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)
Office of the Secretary
Federal Register Volume 83, Issue 145 (July 27, 2018)
| Page Range | 35680-35680 | |
| FR Document | 2018-16124 |
[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] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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
![35680 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices
recommend. The Secretary shall make 3. Background. The Secretary and/or employees who understand advisory
the final decision and appointment, or Secretary’s designee has the authority committees and their functions. The
may instead order another candidate and responsibility to appoint members Department’s Director, Human
search be completed. of advisory committees that provide Resources Center, or her designee, shall
6. Privacy. This Order is subject to the information, expertise, and be present for each meeting of the panel.
applicable laws, regulations, and recommendations to DOL agencies. The panel shall select candidates it
procedures concerning the privacy of These appointments should be made considers best meet the criteria for a
applicants to federal government through a transparent and consistent specific committee. The committee shall
employment. process. Accordingly, this Order send its proposed selections to the head
7. Exceptions. The requirements of establishes procedures by which these of the agency, who shall review and
this Order are intended to be general in appointments shall be made.
provide the agency’s recommendations
nature, and accordingly shall be 4. Responsibilities.
to the Secretary and Deputy Secretary.
construed and implemented consistent A. The Assistant Secretary for
with more specific requirements of any Administration and Management, in D. For an advisory committee that
statute, Executive Order, or other legal consultation with the Deputy Secretary, requires the Secretary himself make
authority governing a particular board. is assigned responsibility for issuing appointments, the Secretary shall make
In the event of a conflict, the specific written guidance, as necessary, to each final decision and appointment, or
statute, Executive Order, or other legal implement this Order. may instead order another candidate
authority shall govern. B. The Solicitor of Labor is search be completed.
8. Redelegation of Authority. Except responsible for providing legal advice to
DOL on all matters arising in the E. For an advisory committee that
as otherwise provided by law, all of the permits a Secretary’s designee to make
authorities delegated in this Order may implementation and administration of
this Order. appointments, the Secretary, at his
be redelegated in order to serve the discretion, may review the
purposes of this Order. 5. Procedure. The following
procedures shall apply to the selection recommendations himself pursuant to
9. Effective Date. This order is Paragraph 5.D of this order; or he may
and appointment of individuals to
effective immediately. permit his designee to make the final
Department advisory committees for
Dated: June 1, 2018. which the Secretary or the Secretary’s decisions and appointments, or instead
R. Alexander Acosta, designee is responsible: order another candidate search be
Secretary of Labor. A. A notice of vacancy and completed, consistent with
[FR Doc. 2018–16127 Filed 7–26–18; 8:45 am] solicitation of applications shall be requirements of the applicable statute.
posted in the Federal Register and on
BILLING CODE 4510–04–P 6. Privacy. This Order is subject to the
the relevant committee or agency
website. The vacancy shall be held open applicable laws, regulations, and
for a minimum of thirty days, during procedures concerning the privacy of
DEPARTMENT OF LABOR
which applications shall be accepted. applicants to federal government
Office of the Secretary The notice shall specify: The name of advisory committees.
the committee; the minimum 7. Exceptions; Administrative Matters.
Procedures for Appointment of requirements for committee The requirements of this Order are
Individuals to Department of Labor membership, including specialized intended to be general in nature, and
Advisory Committees knowledge, experience, or other accordingly shall be construed and
Subject: Secretary’s Order 04—2018 relevant criteria as mandated by the implemented consistent with more
relevant statute, committee charter, or as specific requirements of any statute,
1. Purpose. To provide for transparent determined by the agency administering Executive Order, or other legal authority
and consistent processes by which the the committee; the duration, if any, of
governing the composition of a
Secretary of Labor and/or the designee the appointment; the minimum criteria
of the Secretary of Labor shall select and particular advisory committee. In the
for appointment; the documentation an
appoint individuals to advisory event of a conflict, the specific statute,
applicant must submit for
committees 1 within the Department of consideration; the deadline by which Executive Order, or other legal authority
Labor. such documentation must be submitted; shall govern. The requirements of this
2. Authorities and Directives Affected. and the email address and/or physical Order are in addition to internal
A. Authorities. This Order is issued address where documentation may be administrative procedures regarding the
pursuant to the following authorities: submitted. appointment of individuals to advisory
i. 29 U.S.C. 551 et seq.; B. Each application shall be directed committees.
ii. 5 U.S.C. 301–02; to the relevant agency to be screened to 8. Redelegation of Authority. Except
iii. 5 U.S.C. app. 2, 1–15. determine whether the applicant has as otherwise provided by law, all of the
B. Directives Affected. This Order timely submitted all required authorities delegated in this Order may
does not affect the authorities and documentation and meets the minimal be redelegated in order to serve the
responsibilities assigned by any other qualifications for the position, including purposes of this Order.
Secretary’s Order. vetting the minimally qualified
candidates for potential ethics concerns 9. Date. This order is effective
amozie on DSK3GDR082PROD with NOTICES1
1 ‘‘Committee’’ such as conflicts of interest in immediately.
refers to any Federal Advisory
Committee Act (FACA) advisory committee, consultation with ethics counsel. Dated: June 1, 2018.
committee, board, task force, or working group to C. Qualified applications shall be R. Alexander Acosta,
which the Secretary of Labor or the designee of the reviewed by a panel established within
Secretary appoints individuals. This Order does not Secretary of Labor.
apply to internal committees, boards, task forces, or
the relevant agency. The members of
[FR Doc. 2018–16124 Filed 7–26–18; 8:45 am]
working groups, or to purely interagency each panel shall be selected by the head
committees, boards, task forces, or working groups. of the agency, and shall consist of six BILLING CODE 4510–04–P
VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1](https://thefederalregister.org/doc/83_FR_35825/page/1.svg)
Document Created: 2018-07-27 04:05:20
Document Modified: 2018-07-27 04:05:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 35680 |
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