Secretary's Order 10-2020-Statement of Policy Regarding Independence of Advisory Committee Members, 71104-71106 [2020-24726]
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71104
Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
Secretary of Labor (Secretary) to
develop, promulgate, and revise as may
be appropriate, improved mandatory
health or safety standards for the
protection of life and prevention of
injuries in coal or other mines. The
Mine Act and 30 CFR parts 75 and 77,
mandatory safety standards for coal
mines, make this collection of
information necessary. Inadequate
maintenance of electric equipment is a
major cause of serious electrical
accidents in the coal mining industry. It
is imperative that mine operators adopt
and follow an effective maintenance
program to ensure that electric
equipment is maintained in a safe
operating condition to prevent
electrocutions, mine fires, and mine
explosions. MSHA regulations require
the mine operator to establish an
electrical maintenance program by
specifying minimum requirements for
the examination, testing, and
maintenance of electric equipment. The
regulations also contain recordkeeping
requirements that help operators in
implementing an effective maintenance
program. (a) Examinations of Electric
Equipment (1) Section 75.512 requires
that all electric equipment be frequently
examined, tested, and maintained by a
qualified person to assure safe operating
conditions and that a record of such
examinations be kept. Section 75.512–2
specifies that required examinations and
tests be made at least weekly. (2)
Section 75.703–3(d)(11) requires that all
grounding diodes be tested, examined,
and maintained as electric equipment
and records of these activities be kept in
accordance with the provisions of
§ 75.512. (3) Section 77.502 requires that
electric equipment be frequently
examined, tested, and maintained by a
qualified person to ensure safe operating
conditions and that a record of such
examinations be kept. Section 77.502–2
requires these examinations and tests at
least monthly. (b) Examinations of HighVoltage Circuit Breakers (1) Section
75.800 requires that circuit breakers
protecting high-voltage circuits, which
enter the underground area of a coal
mine, be properly tested and maintained
as prescribed by the Secretary. Section
75.800–3 requires that such circuit
breakers be tested and examined at least
once each month. Section 75.800–4
requires that a record of the
examinations and tests be made. (2)
Section 75.820 requires persons to lockout and tag disconnecting devices when
working on circuits and equipment
associated with high-voltage longwalls.
(3) Section 75.821(a) requires testing
and examination of each unit of highvoltage longwall equipment and circuits
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to determine that electrical protection,
equipment grounding, permissibility,
cable insulation, and control devices are
being properly maintained to prevent
fire, electrical shock, ignition, or
operational hazards. These tests and
examinations, including the activation
of the ground-fault test circuit, are
required once every seven days. Section
75.821(b) requires that each ground-wire
monitor and associated circuits be
examined and tested at least once every
30 days. Section 75.821(d) requires that,
at the completion of examinations and
tests, the person making the
examinations and tests must certify that
they have been conducted. In addition,
a record must be made of any unsafe
condition found and any corrective
action taken. These certifications and
records must be kept at least 1 year. (4)
Section 77.800 requires that circuit
breakers protecting high-voltage
portable or mobile equipment be
properly tested and maintained. Section
77.800–1 requires that such circuit
breakers be tested and examined at least
once each month. Section 77.800–2
requires a record of each test,
examination, repair, or adjustment of all
circuit breakers protecting high-voltage
circuits. (c) Examinations of Low- and
Medium Voltage Circuits (1) Section
75.900 requires that circuit breakers
protecting low- and medium voltage
power circuits serving three-phase
alternating-current equipment be
properly tested and maintained. Section
75.900–3 requires that such circuit
breakers be tested and examined at least
once each month. Section 75.900–4
requires that a record of the required
examinations and tests be made. (2)
Section 77.900 requires that circuit
breakers protecting low- and medium
voltage circuits which supply power to
portable or mobile three-phase
alternating-current equipment be
properly tested and maintained. Section
77.900–1 requires that such circuit
breakers be tested and examined at least
once each month. Section 77.900–2
requires that a record of the
examinations and tests be made. (d)
Tests and Calibrations of Automatic
Circuit Interrupting Devices Section
75.1001–1(b) requires that automatic
circuit interrupting devices that protect
trolley wires and trolley feeder wires be
tested and calibrated at intervals not to
exceed 6 months. Section 75.1001–1(c)
requires that a record of the tests and
calibrations be kept. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on July 23, 2020 (85 FR
44546).
