[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Notices]
[Pages 10388-10389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1834]



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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

  Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / 
Notices  

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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 Secretary's Order 2-90 is superseded by 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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