62544 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 

1The first assistants are designated in the list that 

follows as the position designated immediately 

below the PAS or non-PAS agency head position 

title.

DEPARTMENT OF LABOR

Office of the Secretary 

Memorandum of Succession for 

Executive Continuity

AGENCY: Office of the Secretary, Labor.

ACTION: Notice.

SUMMARY: On October 14, 2004, 

Secretary of Labor Elaine L. Chao, 

pursuant to Secretary’s Order 4–2003 

(68 FR 41048, July 9, 2003), and the 

authorities cited therein, issued a 

‘‘Memorandum For Department of Labor 

Executive Staff’’ 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. The Secretary has directed 

that this Memorandum be published in 

the Federal Register, and a copy of the 

Memorandum is annexed hereto as an 

Appendix.

DATES: This notice is effective October 

26, 2004.

FOR FURTHER INFORMATION CONTACT:

Contact Edward C. Hugler, Deputy 

Assistant Secretary for Operations, tel. 

(202) 693–4040.

Signed in Washington, DC, this 20th day of 

October, 2004. 

Patrick Pizzella, 

Assistant Secretary of Labor for 

Administration and Management.

Memorandum for Department of Labor 

Executive Staff 

From: Elaine L. Chao, Secretary of 

Labor. 

Subject: To Provide for the Order of 

Succession for Executive Continuity.

October 14, 2004. 

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 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). 

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 

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. 3345. 

Solicitor of Labor 

Deputy Solicitor

Deputy Solicitor for National Operations 

Deputy Solicitor for Regional 

Operations 

Assistant Secretary for Administration 

and Management 

Deputy Assistant Secretary for 

Operations

Deputy Assistant Secretary for Budget 

and Performance Planning 

Deputy Assistant Secretary for Security 

and Emergency Management 

Assistant Secretary for the Employee 

Benefits Security Administration 2

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 LaborManagement Programs 

Director, Office of Workers’ 

Compensation Programs 

Assistant Secretary for the Employment 

and Training Administration 

Deputy Assistant Secretary for 

Employment and Training 3

Deputy Assistant Secretary for 

Employment and Training 4

Assistant Secretary for the Mine Safety 

and Health Administration 

Deputy Assistant Secretary for Mine 

Safety and Health 5

Deputy Assistant Secretary for Mine 

Safety and Health 6

Assistant Secretary for the Occupational 

Safety and Health Administration 

Deputy Assistant Secretary 7

Deputy Assistant Secretary 

Assistant Secretary for the Office of the 

Assistant Secretary for Policy 

Deputy Assistant Secretary 8

Deputy Assistant Secretary for Policy 

(Operations and 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 9

Deputy Assistant Secretary 10

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62545

Deputy Assistant Secretary 11

Assistant Secretary for the Veterans’ 

Employment and Training Service 

Deputy Assistant Secretary

Deputy Assistant Secretary for 

Operations and Management 

Director of Operations and Programs 

Director of the Women’s Bureau 

Deputy Director 12

Regional Office Coordinator 

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

llll 1The first assistants are designated in italic 

font immediately below the PAS or Non-PAS 

position title. 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. 

3This Deputy Assistant Secretary position 

is responsible for the formulation of policies 

and development of multi-year goals, 

objectives and strategies, among other 

responsibilities. Organizationally, the 

position is known as the Deputy Assistant 

Secretary for the Workforce Investment 

System. 4This Deputy Assistant Secretary position 

is responsible for providing leadership and 

direction to ETA operations with specific 

direction provided to administrative and 

management systems and activities. 

Organizationally, this position is known as 

the Deputy Assistant Secretary for 

Performance and Administration. 5This Deputy Assistant Secretary is 

responsible for the formulation of policies 

and development of multi-year goals, 

objectives, and strategies, among other 

responsibilities. Organizationally, the 

position is known as the Deputy Assistant 

Secretary for Policy. 6This Deputy Assistant Secretary is 

responsible for the day-to-day management of 

internal operations, among other 

responsibilities. Organizationally, the 

position is known as the Deputy Assistant 

Secretary for Operations. 7This Deputy Assistant Secretary position 

is responsible for Congressional and 

Intergovernmental liaison activity, among 

other responsibilities. 8This 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. 9This Deputy Assistant Secretary serves as 

the primary adviser to the Assistant Secretary 

and other DOL officials on public affairs 

aspects of policy and program development, 

among other responsibilities. 10This Deputy Assistant Secretary 

develops marketing and public outreach 

campaigns for programs or issues and serves 

as the primary spokesperson for the Secretary 

and the Department, among other 

responsibilities. 11This Deputy Assistant Secretary serves 

as the principal career public affairs 

consultant to the Assistant Secretary and 

manages and directs the office’s day-to-day 

public affairs activities, among other 

responsibilities. 12This position is first assistant, pursuant 

to 29 U.S.C. 14.

[FR Doc. 04–23947 Filed 10–25–04; 8:45 am] 

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