Discretionary Review by the Secretary

CourtEmployment And Training Administration,Federal Contract Compliance Programs Office,Labor-management Standards Office,Occupational Health And Safety Administration,The Secretary Of Labor Office,Wage And Hour Division
Citation85 FR 13086
Publication Date06 March 2020
Record Number2020-04018
Federal Register, Volume 85 Issue 45 (Friday, March 6, 2020)
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
                [Proposed Rules]
                [Pages 13086-13104]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-04018]
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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.
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                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
                [[Page 13087]]
                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
                [email protected]. 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 [email protected].
                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).
                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 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 well-known 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 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
                [[Page 13088]]
                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 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 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 Non-Agricultural
                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.
                [[Page 13089]]
                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.
                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 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.
                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
                [email protected].
                 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
                [[Page 13090]]
                requirements, Resolution of findings, Workforce Investment Act.
                20 CFR Part 683
                 Adjudication and judicial review, Administrative practice and
                procedure, Funding and closeout, Grievance procedures, complaints, and
                State appeal processes; Oversight and resolution of findings, Pay-for-
                performance 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.
                29 CFR Part 8
                 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.
                29 CFR Part 24
                 Administrative practice and procedure, Review of other proceedings
                and related matters, Review of wage determinations.
                29 CFR Part 29
                 Administrative practice and procedure, Apprenticeship programs,
                Labor standards, State apprenticeship agencies.
                29 CFR Part 38
                 Administrative practice and procedure, Compliance procedures,
                Obligations of recipients and governors, Workforce Innovation and
                Opportunity Act.
                29 CFR Part 96
                 Administrative practice and procedure, Audit requirements, Grants,
                contracts, and other agreements.
                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 1978
                 Administrative practice and procedure; Employee protection;
                Findings, Investigations, Litigation, Retaliation complaints, Surface
                Transportation Assistance Act of 1982.
                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.
                29 CFR Part 1980
                 Administrative practice and procedure, Employee protection,
                Findings, Investigations, Litigation, Retaliation complaints, Sarbanes-
                Oxley Act of 2002.
                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, 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
                 Administrative practice and procedure, Employee protection, FDA
                Food Safety Modernization Act, Findings, Investigations, Litigation,
                Retaliation complaints.
                29 CFR Part 1988
                 Administrative practice and procedure, Employee protection,
                Findings, Investigations, Litigation, Moving Ahead for Progress in the
                21st Century Act, Retaliation complaints.
                41 CFR Part 50-203
                 Administrative practice and procedure, Government procurement,
                Minimum wages, Occupational safety and health.
                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:
                [[Page 13091]]
                Title 20: Employees' Benefits
                Employment and Training Administration
                PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE
                EMPLOYMENT PROGRAM
                0
                 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).
                0
                 2. In Sec. 641.900, revise paragraph (e) to read as follows:
                Sec. 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.
                * * * * *
                0
                 3. In Sec. 641.920, revise paragraph (d)(5) to read as follows:
                Sec. 641.920 What actions of the Department may a grantee appeal and
                what procedures apply to those appeals?
                * * * * *
                 (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 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
                0
                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).
                0
                 5. In Sec. 655.171, revise paragraphs (a) and (b)(2) to read as
                follows:
                Sec. 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 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.
                0
                 6. In Sec. 655.181, revise paragraph (b)(3) to read as follows:
                Sec. 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 Sec. 655.171.
                * * * * *
                0
                7. In Sec. 655.182, revise paragraph (f)(6) to read as follows:
                Sec. 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.
                * * * * *
                0
                8. In Sec. 655.183, revise paragraph (c) to read as follows:
                Sec. 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
                [[Page 13092]]
                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 Sec. 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.
                0
                 9. In Sec. 655.461, revise paragraph (e) to read as follows:
                Sec. 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.
                * * * * *
                0
                 10. In Sec. 655.472, revise paragraph (b)(3) to read as follows:
                Sec. 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 Sec. 655.461.
                * * * * *
                0
                 11. In Sec. 655.473, revise paragraph (f)(6) to read as follows:
                Sec. 655.473 Debarment.
                * * * * *
                 (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.
                0
                 12. In Sec. 655.845, revise paragraphs (h) and (i) to read as
                follows:
                Sec. 655.845 What rules apply to appeal of the decision of the
                administrative law judge?
                * * * * *
                 (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 Sec. 655.850.
                PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF
                ALIENS IN THE UNITED STATES
                0
                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.
                0
                14. In Sec. 656.27, revise paragraph (c) to read as follows:
                Sec. 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 Sec. 656.24,
                a revocation of a certification under Sec. 656.32, or an affirmation
                of a prevailing wage determination under Sec. 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
                0
                 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.
