[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Notices]
[Pages 41048-41049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17326]



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Part II





Department of Labor





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Order of Succession to the Secretary of Labor and Continuity of 
Executive Direction; Notice

  Federal Register / Vol. 68, No. 131 / Wednesday, July 9, 2003 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 4-2003]


Order of Succession to the Secretary of Labor and Continuity of 
Executive Direction

    1. Purpose. To provide for succession to act as Secretary of Labor 
in case of death or resignation of the Secretary, or if the Secretary 
is otherwise unable to perform the functions and duties of the office, 
including in case of absence or sickness; to provide lines of 
succession for executive continuity within the Department and its 
Agencies during vacancies arising in a period of national emergency or 
in the course of business; and to identify the first assistant to those 
officers of the Department whose appointment to office is required to 
be made by the President, by and with the advice and consent of the 
Senate.
    2. Authority and Directives Affected. This Order is issued pursuant 
to Executive Order 13245, the Federal Vacancies Reform Act of 1998 (the 
FVRA) (codified generally at 5 U.S.C. 3345, et seq.); the Act of March 
4, 1913, as amended; the Act of April 17, 1946; Reorganization Plan No. 
6 of 1950; Reorganization Plan No. 1 of 1958; Reorganization Plan No. 1 
of 1973; Federal Civil Defense Act of 1950; Disaster Relief Act of 
1974; Executive Order 12656; and Executive Order 12148.
    Secretary's Order 2-2001 is canceled. All agency delegations in 
conflict with this Order and its Attachment are hereby superseded.
    3. Background. Following the 1998 enactment of the Federal 
Vacancies Reform Act, the order of succession of officers to act as 
Secretary of Labor in periods of vacancy was determined by Secretary's 
Order 2-2001 which was issued under Executive Order 10513 (January 19, 
1954). On December 18, 2001, Executive Order 13245 provided a new order 
of succession to the position of Secretary of Labor.
    4. Order of Succession. In accordance with Executive Order 13245 
and the FVRA, in case of absence, sickness, resignation, or death and 
during periods of national emergency, the functions and duties of the 
officers of the Department of Labor and their respective 
responsibilities for operational management will be performed in an 
acting capacity by the incumbents of the positions designated in the 
following orders of succession:

a. To the Secretary of Labor

    (1) Deputy Secretary of Labor;
    (2) Solicitor of Labor;
    (3) Assistant Secretary of Labor in charge of Administration and 
Management;
    (4) Assistant Secretary of Labor in charge of Policy;
    (5) Assistant Secretary of Labor in charge of Congressional and 
Intergovernmental Affairs;
    (6) Assistant Secretary of Labor in charge of the Employment and 
Training Administration;
    (7) Assistant Secretary of Labor in charge of the Employment 
Standards Administration;
    (8) Assistant Secretary of Labor in charge of the Employee Benefits 
Security Administration;
    (9) Assistant Secretary of Labor for Occupational Safety and 
Health;
    (10) Assistant Secretary of Labor for Mine Safety and Health;
    (11) Assistant Secretary of Labor in charge of the Office of Public 
Affairs;
    (12) Assistant Secretary of Labor for Veterans Employment and 
Training; and
    (13) Assistant Secretary of Labor in charge of the Office of 
Disability Employment Policy.
    However, no individual who is serving in an acting capacity in any 
of the above positions shall act as Secretary pursuant to this Order.

