[Federal Register Volume 73, Number 146 (Tuesday, July 29, 2008)]
[Notices]
[Pages 44128-44129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17332]



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Part V





Department of Labor





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 Secretary's Order 5-2008; Notice

  Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / 
Notices  

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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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