                0
                16. In Sec. 658.711, revise paragraph (b) to read as follows:
                Sec. 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
                0
                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.
                0
                18. In Sec. 667.830, revise paragraph (b) to read as follows:
                Sec. 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
                0
                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).
                [[Page 13093]]
                0
                20. In Sec. 683.830, revise paragraph (b) to read as follows:
                Sec. 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
                0
                21. The authority citation for part 702 continues to read as follows:
                 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.
                0
                 22. In Sec. 702.433, revise paragraphs (e) and (f) to read as
                follows:
                Sec. 702.433 Requests for hearing.
                * * * * *
                 (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 administrative law judge, the Administrative Review Board will
                issue a decision.
                0
                23. Revise Sec. 702.434 to read as follows:
                Sec. 702.434 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.
                Title 29: Labor
                Office of the Secretary of Labor
                PART 2--GENERAL REGULATIONS
                0
                 24. The authority citation for part 2 continues to read as:
                 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.
                0
                25. Revise Sec. 2.8 to read as follows:
                Sec. 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.
                PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD
                TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
                0
                26. The authority citation for part 7 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.
                0
                 27. In Sec. 7.1, revise paragraph (d) to read as follows:
                Sec. 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
                0
                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.
                0
                29. In Sec. 8.1, revise paragraph (c) to read as follows:
                Sec. 8.1 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
                0
                 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.
                0
                31. Revise Sec. 10.57 to read as follows:
                [[Page 13094]]
                Sec. 10.57 Administrative Review Board proceedings.
                 (a) Authority--(1) General. The Administrative Review Board has
                jurisdiction to hear and decide in its discretion appeals concerning
                questions of law and fact from investigative findings letters of the
                Administrator issued under Sec. 10.51(c)(1) or (2), Administrator's
                rulings issued under Sec. 10.58, and decisions of Administrative Law
                Judges issued under Sec. 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.
                PART 13--ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS
                0
                 32. The authority citation for part 13 continues to read as follow:
                 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.
                0
                 33. Revise Sec. 13.57 to read as follows:
                Sec. 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 of law and fact from investigative findings letters of the
                Administrator issued under Sec. 13.51(c)(1) or the final sentence of
                Sec. 13.51(c)(2)(ii), Administrator's rulings issued under Sec.
                13.58, and decisions of Administrative Law Judges issued under Sec.
                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 Sec.
                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 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE
                HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
                0
                 34. The authority citation for part 18 continues to read as follows:
                 Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note;
                E.O. 12778; 57 FR 7292.
                0
                35. Revise Sec. 18.95 to read as follows:
                Sec. 18.95 Review of decision and review by the Secretary.
                 (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, 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
                [[Page 13095]]
                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
                0
                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.
                0
                 37. In Sec. 24.110, revise paragraphs (a), (c), and (d) to read as
                follows:
                Sec. 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 Assistant Secretary, Occupational Safety and Health Administration,
                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 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.
                * * * * *
                0
                38. Revise Sec. 24.112 to read as follows:
                Sec. 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 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 Sec. 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 Sec. 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
                0
                 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).
                [[Page 13096]]
                0
                 40. In Sec. 29.10, revise paragraph (c) to read as follows:
                Sec. 29.10 Hearings for deregistration.
                * * * * *
                 (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.
                0
                41. In Sec. 29.13, revise paragraph (g)(4) to read as follows:
                Sec. 29.13 Recognition of State Apprenticeship Agencies.
                * * * * *
                 (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.
                * * * * *
                0
                 42. In Sec. 29.14, revise paragraph (c)(3) to read as follows:
                Sec. 29.14 Derecognition of State Apprenticeship Agencies.
                * * * * *
                 (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 Sec. 29.13(g) and submit
                proposed findings and a recommended decision to the 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.
                * * * * *
                PART 38--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL
                OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY
                ACT
                0
                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.
                0
                44. In Sec. 38.112, revise paragraph (b)(1)(viii) and remove paragraph
                (b)(3). The revision reads as follows:
                Sec. 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.
                * * * * *
                0
                 45. In Sec. 38.113, revise paragraph (c) to read as follows:
                Sec. 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
                Sec. 38.112(b); and
                * * * * *
                0
                 46. In Sec. 38.115, revise paragraph (c)(5) to read as follows:
                Sec. 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.
                PART 96--AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER
                AGREEMENTS
                0
                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.
                0
                48. In Sec. 96.63, revise paragraph (b)(5) to read as follows:
                Sec. 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
                0
                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
                0
                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.
