affirm, reverse, or modify the CO’s

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13091

decision, or remand to the CO for

further action. The decision of the ALJ

must specify the reasons for the action

taken and must be immediately

provided to the employer, the CO, the

OFLC Administrator and DHS by means

normally assuring next-day delivery.

(b) * * *

(2) Decision. After a de novo hearing,

the ALJ must affirm, reverse, or modify

the CO’s determination, or remand to

the CO for further action, except in

cases over which the Secretary has

assumed jurisdiction pursuant to 29

CFR 18.95. The decision of the ALJ must

specify the reasons for the action taken

and must be immediately provided to

the employer, CO, OFLC Administrator,

and DHS by means normally assuring

next-day delivery.

■ 6. In § 655.181, revise paragraph (b)(3)

to read as follows:

§ 655.181

Revocation.

*

*

*

*

*

(b) * * *

(3) Appeal. An employer may appeal

a Notice of Revocation, or a final

determination of the OFLC

Administrator after the review of

rebuttal evidence, according to the

appeal procedures of § 655.171.

*

*

*

*

*

■ 7. In § 655.182, revise paragraph (f)(6)

to read as follows:

§ 655.182

Debarment.

*

*

*

*

*

(f) * * *

(6) ARB decision. The ARB’s decision

must be issued within 90 days from the

notice granting the petition and served

upon all parties and the ALJ. If the ARB

fails to issue a decision within 90 days

from the notice granting the petition, the

ALJ’s decision will be the final agency

decision.

*

*

*

*

*

■ 8. In § 655.183, revise paragraph (c) to

read as follows:

§ 655.183

Less than substantial violations.

*

*

*

*

*

(c) Failure to comply with special

procedures. If the OFLC Administrator

determines that the employer has failed

to comply with special procedures

required pursuant to paragraph (a) of

this section, the OFLC Administrator

will send a written notice to the

employer, stating that the employer’s

otherwise affirmative H–2A certification

determination will be reduced by 25

percent of the total number of H–2A

workers requested (which cannot be

more than those requested in the

previous year) for a period of 1 year.

Notice of such a reduction in the

number of workers requested will be

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conveyed to the employer by the OFLC

Administrator in the OFLC

Administrator’s written certification

determination. The notice will offer the

employer an opportunity to request

administrative review or a de novo

hearing before an ALJ. If administrative

review or a de novo hearing is

requested, the procedures prescribed in

§ 655.171 will apply, provided that if

the ALJ or the Secretary affirms the

OFLC Administrator’s determination

that the employer has failed to comply

with special procedures required by

paragraph (a) of this section, the

reduction in the number of workers

requested will be 25 percent of the total

number of H–2A workers requested

(which cannot be more than those

requested in the previous year) for a

period of 1 year.

■ 9. In § 655.461, revise paragraph (e) to

read as follows:

§ 655.461

Administrative review.

*

*

*

*

*

(e) Scope of review. BALCA will,

except in cases over which the Secretary

has assumed jurisdiction pursuant to 29

CFR 18.95, affirm, reverse, or modify the

CO’s determination, or remand to the

CO for further action. BALCA will reach

this decision after due consideration of

the documents in the Appeal File that

were before the CO at the time of the

CO’s determination, the request for

review, and any legal briefs submitted.

BALCA may not consider evidence not

before the CO at the time of the CO’s

determination, even if such evidence is

in the Appeal File, request for review,

or legal briefs.

*

*

*

*

*

■ 10. In § 655.472, revise paragraph

(b)(3) to read as follows:

§ 655.472

Revocation.

*

*

*

*

*

(b) * * *

(3) Request for review. An employer

may appeal a Notice of Revocation or a

final determination of the OFLC

Administrator after the review of

rebuttal evidence to BALCA, according

to the appeal procedures of § 655.461.

*

*

*

*

*

■ 11. In § 655.473, revise paragraph

(f)(6) to read as follows:

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§ 655.473

Debarment.

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*

*

*

*

(f) * * *

(6) ARB Decision. The ARB’s decision

must be issued within 90 calendar days

from the notice granting the petition and

served upon all parties and the ALJ.

■ 12. In § 655.845, revise paragraphs (h)

and (i) to read as follows:

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Jkt 250001

§ 655.845 What rules apply to appeal of the

decision of the administrative law judge?

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*

(h) The Board’s decision shall be

issued within 180 calendar days from

the date of the notice of intent to review.

The Board’s decision shall be served

upon all parties and the administrative

law judge.

(i) After the Board’s decision becomes

final, the Board shall transmit the entire

record to the Chief Administrative Law

Judge for custody pursuant to § 655.850.

PART 656—LABOR CERTIFICATION

PROCESS FOR PERMANENT

EMPLOYMENT OF ALIENS IN THE

UNITED STATES

■ 13. The authority citation for part 656

continues to read as follows:

Authority: 8 U.S.C. 1182(a)(5)(A),

1182(p)(1); sec.122, Public Law 101–649, 109

Stat. 4978; and Title IV, Public Law 105–277,

112 Stat. 2681.

■ 14. In § 656.27, revise paragraph (c) to

read as follows:

§ 656.27 Consideration by and decisions

of the Board of Alien Labor Certification

Appeals.

*

*

*

*

*

(c) Review on the record. The Board

of Alien Labor Certification Appeals

must review a denial of labor

certification under § 656.24, a

revocation of a certification under

§ 656.32, or an affirmation of a

prevailing wage determination under

§ 656.41 on the basis of the record upon

which the decision was made, the

request for review, and any Statements

of Position or legal briefs submitted and,

except in cases over which the Secretary

has assumed jurisdiction pursuant to 29

CFR 18.95, must:

(1) Affirm the denial of the labor

certification, the revocation of

certification, or the affirmation of the

PWD; or

(2) Direct the Certifying Officer to

grant the certification, overrule the

revocation of certification, or overrule

the affirmation of the PWD; or

(3) Direct that a hearing on the case

be held under paragraph (e) of this

section.

*

*

*

*

*

PART 658—ADMINISTRATIVE

PROVISIONS GOVERNING THE

WAGNER–PEYSER ACT

EMPLOYMENT SERVICE

■ 15. The authority citation for part 658

continues to read as follows:

Authority: Secs. 189, 503, Pub. L. 113–128,

128 Stat. 1425 (Jul. 22, 2014); 29 U.S.C.

chapter 4B.

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■ 16. In § 658.711, revise paragraph (b)

to read as follows:

§ 658.711 Decision of the Administrative

Review Board.

*

*

*

*

*

(b) The decision of the Administrative

Review Board must be in writing, and

must set forth the factual and legal basis

for the decision. After the Board’s

decision becomes final, notice of the

decision must be published in the

Federal Register, and copies must be

made available for public inspection

and copying.

PART 667—ADMINISTRATIVE

PROVISIONS UNDER TITLE I OF THE

WORKFORCE INVESTMENT ACT

■ 17. The authority citation for part 667

continues to read as follows:

Authority: Subtitle C of Title I, Sec. 506(c),

Pub. L. 105–220, 112 Stat. 936 (20 U.S.C.

9276(c)); Executive Order 13198, 66 FR 8497,

3 CFR 2001 Comp., p. 750; Executive Order

13279, 67 FR 77141, 3 CFR 2002 Comp., p.

258.

■ 18. In § 667.830, revise paragraph (b)

to read as follows:

§ 667.830 When will the Administrative

Law Judge issue a decision?

*

*

*

*

*

(b) The decision of the ALJ constitutes

final agency action unless, within 20

days of the decision, a party dissatisfied

with the ALJ’s decision has filed a

petition for review with the

Administrative Review Board (ARB)

(established under Secretary’s Order No.

01–2020), specifically identifying the

procedure, fact, law, or policy to which

exception is taken. Any exception not

specifically urged is deemed to have

been waived. A copy of the petition for

review must be sent to the opposing

party at that time. Thereafter, the

decision of the ALJ constitutes final

agency action unless the ARB, within 30

days of the filing of the petition for

review, notifies the parties that the case

has been accepted for review. In any

case accepted by the ARB, a decision

must be issued by the ARB within 180

days of acceptance. If a decision is not

so issued, the decision of the ALJ

constitutes final agency action.

PART 683—ADMINISTRATIVE

PROVISIONS UNDER TITLE I OF THE

WORKFORCE INNOVATION AND

OPPORTUNITY ACT

■ 19. The authority citation for part 683

continues to read as follows:

Authority: Secs. 102, 116, 121, 127, 128,

132, 133, 147, 167, 169, 171, 181, 185, 189,

195, 503, Public Law 113–128, 128 Stat. 1425

(Jul. 22, 2014).

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■ 20. In § 683.830, revise paragraph (b)

to read as follows:

§ 683.830 When will the Administrative

Law Judge issue a decision?

