Notice2021-15826
Secretary's Order 02-2021-To Withdraw Secretary's Order 10-2020, Statement of Policy Regarding Independence of Advisory Committee Members
Primary source
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Published
July 26, 2021
Issuing agencies
Labor Department
Full Text
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<title>Federal Register, Volume 86 Issue 140 (Monday, July 26, 2021)</title>
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[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40080-40081]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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withdrawn.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]
BILLING CODE P
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