[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6653-6657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01289]


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DEPARTMENT OF LABOR

[Secretary's Order 1-2017]


Order of Succession to the Secretary of Labor in Periods of 
Vacancy, Continuity of Executive Direction, Repositioning and 
Devolution of Departmental Governance, and Emergency Planning Under 
Circumstances of Extreme Disruption

    1. Purpose. To provide for succession to act as, or on behalf of, 
the 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; to provide 
for the repositioning and devolution of Departmental governance under 
circumstances of extreme disruption; and to identify the first 
assistant to those officers of the Department whose appointment to 
office is required to be made by the President, including those whose 
appointment is subject to the advice and consent of the Senate.
    2. Authority and Directives.
    A. This Order is issued pursuant to Executive Order 13755 
(replacing Executive Order (E.O.) 13245, December 18, 2001); the 
Federal Vacancies Reform Act of 1998 (the FVRA) (codified generally at 
5 U.S.C. 3345, et seq.); 29 U.S.C. 551 et seq.; Reorganization Plan No. 
6 of 1950; Reorganization Plan No. 1 of 1958; Reorganization Plan No. 1 
of 1973; Federal Civil Defense Act of 1950 as amended; Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
et seq., as amended; 5 USC 301; 31 U.S.C. 1531 and 1533; Executive 
Order 12656, as amended; and Executive Order 12148, as amended.
    National Security Presidential Directive 51/Homeland Security 
Presidential Directive 20 (NSPD-51/HSPD-20) National Continuity Policy 
(May 2007); National Continuity Policy Implementation Plan (NCPIP) (Aug 
2007); Federal Continuity Directive 1 (FCD-1) Federal Executive Branch 
National Continuity Program and Requirements (October 2012); Office of 
Personnel Management, Handbook on Pay and Leave Benefits for Federal 
Employees Affected by Severe Weather Conditions or Other Emergency 
Situations (June 2008).
    B. Secretary's Order 4-2008 (August 4, 2008) is hereby superseded 
and canceled, and all agency delegations in conflict with this Order 
and/or its Attachment are hereby superseded.
    3. Background. Pursuant to the 1998 Federal Vacancies Reform Act, 
the most recent order of succession of officers to act as Secretary of 
Labor in periods of vacancy was set forth in Secretary's Order 4-2008 
(August 4, 2008), which was issued under the authority of E. O. 13245 
(December 18, 2001). On December 23, 2016, E.O. 13755 revoked E.O. 
13245 and provided a new order of succession to the position of 
Secretary of Labor.
    The Department's plan for continuity of operations in the event of 
a need for relocation involves movement of Emergency Response Group to 
a Continuity Site. The Department's plan for devolution was established 
by Secretarial Memorandum dated December 20, 2006, wherein the 
Secretary selected Dallas, Texas as the National Office, Department of 
Labor devolution site (the ``Devolution Site'').
    4. Order of Governance. In accordance with E.O. 13755 and the FVRA, 
in case of absence due to death, resignation, or if the official is 
otherwise unable to perform the functions and duties of the office, 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 or on behalf thereof by the incumbents 
of the positions designated in the following orders:

A. Succession to the Secretary of Labor

    Sequence for identifying the Acting Secretary of Labor, who shall 
have all of

[[Page 6654]]

the authorities and responsibilities of the Secretary:
    (1) Deputy Secretary of Labor;
    (2) Solicitor of Labor;
    (3) Assistant Secretary for Administration and Management [Not 
subject to Senate Confirmation, Pub. L. 112-166];
    (4) Assistant Secretary for Policy;
    (5) Assistant Secretary for Congressional and Intergovernmental 
Affairs;
    (6) Assistant Secretary for Employment and Training;
    (7) Assistant Secretary for Employee Benefits Security;
    (8) Assistant Secretary for Occupational Safety and Health;
    (9) Assistant Secretary for Mine Safety and Health;
    (10) Assistant Secretary for Public Affairs [Not subject to Senate 
confirmation, Pub. L. 112-166];
    (11) Chief Financial Officer
    (12) Administrator, Wage and Hour Division
    (13) Assistant Secretary for Veterans' Employment and Training;
    (14) Assistant Secretary for Disability Employment Policy;
    (15) First assistants, as defined in the FVRA, to the officials in 
the order listed in (2), and (4)-(9);
    (16) Regional Solicitor--Dallas; and
    (17) Regional Administrator for the Office of the Assistant 
Secretary for Administration and Management--Region VI/Dallas--(who, 
upon becoming Delegated Secretarial Designee (DSD) by order of 
operation of this Succession Order, the Secretary hereby authorizes and 
pre-approves for an immediate, noncompetitive appointment to the Senior 
Executive Service (SES) under a limited-term appointment using a DOL 
SES allocation).
    Provided that, no individual who is serving in an acting capacity 
in any of the above positions shall serve as Acting Secretary pursuant 
to this Order.

