[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Notices]
[Pages 33328-33329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11260]



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Part III





Department of Labor





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Office of the Secretary



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Delegation of Authority and Assignment of Responsibility to the 
Ombudsman for the Energy Employees Occupational Illness Compensation 
Program Act; Notice

  Federal Register / Vol. 70 , No. 108 / Tuesday, June 7, 2005 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 1-2005]


Delegation of Authority and Assignment of Responsibility to the 
Ombudsman for the Energy Employees Occupational Illness Compensation 
Program Act

    1. Purpose and Scope. The purpose of this Secretary's Order is to 
formally create the Office of the Ombudsman under the Energy Employees 
Occupational Illness Compensation Program Act (EEOICPA) and to delegate 
authorities and assign responsibilities to the EEOICPA Ombudsman, as 
required by Public Law 108-375, the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005.
    2. Authorities and Reference. 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); EEOICPA (Title XXXVI of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001, Pub. L. 
106-398), as amended by Public Law 108-375, the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (FY 2005 
Defense Authorization Act). See also Executive Order 13179, Providing 
Compensation to America's Nuclear Weapons Workers (December 7, 2000).
    3. Background. Section 3161 of the FY 2005 Defense Authorization 
Act amended EEOICPA to create a new Part E, Contractor Employee 
Compensation, which replaces Part D of EEOICPA with a program that 
provides covered employees with a federal payment and medical benefits 
for occupational illnesses that result from exposure to toxic 
substances at Department of Energy (DOE) and certain other facilities. 
Eligible survivors also may receive federal compensation, if the 
employee's death was caused by, or contributed to by, the covered 
occupational illness. In general, Part E is administered by the 
Department's Employment Standards Administration (see Secretary's Order 
4-2001). Part E, however, also creates a new independent Office of the 
Ombudsman. See Section 3161 of the FY 2005 Defense Authorization Act, 
establishing Section 3686 of EEOICPA (42 U.S.C. 7385s-15). By statute, 
the Ombudsman is responsible for providing information about Part E 
benefits, requirements and procedures; making recommendations to the 
Secretary about the location of EEOICPA resource centers; and filing an 
annual report with the Congress, assessing complaints and requests for 
assistance received by the Ombudsman. Finally, the statute provides for 
the Office of the Ombudsman to expire on October 28, 2007.
    4. Office of the Ombudsman. The Office of the Ombudsman and the 
position of Ombudsman are established by this Order. The Ombudsman's 
specific responsibilities are set forth in Paragraph 5 of this Order. 
The Ombudsman will report to the Office of the Deputy Secretary through 
an official (to be designated by the Deputy Secretary) whose 
responsibilities are consistent with the Office of the Ombudsman's 
independence as required by EEOICPA.
    5. Delegation of Authorities and Assignment of Responsibilities to 
the Ombudsman. A. The Ombudsman is assigned responsibility for 
fulfilling the role of ombudsman under Section 3686 of EEOICPA, 
including the following duties:
    (1) Providing information about EEOICPA Part E benefits, 
requirements and procedures.
    (2) Making recommendations to the Secretary about the location of 
EEOICPA resource centers for the acceptance and development of claims 
for benefits under EEOICPA Part E and about possible improvements to 
DOL practices in administering Part E of EEOICPA.
    (3) Preparing and submitting to Congress the annual report required 
by Section 3686(e) of EEOICPA. As required by the statute, the report 
will include the number and types of complaints, grievances, and 
requests for assistance received by the Ombudsman, as well as the 
Ombudsman's assessment of the most common difficulties encountered by 
claimants and potential claimants.
    B. The Ombudsman is delegated authority to undertake outreach to 
advise the public of the existence and duties of the Office of the 
Ombudsman.
    C. The Ombudsman is delegated authority to invoke all appropriate 
governmental privileges, arising from the functions of the Ombudsman, 
following personal consideration of the matter and in accordance with 
the following guidelines:
    (1) Generally Applicable Guidelines. The Ombudsman may not re-
delegate the authority to invoke a privilege. The privilege may be 
asserted only with respect to specifically described information and 
only where the Ombudsman determines the privilege is applicable. In 
asserting a privilege, the Ombudsman will articulate in writing 
specific reasons for preserving the confidentiality of the information.
    (2) Deliberative Process Privilege (to withhold information which 
may disclose pre-decisional intra-agency or inter-agency deliberations, 
in cases arising under Part E of EEOICPA including: the analysis and 
evaluation of facts; written summaries of factual evidence; and 
recommendations, opinions, or advice on legal or policy matters). To 
assert this privilege, the Ombudsman must first determine that: (i) The 
information is not purely factual and does not concern recommendations 
that the Department expressly adopted or incorporated by reference in 
its ultimate decision; (ii) the information was generated prior to and 
in contemplation of a decision by a part of the Department; and (iii) 
disclosure of the information would have an inhibiting effect on the 
Department's decision-making processes.
    (3) Informant's Privilege (to protect from disclosure the identity 
of any person who has provided information to the Ombudsman in cases 
arising under Part E of EEOICPA). To assert this privilege, the 
Ombudsman must first determine that disclosure of the privileged matter 
may: (A) Interfere with the Ombudsman's responsibilities under the 
authority delegated or assigned in this Order; (B) adversely affect 
persons who have provided information to the Ombudsman; or (C) deter 
other persons from reporting violations of the statute or other 
authority.
    (4) Prior to filing a formal claim of privilege, the Ombudsman will 
personally review the information sought to be withheld, including all 
the documents sought to be withheld (or, in cases where the volume of 
information is so large that all of it cannot be personally reviewed in 
a reasonable time, an adequate and representative sample of such 
information) and a description or summary of the matter in which the 
disclosure is sought.
    (5) The Ombudsman may comply with any additional requirements 
imposed by local court rules or precedent in asserting a governmental 
privilege.
    (6) In determining whether to assert a governmental privilege, the 
Ombudsman will consult with the Office of the Solicitor (SOL) and may 
ask SOL to prepare and file any necessary legal documents.
    D. The Ombudsman will perform any additional duties which are 
assigned to the Ombudsman by applicable law or regulation.
    6. Responsibilities of the Solicitor of Labor. The Solicitor of 
Labor is delegated authority and assigned