*

*

*

*

*

(b) The decision of the ALJ constitutes

final agency action unless, within 20

days of the decision, a party dissatisfied

with the ALJ’s decision has filed a

petition for review with the

Administrative Review Board (ARB)

(established under Secretary’s Order No.

01–2020), specifically identifying the

procedure, fact, law, or policy to which

exception is taken. Any exception not

specifically raised in the petition is

deemed to have been waived. A copy of

the petition for review also must be sent

to the opposing party and if an

applicant or recipient, to the Grant

Officer and the Grant Officer’s Counsel

at the time of filing. Unless the ARB,

within 30 days of the filing of the

petition for review, notifies the parties

that the case has been accepted for

review, the decision of the ALJ

constitutes final agency action. In any

case accepted by the ARB, a decision

must be issued by the ARB within 180

days of acceptance. If a decision is not

so issued, the decision of the ALJ

constitutes final agency action.

Office of Workers’ Compensation

Programs Longshoremen’s and Harbor

Workers’ Compensation Act and

Related Statutes

PART 702—ADMINISTRATION AND

PROCEDURE

continues to read as follows:

■ 22. In § 702.433, revise paragraphs (e)

and (f) to read as follows:

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*

(e) The administrative law judge will

issue a recommended decision after the

termination of the hearing. The

recommended decision must contain

appropriate findings, conclusions, and a

recommended order and be forwarded,

together with the record of the hearing,

to the Administrative Review Board for

a decision. The recommended decision

must be served upon all parties to the

proceeding.

(f) Based upon a review of the record

and the recommended decision of the

18:04 Mar 05, 2020

§ 702.434

■ 26. The authority citation for part 7

Judicial review.

(a) Any physician, health care

provider, or claims representative who

participated as a party in the hearing

may obtain review of the Department’s

final decision made by the

Administrative Review Board or the

Secretary, as appropriate, regardless of

the amount of controversy, by

commencing a civil action within sixty

(60) days after the decision is

transmitted to him or her. The pendency

of such review will not stay the effect

of the decision. Such action must be

brought in the Court of Appeals of the

United States for the judicial circuit in

which the plaintiff resides or has his or

her principal place of business, or the

Court of Appeals for the District of

Columbia pursuant to section 7(j)(4) of

the Act, 33 U.S.C. 907(j)(4).

(b) As part of the Department’s

answer, the Administrative Review

Board must file a certified copy of the

transcript of the record of the hearing,

including all evidence submitted in

connection therewith.

(c) The findings of fact contained in

the Department’s final decision, if based

on substantial evidence in the record as

a whole, shall be conclusive.

Office of the Secretary of Labor

Jkt 250001

continues to read as:

Authority: Reorg. Plan No. 14 of 1950, 64

Stat. 1267; 5 U.S.C. 301; 3 CFR, 1949–1953

Comp., p. 1007; sec. 2, 48 Stat. 948 as

amended; 40 U.S.C. 276c; secs. 104, 105, 76

Stat. 358, 359; 40 U.S.C. 330, 331; 65 Stat.

290; 36 FR 306, 8755.

■ 27. In § 7.1, revise paragraph (d) to

read as follows:

§ 7.1

Purpose and scope.

*

*

*

*

*

(d) In considering the matters within

the scope of its jurisdiction the Board

shall act as the authorized

representative of the Secretary of Labor.

The Board shall act as fully and finally

as might the Secretary of Labor

concerning such matters, except as

provided in Secretary’s Order 01–2020.

*

*

*

*

*

PART 8—PRACTICE BEFORE THE

ADMINISTRATIVE REVIEW BOARD

WITH REGARD TO FEDERAL SERVICE

CONTRACTS

■ 28. The authority citation for part 8

continues to read as:

Authority: Secs. 4 and 5, 79 Stat. 1034,

1035, as amended by 86 Stat. 789, 790, 41

U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No.

14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix;

76 Stat. 357–359, 40 U.S.C. 327–332.

■ 29. In § 8.1, revise paragraph (c) to

■ 24. The authority citation for part 2

read as follows:

continues to read as:

§ 8.1

Authority: 5 U.S.C. 301; Executive Order

13198, 66 FR 8497, 3 CFR 2001 Comp., p.

750; Executive Order 13279, 67 FR 77141, 3

CFR 2002 Comp., p. 258; Executive Order

13559, 75 FR 71319, 3 CFR 2011 Comp., p.

273.

■ 25. Revise § 2.8 to read as follows:

Requests for hearing.

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PART 7—PRACTICE BEFORE THE

ADMINISTRATIVE REVIEW BOARD

WITH REGARD TO FEDERAL AND

FEDERALLY ASSISTED

CONSTRUCTION CONTRACTS

PART 2—GENERAL REGULATIONS

Authority: 5 U.S.C. 301, and 8171 et seq.;

33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.;

43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal

Civil Penalties Inflation Adjustment Act of

1990); Pub. L. 114–74 at sec. 701;

Reorganization Plan No. 6 of 1950, 15 FR

3174, 64 Stat. 1263; Secretary’s Order 10–

2009, 74 FR 58834.

§ 702.433

administrative law judge, the

Administrative Review Board will issue

a decision.

■ 23. Revise § 702.434 to read as

follows:

Title 29: Labor

■ 21. The authority citation for part 702

13093

§ 2.8

Final agency decisions.

Final agency decisions issued under

the statutory authority of the U.S.

Department of Labor may be issued by

the Secretary of Labor, or by his or her

designee under a written delegation of

authority. The Administrative Review

Board, an organizational entity within

the Office of the Secretary, has been

delegated authority to issue final agency

decisions under the statutes, executive

orders, and regulations according to,

and except as provided in Secretary’s

Order 01–2020.

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Purpose and scope.

*

*

*

*

*

(c) In considering the matters within

the scope of its jurisdiction the Board

shall act as the authorized

representative of the Secretary of Labor

and shall act as fully and finally as

might the Secretary of Labor concerning

such matters, except as provided in

Secretary’s Order 01–2020.

*

*

*

*

*

PART 10—ESTABLISHING A MINIMUM

WAGE FOR CONTRACTORS

■ 30. The authority citation for part 10

continues to read as follows:

Authority: 5 U.S.C. 301; section 2, E.O.

13838, 83 FR 25341; section 4, E.O. 13658,

79 FR 9851; Secretary’s Order 01–2014, 79

FR 77527.

■ 31. Revise § 10.57 to read as follows:

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§ 10.57 Administrative Review Board

proceedings.

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(a) Authority—(1) General. The

Administrative Review Board has

jurisdiction to hear and decide in its

discretion appeals concerning questions

of law and fact from investigative

findings letters of the Administrator

issued under § 10.51(c)(1) or (2),

Administrator’s rulings issued under

§ 10.58, and decisions of Administrative

Law Judges issued under § 10.55.

(2) Limit on scope of review. (i) The

Board shall not have jurisdiction to pass

on the validity of any provision of this

part. The Board is an appellate body and

shall decide cases properly before it on

the basis of substantial evidence

contained in the entire record before it.

The Board shall not receive new

evidence into the record.

(ii) The Equal Access to Justice Act,

as amended, does not apply to

proceedings under this part.

Accordingly, the Administrative Review

Board shall have no authority to award

attorney’s fees and/or other litigation

expenses pursuant to the provisions of

the Equal Access to Justice Act for any

proceeding under this part.

(b) Decisions. The Board’s decision

shall be issued within a reasonable

period of time following receipt of the

petition for review and shall be served

upon all parties by mail to the last

known address and on the Chief

Administrative Law Judge (in cases

involving an appeal from an

Administrative Law Judge’s decision).

(c) Orders. If the Board concludes a

violation occurred, an order shall be

issued mandating action to remedy the

violation, including, but not limited to,

monetary relief for unpaid wages.

Where the Administrator has sought

imposition of debarment, the Board

shall determine whether an order

imposing debarment is appropriate. The

ARB’s order is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

of law and fact from investigative

findings letters of the Administrator

issued under § 13.51(c)(1) or the final

sentence of § 13.51(c)(2)(ii),

Administrator’s rulings issued under

§ 13.58, and decisions of Administrative

Law Judges issued under § 13.55.

(2) Limit on scope of review. (i) The

Administrative Review Board shall not

have jurisdiction to pass on the validity

of any provision of this part. The

Administrative Review Board is an

appellate body and shall decide cases

properly before it on the basis of

substantial evidence contained in the

entire record before it. The

Administrative Review Board shall not

receive new evidence into the record.

(ii) The Equal Access to Justice Act,

as amended, does not apply to

proceedings under this part.

Accordingly, the Administrative Review

Board shall have no authority to award

attorney’s fees and/or other litigation

expenses pursuant to the provisions of

the Equal Access to Justice Act for any

proceeding under this part.

(b) Decisions. The Administrative

Review Board’s decision shall be issued

within a reasonable period of time

following receipt of the petition for

review and shall be served upon all

parties by mail to the last known

address and on the Chief Administrative

Law Judge (in cases involving an appeal

from an Administrative Law Judge’s

decision).