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This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–MSHA.
Title of Collection: Examinations and
Testing of Electrical Equipment,
Including Examination, Testing, and
Maintenance of High Voltage Longwalls.
OMB Control Number: 1219–0116.
Affected Public: Businesses or other
for-profits institutions.
Total Estimated Number of
Respondents: 674.
Total Estimated Number of
Responses: 291,074.
Total Estimated Annual Time Burden:
55,339 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Dated: November 2, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020–24655 Filed 11–5–20; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Secretary’s Order 10–2020—Statement
of Policy Regarding Independence of
Advisory Committee Members
ACTION:
Notice.
SUPPLEMENTARY INFORMATION:
1. Purpose. To strengthen the quality
and reliability of advice provided by
advisory committees to the Department
of Labor, 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.
2. Authorities and Directives Affected.
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Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
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. This Order
does not affect the authorities and
responsibilities assigned by any other
Secretary’s Order.
3. Definitions.
‘‘Committee’’ means any advisory
committee, committee, board, task force,
or working group to which the Secretary
of Labor or the designee of the Secretary
appoints individuals subject to the
Federal Advisory Committee Act
(FACA), and the subcommittees of such
bodies. This term does not include
internal committees, boards, task forces,
or working groups, or apply to purely
interagency committees, boards, task
forces, or working groups.
‘‘Organization’’ means any organized
concern, whether legally recognized or
otherwise.
4. Background.
The Department’s Committees
provide advice and recommendations
that agency heads and other decisionmakers may use in fulfilling the
Department’s mission of promoting the
welfare of the American workforce. The
Department sponsors several
Committees, which focus separately on
the use of labor market data, employee
benefit plans, job training programs,
international labor standards, trade
agreement policy, and worker safety and
health.
Under FACA, Committees can be
established by Congress, the President,
or the Department. FACA requires that
all Committees operate in an
independent, orderly, balanced, and
transparent manner. Membership
selection is a critical step in fulfilling
these goals. All members must be
qualified and knowledgeable in their
respective fields, and must be
positioned to offer counsel and advice
independent of any motive other than
the best interests of the Department and
those it serves. Unless otherwise
provided by statute, Presidential
directive, or other authority establishing
a Committee, the Secretary or his
designee has the authority and
responsibility to appoint Committee
members. This authority includes the
prerogative to establish eligibility and
selection criteria to ensure the
Department receives the best advice
possible from a broad spectrum of
experts and stakeholders. This
statement of policy sets forth factors to
consider in selecting members to help
ensure these FACA requirements are
met.
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This Policy Statement is intended to
provide notice to the public and
direction to the Department on how the
Secretary or his designees will consider
the financial interests of potential
Committee members. Policies and
requirements are already in place which
prohibit Committee members from
participating in certain matters in which
they have a financial interest. See 18
U.S.C. 208; 5 CFR part 2640; DLMS
1604(A), 1605(C), 1614(E). This Policy
Statement is not intended to change or
add to those provisions, create any
mandatory rules restricting otherwiseeligible individuals from serving on
Committees, or to affect the fair balance
of Committee members required by
FACA.1
Instead, this Statement serves the
separate purpose of aiming to ensure
that the Department receives highquality advice and that the public has
confidence in the expertise of
Committee members. The Department’s
portfolio of contracts and grants has
grown over time, as have the number of
laws and regulations on which
Committee members may be asked to
provide advice, increasing the
circumstances where Committee
members may be called to provide
advice on Department programs as to
which their professional judgment may
be influenced, or appear to be
influenced, by their financial interests.