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responsibility for providing legal advice and assistance to all 
officers of the Department relating to the administration and 
implementation of this Order. The bringing of legal proceedings, the 
representation of the Secretary and other officials of the Department 
of Labor, and the determination of whether such proceedings or 
representations are appropriate in a given case, are delegated 
exclusively to the Solicitor.
    7. Responsibilities of the Assistant Secretary for Administration 
and Management. The Assistant Secretary for Administration and 
Management is responsible for:
    A. Providing appropriate administrative and management support, as 
required, for the efficient and effective operation of these programs.
    B. Assuring that any transfer of resources required to implement 
this Order is fully consistent with the budget policies of the 
Department and that consultation and negotiation, as appropriate, with 
representatives of any employees affected by any exchange of 
responsibilities is conducted.
    8. Responsibilities of Agency Heads. Consistent with their 
statutory responsibilities and other applicable Secretary's Orders and 
guidelines, all DOL agency heads are assigned responsibility for 
cooperating with the Ombudsman and complying with related regulations, 
guidance and policies.
    9. Directives Affected:
    A. This Order clarifies Secretary's Order 4-2001 to provide that 
the responsibilities of the Ombudsman under EEOICPA Part E reside in 
the Office of the Ombudsman, but does not otherwise affect the 
authority or responsibilities of the Assistant Secretary for Employment 
Standards under that Order.
    B. This Order does not affect the authorities or responsibilities 
of the Assistant Secretary for Public Affairs under Secretary's Order 
6-83.
    C. This Order does not affect the authorities or responsibilities 
of the Office of Inspector General (OIG) under the Inspector General 
Act of 1978, as amended, or under Secretary's Order 2-90.
    10. Redelegations of Authority. Unless provided otherwise in this 
or another Secretary's Order, the authority delegated in this Order may 
be redelegated, as permitted by law or regulation.
    11. Effective Date and Termination. This Order is effective 
immediately. This Order will terminate upon the expiration of EEOICPA 
Section 3686.

    Dated: June 1, 2005.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 05-11260 Filed 6-6-05; 8:45 am]
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