B. Identifying the Delegated Secretarial Designee on Behalf of the 
Secretary of Labor

    In the event and for such time(s) that none of the incumbents in 
the succession sequence set forth in Paragraph 4.A., above, are 
available to serve as Acting Secretary, the Delegated Secretarial 
Designee (DSD) shall fulfill, on an interim basis, the operational 
management of the Department except the Secretary's ``functions and 
duties.'' The ``functions and duties'' of the Secretary are those non-
delegable responsibilities (a) established by law (statute or 
regulation); and (b) required to be performed by, and only by, the 
Secretary. Except as determined otherwise by the President, whoever 
from time to time is highest in the following sequence and is available 
to serve shall be the Delegated Secretarial Designee:
    (1) The following:
    (a) Director, Office of Federal Contract Compliance Programs;
    (b) Director of the Women's Bureau; and
    (c) Director, Office of Labor Management Standards;
    (2) Specified DOL officials as follows:
    (a) Regional Administrator for ETA located in Dallas;
    (b) OSHA Regional Administrator--Dallas.
    Provided that, no individual who is serving in an acting capacity 
in any of the above positions shall serve as the Delegated Secretarial 
Designee pursuant to this Order.

C. 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 Secretarial Memorandum to 
Department of Labor Executive Staff (see, ``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 Paragraph 4.C. (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) The 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 
upon signature unless otherwise specified.
    5. Emergency Governance of the Department of Labor and Devolution 
of Authorities and Responsibilities
    A. Secretary (or Acting Secretary) of Labor. Unless otherwise 
directed by the President (or designee), upon the occurrence of a 
national emergency entailing a wholesale disruption of the operations, 
structure, and leadership of the Department of Labor, the Secretary or 
Acting Secretary (as designated by the President or as provided in the 
order of succession set forth in Paragraph 4.A. above) shall activate 
the governing Continuity Plans and determine whether the National 
Office of the Department of Labor will remain in the then existing 
location, be repositioned organizationally to the Continuity Site, or 
be repositioned at the Devolution Site.
    B. Except as otherwise directed by the President (or designee), if 
(1) a catastrophic event occurs in the Washington, DC metropolitan 
area; (2) the incumbents identified in Paragraph 4.A. are unavailable 
or unlikely to be available promptly for succession; and (3) the 
incumbent(s) higher-situated to fill the role of Delegated Secretarial 
Designee (DSD) as provided in Paragraph 4.B. are unavailable or 
unlikely to be available promptly to assume the position of DSD, then 
consistent with the guidelines and operational plans of the Department 
and upon a review of the circumstances and Executive branch guidance, 
the incumbent in the next highest DSD-eligible position shall activate 
the governing Continuity Plans described in Paragraph 5.A. and, based 
upon those

[[Page 6655]]