This influence or appearance of
influence may not rise to the level of an
ethical or legal concern covered by
existing laws and policies, but may
nonetheless diminish the integrity of
advice given the Department in ways
that are inconsistent with the
Department’s interest in obtaining the
most reliable and impartial advice
possible. This Statement helps guard
against such concerns. Further, this
Statement promotes public confidence
in the Department by helping to ensure
that advice given to the Department is
free of bias, and instead solely reflects
Committee members’ experience and
expertise.2
1 The Department’s current FACA Committees
comprise representatives of employees, employers,
experts in fields such as economics and
occupational health and safety, and the general
public. The Department does not believe its
contracts and grants go disproportionately to any
one of these groups, or that any large percentage of
any of these groups is in receipt of Department
contracts or grants. Special provisions have been
made in § 6(B) of this Statement for employees of
state, local and tribal entities, as those entities do
regularly and predictably receive Department
funding.
2 On the public’s confidence in public
institutions, see, for example, Pew Research Center,
‘‘Americans’ View of Government: Low Trust, but
Some Positive Performance Ratings’’ (September 14,
2020), https://www.pewresearch.org/politics/2020/
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71105
5. Responsibilities.
A. The Deputy Secretary is delegated
authority and assigned responsibility for
issuing written guidance, as necessary,
to implement this Policy Statement.
B. The Solicitor of Labor is
responsible for providing legal advice to
the Department on all matters arising in
the implementation and administration
of this Policy Statement.
6. Factors for Consideration. In
making Committee appointments, the
Secretary or his designee will consider
whether prospective Committee
members are sufficiently financially
independent from the Department
programs and activities for which they
may be called upon to provide advice.
A. In circumstances where a
prospective member (or any spouse,
parent, or child of a prospective
member) is:
(i) A principal investigator or coinvestigator on a research project
funded by a Department grant;
(ii) an officer or employee of an
Organization in receipt of a Department
grant; or
(iii) an officer or employee of an
Organization in receipt of
disbursements under a contract with the
Department,
the Secretary or his designee will
consider whether the grant or contract
in question is so directly related to the
Department programs, activities, or
other matters about which the
prospective member may be called upon
to provide advice that it would cause an
objective, disinterested observer to
entertain a significant doubt about the
prospective member’s ability to provide
independent, high-quality advice to the
Department with respect to such
programs, activities, or other matters.
B. Except under the circumstances
described in § 6(A)(i), a prospective
member’s position (or any spouse’s,
parent’s, or child’s position) as an
officer or employee of an institution of
higher education or a state, tribal, or
local government agency shall not be
considered when determining whether
the prospective member is sufficiently
independent from the relevant
Department programs and activities.
C. The purpose of this Policy
Statement is to improve the quality of
advice given to the Department and
should be followed to the extent it
accomplishes that objective. For
instance, some Committee members are
called upon to provide advice with
09/14/americans-views-of-government-low-trustbut-some-positive-performance-ratings/; Gallup,
‘‘Confidence in U.S. Institutions Still Below
Historical Norms’’ (June 15, 2015),
news.gallup.com/poll/183593/confidenceinstitutions-below-historical-norms.aspx.
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71106
Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
respect to national security or veterans
affairs, or are part of a Committee that
involves other federal agencies or
international bodies, where heavy
reliance on the factors above may
impede rather than further the
Department’s ability to obtain quality
advice. The Secretary or his designee
may give less weight to the factors above
when doing so is in the best interests of
the Department.
7. Certification. Candidates for
Committee membership subject to this
Policy Statement shall provide, in
writing, sufficient information for the
Secretary or his designee to consider the
factors articulated in § 6(A) of this
Statement, in such form as the Secretary
or his designee may prescribe.
8. Application and Exceptions.
A. This Policy Statement shall apply
only to the appointments or
reappointments of individuals to
Committees made after the Effective
Date of this Statement.
B. This Policy Statement shall not
apply to ex officio members.
C. This Policy Statement shall not
apply to members and prospective
members of the Advisory Board on
Toxic Substances and Worker Health.3
D. This Policy Statement shall not
apply to appointments made by
someone other than the Secretary or his
designee.
E. In cases where a Committee
member’s independence comes into
question for a reason articulated under
§ 6 of this Order after his appointment,
the Committee member may serve the
remainder of his term on such
Committee. The member should,
however, consider recusing himself
from providing advice to the
Department on any programs or
activities as to which he would not be
considered financially independent
under this Statement.