                0
                51. In Sec. 471.13, revise paragraph (b)(4) to read as follows:
                Sec. 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
                [[Page 13097]]
                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 Sec. 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
                0
                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 Sec. 701.
                0
                53. Revise Sec. 501.45 to read as follows:
                Sec. 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
                0
                 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.
                0
                55. Revise Sec. 580.16 to read as follows:
                Sec. 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.
                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
                0
                 56. The authority citation for part 1978 is revised to read as
                follows:
                 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.
                0
                 57. In Sec. 1978.110, revise paragraphs (a), (c), (d), and (e) to
                read as follows:
                Sec. 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 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.
                * * * * *
                0
                 58. In Sec. 1978.112, revise paragraph (a) to read as follows:
                Sec. 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
                0
                59. The authority citation for part 1979 continues to read as follows:
                 Authority: 49 U.S.C. 42121; Secretary's Order No. 01-2020.
                0
                 60. In Sec. 1979.110, revise paragraphs (a), (c), (d), and (e) to
                read as follows:
                Sec. 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.
                [[Page 13098]]
                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.
                 (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.
                0
                61. In Sec. 1979.112, revise paragraph (a) to read as follows:
                Sec. 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
                0
                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.
                0
                63. In Sec. 1980.110, revise paragraphs (a), (c), (d), and (e) to read
                as follows:
                Sec. 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 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.
                [[Page 13099]]
                0
                64. In Sec. 1980.112, revise paragraph (a) to read as follows:
                Sec. 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
                0
                65. The authority citation for part 1981 continues to read as follows:
                 Authority: 49 U.S.C. 60129; Secretary's Order No. 01-2020.
                0
                66. In Sec. 1981.110, revise paragraphs (a), (c), (d), and (e) as
                follows:
                Sec. 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 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.
                0
                67. In Sec. 1981.112, revise paragraph (a) to read as follows:
                Sec. 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 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
                0
                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.
                0
                69. In Sec. 1982.110, revise paragraphs (a), (c), (d), and (e) to read
                as follows:
                Sec. 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
                [[Page 13100]]
                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.
                0
                 70. In Sec. 1982.112, revise paragraph (a) to read as follows:
                Sec. 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.
                * * * * *
                PART 1983--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
                UNDER SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF
                2008
                0
                 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.
                0
                72. In Sec. 1983.110, revise paragraphs (a), (c), (d), and (e) as
                follows:
                Sec. 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 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.
                0
                73. In Sec. 1983.112, revise paragraph (a) to read as follows:
                Sec. 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
                0
                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.
                0
                75. In Sec. 1984.110, revise paragraphs (a), (c), (d), and (e) as
                follows:
                Sec. 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
                [[Page 13101]]
                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 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.
                0
                 76. In Sec. 1984.112, revise paragraph (a) to read as follows:
                Sec. 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
                0
                 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.
                0
                 78. In Sec. 1985.110, revise paragraphs (a), (c), (d), and (e) to
                read as follows:
                Sec. 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
                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
                [[Page 13102]]
                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.
                0
                 79. In Sec. 1985.112, revise paragraph (a) to read as follows:
                Sec. 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
                0
                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.
                0
                81. In Sec. 1986.110, revise paragraphs (a), (c), (d), and (e) to read
                as follows:
                Sec. 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 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.
                0
                 82. In Sec. 1986.112, revise paragraph (a) to read as follows:
                Sec. 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 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
                0
                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.
                0
                 84. In Sec. 1987.110, revise paragraphs (a), (c), (d), and (e) to
                read as follows:
                Sec. 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.
                [[Page 13103]]
                 (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.
                0
                 85. In Sec. 1987.112, revise paragraph (a) to read as follows:
                Sec. 1987.112 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 1988--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER
                SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY
                ACT (MAP-21)
                0
                86. The authority citation for part 1988 is revised to read as follows:
                 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.
                0
                87. In Sec. 1988.110, revise paragraphs (a), (c), (d), and (e) to read
                as follows:
                Sec. 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 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.
                0
                88. In Sec. 1988.112, revise paragraph (a) to read as follows:
                Sec. 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
                0
                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.
                0
                90. In Sec. 50-203.21, revise paragraph (d) to read as follows:
                Sec. 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
                [[Page 13104]]
                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
                0
                 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.
                0
                 92. Revise Sec. 60-30.29 to read as follows:
                Sec. 60-30.29 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.
                0
                93. Revise Sec. 60-30.30 to read as follows:
                Sec. 60-30.30 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.
                0
                 94. Revise Sec. 60-30.37 to read as follows:
                Sec. 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 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.
                [FR Doc. 2020-04018 Filed 3-5-20; 8:45 am]
                BILLING CODE 4510-HL-P
                

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