(c) Orders. If the Board concludes a

violation occurred, an order shall be

issued mandating action to remedy the

violation, including, but not limited to,

any monetary or equitable relief

described in § 13.44. Where the

Administrator has sought imposition of

debarment, the Administrative Review

Board shall determine whether an order

imposing debarment is appropriate. The

ARB’s order is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

PART 13—ESTABLISHING PAID SICK

LEAVE FOR FEDERAL

CONTRACTORS

PART 18—RULES OF PRACTICE AND

PROCEDURE FOR ADMINISTRATIVE

HEARINGS BEFORE THE OFFICE OF

ADMINISTRATIVE LAW JUDGES

■ 32. The authority citation for part 13

■ 34. The authority citation for part 18

continues to read as follow:

continues to read as follows:

Authority: 5 U.S.C. 301; E.O. 13706, 80 FR

54697, 3 CFR, 2016 Comp., p. 367;

Secretary’s Order 01–2014, 79 FR 77527.

Authority: 5 U.S.C. 301; 5 U.S.C. 551–553;

5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

■ 33. Revise § 13.57 to read as follows:

§ 18.95 Review of decision and review by

the Secretary.

§ 13.57 Administrative Review Board

proceedings.

(a) Authority—(1) General. The

Administrative Review Board has

jurisdiction to hear and decide in its

discretion appeals concerning questions

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■ 35. Revise § 18.95 to read as follows:

(a) Review. The statute or regulation

that conferred hearing jurisdiction

provides the procedure for review of a

judge’s decision. If the statute or

regulation does not provide a procedure,

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the judge’s decision becomes the

Secretary’s final administrative

decision, except as provided in

paragraph (b) of this section.

(b) Finality. A decision of the Board

of Alien Labor Certification Appeals

(BALCA) shall constitute the Secretary’s

final administrative decision except in

those cases over which the Secretary

has, in accordance with this paragraph

(b) and paragraph (c) of this section,

assumed jurisdiction:

(1) In any case for which

administrative review is sought or

handled in accordance with 20 CFR

655.171(a) or 20 CFR 655.461, at any

point from when the BALCA receives a

request for review until the passage of

10 business days after the date on which

BALCA has issued its decision.

(2) In any case for which a de novo

hearing is sought or handled under 20

CFR 655.171(b), at any point within 15

business days after the date on which

the BALCA has issued its decision.

(3) In any case for which review is

sought or handled in accordance with

20 CFR 656.26 and 20 CFR 656.27, at

any point from when the BALCA

receives a request for review until the

passage of 30 business days after the

BALCA has issued its decision.

(c) Review by the Secretary—(1)

Transmission of information. (i)

Whenever the BALCA receives a request

for review, it shall immediately transmit

a copy of such request to the Deputy

Secretary.

(ii) Within 3 business days of when

the BALCA issues a decision, the Chair

of the BALCA, or his or her designee,

shall transmit to the Deputy Secretary a

copy of the decision and a concise

recommendation as to whether the

decision involves an issue or issues of

such exceptional importance that

review by the Secretary is warranted.

(2) Review. (i) The Secretary may, at

any point within the time periods

provided for in paragraph (b) of this

section, and in his or her sole

discretion, assume jurisdiction to

review the decision or determination of

the Certifying Officer, the Office of

Foreign Labor Certification

Administrator, the National Prevailing

Wage Center Director, or the BALCA, as

the case may be.

(ii) When the Secretary assumes

jurisdiction over a case, the Secretary

shall promptly notify the BALCA. The

BALCA shall promptly notify the parties

to the case of such action and shall

submit the Appeal File and any briefs

filed to the Secretary.

(iii) In any case the Secretary decides,

the Secretary’s decision shall be stated

in writing and transmitted to the

BALCA, which shall promptly transmit

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it to the parties to the case. Such

decision shall constitute final action by

the Department and shall serve as

binding precedent on all Department

employees and in all Department

proceedings involving the same issue or

issues.

(iv) The Solicitor of Labor, or his or

her designee, shall have the

responsibility for providing legal advice

to the Secretary with respect to the

Secretary’s exercise of review under this

section, except that no individual

involved in the investigation or

prosecution of a case shall advise the

Secretary on the exercise of review with

respect to such case or a case involving

a common nucleus of operative fact.

PART 24—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER THE EMPLOYEE

PROTECTION PROVISIONS OF SIX

ENVIRONMENTAL STATUTES AND

SECTION 211 OF THE ENERGY

REORGANIZATION ACT OF 1974, AS

AMENDED

■ 36. The authority citation for part 24

is revised to read as follows:

Authority: 15 U.S.C. 2622; 33 U.S.C. 1367;

42 U.S.C. 300j–9(i)BVG, 5851, 6971, 7622,

9610; Secretary’s Order No. 5–2007, 72 FR

31160 (June 5, 2007); Secretary’s Order No.

01–2020.

■ 37. In § 24.110, revise paragraphs (a),

(c), and (d) to read as follows:

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§ 24.110 Decisions and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ must file a written petition

for review with the ARB, U.S.

Department of Labor, 200 Constitution

Ave. NW, Washington, DC 20210. The

decision of the ALJ will become the

final order of the Secretary unless,

pursuant to this section, a timely

petition for review is filed with the ARB

and the ARB accepts the case for review.

The parties should identify in their

petitions for review the legal

conclusions or orders to which they

object, or the objections will ordinarily

be deemed waived. A petition must be

filed within 10 business days of the date

of the decision of the ALJ. The date of

the postmark, facsimile transmittal, or

email communication will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

and all briefs must be served on the

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Assistant Secretary, Occupational Safety

and Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor.

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*

(c) The decision of the ARB will be

issued within 90 days of the filing of the

complaint. The decision will be served

upon all parties and the Chief

Administrative Law Judge by mail. The

decision will also be served on the

Assistant Secretary, Occupational Safety

and Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, even if the Assistant Secretary is

not a party.

(d) If the ARB concludes that the

respondent has violated the law, the

order will order the respondent to take

appropriate affirmative action to abate

the violation, including reinstatement of

the complainant to that person’s former

position, together with the

compensation (including back pay),

terms, conditions, and privileges of

employment, and compensatory

damages. In cases arising under the Safe

Drinking Water Act or the Toxic

Substances Control Act, exemplary

damages may also be awarded when

appropriate. At the request of the

complainant, the ARB will assess

against the respondent all costs and

expenses (including attorney’s fees)

reasonably incurred.

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*

■ 38. Revise § 24.112 to read as follows:

§ 24.112

Judicial Review.

(a) Except as provided under

paragraphs (b) through (d) of this

section, within 60 days after the

issuance of a final order (including a

decision issued by the Secretary upon

his or her discretionary review) for

which judicial review is available, any

person adversely affected or aggrieved

by the order may file a petition for

review of the order in the United States

Court of Appeals for the circuit in

which the violation allegedly occurred

or the circuit in which the complainant

resided on the date of the violation. A

final order of the ARB (or a decision

issued by the Secretary upon his or her

discretionary review) is not subject to

judicial review in any criminal or other

civil proceeding.

(b) Under the Federal Water Pollution

Control Act, within 120 days after the

issuance of a final order (including a

decision issued by the Secretary upon

his or her discretionary review) for

which judicial review is available, any

person adversely affected or aggrieved

by the order may file a petition for

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review of the order in the United States

Court of Appeals for the circuit in

which the violation allegedly occurred

or the circuit in which the complainant

resided on the date of the violation.

(c) Under the Solid Waste Disposal

Act, within 90 days after the issuance of

a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation.

(d) Under the Comprehensive

Environmental Response, Compensation

and Liability Act, after the issuance of

a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States district

court in which the violation allegedly

occurred. For purposes of judicial

economy and consistency, when a final

order under the Comprehensive

Environmental Response, Compensation

and Liability Act also is issued under

any other statute listed in § 24.100(a),

the adversely affected or aggrieved

person may file a petition for review of

the entire order in the United States

Court of Appeals for the circuit in

which the violation allegedly occurred

or the circuit in which the complainant

resided on the date of the violation. The

time for filing a petition for review of an

order issued under the Comprehensive

Environmental Response, Compensation

and Liability Act and any other statute

listed in § 24.100(a) is determined by

the time period applicable under the

other statute(s).

(e) If a timely petition for review is

filed, the record of a case, including the

record of proceedings before the

administrative law judge, will be

transmitted by the ARB or the ALJ, as

appropriate, to the appropriate court

pursuant to the Federal Rules of

Appellate Procedure and the local rules

of the court.

PART 29—LABOR STANDARDS FOR

THE REGISTRATION OF

APPRENTICESHIP PROGRAMS

■ 39. The authority citation for part 29

continues to read as follows:

Authority: Section 1, 50 Stat. 664, as

amended (29 U.S.C. 50; 40 U.S.C. 276c; 5

U.S.C. 301); Reorganization Plan No. 14 of

1950, 64 Stat. 1267 (5 U.S.C. App. P. 534).