9. Privacy. This Policy Statement is
subject to the applicable laws,
regulations, and procedures concerning
the privacy of Committee candidates.
10. Controlling Law; Administrative
Matters. This Policy Statement is
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 law governing
the composition of a particular
Committee. If a conflict arises, the
specific statute, Executive Order, or
other law shall govern. The
appointment considerations articulated
in this Statement are in addition to
3 Congress has previously enacted specific
protections regarding the independence of these
Committee members.
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internal administrative procedures
regarding the appointment of
individuals to Committees.
11. Redelegation of Authority. Except
as otherwise provided within this Policy
Statement or by law, all authorities
delegated in this Order may be
redelegated to serve the purposes of this
Statement.
12. Effective Date. This Order is
effective immediately.
Signed in Washington, DC, this 2nd day of
November, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020–24726 Filed 11–5–20; 8:45 am]
BILLING CODE 4510–HL–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Comment Request;
Department of Labor Events
Management Platform
United States Department of
Labor (DOL–OS).
ACTION: Notice of information
collections and request for comments.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995, the
DOL is soliciting public comments
regarding this OS-sponsored
information collection to the Office of
Management and Budget (OMB) for
review and approval.
DATES: Comments pertaining to this
information collection are due on or
before January 5, 2021.
ADDRESSES:
Electronic submission: You may
submit comments and attachments
electronically at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Mail submission: 200 Constitution
Ave. NW, Room S–5315, Washington,
DC 2020.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the DOL, including
whether the information will have
practical utility; (2) if the information
will be processed and used in a timely
manner; (3) the accuracy of the DOL’s
estimates of the burden and cost of the
collection of information, including the
validity of the methodology and
assumptions used; (4) ways to enhance
the quality, utility and clarity of the
information collection; and (5) ways to
minimize the burden of the collection of
information on those who are to
respond, including the use of automated
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Sfmt 9990
collection techniques or other forms of
information technology.
FOR FURTHER INFORMATION CONTACT:
Anthony May by telephone at 202–693–
4129 (this is not a toll-free number) or
by email at DOL_PRA_PUBLIC@dol.gov.
The DOL
Events Management Platform is a shared
service that allows a DOL agency to
collect registration information in a way
that can be tailored to a particular event.
As the information needed to register for
specific events may vary, this ICR
provides a generic format to obtain any
required PRA authorization from the
OMB. DOL notes that registration
requirements for many events do not
require PRA clearance, because the
information requested is minimal (e.g.
information necessary to identify the
attendee, address). This information
collection, however, is subject to the
Paperwork Reduction Act (PRA). A
Federal agency generally cannot
conduct or sponsor a collection of
information and the public is generally
not required to respond to an
information collection unless the OMB
approves it for use and the agency
displays a currently valid OMB Control
Number. In addition, notwithstanding
any other provisions of law, no person
shall generally be subject to penalty for
failing to comply with a collection of
information that does not display a
valid OMB Control Number.
The DOL seeks PRA authorization for
this information collection for three (3)
years. OMB authorization for an
Information Collection Review cannot
be for more than three (3) years without
renewal. The DOL notes that currently
approved information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review.
Agency: DOL–OS.
Title of Collection: Department of
Labor Events Management Platform.
OMB Control Number: 1290–0002.
Total Estimated Number of
Respondents: 1,600.
Total Estimated Number of
Responses: 3,200.
Total Estimated Annual Time Burden:
250 hours.
Total Estimated Annual Other Costs
Burden: $0.
SUPPLEMENTARY INFORMATION:
(Authority: 44 U.S.C. 3506(c)(2)(A))
Dated: November 2, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020–24657 Filed 11–5–20; 8:45 am]
BILLING CODE 4510–04–P
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06NON1
]]>Agencies
[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71104-71106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24726]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Secretary's Order 10-2020--Statement of Policy Regarding
Independence of Advisory Committee Members
ACTION: Notice.
-----------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:
1. Purpose. To strengthen the quality and reliability of advice
provided by advisory committees to the Department of Labor, 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.
