[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]
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