83 FR 35680 - Procedures for Appointment of Individuals to Department of Labor Advisory Committees

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 83, Issue 145 (July 27, 2018)

[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Page 35680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16124]


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DEPARTMENT OF LABOR

Office of the Secretary


Procedures for Appointment of Individuals to Department of Labor 
Advisory Committees

Subject: Secretary's Order 04--2018

    1. Purpose. To provide for transparent and consistent processes by 
which the Secretary of Labor and/or the designee of the Secretary of 
Labor shall select and appoint individuals to advisory committees \1\ 
within the Department of Labor.
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    \1\ ``Committee'' refers to any Federal Advisory Committee Act 
(FACA) advisory committee, committee, board, task force, or working 
group to which the Secretary of Labor or the designee of the 
Secretary appoints individuals. This Order does not apply to 
internal committees, boards, task forces, or working groups, or to 
purely interagency committees, boards, task forces, or working 
groups.
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    2. Authorities and Directives Affected.
    A. Authorities. This Order is issued pursuant to the following 
authorities:
    i. 29 U.S.C. 551 et seq.;
    ii. 5 U.S.C. 301-02;
    iii. 5 U.S.C. app. 2, 1-15.
    B. Directives Affected. This Order does not affect the authorities 
and responsibilities assigned by any other Secretary's Order.
    3. Background. The Secretary and/or Secretary's designee has the 
authority and responsibility to appoint members of advisory committees 
that provide information, expertise, and recommendations to DOL 
agencies. These appointments should be made through a transparent and 
consistent process. Accordingly, this Order establishes procedures by 
which these appointments shall be made.
    4. Responsibilities.
    A. The Assistant Secretary for Administration and Management, in 
consultation with the Deputy Secretary, is assigned responsibility for 
issuing written guidance, as necessary, to implement this Order.
    B. The Solicitor of Labor is responsible for providing legal advice 
to DOL on all matters arising in the implementation and administration 
of this Order.
    5. Procedure. The following procedures shall apply to the selection 
and appointment of individuals to Department advisory committees for 
which the Secretary or the Secretary's designee is responsible:
    A. A notice of vacancy and solicitation of applications shall be 
posted in the Federal Register and on the relevant committee or agency 
website. The vacancy shall be held open for a minimum of thirty days, 
during which applications shall be accepted. The notice shall specify: 
The name of the committee; the minimum requirements for committee 
membership, including specialized knowledge, experience, or other 
relevant criteria as mandated by the relevant statute, committee 
charter, or as determined by the agency administering the committee; 
the duration, if any, of the appointment; the minimum criteria for 
appointment; the documentation an applicant must submit for 
consideration; the deadline by which such documentation must be 
submitted; and the email address and/or physical address where 
documentation may be submitted.
    B. Each application shall be directed to the relevant agency to be 
screened to determine whether the applicant has timely submitted all 
required documentation and meets the minimal qualifications for the 
position, including vetting the minimally qualified candidates for 
potential ethics concerns such as conflicts of interest in consultation 
with ethics counsel.
    C. Qualified applications shall be reviewed by a panel established 
within the relevant agency. The members of each panel shall be selected 
by the head of the agency, and shall consist of six employees who 
understand advisory committees and their functions. The Department's 
Director, Human Resources Center, or her designee, shall be present for 
each meeting of the panel. The panel shall select candidates it 
considers best meet the criteria for a specific committee. The 
committee shall send its proposed selections to the head of the agency, 
who shall review and provide the agency's recommendations to the 
Secretary and Deputy Secretary.
    D. For an advisory committee that requires the Secretary himself 
make appointments, the Secretary shall make each final decision and 
appointment, or may instead order another candidate search be 
completed.
    E. For an advisory committee that permits a Secretary's designee to 
make appointments, the Secretary, at his discretion, may review the 
recommendations himself pursuant to Paragraph 5.D of this order; or he 
may permit his designee to make the final decisions and appointments, 
or instead order another candidate search be completed, consistent with 
requirements of the applicable statute.
    6. Privacy. This Order is subject to the applicable laws, 
regulations, and procedures concerning the privacy of applicants to 
federal government advisory committees.
    7. Exceptions; Administrative Matters. The requirements of this 
Order are intended to be general in nature, and accordingly shall be 
construed and implemented consistent with more specific requirements of 
any statute, Executive Order, or other legal authority governing the 
composition of a particular advisory committee. In the event of a 
conflict, the specific statute, Executive Order, or other legal 
authority shall govern. The requirements of this Order are in addition 
to internal administrative procedures regarding the appointment of 
individuals to advisory committees.
    8. Redelegation of Authority. Except as otherwise provided by law, 
all of the authorities delegated in this Order may be redelegated in 
order to serve the purposes of this Order.
    9. Date. This order is effective immediately.

    Dated: June 1, 2018.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2018-16124 Filed 7-26-18; 8:45 am]
 BILLING CODE 4510-04-P