2. Authorities and Directives Affected.
[[Page 71105]]
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 Sec. Sec. 1-15.
B. Directives Affected. This Order does not affect the authorities
and responsibilities assigned by any other Secretary's Order.
3. Definitions.
``Committee'' means any advisory committee, committee, board, task
force, or working group to which the Secretary of Labor or the designee
of the Secretary appoints individuals subject to the Federal Advisory
Committee Act (FACA), and the subcommittees of such bodies. This term
does not include internal committees, boards, task forces, or working
groups, or apply to purely interagency committees, boards, task forces,
or working groups.
``Organization'' means any organized concern, whether legally
recognized or otherwise.
4. Background.
The Department's Committees provide advice and recommendations that
agency heads and other decision-makers may use in fulfilling the
Department's mission of promoting the welfare of the American
workforce. The Department sponsors several Committees, which focus
separately on the use of labor market data, employee benefit plans, job
training programs, international labor standards, trade agreement
policy, and worker safety and health.
Under FACA, Committees can be established by Congress, the
President, or the Department. FACA requires that all Committees operate
in an independent, orderly, balanced, and transparent manner.
Membership selection is a critical step in fulfilling these goals. All
members must be qualified and knowledgeable in their respective fields,
and must be positioned to offer counsel and advice independent of any
motive other than the best interests of the Department and those it
serves. Unless otherwise provided by statute, Presidential directive,
or other authority establishing a Committee, the Secretary or his
designee has the authority and responsibility to appoint Committee
members. This authority includes the prerogative to establish
eligibility and selection criteria to ensure the Department receives
the best advice possible from a broad spectrum of experts and
stakeholders. This statement of policy sets forth factors to consider
in selecting members to help ensure these FACA requirements are met.
This Policy Statement is intended to provide notice to the public
and direction to the Department on how the Secretary or his designees
will consider the financial interests of potential Committee members.
Policies and requirements are already in place which prohibit Committee
members from participating in certain matters in which they have a
financial interest. See 18 U.S.C. 208; 5 CFR part 2640; DLMS 1604(A),
1605(C), 1614(E). This Policy Statement is not intended to change or
add to those provisions, create any mandatory rules restricting
otherwise-eligible individuals from serving on Committees, or to affect
the fair balance of Committee members required by FACA.\1\
---------------------------------------------------------------------------
\1\ The Department's current FACA Committees comprise
representatives of employees, employers, experts in fields such as
economics and occupational health and safety, and the general
public. The Department does not believe its contracts and grants go
disproportionately to any one of these groups, or that any large
percentage of any of these groups is in receipt of Department
contracts or grants. Special provisions have been made in Sec. 6(B)
of this Statement for employees of state, local and tribal entities,
as those entities do regularly and predictably receive Department
funding.
---------------------------------------------------------------------------
Instead, this Statement serves the separate purpose of aiming to
ensure that the Department receives high-quality advice and that the
public has confidence in the expertise of Committee members. The
Department's portfolio of contracts and grants has grown over time, as
have the number of laws and regulations on which Committee members may
be asked to provide advice, increasing the circumstances where
Committee members may be called to provide advice on Department
programs as to which their professional judgment may be influenced, or
appear to be influenced, by their financial interests. This influence
or appearance of influence may not rise to the level of an ethical or
legal concern covered by existing laws and policies, but may
nonetheless diminish the integrity of advice given the Department in
ways that are inconsistent with the Department's interest in obtaining
the most reliable and impartial advice possible. This Statement helps
guard against such concerns. Further, this Statement promotes public
confidence in the Department by helping to ensure that advice given to
the Department is free of bias, and instead solely reflects Committee
members' experience and expertise.\2\
---------------------------------------------------------------------------
\2\ On the public's confidence in public institutions, see, for
example, Pew Research Center, ``Americans' View of Government: Low
Trust, but Some Positive Performance Ratings'' (September 14, 2020),
https://www.pewresearch.org/politics/2020/09/14/americans-views-of-government-low-trust-but-some-positive-performance-ratings/; Gallup,
``Confidence in U.S. Institutions Still Below Historical Norms''
(June 15, 2015), news.gallup.com/poll/183593/confidence-institutions-below-historical-norms.aspx.