b. To All Other PAS Positions and Heads of Other Principal 
Organizational Units

    (1) There are offices and agencies within the Department of Labor 
headed by officers whose appointment to office is required to be made 
by the President, by and with the advice and consent of the Senate 
(PAS). In the event of a vacancy in any of these PAS positions, the 
FVRA provides that except in certain narrow circumstances, the ``first 
assistant [to the PAS position] shall perform the functions and duties 
of the [PAS position] temporarily in an acting capacity'' (subject to 
certain time limitations), unless and until the President makes an 
alternative designation under the FVRA. The functions and duties of the 
PAS officers of the Department and the operational management of the 
respective agency will be performed by the incumbent first assistant to 
the PAS position, as designated in the Memorandum attached to this 
Order.
    (2) In the event that (a) there is a vacancy in the position of the 
first assistant, or (b) the first assistant position is occupied by a 
person who is statutorily barred from serving as an acting officer, the 
operational management of the agency headed by the PAS shall be 
performed by the person whose designation closest follows that of the 
first assistant, unless and until the President makes an alternative 
designation under the FVRA. However, the ``functions and duties'' of 
the PAS may not be performed by any person other than the person 
serving in an acting capacity (or, in the absence of an acting officer, 
by the Secretary pursuant to the FVRA). The ``functions and duties'' 
are those non-delegable responsibilities (a) established by law 
(statute or regulation); and (b) required to be performed by, and only 
by, the PAS.
    (3) The Memorandum described in Section 3(b)(1) above, shall 
include succession to the heads of other Departmental organizational 
units that report to the Secretary.
    (4) Nothing in this Order or the Memorandum shall: (1) Be construed 
to override the provisions in the FVRA with respect to the Inspector 
General or the Chief Financial Officer (5 U.S.C. 3348(e)); or (2) limit 
the Secretary's authority to reassign functions or duties of officers 
unless otherwise precluded by law or regulation.
    (5) That Memorandum shall be published in the Federal Register and 
codified in the Department of Labor Manual Series. It is also subject 
to periodic revision by the Secretary, as necessary, and is effective 
on the date indicated above.
    5. Effective Date. This Order is effective immediately.

    Dated: June 30, 2003.
Elaine L. Chao,
Secretary of Labor.

Attachment--Memorandum for DOL Executive Staff

June 30, 2003.
From: Elaine L. Chao
Subject: To Provide for the Order of Succession for Executive 
Continuity

    This memorandum is issued pursuant to Secretary's Order 4-2003 
and the authorities cited therein, in order to provide lines of 
succession in case of absence, sickness, resignation, or death of 
agency heads and during periods of national emergency declared by 
the President and to provide for ongoing operational management of 
agency programs and personnel.
    Functions and duties and ongoing operational management 
responsibilities of the officers of the Department whose appointment 
to office is required to be made by the President, by and with the 
advice and consent of the Senate (PAS), will be performed in an 
acting capacity by the below designated ``first assistants,'' unless 
and until the President makes an alternative designation under the 
Federal Vacancies Reform Act of 1998 (FVRA).\1\ Functions and

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duties are those non-delegable responsibilities established by law 
(statute or regulation) and required to be performed by, and only 
by, the PAS.
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    \1\ The first assistants are designated in the list that follows 
as the position designated immediately below the PAS or non-PAS 
agency head position title.
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    In the event that the first assistant does not serve or is 
barred from serving, unless and until the President makes an 
alternative designation under the FVRA, the person whose designation 
closest follows that of the first assistant shall perform the 
operational management of the agency. However, the functions and 
duties of the PAS may not be performed by any person other than the 
person serving in an acting capacity, in accord with FVRA (or, in 
the absence of an acting officer, by the Secretary pursuant to the 
FVRA).
    The Office of the Chief Information Officer and the Bureau of 
International Labor Affairs, which are not covered by the statute, 
(because they are not headed by PAS positions) are included in this 
memorandum for the purpose of consolidating the presentation of the 
Department's program for establishing orderly internal succession in 
the event of vacancies.
    This memorandum supersedes all prior inconsistent agency 
delegations. Agency Heads shall assure that agency delegations, 
position descriptions, and other pertinent documents are maintained 
consistently with the designations provided below. Any modifications 
to the Order of Succession specified in this memorandum are solely 
reserved to the Secretary.
    This memorandum shall be published in the Federal Register and 
codified in the Department of Labor Manual Series. This memorandum 
is subject to periodic revision by the Secretary, as necessary, and 
is effective on the date indicated above.