plans, determine whether the National Office of the Department of Labor 
will remain in the then existing location, be repositioned 
organizationally to the Continuity Site, or be repositioned in Dallas, 
Texas. If emergency circumstances exist that make identification of the 
DSD untenable, then the Regional Solicitor located in Dallas shall 
assume the duties and responsibilities described above in this 
Paragraph 5.B. unless and until the Secretary, Acting Secretary or a 
higher-situated official listed in Paragraph 4.B. above is identified 
and is available to serve.
    6. General and Specific Delegations of Authority and Assignment of 
Responsibilities
    A. Acting Secretary: Upon designation in accordance with the 
conditions and sequence set forth in Section 4.A. of this Order, the 
Acting Secretary shall have all of the authorities of the Secretary of 
Labor, whether statutorily-conferred or delegated by the President. The 
Acting Secretary shall provide for the full operational management of 
the Department of Labor, including, for example, the activation or 
modification of pre-existing Continuity Plans for the repositioning and 
reconstitution of the Department of Labor in the event of a national 
emergency.
    B. Delegated Secretarial Designee: Upon designation in accordance 
with the conditions and sequence set forth above and subject to 
direction by the President or designee, the Secretary, or the Acting 
Secretary, the DSD shall fulfill interim operational management 
functions for the Department of Labor, performing all of the duties and 
responsibilities of the Secretary of Labor (except the ``functions and 
duties'' as defined in Paragraph 4.B. above) including, for example, 
the activation or modification of pre-existing Continuity Plans for the 
repositioning and reconstitution of the Department of Labor in the 
event of a national emergency.
    C. Assistant Secretary for Administration and Management: Upon 
conditions requiring implementation of this plan and any subsequent 
vacancies, ASAM shall be in charge of ensuring compliance with the 
FVRA. Further, as the DOL Continuity Coordinator, ASAM shall develop 
and provide on at least an annual basis a ``duties and 
responsibilities'' briefing to the designated Secretarial successors 
and DSDs and other key positions on their respective responsibilities, 
and on applicable relocation and reconstitution provisions, and shall 
establish (within 180 days from the date of this Order) and regularly 
thereafter update, in consultation with DOL Agency Heads, governing 
Continuity Plans for the repositioning and reconstitution of the 
Department of Labor upon the occurrence of national emergency scenarios 
entailing a wholesale disruption of the operations, structure, and 
leadership of the Department of Labor. The governing Continuity Plans 
for the Department as approved by the ASAM shall reflect:
    (1) The standards under a variety of scenarios for activation of 
the Continuity Plans;
    (2) the determination of each agency head that the succession 
plans, delegations of authority and assignments of responsibility, 
emergency agency directives, standard operating procedures, and 
position descriptions needed to fulfill its mission, if devolved to or 
reconstituted in Dallas, are established, approved by the ASAM, and 
presented to the Dallas Regional Administrator (OASAM) for contingency 
activation by Secretary, Acting Secretary, or the Delegated Secretarial 
Designee; and
    (3) plans prepared by the DOL component Agencies, to include OASAM, 
Dallas Regional Administrator (OASAM) for devolving essential 
operations for the component Agency and for reconstituting the 
Department or component Agency in the event of activation of the DOL 
Continuity Plans.
    D. The Chief Human Capital Officer shall develop and approve 
(within 180 days from the date of this Order) and regularly thereafter 
update, a plan, consistent with applicable law, for managing, 
positioning and compensating DOL human resources in the event of a 
continuity of operations event, and shall assist with, and review the 
adequacy of, preparations by Agency Heads for repositioning and 
reconstituting the operations of their respective agencies. The Chief 
Human Capital Officer shall also assure that the position descriptions 
of all DSD-eligible incumbents reflect their potential DSD service.
    E. The Chief Acquisition Officer shall develop and approve (within 
180 days from the date of this Order) and regularly thereafter update, 
appropriate plans for assuring that all stages of the Department's 
central contracting needs can be met with regional resources and that 
emergency powers, to the extent permitted by law, are ready for 
activation upon the occurrence of a national emergency or major 
disruption, and shall assist with and review the adequacy of 
preparations by Agency Heads for repositioning and reconstituting the 
operations of their respective agencies.
    F. The Chief Information Officer shall develop and approve (within 
180 days from the date of this Order) and regularly thereafter update, 
appropriate plans for assuring that all of the Department's information 
technology systems have sufficient redundancies to support the timely 
relocation of the Department's Essential Functions and the 
reconstitution of the all the Department's organizations and functions, 
and shall assist with and review the adequacy of preparations by Agency 
Heads for repositioning and reconstituting the operations of their 
respective agencies.
    G. The Assistant Secretary for Administration and Management shall 
develop and approve (within 180 days from the date of this Order) and 
regularly thereafter update, plans, consistent with applicable law, for 
the establishment of budget formulation for a relocated or 
reconstituted Department and for securing apportionment flexibilities 
that will permit functions to be transferred and redistributed among 
DOL agencies and their respective appropriation accounts, and shall 
assist with and review the adequacy of preparations by Agency Heads for 
repositioning and reconstituting the operations of their respective 
agencies.
    H. The Chief Financial Officer shall develop and approve (within 
180 days from the date of this Order) and regularly thereafter update, 
plans consistent with applicable law, for the establishment of budget 
execution capabilities for a relocated or reconstituted Department and 
shall assist with and review the adequacy of preparations by Agency 
Heads for repositioning and reconstituting the operations of their 
respective agencies.
    I. The Chief Property Officer shall assist with and review the 
adequacy of preparations by Agency Heads for repositioning and 
reconstituting the operations of their respective agencies.
    J. The Solicitor of Labor is delegated authority and assigned 
responsibility for providing legal advice and assistance to all 
officers of the Department relating to the administration and 
implementation of this Order and, if such an event arises, for a 
relocated or reconstituted Department. The bringing of legal 
proceedings, the representation of the Secretary and other officials of 
the Department, and the determination of whether such proceedings or 
representations are appropriate in a given case, are delegated 
exclusively.
    In addition, the Solicitor of Labor shall assume responsibilities 
from the Assistant Secretary for Policy for performing the role of 
Departmental liaison with the Office of the Federal