---------------------------------------------------------------------------
5. Responsibilities.
A. The Deputy Secretary is delegated authority and assigned
responsibility for issuing written guidance, as necessary, to implement
this Policy Statement.
B. The Solicitor of Labor is responsible for providing legal advice
to the Department on all matters arising in the implementation and
administration of this Policy Statement.
6. Factors for Consideration. In making Committee appointments, the
Secretary or his designee will consider whether prospective Committee
members are sufficiently financially independent from the Department
programs and activities for which they may be called upon to provide
advice.
A. In circumstances where a prospective member (or any spouse,
parent, or child of a prospective member) is:
(i) A principal investigator or co-investigator on a research
project funded by a Department grant;
(ii) an officer or employee of an Organization in receipt of a
Department grant; or
(iii) an officer or employee of an Organization in receipt of
disbursements under a contract with the Department,
the Secretary or his designee will consider whether the grant or
contract in question is so directly related to the Department programs,
activities, or other matters about which the prospective member may be
called upon to provide advice that it would cause an objective,
disinterested observer to entertain a significant doubt about the
prospective member's ability to provide independent, high-quality
advice to the Department with respect to such programs, activities, or
other matters.
B. Except under the circumstances described in Sec. 6(A)(i), a
prospective member's position (or any spouse's, parent's, or child's
position) as an officer or employee of an institution of higher
education or a state, tribal, or local government agency shall not be
considered when determining whether the prospective member is
sufficiently independent from the relevant Department programs and
activities.
C. The purpose of this Policy Statement is to improve the quality
of advice given to the Department and should be followed to the extent
it accomplishes that objective. For instance, some Committee members
are called upon to provide advice with
[[Page 71106]]
respect to national security or veterans affairs, or are part of a
Committee that involves other federal agencies or international bodies,
where heavy reliance on the factors above may impede rather than
further the Department's ability to obtain quality advice. The
Secretary or his designee may give less weight to the factors above
when doing so is in the best interests of the Department.
7. Certification. Candidates for Committee membership subject to
this Policy Statement shall provide, in writing, sufficient information
for the Secretary or his designee to consider the factors articulated
in Sec. 6(A) of this Statement, in such form as the Secretary or his
designee may prescribe.
8. Application and Exceptions.
A. This Policy Statement shall apply only to the appointments or
reappointments of individuals to Committees made after the Effective
Date of this Statement.
B. This Policy Statement shall not apply to ex officio members.
C. This Policy Statement shall not apply to members and prospective
members of the Advisory Board on Toxic Substances and Worker Health.\3\
---------------------------------------------------------------------------
\3\ Congress has previously enacted specific protections
regarding the independence of these Committee members.
---------------------------------------------------------------------------
D. This Policy Statement shall not apply to appointments made by
someone other than the Secretary or his designee.
E. In cases where a Committee member's independence comes into
question for a reason articulated under Sec. 6 of this Order after his
appointment, the Committee member may serve the remainder of his term
on such Committee. The member should, however, consider recusing
himself from providing advice to the Department on any programs or
activities as to which he would not be considered financially
independent under this Statement.
9. Privacy. This Policy Statement is subject to the applicable
laws, regulations, and procedures concerning the privacy of Committee
candidates.
10. Controlling Law; Administrative Matters. This Policy Statement
is 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 law governing the composition of a
particular Committee. If a conflict arises, the specific statute,
Executive Order, or other law shall govern. The appointment
considerations articulated in this Statement are in addition to
internal administrative procedures regarding the appointment of
individuals to Committees.
11. Redelegation of Authority. Except as otherwise provided within
this Policy Statement or by law, all authorities delegated in this
Order may be redelegated to serve the purposes of this Statement.
12. Effective Date. This Order is effective immediately.
Signed in Washington, DC, this 2nd day of November, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020-24726 Filed 11-5-20; 8:45 am]
BILLING CODE 4510-HL-P