Designation of Agency First Assistant \1\ and Order of Succession
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    \1\The first assistants are designated in italic font 
immediately below the PAS or Non-PAS position title.
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A. PAS Positions Under the Secretary of Labor

    Deputy Secretary of Labor:

Designation to be made by Presidential direction, as provided in 5 
U.S.C. Sec.  3345.

    Solicitor of Labor:

Deputy Solicitor for National Operations
Deputy Solicitor for Planning and Coordination
Deputy Solicitor for Regional Operations

    Assistant Secretary for Administration and Management:

Deputy Assistant Secretary for Operations
Deputy Assistant Secretary for Budget and Strategic and Performance 
Planning
Deputy Assistant Secretary for Security and Emergency Management
    Assistant Secretary for the Employee Benefits Security 
Administration:\2\

    \2\ Described as Assistant Secretary of Labor in charge of the 
Pension and Welfare Benefits Administration in Executive Order 
13245. This agency was renamed Employee Benefits Security 
Administration in Secretary's Order 1-2003.
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Deputy Assistant Secretary for Policy
Deputy Assistant Secretary for Program Operations

    Assistant Secretary for the Employment Standards Administration:

Administrator of the Wage and Hour Division
Deputy Assistant Secretary
Deputy Assistant Secretary for Federal Contract Compliance
Deputy Assistant Secretary for Labor-Management Programs
Director, Office of Workers' Compensation Programs

    Assistant Secretary for the Employment and Training 
Administration:

Deputy Assistant Secretary \3\
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    \3\ This Deputy Assistant Secretary position is responsible for 
the formulation of policies and development of multi-year goals, 
objectives and strategies, among other responsibilities.
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Deputy Assistant Secretary
Deputy Assistant Secretary

    Assistant Secretary for the Mine Safety and Health 
Administration:

Deputy Assistant Secretary for Policy
Deputy Assistant Secretary for Operations

    Assistant Secretary for the Occupational Safety and Health 
Administration:

Deputy Assistant Secretary \4\
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    \4\ This Deputy Assistant Secretary position is responsible for 
Congressional and intergovernmental liaison activity, among other 
responsibilities.
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Deputy Assistant Secretary

    Assistant Secretary for the Office of the Assistant Secretary 
for Policy:

    Deputy Assistant Secretary \5\
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    \5\ This Deputy Assistant Secretary serves as liaison to the 
Executive Office of the President to assure Departmental policies, 
goals, objectives and strategies reflect the Administration's 
positions.
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    Deputy Assistant Secretary for Regulatory Economics and Economic 
Policy Analysis

    Assistant Secretary for the Office of Congressional and 
Intergovernmental Affairs:

Deputy Assistant Secretary for Congressional Affairs
Deputy Assistant Secretary for Intergovernmental Affairs

    Assistant Secretary for the Office of Disability Employment 
Policy:

Deputy Assistant Secretary
Director, Office of Operations

    Assistant Secretary for the Office of Public Affairs:

Deputy Assistant Secretary

    Assistant Secretary for the Veterans' Employment and Training 
Service:

Deputy Assistant Secretary
Director for Operations and Programs
Director of Resource Management

    Director of the Women's Bureau:

Deputy Director \6\

    \6\ This position is first assistant, pursuant to 29 U.S.C. 14.
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    Administrator of the Wage and Hour Division:

Deputy Wage and Hour Administrator

    Commissioner of the Bureau of Labor Statistics:

Deputy Commissioner

    Chief Financial Officer:

Deputy Chief Financial Officer

    Inspector General:

Deputy Inspector General

B. Non-PAS Agency Head Positions

    Deputy Under Secretary for International Affairs of the Bureau 
of International Labor Affairs:

Associate Deputy Under Secretary for Policy
Associate Deputy Under Secretary and Director of International 
Economic Affairs

    Chief Information Officer:

Deputy Chief Information Officer

[FR Doc. 03-17326 Filed 7-8-03; 8:45 am]
BILLING CODE 4510-23-P