[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]
[Page 44127-44129]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy08-107]
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Part V
Department of Labor
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Secretary's Order 5-2008; Notice
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DEPARTMENT OF LABOR
Office of the Secretary
Secretary's Order 5-2008
Subject: Management of United States Government Accountability
Office Reports.
1. Purpose. To delegate authority and assign overall responsibility
for coordinating, reviewing, and processing United States Government
Accountability Office (GAO) reports.
2. Authority. This Order is issued under the authority of 5 U.S.C.
301 (Departmental Regulations); 29 U.S.C. 551 (Establishment of
Department: Secretary; Seal); Reorganization Plan No. 6 of 1950 (5
U.S.C. Appendix 1); 31 U.S.C. 711-720 (Government Accountability
Office, General Duties and Powers); and Office of Management and Budget
(OMB) Circular A-50 (Audit Follow-up).
3. Redelegations/Transfer of Authority. Unless provided otherwise
in this or another Secretary's Order, the authority delegated in this
Order may be redelegated or transferred, as permitted by law or
regulation.
4. Reservation of Authority. The submission of reports and
recommendations to the President and the Congress concerning the
administration of statutory or administrative provisions is reserved to
the Secretary.
5. Directives Affected. Secretary's Order 02-2006 is cancelled.
This Secretary's Order does not affect the authorities and
responsibilities of the Office of the Inspector General under the
Inspector General Act of 1978, as amended, or under Secretary's Order
4-2006 or any other Departmental directive. This Order does not affect
the authorities and responsibilities assigned by any other Secretary's
Order, unless otherwise expressly so provided in this or another Order.
6. Background. Title 31, Chapter 7 of the United States Code
establishes GAO as an independent instrumentality of the U.S.
Government independent of executive departments, and sets forth the
duties and powers of its head, the Comptroller General. Among these
duties is the responsibility to investigate the use of public money (31
U.S.C. 712); evaluate programs and activities of the U.S. Government
(31 U.S.C. 717); and report to Congress on agency expenditures,
contracts, administrative controls, and the status of fiscal accounts
(31 U.S.C. 719). Federal agencies are charged with giving the
Comptroller General specified information and permitting GAO inspection
of agency records (31 U.S.C. 716); agencies also may be afforded an
opportunity to comment on draft GAO reports (31 U.S.C. 718). In
addition, 31 U.S.C. 720 requires that following issuance of a GAO
report that contains recommendations to the head of an Agency, the
Agency must submit a written statement to the Senate Committee on
Homeland Security and Governmental Affairs, the House Committee on
Government Reform, the Committees on Appropriations of the Senate and
the House; the Agency's statement must indicate the action taken by the
Agency on the recommendations. Office of Management and Budget (OMB)
Circular A-50 provides policies and procedures for use by executive
agencies when considering reports issued by GAO where follow-up is
necessary. OMB Circular A-50 also specifies those GAO reports for which
Agency Heads will submit statements to OMB. Secretary's Order 2-2006
assigned responsibility for coordination of GAO reports to the Chief
Financial Officer. As the focus of GAO reports shifts toward policy and
programmatic issues and away from inquiries about financial matters,
the Department has concluded that it is more appropriate for the
Assistant Secretary for Policy to serve as the GAO liaison for the
Department. This Order thus reassigns the role of GAO liaison to the
Assistant Secretary for Policy. This shift will more closely align GAO
liaison and coordination activities with agency mission.
7. Scope. These delegations apply to draft and final GAO reports as
well as to related correspondence addressed to the Secretary of Labor
or other DOL officials.
8. Policy. Findings, recommendations, or suggestions presented to
the Department in a GAO report will be given prompt and careful
consideration. DOL Agency Heads must act promptly on all
recommendations that merit action. The action Agency will comment
timely on the findings in a GAO report, indicating whether the
recommendations will be adopted, considered further, or have been found
to be unnecessary or unacceptable. Comments indicating agreement must
include planned corrective actions and, where appropriate, dates for
implementing these actions. If the recommendations are found to be
unacceptable, the reasons for disagreement shall be fully explained.
When disagreement is based on interpretation of law, regulation, or the
authority of officials to take or not to take action, the response must
include the legal basis.
9. Delegation of Authority and Assignment of Responsibilities.
A. The Assistant Secretary for Policy is delegated overall
authority and assigned responsibility regarding the handling of GAO
reports and will:
(1) Act as the DOL control official for all GAO audits, studies,
and reports and all correspondence received from the Congress and other
governmental agencies relating to such GAO matters.
(2) Serve as the GAO Liaison and point of contact for all GAO
audits and studies (hereinafter, ``reviews'').
