35680 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices 

1 ‘‘Committee’’ refers to any Federal Advisory 

Committee Act (FACA) advisory committee, 

committee, board, task force, or working group to 

which the Secretary of Labor or the designee of the 

Secretary appoints individuals. 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. 

recommend. The Secretary shall make 

the final decision and appointment, or 

may instead order another candidate 

search be completed. 

6. Privacy. This Order is subject to the 

applicable laws, regulations, and 

procedures concerning the privacy of 

applicants to federal government 

employment. 

7. Exceptions. The requirements of 

this Order are intended to be general in 

nature, and accordingly shall be 

construed and implemented consistent 

with more specific requirements of any 

statute, Executive Order, or other legal 

authority governing a particular board. 

In the event of a conflict, the specific 

statute, Executive Order, or other legal 

authority shall govern. 

8. Redelegation of Authority. Except 

as otherwise provided by law, all of the 

authorities delegated in this Order may 

be redelegated in order to serve the 

purposes of this Order. 

9. Effective Date. This order is 

effective immediately. 

Dated: June 1, 2018. 

R. Alexander Acosta, 

Secretary of Labor. 

[FR Doc. 2018–16127 Filed 7–26–18; 8:45 am] 

BILLING CODE 4510–04–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Procedures for Appointment of 

Individuals to Department of Labor 

Advisory Committees 

Subject: Secretary’s Order 04—2018 

1. Purpose. To provide for transparent 

and consistent processes by which the 

Secretary of Labor and/or the designee 

of the Secretary of Labor shall select and 

appoint individuals to advisory 

committees 1 within the Department of 

Labor. 

2. Authorities and Directives Affected. 

A. Authorities. This Order is issued 

pursuant to the following authorities: 

i. 29 U.S.C. 551 et seq.; 

ii. 5 U.S.C. 301–02; 

iii. 5 U.S.C. app. 2, 1–15. 

B. Directives Affected. This Order 

does not affect the authorities and 

responsibilities assigned by any other 

Secretary’s Order. 

3. Background. The Secretary and/or 

Secretary’s designee has the authority 

and responsibility to appoint members 

of advisory committees that provide 

information, expertise, and 

recommendations to DOL agencies. 

These appointments should be made 

through a transparent and consistent 

process. Accordingly, this Order 

establishes procedures by which these 

appointments shall be made. 

4. Responsibilities. 

A. The Assistant Secretary for 

Administration and Management, in 

consultation with the Deputy Secretary, 

is assigned responsibility for issuing 

written guidance, as necessary, to 

implement this Order. 

B. The Solicitor of Labor is 

responsible for providing legal advice to 

DOL on all matters arising in the 

implementation and administration of 

this Order. 

5. Procedure. The following 

procedures shall apply to the selection 

and appointment of individuals to 

Department advisory committees for 

which the Secretary or the Secretary’s 

designee is responsible: 

A. A notice of vacancy and 

solicitation of applications shall be 

posted in the Federal Register and on 

the relevant committee or agency 

website. The vacancy shall be held open 

for a minimum of thirty days, during 

which applications shall be accepted. 

The notice shall specify: The name of 

the committee; the minimum 

requirements for committee 

membership, including specialized 

knowledge, experience, or other 

relevant criteria as mandated by the 

relevant statute, committee charter, or as 

determined by the agency administering 

the committee; the duration, if any, of 

the appointment; the minimum criteria 

for appointment; the documentation an 

applicant must submit for 

consideration; the deadline by which 

such documentation must be submitted; 

and the email address and/or physical 

address where documentation may be 

submitted. 

B. Each application shall be directed 

to the relevant agency to be screened to 

determine whether the applicant has 

timely submitted all required 

documentation and meets the minimal 

qualifications for the position, including 

vetting the minimally qualified 

candidates for potential ethics concerns 

such as conflicts of interest in 

consultation with ethics counsel. 

C. Qualified applications shall be 

reviewed by a panel established within 

the relevant agency. The members of 

each panel shall be selected by the head 

of the agency, and shall consist of six 

employees who understand advisory 

committees and their functions. The 

Department’s Director, Human 

Resources Center, or her designee, shall 

be present for each meeting of the panel. 

The panel shall select candidates it 

considers best meet the criteria for a 

specific committee. The committee shall 

send its proposed selections to the head 

of the agency, who shall review and 

provide the agency’s recommendations 

to the Secretary and Deputy Secretary. 

D. For an advisory committee that 

requires the Secretary himself make 

appointments, the Secretary shall make 

each final decision and appointment, or 

may instead order another candidate 

search be completed. 

E. For an advisory committee that 

permits a Secretary’s designee to make 

appointments, the Secretary, at his 

discretion, may review the 

recommendations himself pursuant to 

Paragraph 5.D of this order; or he may 

permit his designee to make the final 

decisions and appointments, or instead 

order another candidate search be 

completed, consistent with 

requirements of the applicable statute. 

6. Privacy. This Order is subject to the 

applicable laws, regulations, and 

procedures concerning the privacy of 

applicants to federal government 

advisory committees. 

7. Exceptions; Administrative Matters. 

The requirements of this Order are 

intended to be general in nature, and 

accordingly shall be construed and 

implemented consistent with more 

specific requirements of any statute, 

Executive Order, or other legal authority 

governing the composition of a 

particular advisory committee. In the 

event of a conflict, the specific statute, 

Executive Order, or other legal authority 

shall govern. The requirements of this 

Order are in addition to internal 

administrative procedures regarding the 

appointment of individuals to advisory 

committees. 

8. Redelegation of Authority. Except 

as otherwise provided by law, all of the 

authorities delegated in this Order may 

be redelegated in order to serve the 

purposes of this Order. 

9. Date. This order is effective 

immediately. 

Dated: June 1, 2018. 

R. Alexander Acosta, 

Secretary of Labor. 

[FR Doc. 2018–16124 Filed 7–26–18; 8:45 am] 

BILLING CODE 4510–04–P 


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