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■ 40. In § 29.10, revise paragraph (c) to

read as follows:

§ 29.10

Hearings for deregistration.

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*

(c) The Administrative Law Judge

should issue a written decision within

90 days of the close of the hearing

record. The Administrative Law Judge’s

decision constitutes final agency action

unless, within 15 days from receipt of

the decision, a party dissatisfied with

the decision files a petition for review

with the Administrative Review Board,

specifically identifying the procedure,

fact, law, or policy to which exception

is taken. Any exception not specifically

urged is deemed to have been waived.

A copy of the petition for review must

be sent to the opposing party at the

same time. Thereafter, the decision of

the Administrative Law Judge remains

final agency action unless the

Administrative Review Board, within 30

days of the filing of the petition for

review, notifies the parties that it has

accepted the case for review. The

Administrative Review Board may set a

briefing schedule or decide the matter

on the record. The Administrative

Review Board must issue a decision in

any case it accepts for review within

180 days of the close of the record. If a

decision is not so issued, the

Administrative Law Judge’s decision

constitutes final agency action.

■ 41. In § 29.13, revise paragraph (g)(4)

to read as follows:

§ 29.13 Recognition of State

Apprenticeship Agencies.

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*

*

*

*

(g) * * *

(4) After the close of the period for

filing exceptions and responses, the

Administrative Review Board may issue

a briefing schedule or may decide the

matter on the record before it. The

Administrative Review Board must

decide any case it accepts for review

within 180 days of the close of the

record. If a decision is not so issued, the

Administrative Law Judge’s decision

constitutes final agency action.

*

*

*

*

*

■ 42. In § 29.14, revise paragraph (c)(3)

to read as follows:

§ 29.14 Derecognition of State

Apprenticeship Agencies.

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(c) * * *

(3) Requests a hearing. The

Administrator shall refer the matter to

the Office of Administrative Law Judges.

An Administrative Law Judge will

convene a hearing in accordance with

§ 29.13(g) and submit proposed findings

and a recommended decision to the

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Administrative Review Board. The

Administrative Review Board must

issue a decision in any case it accepts

for review within 180 days of the close

of the record. If a decision is not so

issued, the Administrative Law Judge’s

decision constitutes final agency action.

*

*

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*

*

PART 38—IMPLEMENTATION OF THE

NONDISCRIMINATION AND EQUAL

OPPORTUNITY PROVISIONS OF THE

WORKFORCE INNOVATION AND

OPPORTUNITY ACT

■ 43. The authority citation for part 38

continues to read as follows:

Authority: 29 U.S.C. 3101 et seq.; 42

U.S.C. 2000d et seq.; 29 U.S.C. 794; 42 U.S.C.

6101 et seq.; and 20 U.S.C. 1681 et seq.

■ 44. In § 38.112, revise paragraph

(b)(1)(viii) and remove paragraph (b)(3).

The revision reads as follows:

§ 38.112 Initial and final decision

procedures.

*

*

*

*

*

(b) * * *

(1) * * *

(viii) Decision and Order after review

by Administrative Review Board. In any

case reviewed by the Administrative

Review Board under this paragraph, a

decision must be issued within 180 days

of the notification of such review. If the

Administrative Review Board fails to

issue a decision and order within the

180–day period, the initial decision and

order of the Administrative Law Judge

becomes the Final Decision and Order.

*

*

*

*

*

■ 45. In § 38.113, revise paragraph (c) to

read as follows:

§ 38.113

Post-termination proceedings.

*

*

*

*

*

(c) A decision issued by the

Administrative Review Board has

become final, the Administrative Law

Judge’s decision and order has become

the Final Agency Decision, or the Final

Determination or Notification of

Conciliation Agreement has been

deemed the Final Agency Decision,

under § 38.112(b); and

*

*

*

*

*

■ 46. In § 38.115, revise paragraph (c)(5)

to read as follows:

§ 38.115

Post-termination proceedings.

*

*

*

*

*

(c) * * *

(5) The Administrative Review Board

must issue a decision denying or

granting the recipient’s or grant

applicant’s request for restoration to

eligibility.

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PART 96—AUDIT REQUIREMENTS

FOR GRANTS, CONTRACTS, AND

OTHER AGREEMENTS

■ 47. The authority citation for part 96

continues to read as follows:

Authority: 31 U.S.C. 7501 et seq. and OMB

Circular No. A–133, as amended.

■ 48. In § 96.63, revise paragraph (b)(5)

to read as follows:

§ 96.63

Federal financial assistance.

*

*

*

*

*

(b) * * *

(5) Review by the Administrative

Review Board. In any case accepted for

review by the Administrative Review

Board, a decision shall be issued within

180 days of such acceptance. If a

decision is not so issued, the decision

of the Administrative Law Judge shall

become the final decision of the

Secretary.

Office of Labor-Management Standards

PART 417—OBLIGATIONS OF

FEDERAL CONTRACTORS AND

SUBCONTRACTORS; NOTIFICATION

OF EMPLOYEE RIGHTS UNDER

FEDERAL LABOR LAWS

■ 49. The authority citation for part 417

is revised to read as follows:

Authority: Secs. 401, 402, 73 Stat. 533,

534 (29 U.S.C. 481, 482); Secretary’s Order

No. 03–2012, 77 FR 69376, November 16,

2012; Secretary’s Order No. 01–2020.

PART 471—OBLIGATIONS OF

FEDERAL CONTRACTORS AND

SUBCONTRACTORS; NOTIFICATION

OF EMPLOYEE RIGHTS UNDER

FEDERAL LABOR LAWS

■ 50. The authority citation for part 471

is revised to read as follows:

Authority: 40 U.S.C. 101 et seq.; Executive

Order 13496, 74 FR 6107, February 4, 2009;

Secretary’s Order No. 7–2009, 74 FR 58834,

November 13, 2009; Secretary’s Order No.

01–2020.

■ 51. In § 471.13, revise paragraph (b)(4)

to read as follows:

§ 471.13 Under what circumstances, and

how, will enforcement proceedings under

Executive Order 13496 be conducted?

*

*

*

*

*

(b) * * *

(4) After the expiration of time for

filing exceptions, the Administrative

Review Board may issue an

administrative order, or may otherwise

appropriately dispose of the matter. In

an expedited proceeding, unless the

Administrative Review Board issues an

administrative order within 30 days

after the expiration of time for filing

exceptions, the Administrative Law

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Judge’s recommended decision will

become the final administrative order. If

the Administrative Review Board

determines that the contractor has

violated the Executive Order or the

regulations in this part, the

administrative order will order the

contractor to cease and desist from the

violations, require the contractor to

provide appropriate remedies, or,

subject to the procedures in § 471.14,

impose appropriate sanctions and

penalties, or any combination thereof.

Wage and Hour Division

PART 501—ENFORCEMENT OF

CONTRACTUAL OBLIGATIONS FOR

TEMPORARY ALIEN AGRICULTURAL

WORKERS ADMITTED UNDER

SECTION 218 OF THE IMMIGRATION

AND NATIONALITY ACT

■ 52. The authority citation for part 501

continues to read as follows:

Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a),

1184(c), and 1188; 28 U.S.C. 2461 Note

(Federal Civil Penalties Inflation Adjustment

Act of 1990); and Pub. L. 114–74 at § 701.

■ 53. Revise § 501.45 to read as follows:

§ 501.45 Decision of the Administrative

Review Board.

The ARB’s decision shall be issued

within 90 days from the notice granting

the petition and served upon all parties

and the ALJ.

PART 580 CIVIL MONEY PENALTIES—

PROCEDURES FOR ASSESSING AND

CONTESTING PENALTIES

■ 54. The authority citation for part 580

continues to read as follows:

Authority: 29 U.S.C. 9a, 203, 209, 211, 212,

213(c), 216; Reorg. Plan No. 6 of 1950, 64

Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat.

72, 76; Secretary’s Order 01–2014 (Dec. 19,

2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C.

500, 503, 551, 559; 103 Stat. 938.

■ 55. Revise § 580.16 to read as follows:

§ 580.16 Decision of the Administrative

Review Board.

The Board’s decision shall be served

upon all parties and the Chief

Administrative Law Judge, in person or

by mail to the last known address.

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Occupational Safety and Health

Administration

PART 1978—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER THE EMPLOYEE

PROTECTION PROVISION OF THE

SURFACE TRANSPORTATION

ASSISTANCE ACT OF 1982 (STAA), AS

AMENDED

■ 56. The authority citation for part

1978 is revised to read as follows:

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Authority: 49 U.S.C. 31101 and 31105;

Secretary’s Order 1–2012 (Jan. 18, 2012), 77

FR 3912 (Jan. 25, 2012); Secretary’s Order

01–2020.