[[Page 6656]]

Register in the event of devolution of departmental operations to 
Dallas.
    K. Agency Heads shall assure completion (within 180 days from the 
date of this Order, and on a regular basis thereafter) of the planning, 
support, and consultation required by authorized officers in connection 
with all aspects of the administration of this Order, including:
    (1) Establishing appropriate succession plans, delegations of 
authority and assignments of responsibility, emergency agency 
directives, vital record identification and protection, standard 
operating procedures, and position descriptions to assure for the 
continuity of agency operations relocated to the Continuity Site or the 
Devolution Site, as appropriate;
    (2) Engaging in specific transitional planning with the ASAM, 
including provisions for appropriate transfer of staff and programs as 
appropriate, in order to create devolution plans for DOL Agencies whose 
Offices do not currently have staff and space available at the 
Devolution Site; and
    (3) In consultation with the Office of the Solicitor, identifying, 
compiling, and reporting to the ASAM regarding those emergency 
authorities and responsibilities that may not be suspended, or are 
activated, during national emergencies of any type.
    L. All employees, including contactors, of the Department shall be 
responsible for knowing their individual responsibilities in any 
continuity situation, for contacting DOL as soon as possible after a 
major incident consistent with applicable guidance and for being 
available to work during emergencies to the extent deemed necessary and 
appropriate and consistent with OPM guidance. All employees shall also 
comply with such further directions as may be published from time to 
time in the Department's internal regulations or otherwise distributed 
relating to their duties and responsibilities during emergency 
circumstances.
    7. Reservations of Authority
    A. Except to the extent stated in this Order, this Secretary's 
Order does not affect the authorities and responsibilities of the 
Inspector General under the Inspector General Act of 1978, as amended, 
or Secretary's Order 04-2006 (February 21, 2006).
    B. This Order does not affect any authorities and responsibilities 
of the Chief Financial Officer under the Chief Financial Officers Act 
of 1990, any other Federal law or regulation, or any Office of 
Management and Budget, Government Accountability Office, or U.S. 
Department of the Treasury policies and publications governing the 
fiscal responsibilities of Federal departments and agencies.
    8. Effective Date. This Order is effective immediately.

Thomas E. Perez,
Secretary of Labor.

Attachment

MEMORANDUM FOR DEPARTMENT OF LABOR EXECUTIVE STAFF

FROM: THOMAS E. PEREZ
SUBJECT: To Provide for the Order of Succession for Executive 
Continuity

    This memorandum is issued pursuant to Secretary's Order 1-2017 and 
the authorities cited therein, in order to provide lines of succession 
in periods of vacancy 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. This memorandum addresses succession in 
the Department for (1) appointments made by the President, by and with 
the advice and consent of the Senate (PAS), (2) appointments made by 
the President not subject to the Senate's advice and consent role (PA), 
and (3) appointments made by the Secretary.

Succession for PAS Agency Head Appointments

    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). Functions and duties are those 
non-delegable responsibilities established by law (statute or 
regulation) and required to be performed by, and only by, the PAS.
    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).

