OSEC
Notices
Organization, Functions, and Authority Delegations: Inspector General Office
[ 2/28/2006]
[ PDF]
FR Doc 06-1834
[Federal Register: February 28, 2006 (Volume 71, Number 39)]
[Notices]
[Page 10387-10389]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe06-139]
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Part III
Department of Labor
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Office of the Secretary
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Organization, Functions, and Authority Delegations: Inspector General
Office; Notice
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DEPARTMENT OF LABOR
Office of the Secretary
[Secretary's Order 04-2006]
Organization, Functions, and Authority Delegations: Inspector
General Office
1. Purpose
To update the delegations of authority and assignments of
responsibilities that have been made to the Office of Inspector General
(OIG), including authorization for the OIG to provide for its own
legal, personnel, and procurement services.
2. Authority and Directives Affected
A. Authority. This Order is issued pursuant to various Federal
statutes, including but not limited to the Act of March 4, 1913 (37
Stat. 736, 29 U.S.C. 551), 5 U.S.C. 301 and 302(b)(1), and the
Inspector General Act of 1978, as amended (92 Stat. 1101, 5 U.S.C. App.
3).
B. Directives Affected. Secretary's Order 2-90 is superseded by
this Directive.
3. Policy
It continues to be the policy of the Department of Labor (DOL) to
utilize its resources so as to promote economy and efficiency in the
administration of its programs and operations, and to prevent and
detect fraud, waste and abuse in such programs and operations. Pursuant
to this policy, DOL is fully committed to supporting the audit,
investigative, and oversight efforts of the OIG.
4. Background
The Inspector General Act of 1978 (originally implemented by
Secretary's Order 1-80 and previously amended by Secretary's Order 2-
90) established an OIG within the Department of Labor to: Conduct and
supervise audits and investigations relating to the programs and
operations of DOL; provide leadership and coordination and recommend
policies for activities designed to promote economy and efficiency in
the administration of DOL programs and operations; provide leadership
and coordination to prevent and detect fraud and abuse in DOL programs
and operations, and; provide a means to keep the Secretary and the
Congress fully and currently informed about problems and deficiencies
in DOL programs and operations.
This Order confirms that such authority is established within the
OIG. This Order also recognizes the unique role of the OIG, as set
forth in the Inspector General Act of 1978, as amended, and as
described above. This Order also reaffirms and preserves the
Solicitor's longstanding role as chief legal officer for the Secretary
and the Department, and the Solicitor's exclusive role in furnishing
legal services of all kinds to the Secretary, the Department, and its
constituent agencies (excluding the OIG). This Order shall not be
construed as conferring authority on any agency of the Department other
than the OIG to hire attorneys or otherwise to obtain or provide for
legal services other than through the Solicitor of Labor.
5. Authority and Responsibilities
A. The Inspector General has the powers, duties, and
responsibilities with respect to the Department of Labor and its
programs and operations, as granted under the Inspector General Act of
1978, as amended. These powers include the authority to conduct,
supervise, and coordinate audits and investigations relating to DOL
programs and operations; review existing and proposed legislation and
regulations; and investigate Federal offenses associated with labor
racketeering matters as directed by the Department of Justice Organized
Crime and Racketeering Section or as directed by other offices within
the Department of Justice.
In addition, the Inspector General has responsibilities under other
federal statutes, including but not limited to the Program Fraud Civil
Remedies Act, the Computer Matching and Privacy Protection Act of 1988,
the Federal Managers' Financial Integrity Act of 1982, the Chief
Financial Officers Act of 1990, the Single Audit Act Amendments of
1996, and the Federal Information Security Management Act of 2002. The
Inspector General shall also have such additional authority as may be
delegated to him by the Secretary to carry out his assigned
responsibilities. The Inspector General reports to and is under the
general supervision of the Secretary and the Deputy Secretary, although
neither the Secretary nor Deputy Secretary shall prevent or prohibit
the Inspector General from initiating, carrying out, or completing any
audit or investigation, or from issuing any subpoena during the course
of any audit or investigation. In order to carry out these
responsibilities, the Inspector General shall continue to have
independent personnel and procurement authority, and shall continue to
have the assistance of independent legal services.