■ 57. In § 1978.110, revise paragraphs

(a), (c), (d), and (e) to read as follows:

§ 1978.110 Decisions and orders of the

Administrative Review Board.

(a) The Assistant Secretary or any

other party desiring to seek review,

including judicial review, of a decision

of the ALJ must file a written petition

for review with the ARB. The parties

should identify in their petitions for

review the legal conclusions or orders to

which they object, or the objections may

be deemed waived. A petition must be

filed within 14 days of the date of the

decision of the ALJ. The date of the

postmark, facsimile transmittal, or

electronic communication transmittal

will be considered to be the date of

filing; if the petition is filed in person,

by hand delivery or other means, the

petition is considered filed upon

receipt. The petition must be served on

all parties and on the Chief

Administrative Law Judge at the time it

is filed with the ARB. Copies of the

petition for review and all briefs must

be served on the Assistant Secretary

and, in cases in which the Assistant

Secretary is a party, on the Associate

Solicitor, Division of Occupational

Safety and Health, U.S. Department of

Labor.

*

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge by mail. The

decision also will be served on the

Assistant Secretary, and on the

Associate Solicitor, Division of

Occupational Safety and Health, U.S.

Department of Labor, even if the

Assistant Secretary is not a party.

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing relief

to the complainant. The order, which

will be subject to discretionary review

by the Secretary as provided in

Secretary’s Order 01–2020, will require,

where appropriate: Affirmative action to

abate the violation; reinstatement of the

complainant to his or her former

position with the same compensation,

terms, conditions, and privileges of the

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complainant’s employment; payment of

compensatory damages (back pay with

interest and compensation for any

special damages sustained as a result of

the retaliation, including any litigation

costs, expert witness fees, and

reasonable attorney fees the

complainant may have incurred); and

payment of punitive damages up to

$250,000. Interest on back pay will be

calculated using the interest rate

applicable to underpayment of taxes

under 26 U.S.C. 6621 and will be

compounded daily.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. Such order will be subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020.

*

*

*

*

*

■ 58. In § 1978.112, revise paragraph (a)

to read as follows:

§ 1978.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the person resided on

the date of the violation.

*

*

*

*

*

PART 1979—PROCEDURES FOR THE

HANDLING OF DISCRIMINATION

COMPLAINTS UNDER SECTION 519

OF THE WENDELL H. FORD AVIATION

INVESTMENT AND REFORM ACT FOR

THE 21ST CENTURY

■ 59. The authority citation for part

1979 continues to read as follows:

Authority: 49 U.S.C. 42121; Secretary’s

Order No. 01–2020.

■ 60. In § 1979.110, revise paragraphs

(a), (c), (d), and (e) to read as follows:

§ 1979.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the administrative law judge, or a

named person alleging that the

complaint was frivolous or brought in

bad faith who seeks an award of

attorney’s fees, must file a written

petition for review with the

Administrative Review Board (‘‘the

Board’’). The decision of the

Administrative Law Judge shall become

the final order of the Secretary unless,

pursuant to this section, a petition for

review is timely filed with the Board.

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The petition for review must

specifically identify the findings,

conclusions, or orders to which

exception is taken. Any exception not

specifically urged ordinarily shall be

deemed to have been waived by the

parties. To be effective, a petition must

be filed within ten business days of the

date of the decision of the

Administrative Law Judge. The date of

the postmark, facsimile transmittal, or

email communication will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

Board. Copies of the petition for review

and all briefs must be served on the

Assistant Secretary, Occupational Safety

and Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, Washington, DC 20210.

*

*

*

*

*

(c) The decision of the Board shall be

issued within 120 days of the

conclusion of the hearing, which shall

be deemed to be the conclusion of all

proceedings before the Administrative

Law Judge—i.e., 10 business days after

the date of the decision of the

Administrative Law Judge unless a

motion for reconsideration has been

filed with the Administrative Law Judge

in the interim. The decision will be

served upon all parties and the Chief

Administrative Law Judge by mail to the

last known address. The decision will

also be served on the Assistant

Secretary, Occupational Safety and

Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, Washington, DC 20210, even if

the Assistant Secretary is not a party.

(d) If the ARB concludes that the

party charged has violated the law, the

ARB shall order the party charged to

take appropriate affirmative action to

abate the violation, including, where

appropriate, reinstatement of the

complainant to that person’s former

position, together with the

compensation (including back pay),

terms, conditions, and privileges of that

employment, and compensatory

damages. At the request of the

complainant, the Board shall assess

against the named person all costs and

expenses (including attorney and expert

witness fees) reasonably incurred. The

ARB’s order is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

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(e) If the ARB concludes that the party

charged has not violated the law, the

ARB shall issue an order denying the

complaint. If, upon the request of the

named person, the Board determines

that a complaint was frivolous or was

brought in bad faith, the Board may

award to the named person reasonable

attorney fees, not exceeding $1,000. An

order under this section is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020.

■ 61. In § 1979.112, revise paragraph (a)

to read as follows:

§ 1979.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation. A

final order of the Secretary is not subject

to judicial review in any criminal or

other civil proceeding.

*

*

*

*

*

PART 1980—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER SECTION 806

OF THE SARBANES-OXLEY ACT OF

2002, AS AMENDED

■ 62. The authority citation for part

1980 is revised to read as follows:

Authority: 18 U.S.C. 1514A, as amended

by the Dodd-Frank Wall Street Reform and

Consumer Protection Act of 2010, Pub. L.

111–203 (July 21, 2010); Secretary’s Order

No. 01–2012 (Jan. 18, 2012), 77 FR 3912 (Jan.

25, 2012); Secretary’s Order No. 01–2020.

■ 63. In § 1980.110, revise paragraphs

(a), (c), (d), and (e) to read as follows:

§ 1980.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ, or a respondent alleging that

the complaint was frivolous or brought

in bad faith who seeks an award of

attorney fees, must file a written

petition for review with the ARB. The

parties should identify in their petitions

for review the legal conclusions or

orders to which they object, or the

objections may be deemed waived. A

petition must be filed within 14 days of

the date of the decision of the ALJ. The

date of the postmark, facsimile

transmittal, or electronic

communication transmittal will be

considered to be the date of filing; if the

PO 00000

Frm 00023

Fmt 4702

Sfmt 4702

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

must be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor.

*

*

*

*

*

(c) The decision of the ARB shall be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge by mail. The

decision will also be served on the

Assistant Secretary and on the Associate

Solicitor, Division of Fair Labor

Standards, even if the Assistant

Secretary is not a party.

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing all

relief necessary to make the

complainant whole, including

reinstatement with the same seniority

status that the complainant would have

had but for the retaliation; back pay

with interest; and compensation for any

special damages sustained as a result of

the retaliation, including litigation

costs, expert witness fees, and

reasonable attorney fees. Interest on

back pay will be calculated using the

interest rate applicable to underpayment

of taxes under 26 U.S.C. 6621 and will

be compounded daily. The order will

also require the respondent to submit

appropriate documentation to the Social

Security Administration allocating any

back pay award to the appropriate

calendar quarters. Such order is subject

to discretionary review by the Secretary

as provided in Secretary’s Order 01–

2020.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. If, upon the request of the

respondent, the ARB determines that a

complaint was frivolous or was brought

in bad faith, the ARB may award to the

respondent reasonable attorney fees, not

exceeding $1,000. An order under this

section is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

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■ 64. In § 1980.112, revise paragraph (a)

to read as follows:

§ 1980.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation.

*

*

*

*

*

PART 1981—PROCEDURES FOR THE

HANDLING OF DISCRIMINATION

COMPLAINTS UNDER SECTION 6 OF

THE PIPELINE SAFETY

IMPROVEMENT ACT OF 2002

■ 65. The authority citation for part

1981 continues to read as follows:

Authority: 49 U.S.C. 60129; Secretary’s

Order No. 01–2020.

■ 66. In § 1981.110, revise paragraphs

(a), (c), (d), and (e) as follows:

lotter on DSKBCFDHB2PROD with PROPOSALS

§ 1981.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the Administrative Law Judge, or a

named person alleging that the

complaint was frivolous or brought in

bad faith who seeks an award of

attorney’s fees, must file a written

petition for review with the

Administrative Review Board (‘‘the

Board’’). The decision of the

Administrative Law Judge will become

the final order of the Secretary unless,

pursuant to this section, a petition for

review is timely filed with the Board.

The petition for review must

specifically identify the findings,

conclusions, or orders to which

exception is taken. Any exception not

specifically urged ordinarily will be

deemed to have been waived by the

parties. To be effective, a petition must

be filed within 10 business days of the

date of the decision of the

Administrative Law Judge. The date of

the postmark, facsimile transmittal, or

email communication will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

Board. Copies of the petition for review

and all briefs must be served on the

Assistant Secretary, Occupational Safety

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and Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, Washington, DC 20210.