Succession for Other Agency Head Appointments

    In addition, certain DOL offices are not covered by the FVRA 
because they are not subject to Senate confirmation. Nevertheless, they 
are included in this Memorandum in order to consolidate the 
presentation of the Department's program for establishing orderly 
internal succession in the event of vacancies. These agencies are: 
Office of the Assistant Secretary for Administration and Management, 
Office of the Assistant Secretary for Public Affairs, Office of Federal 
Contract Compliance Programs, Women's Bureau, Office of Labor-
Management Standards, Office of Workers' Compensation Programs, Bureau 
of International Labor Affairs.
    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 DOL AGENCY FIRST ASSISTANT \1\ AND ORDER OF SUCCESSION
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    \1\ The first assistants or equivalent position are designated 
in italic font in the list that follows as the position designated 
immediately below the agency head position title. Unless otherwise 
indicated, the listed first assistants are those individuals holding 
non-career appointments. From time-to-time, DOL may create a 
``Principal Deputy'' position and designate someone to fill that 
role. If any such position is filled and approved by OPM, that 
position would go immediately below the Agency Head position.
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A. Presidential Appointments: Positions Under the Secretary of Labor

Deputy Secretary of Labor:
    Designation to be made by Presidential direction, as provided in 5 
U.S.C. 3345.
Solicitor of Labor:
    Deputy Solicitor
    Deputy Solicitor (Regional Enforcement)
    Deputy Solicitor (National Operations)
Assistant Secretary for Administration and Management [not subject \2\ 
to FVRA \3\]
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    \2\ P.L. 112-166, Presidential Appointment and Streamlining Act 
of 2011.
    \3\ Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345-3349d.

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[[Page 6657]]

    Deputy Assistant Secretary for Policy
    Deputy Assistant Secretary for Operations
Assistant Secretary for Policy:
    Deputy Assistant Secretary for Policy
    Deputy Assistant Secretary for Policy (Operations and Analysis)
Assistant Secretary for Congressional and Intergovernmental Affairs:
    Deputy Assistant Secretary for Congressional Affairs
    Deputy Assistant Secretary for Congressional Affairs
Assistant Secretary for Employment and Training:
    Deputy Assistant Secretary Deputy Assistant Secretary
    Deputy Assistant Secretary for Operations and Management
Assistant Secretary for Employee Benefits Security:
    Deputy Assistant Secretary for Policy
    Deputy Assistant Secretary for Program Operations
Assistant Secretary for Occupational Safety and Health:
    Deputy Assistant Secretary
    Deputy Assistant Secretary
Assistant Secretary for Mine Safety and Health:
    Deputy Assistant Secretary for Mine Safety and Health
    Deputy Assistant Secretary for Mine Safety and Health (Operations)
Assistant Secretary for Public Affairs [not subject \4\ to FVRA]:
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    \4\ See footnote 2.
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    Deputy Assistant Secretary
    Senior Managing Director
Chief Financial Officer:
    Deputy Chief Financial Officer
Administrator, Wage and Hour Division:
    Deputy Wage and Hour Administrator
    Deputy Wage and Hour Administrator (Operations)
Assistant Secretary for Veterans' Employment and Training:
    Deputy Assistant Secretary for Veterans' Employment and Training 
Service (Policy)
    Deputy Assistant Secretary for Operations and Management
Assistant Secretary for Disability Employment Policy:
    Deputy Assistant Secretary
Director of the Women's Bureau [not subject \5\ to FVRA]:
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    \5\ See footnote 2.
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    Deputy Director \6\
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    \6\ 29 U.S.C. 14 creates first assistant to the Director of the 
Women's Bureau.
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    Deputy Director
Commissioner of Labor Statistics:
    Deputy Commissioner
Inspector General:
    Deputy Inspector General

B. Non-Career SES Agency Head Positions

Director, Office of Federal Contract Compliance Programs:
    Deputy Director
    Director, Division of Program Operations
Director, Office of Labor-Management Standards:
    Deputy Director
Director, Office of Workers' Compensation Programs:
    Deputy Director
    Director, Division of Federal Employee Compensation
Deputy Under Secretary for International Affairs of the Bureau of 
International Labor Affairs:
    Associate Deputy Under Secretary for International Affairs
    Associate Deputy Under Secretary for International Affairs

[FR Doc. 2017-01289 Filed 1-18-17; 8:45 am]
 BILLING CODE 4510-XX-P