[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40080-40081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15826]


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DEPARTMENT OF LABOR


Secretary's Order 02-2021--To Withdraw Secretary's Order 10-2020, 
Statement of Policy Regarding Independence of Advisory Committee 
Members

    1. Purpose. To withdraw Secretary's Order 10-2020, Statement of 
Policy Regarding Independence of Advisory Committee Members.
    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 10-2020 is hereby 
withdrawn.
    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 their subcommittees. 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.
    4. Background. The stated purpose of Secretary's Order 10-2020 was 
to strengthen the quality and reliability of advice provided by 
advisory committees to the Department of Labor (DOL), by identifying 
factors to be used in selecting committee members that will increase 
transparency in the disbursement of taxpayer dollars, enhance public 
confidence in advisory committees, and promote efficiency in the 
selection of candidates to serve on advisory committees. The formation 
of Committees and the selection of their membership are governed in 
detail by the Department of Labor Manual Series. Secretary's Order 10-
2020 established new, additional procedures for the evaluation of 
Committee members by requiring additional consideration of a 
candidate's financial interests in DOL grants and contracts, and 
requiring agencies to collect a candidate attestation, the Individual's 
Self-Certification of Financial Independence, from nominees. If the 
candidate was unable to self-certify, the agency head could review the 
circumstances to determine whether the candidate was sufficiently 
financially independent from (i.e., not so directly related to) DOL 
programs making grants or contract disbursements. These requirements 
were imposed in addition to the rigorous candidate background checks 
agencies perform routinely per DOL policy, although there had been no 
demonstrated necessity for the additional attestations or separate 
analyses Secretary's Order 10-2020 requires. Furthermore, Secretary's 
Order 10-2020 does not apply to all DOL advisory committee members as 
it provides for specific and qualified exceptions, and allows agencies 
to make case-by-case, independent determinations as to whether a 
candidate is sufficiently financially independent if a candidate is 
unable to self-certify, rendering its application inconsistent and 
arbitrary. As such, Secretary's Order 10-2020 has created superfluous 
procedures with no demonstrated value justifying the additional 
administrative burden. While the Department has a strong interest in 
obtaining expert advice from its Committees, the Department has 
determined these new procedures on balance to be unnecessary. 
Accordingly, this Order rescinds Secretary's Order 10-2020. 
Appointments previously made under Secretary's Order 10-2020 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, as required by Sec.  8(b) of 
the Federal Advisory Committee Act, is responsible for coordinating all 
Federal Advisory Committee activities with DOL agencies.
    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.
    7. Privacy. This Order is subject to the applicable laws, 
regulations, and procedures concerning the privacy of applicants to 
Committees.
    8. Controlling Law; Administrative Matters. The requirements of 
this Order are intended to be general in nature, and accordingly will 
be construed and implemented consistent with more

[[Page 40081]]

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 will 
govern.
    9. 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.
    10. Effective Date. This Order is effective immediately.

    Signed in Washington, DC, this 16th day of July, 2021.
Martin J. Walsh,
Secretary of Labor.
[FR Doc. 2021-15826 Filed 7-23-21; 8:45 am]
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