*

*

*

*

*

(c) The decision of the Board shall be

issued within 90 days of the conclusion

of the hearing, which will be deemed to

be the conclusion of all proceedings

before the Administrative Law Judge—

i.e., 10 business days after the date of

the decision of the Administrative Law

Judge unless a motion for

reconsideration has been filed with the

Administrative Law Judge in the

interim. The decision will be served

upon all parties and the Chief

Administrative Law Judge by mail to the

last known address. The decision will

also be served on the Assistant

Secretary, Occupational Safety and

Health Administration, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, Washington, DC 20210, even if

the Assistant Secretary is not a party.

(d) If the ARB concludes that the

party charged has violated the law, the

ARB shall order the party charged to

take appropriate affirmative action to

abate the violation, including, where

appropriate, reinstatement of the

complainant to that person’s former

position, together with the

compensation (including back pay),

terms, conditions, and privileges of that

employment, and compensatory

damages. At the request of the

complainant, the Board shall assess

against the named person all costs and

expenses (including attorney and expert

witness fees) reasonably incurred. Such

order is subject to discretionary review

by the Secretary as provided in

Secretary’s Order 01–2020.

(e) If the ARB concludes that the party

charged has not violated the law, the

ARB will issue an order denying the

complaint. If, upon the request of the

named person, the Board determines

that a complaint was frivolous or was

brought in bad faith, the Board may

award to the named person reasonable

attorney fees, not exceeding $1,000. An

order under this section is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020.

■ 67. In § 1981.112, revise paragraph (a)

to read as follows:

§ 1981.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

PO 00000

Frm 00024

Fmt 4702

Sfmt 4702

13099

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation. A

final order of the Secretary is not subject

to judicial review in any criminal or

other civil proceeding.

*

*

*

*

*

PART 1982—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER THE NATIONAL

TRANSIT SYSTEMS SECURITY ACT

AND THE FEDERAL RAILROAD

SAFETY ACT

■ 68. The authority citation for part

1982 is revised to read as follows:

Authority: 6 U.S.C. 1142 and 49 U.S.C.

20109; Secretary’s Order 01–2012 (Jan. 18,

2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s

Order No. 01–2020.

■ 69. In § 1982.110, revise paragraphs

(a), (c), (d), and (e) to read as follows:

§ 1982.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ, or a respondent alleging that

the complaint under NTSSA was

frivolous or brought in bad faith who

seeks an award of attorney fees, must

file a written petition for review with

the ARB. The parties should identify in

their petitions for review the legal

conclusions or orders to which they

object, or the objections may be deemed

waived. A petition must be filed within

14 days of the date of the decision of the

ALJ. The date of the postmark, facsimile

transmittal, or electronic

communication transmittal will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

must be served on the Assistant

Secretary, and on the Associate

Solicitor, Division of Fair Labor

Standards.

*

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is denied or

14 days after a new decision is issued.

The ARB’s decision will be served upon

all parties and the Chief Administrative

Law Judge by mail. The decision also

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will be served on the Assistant

Secretary, and on the Associate

Solicitor, Division of Fair Labor

Standards, U.S. Department of Labor,

even if the Assistant Secretary is not a

party.

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing relief

to the complainant. The order will

include, where appropriate, affirmative

action to abate the violation;

reinstatement with the same seniority

status that the employee would have

had but for the retaliation; any back pay

with interest; and payment of

compensatory damages, including

compensation for any special damages

sustained as a result of the retaliation,

including litigation costs, expert witness

fees, and reasonable attorney fees.

Interest on back pay will be calculated

using the interest rate applicable to

underpayment of taxes under 26 U.S.C.

6621 and will be compounded daily.

The order will also require the

respondent to submit documentation to

the Social Security Administration or

the Railroad Retirement Board, as

appropriate, allocating any back pay

award to the appropriate months or

calendar quarters. The order may also

require the respondent to pay punitive

damages up to $250,000. Such order is

subject to discretionary review by the

Secretary as provided in Secretary’s

Order 01–2020.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. If, upon the request of the

respondent, the ARB determines that a

complaint under NTSSA was frivolous

or was brought in bad faith, the ARB

may award to the respondent reasonable

attorney fees, not exceeding $1,000. An

order under this section is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020.

■ 70. In § 1982.112, revise paragraph (a)

to read as follows:

lotter on DSKBCFDHB2PROD with PROPOSALS

§ 1982.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation.

*

*

*

*

*

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PART 1983—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER SECTION 219

OF THE CONSUMER PRODUCT

SAFETY IMPROVEMENT ACT OF 2008

■ 71. The authority citation for part

1983 is revised to read as follows:

Authority: 15 U.S.C. 2087; Secretary’s

Order 1–2012 (Jan. 18, 2012), 77 FR 3912

(Jan. 25, 2012); Secretary’s Order 01–2020.

■ 72. In § 1983.110, revise paragraphs

(a), (c), (d), and (e) as follows:

§ 1983.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ, or a respondent alleging that

the complaint was frivolous or brought

in bad faith who seeks an award of

attorney’s fees, must file a written

petition for review with the ARB. The

parties should identify in their petitions

for review the legal conclusions or

orders to which they object, or the

objections may be deemed waived. A

petition must be filed within 14 days of

the date of the decision of the ALJ. The

date of the postmark, facsimile

transmittal, or electronic

communication transmittal will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

must be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor.

*

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge by mail. The

decision will also be served on the

Assistant Secretary and on the Associate

Solicitor, Division of Fair Labor

Standards, U.S. Department of Labor,

even if the Assistant Secretary is not a

party.

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing relief

to the complainant. The order will

require, where appropriate, affirmative

PO 00000

Frm 00025

Fmt 4702

Sfmt 4702

action to abate the violation;

reinstatement of the complainant to his

or her former position, together with the

compensation (including back pay and

interest), terms, conditions, and

privileges of the complainant’s

employment; and payment of

compensatory damages, including, at

the request of the complainant, the

aggregate amount of all costs and

expenses (including attorney and expert

witness fees) reasonably incurred.

Interest on back pay will be calculated

using the interest rate applicable to

underpayment of taxes under 26 U.S.C.

6621 and will be compounded daily.

Such order is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. If, upon the request of the

respondent, the ARB determines that a

complaint was frivolous or was brought

in bad faith, the ARB may award to the

respondent a reasonable attorney’s fee,

not exceeding $1,000. An order under

this section is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

■ 73. In § 1983.112, revise paragraph (a)

to read as follows:

§ 1983.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation.

*

*

*

*

*

PART 1984—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER SECTION 1558

OF THE AFFORDABLE CARE ACT

■ 74. The authority citation for part

1984 is revised to read as follows:

Authority: 29 U.S.C. 218C; Secretary’s

Order 1–2012 (Jan. 18, 2012), 77 FR 3912

(Jan. 25, 2012); Secretary’s Order No. 01–

2020.

■ 75. In § 1984.110, revise paragraphs

(a), (c), (d), and (e) as follows:

§ 1984.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ, or a respondent alleging that

the complaint was frivolous or brought

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in bad faith who seeks an award of

attorney fees, must file a written

petition for review with the

Administrative Review Board (ARB).

The parties should identify in their

petitions for review the legal

conclusions or orders to which they

object, or the objections may be deemed

waived. A petition must be filed within

14 days of the date of the decision of the

ALJ. The date of the postmark, facsimile

transmittal, or electronic

communication transmittal will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

must be served on the Assistant

Secretary, and on the Associate

Solicitor, Division of Fair Labor

Standards, U.S. Department of Labor.

*

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge by mail. The

decision will also be served on the

Assistant Secretary, and on the

Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor, even if the Assistant Secretary is

not a party.

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing relief

to the complainant. The order will

require, where appropriate, affirmative

action to abate the violation;

reinstatement of the complainant to the

complainant’s former position, together

with the compensation (including back

pay and interest), terms, conditions, and

privileges of the complainant’s

employment; and payment of

compensatory damages, including, at

the request of the complainant, the

aggregate amount of all costs and

expenses (including attorney and expert

witness fees) reasonably incurred.

Interest on back pay will be calculated

using the interest rate applicable to

underpayment of taxes under 26 U.S.C.

6621 and will be compounded daily.

The order will also require the

respondent to submit appropriate

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18:04 Mar 05, 2020

Jkt 250001

documentation to the Social Security

Administration allocating any back pay

award to the appropriate period. Such

order is subject to discretionary review

by the Secretary as provided in

Secretary’s Order 01–2020.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. If, upon the request of the

respondent, the ARB determines that a

complaint was frivolous or was brought

in bad faith, the ARB may award to the

respondent reasonable attorney fees, not

exceeding $1,000. An order under this

section is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

■ 76. In § 1984.112, revise paragraph (a)

to read as follows:

§ 1984.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation.

