[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Notices]
[Pages 58394-58395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20603]


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DEPARTMENT OF LABOR


Secretary's Order 09-2020--Procedures for Appointment of 
Individuals to Department of Labor Advisory Committees

ACTION: Notice.

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    1. Purpose. To provide for efficiency and flexibility in the 
processes by which the Secretary of Labor (``Secretary'') or the 
Secretary's designee select and appoint individuals to advisory 
committees within the Department of Labor (``Department'').
    2. Authorities and Directives Affected.
    A. Authorities. This Order is issued pursuant to the following 
authorities:
    1. 29 U.S.C. 551 et seq.;
    2. 5 U.S.C. 301-02; and
    3. 5 U.S.C. app. 2, 1-15.
    B. Directives Affected. Secretary's Order 04-2018 is hereby 
cancelled.
    3. Definitions.
    ``Committee'' refers to any advisory committee, committee, board, 
task force, or working group to which the Secretary or the Secretary's 
designee appoints individuals subject to the Federal Advisory Committee 
Act, and these bodies' subcommittees. This Order does

[[Page 58395]]

not apply to internal committees, boards, task forces, or working 
groups, or to purely interagency committees, boards, task forces, or 
working groups.
    4. Background.
    The Secretary or the Secretary's designee has the authority and 
responsibility to appoint members of Committees that provide 
information, expertise, and recommendations to Department agencies. The 
formation of Committees and the selection of their membership are 
governed in detail by the Department of Labor Manual Series. 
Secretary's Order 04-2018 established new, additional procedures for 
the selection and appointment of Committee members. These procedures 
included specific requirements regarding the content of vacancy 
notices, screening procedures, the composition and number of employees 
involved in recommending selections, and various procedures governing 
recommendations and appointments by agency heads, the Deputy Secretary, 
and the Secretary. While the Department has a strong interest in 
obtaining disinterested expert advice from its Committees, after two 
years, the Department has determined these new procedures on balance 
are unnecessary and inefficient.
    The Department's Committees vary widely in the issues on which they 
advise the Department and the qualifications required of their members. 
The processes by which Committee members are selected should reflect 
the differing needs and priorities associated with each Committee and 
be proportionate to them. Accordingly, this Order rescinds Secretary's 
Order 04-2018. Appointments previously made under Secretary's Order 04-
2018 are unaffected by this Order.
    5. Responsibilities.
    A. The Deputy Secretary is responsible for issuing written 
guidance, as necessary, to implement this Order.
    B. The Committee Management Officer (CMO), as required by Sec.  
8(b) of the Federal Advisory Committee Act, is responsible for 
coordinating all Federal Advisory Committee activities with DOL 
agencies. The CMO is an employee of the Office of the Executive 
Secretariat.
    C. The Assistant Secretary for Administration and Management, in 
consultation with the Deputy Secretary, Solicitor of Labor, and the 
Committee Management Officer, is responsible for maintaining internal 
Department guidance related to the selection and appointment of members 
to Committees.
    D. The Solicitor of Labor is responsible for providing legal advice 
to the Department on all matters arising in the implementation and 
administration of this Order.
    6. Privacy. This Order is subject to the applicable laws, 
regulations, and procedures concerning the privacy of applicants to 
Committees.
    7. Controlling Law; Administrative Matters. The requirements of 
this Order are intended to be general in nature, and accordingly shall 
be construed and implemented to be consistent with more specific 
requirements of any statute, Executive Order, or other law governing 
the composition of a particular Committee. If a conflict arises, the 
specific statute, Executive Order, or other law shall govern.
    8. Redelegation of Authority. Except as otherwise provided by law, 
all authorities delegated in this Order may be redelegated to serve the 
purposes of this Order.
    9. Effective Date. This order is effective immediately.

    Signed in Washington, DC, this 8th day of September, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020-20603 Filed 9-17-20; 8:45 am]
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