B. DOL Agency Heads have responsibility to:
(1) Develop, implement and maintain effective monitoring systems
and mechanisms to provide for the early detection and prevention of
program fraud, waste, and abuse, and to measure program results to
ensure that program goals and objectives are being achieved.
(2) Consider and, when appropriate, implement recommendations made
by the OIG as a result of audits and investigations.
(3) Provide the OIG with cooperation and timely access to
information, data and reports or other assistance as may be required by
their responsibilities under the Inspector General Act and other
Federal law.
C. Supervisory Personnel. Any employee of the Department who has
authority to take, direct others to take, recommend, or approve any
personnel action shall not, with respect to such authority, take or
threaten to take any action against any employee as a reprisal for
making a complaint or disclosing information to the OIG, pursuant to
section 7 of the Inspector General Act of 1978, unless the complaint
was made or the information disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
D. DOL Employees. All DOL employees are responsible to report to
the OIG or to their supervisor, in accordance with applicable
requirements, information that they reasonably believe indicates
wrongdoing by DOL employees or in DOL programs and operations. DOL
employees shall, to the extent required by law and as may be consistent
with the employees' legal rights and lawful official responsibilities,
cooperate with the OIG, provide timely access to documents and
information, respond to questions, and provide, if requested, signed
statements to OIG personnel, in furtherance of the OIG's statutory
responsibilities.
6. Legal Services
A. The Inspector General (1) is authorized to employ attorneys and
support staff to provide the OIG with legal advice and assistance
necessary to carry out its authority under the Inspector General Act
and other provisions of law; (2) is authorized to continue to seek
legal advice and assistance from the Solicitor; (3) is authorized,
subject to the restrictions of applicable law, to be represented by OIG
legal staff in legal matters and proceedings: (a) With respect to the
enforcement of a subpoena issued by the Inspector General pursuant to
the Inspector General Act; (b) with respect to subpoenas of OIG
personnel or documents; or (c) in actions involving the Secretary or
other components of the Department, with respect to discovery of
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OIG personnel or documents; and (4) may request the approval of the
Deputy Secretary to have OIG legal staff provide representation for the
OIG in other legal proceedings where the OIG believes it has interests
independent of the Secretary or the Department.
B. The Solicitor of Labor is the chief legal officer of the
Department and for the Secretary of Labor. Nothing in section 6.A. of
this Order in any way limits the exclusive authority of the Solicitor
of Labor to: (1) Select, bring, and defend appropriate actions on
behalf of the Secretary and the Department; (2) represent the
Department in all legal matters and proceedings (except as provided in
section 6.A. of this Order and by applicable laws); or (3) render
advice and issue opinions that set forth the legal position of the
Secretary or the Department. In addition, the Solicitor retains
exclusive authority and responsibility to provide other legal advice
and assistance to the Secretary and other Department of Labor
officials, and to employ and supervise those persons employed in the
Department as attorneys, except as provided in section 6.A. or by other
actions of the Secretary.
7. Personnel Services
The Inspector General is authorized to have independent personnel
authority within the Department, including but not limited to:
maintaining a personnel office that shall establish and carry out, in
support and on behalf of the Inspector General, an OIG-wide personnel
program to include functions and activities as required by statutes,
regulations, and related Office of Personnel Management policy
references and guidance; retaining a Personnel Officer who is delegated
appointing authority and classification authority consistent with OPM
policy and procedures; providing personnel management policies,
programs, and services for all OIG staff nationwide; and appointing,
selecting, reassigning, suspending, removing, setting pay for, and
appraising the performance of Senior Executive Service (SES) employees
within the OIG.
8. Procurement Services
The Inspector General is authorized to exercise independent
procurement authority within the Department, including but not limited
to the authority to solicit, award, and administer contracts for
supplies and services on behalf of the OIG in accordance with the
Federal Acquisition Regulations and other applicable statutes and
regulations.
9. Effective Date
This Order is effective immediately.
Dated: February 21, 2006.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 06-1834 Filed 2-27-06; 8:45 am]
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