*

*

*

*

*

PART 1985—PROCEDURES FOR

HANDLING RETALIATION

COMPLAINTS UNDER THE EMPLOYEE

PROTECTION PROVISION OF THE

CONSUMER FINANCIAL PROTECTION

ACT OF 2010

■ 77. The authority citation for part

1985 is revised to read as follows:

Authority: 12 U.S.C. 5567; Secretary’s

Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912

(Jan. 25, 2012); Secretary’s Order No. 01–

2020.

■ 78. In § 1985.110, revise paragraphs

(a), (c), (d), and (e) to read as follows:

§ 1985.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ, or a respondent alleging that

the complaint was frivolous or brought

in bad faith who seeks an award of

attorney fees, must file a written

petition for review with the ARB. The

parties should identify in their petitions

for review the legal conclusions or

orders to which they object, or the

objections may be deemed waived. A

petition must be filed within 14 days of

the date of the decision of the ALJ. The

date of the postmark, facsimile

transmittal, or electronic

PO 00000

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13101

communication transmittal will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

must be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor.

*

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the decision

of the ALJ, unless a motion for

reconsideration has been filed with the

ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge by mail. The

decision will also be served on the

Assistant Secretary and on the Associate

Solicitor, Division of Fair Labor

Standards, U.S. Department of Labor,

even if the Assistant Secretary is not a

party.

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing relief

to the complainant. The order will

require, where appropriate, affirmative

action to abate the violation;

reinstatement of the complainant to his

or her former position, together with the

compensation (including back pay and

interest), terms, conditions, and

privileges of the complainant’s

employment; and payment of

compensatory damages, including, at

the request of the complainant, the

aggregate amount of all costs and

expenses (including attorney and expert

witness fees) reasonably incurred.

Interest on back pay will be calculated

using the interest rate applicable to

underpayment of taxes under 26 U.S.C.

6621 and will be compounded daily.

The order will also require the

respondent to submit appropriate

documentation to the Social Security

Administration allocating any back pay

award to the appropriate calendar

quarters. Such order is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. If, upon the request of the

respondent, the ARB determines that a

complaint was frivolous or was brought

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in bad faith, the ARB may award to the

respondent reasonable attorney fees, not

exceeding $1,000. An order under this

section is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

■ 79. In § 1985.112, revise paragraph (a)

to read as follows:

§ 1985.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation.

*

*

*

*

*

PART 1986—PROCEDURES FOR THE

HANDLING OF RETALIATION

COMPLAINTS UNDER THE EMPLOYEE

PROTECTION PROVISION OF THE

SEAMAN’S PROTECTION ACT (SPA),

AS AMENDED

■ 80. The authority citation for part

1986 is revised to read as follows:

Authority: 46 U.S.C. 2114; 49 U.S.C.

31105; Secretary’s Order 1–2012 (Jan. 18,

2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s

Order No. 01–2020.

■ 81. In § 1986.110, revise paragraphs

(a), (c), (d), and (e) to read as follows:

lotter on DSKBCFDHB2PROD with PROPOSALS

§ 1986.110 Decisions and orders of the

Administrative Review Board.

(a) The Assistant Secretary or any

other party desiring to seek review,

including judicial review, of a decision

of the ALJ must file a written petition

for review with the ARB. The parties

should identify in their petitions for

review the legal conclusions or orders to

which they object, or the objections may

be deemed waived. A petition must be

filed within 14 days of the date of the

decision of the ALJ. The date of the

postmark, facsimile transmittal, or

electronic communication transmittal

will be considered to be the date of

filing; if the petition is filed in person,

by hand delivery or other means, the

petition is considered filed upon

receipt. The petition must be served on

all parties and on the Chief

Administrative Law Judge at the time it

is filed with the ARB. Copies of the

petition for review and all briefs must

be served on the Assistant Secretary

and, in cases in which the Assistant

Secretary is a party, on the Associate

Solicitor, Division of Occupational

VerDate Sep<11>2014

18:04 Mar 05, 2020

Jkt 250001

Safety and Health, U.S. Department of

Labor.

*

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge by mail. The

decision also will be served on the

Assistant Secretary and on the Associate

Solicitor, Division of Occupational

Safety and Health, U.S. Department of

Labor, even if the Assistant Secretary is

not a party.

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing relief

to the complainant. The order will

require, where appropriate, affirmative

action to abate the violation;

reinstatement of the complainant to his

or her former position, with the same

compensation, terms, conditions, and

privileges of the complainant’s

employment; payment of compensatory

damages (back pay with interest and

compensation for any special damages

sustained as a result of the retaliation,

including any litigation costs, expert

witness fees, and reasonable attorney

fees the complainant may have

incurred); and payment of punitive

damages up to $250,000. Interest on

back pay will be calculated using the

interest rate applicable to underpayment

of taxes under 26 U.S.C. 6621 and will

be compounded daily. Such order is

subject to discretionary review by the

Secretary as provided in Secretary’s

Order 01–2020.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. Such order is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020.

■ 82. In § 1986.112, revise paragraph (a)

to read as follows:

§ 1986.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the court of appeals of the

United States for the circuit in which

the violation allegedly occurred or the

PO 00000

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Fmt 4702

Sfmt 4702

circuit in which the complainant

resided on the date of the violation.

*

*

*

*

*

PART 1987—PROCEDURES FOR

HANDLING RETALIATION

COMPLAINTS UNDER SECTION 402

OF THE FDA FOOD SAFETY

MODERNIZATION ACT

■ 83. The authority citation for part

1987 is revised to read as follows:

Authority: 21 U.S.C. 399d; Secretary’s

Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912

(Jan. 25, 2012); Secretary’s Order No. 01–

2020.

■ 84. In § 1987.110, revise paragraphs

(a), (c), (d), and (e) to read as follows:

§ 1987.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ, or a respondent alleging that

the complaint was frivolous or brought

in bad faith who seeks an award of

attorney fees, must file a written

petition for review with the ARB. The

parties should identify in their petitions

for review the legal conclusions or

orders to which they object, or the

objections may be deemed waived. A

petition must be filed within 14 days of

the date of the decision of the ALJ. The

date of the postmark, facsimile

transmittal, or electronic

communication transmittal will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

must be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor.

*

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the date of

the decision of the ALJ, unless a motion

for reconsideration has been filed with

the ALJ in the interim. In such case the

conclusion of the hearing is the date the

motion for reconsideration is denied or

14 days after a new decision is issued.

The ARB’s decision will be served upon

all parties and the Chief Administrative

Law Judge by mail. The decision will

also be served on the Assistant Secretary

and on the Associate Solicitor, Division

of Fair Labor Standards, U.S.

Department of Labor, even if the

Assistant Secretary is not a party.

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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Proposed Rules

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing relief

to the complainant. The order will

require, where appropriate, affirmative

action to abate the violation;

reinstatement of the complainant to his

or her former position, together with the

compensation (including back pay and

interest), terms, conditions, and

privileges of the complainant’s

employment; and payment of

compensatory damages, including, at

the request of the complainant, the

aggregate amount of all costs and

expenses (including attorney and expert

witness fees) reasonably incurred.

Interest on back pay will be calculated

using the interest rate applicable to

underpayment of taxes under 26 U.S.C.

6621 and will be compounded daily.

The order will also require the

respondent to submit appropriate

documentation to the Social Security

Administration allocating any back pay

award to the appropriate calendar

quarters. Such order is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. If, upon the request of the

respondent, the ARB determines that a

complaint was frivolous or was brought

in bad faith, the ARB may award to the

respondent reasonable attorney fees, not

exceeding $1,000. An order under this

section is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

■ 85. In § 1987.112, revise paragraph (a)

to read as follows:

§ 1987.112

Judicial review.

lotter on DSKBCFDHB2PROD with PROPOSALS

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation.

*

*

*

*

*

PART 1988—PROCEDURES FOR

HANDLING RETALIATION

COMPLAINTS UNDER SECTION 31307

OF THE MOVING AHEAD FOR

PROGRESS IN THE 21ST CENTURY

ACT (MAP–21)

■ 86. The authority citation for part

1988 is revised to read as follows:

VerDate Sep<11>2014

18:04 Mar 05, 2020

Jkt 250001

Authority: 49 U.S.C. 30171; Secretary’s

Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912

(Jan. 25, 2012); Secretary’s Order No. 01–

2020.

■ 87. In § 1988.110, revise paragraphs

(a), (c), (d), and (e) to read as follows:

§ 1988.110 Decision and orders of the

Administrative Review Board.

(a) Any party desiring to seek review,

including judicial review, of a decision

of the ALJ, or a respondent alleging that

the complaint was frivolous or brought

in bad faith who seeks an award of

attorney fees, must file a written

petition for review with the ARB. The

parties should identify in their petitions

for review the legal conclusions or

orders to which they object, or the

objections may be deemed waived. A

petition must be filed within 14 days of

the date of the decision of the ALJ. The

date of the postmark, facsimile

transmittal, or electronic

communication transmittal will be

considered to be the date of filing; if the

petition is filed in person, by hand

delivery or other means, the petition is

considered filed upon receipt. The

petition must be served on all parties

and on the Chief Administrative Law

Judge at the time it is filed with the

ARB. Copies of the petition for review

must be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor.