(3) Review all written comments on draft and final GAO reports.
(4) Resolve all disagreements that may arise between DOL agencies
regarding responses to GAO reports, both draft and final.
(5) Act as DOL's liaison to other Federal Departments and agencies
for GAO report matters.
(6) Notify appropriate DOL agencies promptly of planned GAO work.
(7) Designate action agencies to prepare responses to GAO reports
and stipulate the deadline required for such responses.
(8) Maintain liaison with GAO concerning all reports and responses.
(9) Provide oversight of DOL's responses to GAO reports, both draft
and final, monitor DOL's implementation of accepted recommendations,
and provide periodic reports to the Deputy Secretary.
(10) Provide advice and assistance to Agency Heads with regard to
GAO findings, recommendations, or suggestions.
(11) Establish policies and procedures for DOL's responses to GAO
reviews and reports.
(12) Apprise the Deputy Secretary on a quarterly basis, or other
timeframe as designated by the Deputy Secretary, of active GAO reviews
and reports relating to the Department.
(13) Provide semi-annual reports to the Secretary on the status of
all unresolved reports over six months old.
B. DOL Agency Heads will:
(1) Expeditiously review and comment on GAO's findings and
recommendations, and submit all responses to the Office of the
Assistant Secretary for Policy (OASP) for clearance through the
Executive Secretariat.
a. Draft GAO reports: In general, DOL must provide responses to
draft GAO reports in ten business days; therefore, all agency responses
are due to OASP at least six business days before the response is due
to GAO so there is sufficient time for the clearance process. Technical
responses to draft GAO reports generally do not require
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clearance, unless the subject of the report is of such significance or
importance that OASP recommends clearance. In such instances, OASP will
so notify the Agency that the response will be sent to Exec Sec for
clearance.
b. Final GAO reports: DOL is required by law to respond to final
GAO reports and recommendations within 60 calendar days. Therefore,
agency responses to final GAO reports are due to OASP 14 calendar days
before the response is due to Congress, GAO and OMB.
(2) Establish sufficient controls to ensure timely preparation of
comments on final GAO reports which are to be furnished to
Congressional committees, OMB, and GAO; and timely implementation of
accepted recommendations.
(3) Designate an individual and an alternate within the Agency to
serve as the central contact for the OASP regarding GAO review and
report activities and related matters.
(4) Inform OASP of all communications received from the GAO,
Congress, or other government agencies pertaining to GAO reports.
(5) Ensure that appropriate departmental clearances on responses to
GAO reports are obtained, including coordinating with SOL to obtain OMB
clearances when the agency's response expresses views on proposed or
pending legislation or deals with other agencies or with executive
branch budget policies. Items found at issue during the response
clearance phase will promptly be brought to the attention of the OASP.
(6) Ensure that cleared responses to GAO reports are properly
prepared and signed and transmitted to Congressional committees, OMB,
and/or GAO within mandated time frames, as required.
C. In addition to programmatic responsibilities assigned under
section B, the Assistant Secretary for Administration and Management is
delegated authority and assigned responsibility for:
(1) Ensuring that any transfer of budgetary resources arising from
this Order is fully consistent with the established requirements of the
Department.
(2) Assuring that performance standards of appropriate officials
reflect effectiveness in resolving and implementing GAO
recommendations.
D. In addition to programmatic responsibilities assigned under
section B, the Chief Financial Officer is delegated authority and
assigned responsibility for providing advice and assistance to DOL
agencies in response to GAO reports concerning issues of financial
management.
E. In addition to programmatic responsibilities assigned under
section B, the Solicitor of Labor is delegated authority and assigned
responsibility to:
(1) Provide legal advice and assistance to all officials of the
Department relating to the authorities of this Order.
(2) Review proposed agency submissions of records and responses.
F. The Assistant Secretary for Congressional and Intergovernmental
Affairs is delegated the authority and responsibility as follows:
(1) Review of, along with other agencies through the Executive
Secretariat clearance process, proposed agency submissions and
responses.
(2) Communication with congressional committees and members of
Congress on matters related to GAO reports. Such communications shall
include handling inquiries from committees and members as well as
making arrangements for briefings, hearings, and other meetings as
necessary. OCIA shall coordinate with both the Agency having
responsibility for the subject of a GAO report and with OASP.
(3) Transmittal of copies of DOL's response to GAO reports to
congressional committees and members of Congress, as appropriate.
10. Effective Date. This Order is effective immediately.
Dated: July 23, 2008.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. E8-17332 Filed 7-28-08; 8:45 am]
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