*

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the decision

of the ALJ, unless a motion for

reconsideration has been filed with the

ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge by mail. The

decision will also be served on the

Assistant Secretary and on the Associate

Solicitor, Division of Fair Labor

Standards, U.S. Department of Labor,

even if the Assistant Secretary is not a

party.

(d) If the ARB concludes that the

respondent has violated the law, the

ARB will issue an order providing relief

to the complainant. The order will

require, where appropriate, affirmative

action to abate the violation;

reinstatement of the complainant to his

or her former position, together with the

compensation (including back pay and

interest), terms, conditions, and

privileges of the complainant’s

employment; and payment of

PO 00000

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Sfmt 4702

13103

compensatory damages, including, at

the request of the complainant, the

aggregate amount of all costs and

expenses (including attorney and expert

witness fees) reasonably incurred.

Interest on back pay will be calculated

using the interest rate applicable to

underpayment of taxes under 26 U.S.C.

6621 and will be compounded daily.

The order will also require the

respondent to submit appropriate

documentation to the Social Security

Administration allocating any back pay

award to the appropriate calendar

quarters. Such order is subject to

discretionary review by the Secretary as

provided in Secretary’s Order 01–2020.

(e) If the ARB concludes that the

respondent has not violated the law, the

ARB will issue an order denying the

complaint. If, upon the request of the

respondent, the ARB determines that a

complaint was frivolous or was brought

in bad faith, the ARB may award to the

respondent reasonable attorney fees, not

exceeding $1,000. An order under this

section is subject to discretionary

review by the Secretary as provided in

Secretary’s Order 01–2020.

■ 88. In § 1988.112, revise paragraph (a)

to read as follows:

§ 1988.112

Judicial review.

(a) Within 60 days after the issuance

of a final order (including a decision

issued by the Secretary upon his or her

discretionary review) for which judicial

review is available, any person

adversely affected or aggrieved by the

order may file a petition for review of

the order in the United States Court of

Appeals for the circuit in which the

violation allegedly occurred or the

circuit in which the complainant

resided on the date of the violation.

*

*

*

*

*

Title 41: Public Contracts and Property

Management

Office of Federal Contract Compliance

Programs

PART 50–203—RULES OF PRACTICE

■ 89. The authority citation for part 50–

203 continues to read as follows:

Authority: Sec. 4, 49 Stat. 2038; 41 U.S.C.

38, unless otherwise noted.

■ 90. In § 50–203.21, revise paragraph

(d) to read as follows:

§ 50–203.21

Decisions.

*

*

*

*

*

(d) Thereafter, the Administrative

Review Board may issue a decision

ruling upon each exception filed and

including any appropriate wage

determination. Any such decision shall

be published in the Federal Register

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after it becomes the final action of the

Department.

PART 60–30—RULES OF PRACTICE

FOR ADMINISTRATIVE PROCEEDINGS

TO ENFORCE EQUAL OPPORTUNITY

UNDER EXECUTIVE ORDER 11246

■ 91. The authority citation for part 60–

30 continues to read as follows:

Authority: Executive Order 11246, as

amended, 30 FR 12319, 32 FR 14303, as

amended by E.O. 12086; 29 U.S.C. 793, as

amended, and 38 U.S.C. 4212, as amended.

■ 92. Revise § 60–30.29 to read as

Administrative Order.

After expiration of the time for filing,

the Administrative Review Board,

United States Department of Labor, shall

make a decision which shall be served

on all parties. If the Administrative

Review Board, United States

Department of Labor, concludes that the

defendant has violated the Executive

Order, the equal opportunity clause, or

the regulations, an Administrative Order

shall be issued enjoining the violations,

and requiring the contractor to provide

whatever remedies are appropriate, and

imposing whatever sanctions are

appropriate, or any of the above. In any

event, failure to comply with the

Administrative Order shall result in the

immediate cancellation, termination,

and suspension of the respondent’s

contracts and/or debarment of the

respondent from further contracts.

■ 94. Revise § 60–30.37 to read as

follows:

lotter on DSKBCFDHB2PROD with PROPOSALS

§ 60–30.37

Final Administrative Order.

After expiration of the time for filing

exceptions, the Administrative Review

Board, United States Department of

Labor, shall issue an Administrative

Order which shall be served on all

parties. Unless the Administrative

Review Board, United States

Department of Labor, issues an

Administrative Order within 30 days

VerDate Sep<11>2014

18:04 Mar 05, 2020

BILLING CODE 4510–HL–P

22 CFR Part 171

Record.

After expiration of the time for filing

briefs and exceptions, the

Administrative Review Board, United

States Department of Labor, shall make

a decision, which shall be the

Administrative order, on the basis of the

record. The record shall consist of the

record for recommended decision, the

rulings and recommended decision of

the Administrative Law Judge and the

exceptions and briefs filed subsequent

to the Administrative Law Judge’s

decision.

■ 93. Revise § 60–30.30 to read as

follows:

§ 60–30.30

[FR Doc. 2020–04018 Filed 3–5–20; 8:45 am]

DEPARTMENT OF STATE

follows:

§ 60–30.29

after the expiration of the time for filing

exceptions, the Administrative Law

Judge’s recommended decision shall

become a final Administrative Order

which shall become effective on the 31st

day after expiration of the time for filing

exceptions. Except as to specific time

periods required in this subsection, 41

CFR 60–30.30 shall be applicable to this

section.

Jkt 250001

[Public Notice 10955]

RIN 1400–AE00

Public Access to Information

AGENCY: Department of State.

ACTION: Proposed rule.

SUMMARY: The Department of State (the

Department) proposes to revise its

regulations of May 6, 2016, governing

the availability to the public of

information that is under the control of

the Department. There have been

changes in the law governing disclosure

of such information, including the

Freedom of Information Act

Improvement Act of 2016. This

proposed rule reflects changes in the

FOIA and consequent changes in the

Department’s procedures since the last

revision of the Department’s regulations

on public access to information.

DATES: The Department of State will

accept comments on this proposed rule

until May 5, 2020.

ADDRESSES: You may submit comments

by any of the following methods, and

you must include the Regulatory

Information Number (RIN) in the subject

line of your message.

• Mail (paper, disk, or CD–ROM

submissions): Director, Office of

Information Programs and Services,

Room B–266, U.S. Department of State,

2201 C Street NW, Washington, DC

20520.

• Fax: (202) 485–1669.

• Persons with access to the internet

may view this rule and submit

comments by going to

www.regulations.gov and searching for

docket number DOS–2019–0042.

Inspection of public comments: All

comments received before the close of

the comment period will be available for

public inspection, including any

personally identifiable or confidential

business or financial information that is

included in a comment. The Department

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Fmt 4702

Sfmt 4702

of State will post all comments received

before the close of the comment period

at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Alice Kottmyer, Attorney-Adviser,

Office of the Legal Adviser,

kottmyeram@state.gov, 202–647–2318.

SUPPLEMENTARY INFORMATION: This

proposed rule implements the Freedom

of Information Act (FOIA) Improvement

Act of 2016, Public Law 114–185, and

updates the Department’s FOIA

regulations at 22 CFR part 171. The

following is a summary of the

substantive changes.

The proposed rule, in § 171.4,

provides updated procedures and

addresses for submitting FOIA requests

to the Department, including procedures

for requesting information about the

requester and requests for visa

information.

Subpart B of the proposed rule

(§ 171.10 through § 171.17) contains the

rules governing the processing of a

FOIA request. Proposed § 171.11 covers

the Department’s initial processing of a

request; it clarifies the information that

is to be provided as part of a request, the

Department’s process for responding to

requests, and consultation and referral

with respect to requests. Proposed

§ 171.12 covers the timing of responses

to a request, including multi-track

processing, expedited processing, and

‘‘unusual circumstances’’ (as defined in

the FOIA) that might affect the

Department’s ability to respond.

Proposed § 171.13 covers responses to

requests, including the procedures upon

denial of a request. The proposed

updates add a provision for consultation

with the Department of Justice’s Office

of Information Policy with respect to

invocation of a FOIA exclusion.

Proposed § 171.14 modifies the

Department’s process with respect to

reviews of business information,

including procedures for the business

owner of the information to object to the

release of the information.

Proposed § 171.15 revises the timeline

for submission of appeals to 90 days and

provides for information to be given to

requesters about dispute resolution

services at various stages of the

processing of a request, in accordance

with the FOIA Improvement Act of

2016. Proposed § 171.16 provides

updates on the fees to be charged for

FOIA requests, including how fees are

calculated. This proposed section

provides an updated explanation of the

term, ‘‘representative of the news

media.’’

Subpart C contains the rule’s Privacy

Act provisions. There are minor changes

throughout this subpart.

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