83_FR_24605 83 FR 24502 - Secretary's Order 02-2018-Authority and Responsibilities for Implementation of the Chief Financial Officers Act of 1990 and Related Legislation

83 FR 24502 - Secretary's Order 02-2018-Authority and Responsibilities for Implementation of the Chief Financial Officers Act of 1990 and Related Legislation

DEPARTMENT OF LABOR

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range24502-24505
FR Document2018-11123

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24502-24505]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11123]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR


Secretary's Order 02-2018--Authority and Responsibilities for 
Implementation of the Chief Financial Officers Act of 1990 and Related 
Legislation

    1. Purpose. To delegate authority and assign responsibilities for 
implementation of the Chief Financial Officers Act of 1990 and related 
legislation.
    2. Authorities and Directives Affected.
    A. Authorities

1. Chief Financial Officers Act of 1990, as amended (Pub. L. 101-576)
2. Federal Managers' Financial Integrity Act of 1982 (Pub. L. 97-255)
3. Government Performance and Results Act of 1993 (Pub. L. 103-62)
4. Government Management Reform Act of 1994 (Pub. L. 103-356)
5. Clinger-Cohen Act of 1996 (Pub. L. 104-106, Division E)
6. Federal Financial Management Improvement Act of 1996 (Pub. L. 104-
208, Title VIII)
7. Reports Consolidation Act of 2000 (Pub. L. 106-531)
8. Improper Payments Information Act of 2002 (Pub. L. 107-300)
9. Accountability of Tax Dollars Act of 2002 (Pub. L. 107-289)
10. 29 U.S.C. 563, 563a, and 564, authorizing the Working Capital Fund 
at the Department of Labor
11. Office of Management and Budget (OMB) Circular No. A-11, 
Preparation, Submission and Execution of the Budget (July 1, 2016)
12. OMB Circular No. A-123, Management's Responsibility for Internal 
Control (July 15, 2016)
13. OMB Circular No. A-134, Financial Accounting Principles and 
Standards (May 20, 1993)
14. OMB Circular No. A-136, Financial Reporting Requirements (October 
7, 2016)
15. Budget Enforcement Act of 1990 (Pub. L. 101-508, Title VIII), as 
amended
16. Congressional Budget Act of 1974
17. Balanced Budget and Emergency Deficit Control Act of 1985;
18. 31 U.S.C. Chapter 11

    B. Directives Affected
    1. Secretary's Order 02-2017 is superseded and canceled.
    2. This Order does not affect Secretary's Order 14-2006, Internal 
Control Program (June 20, 2006).
    3. Directives inconsistent with this Order are rescinded to the 
extent of the inconsistency.
    3. Background and Organization. The Chief Financial Officers Act of 
1990, as part of overall Federal financial management reforms, mandated 
the establishment of a Chief Financial Officer (CFO) and Deputy Chief 
Financial Officer in all Cabinet-level Federal agencies, including the 
Department of Labor (DOL). The CFO is appointed by the President and 
confirmed by the Senate, and by statute reports directly to the 
Secretary. The Deputy CFO is a career-reserved position in the Senior 
Executive Service who reports directly to the CFO. The CFO heads the 
Office of the Chief Financial Officer (OCFO), which has such component 
organization units, staffing, and funding as are authorized.
    4. Delegation of Authority. As specified in the CFO Act, at 31 
U.S.C. 902, and as detailed in Paragraph 5 of this Order, the Chief 
Financial Officer is delegated authority to oversee the financial 
management functions of the Department.
    5. Assignment of Responsibilities to the Chief Financial Officer
    A. As required by the CFO Act, the CFO shall--
    1. Report directly to the Secretary and Deputy Secretary regarding 
financial management matters;
    2. Oversee all financial management activities relating to the 
programs and operations of the Department;
    3. Develop and maintain an integrated Departmental accounting and 
financial management system, including financial reporting and internal 
controls, which--
    a. Complies with applicable accounting principles, standards, and 
requirements, and internal control standards;
    b. Complies with such policies and requirements as may be 
prescribed by the Director of the Office of Management and Budget;
    c. Complies with any other requirements applicable to such systems; 
and
    d. Provides for--
    1. Complete, reliable, consistent, and timely information which is 
prepared on a uniform basis and which is responsive to the financial 
information needs of Departmental management;
    2. The development and reporting of cost information;
    3. The integration of accounting and budgeting information; and
    4. The systematic measurement of financial performance.
    4. Make recommendations to the Secretary regarding the selection of 
the Deputy Chief Financial Officer of the Department, who will have the 
qualifications outlined in the CFO Act at 31 U.S.C. 903;
    5. Direct, manage, and provide policy guidance and oversight of 
Departmental financial management personnel, activities, and 
operations, including--
    a. The preparation and annual revision of a Departmental plan to--
    1. Implement the 5-year financial management plan prepared by the 
Director of the Office of Management and Budget under 31 U.S.C. 
3512(a)(3); and

[[Page 24503]]

    2. Comply with the requirements for financial statements and audits 
established under 31 U.S.C. 3515, 3521(e), and 3521(f);
    b. The development of Departmental financial management budgets;
    c. The recruitment, selection, and training of personnel to carry 
out Departmental financial management functions;
    d. The approval and management of Departmental financial management 
systems design or enhancement projects;
    e. The implementation of Departmental asset management systems, 
including systems for cash management, credit management, debt 
collection, and property and inventory management and control;
    f. Prepare and transmit an annual report to the Secretary and the 
Director of the Office of Management and Budget, consistent with the 
requirements of OMB Circular No. A-136, which shall include--
    1. A description and analysis of the status of financial management 
of the Department;
    2. The annual financial statements prepared under 31 U.S.C. 3515;
    3. The audit report transmitted to the Secretary under 31 U.S.C. 
3521(f);
    4. A summary of the reports on internal accounting and 
administrative control systems submitted to the President and the 
Congress under the amendments made by the Federal Managers' Financial 
Integrity Act of 1982 (Pub. L. 97-255); and
    5. Other information the Secretary considers appropriate to fully 
inform the President and the Congress concerning the financial 
management of the Department;
    6. Monitor the financial execution of the budget of the Department 
in relation to actual expenditures and prepare and submit to the 
Secretary timely financial performance reports; and
    7. Review, on a biennial basis, the fees, royalties, rents, and 
other charges imposed by the Department for services and things of 
value it provides, and make recommendations on revising those charges 
to reflect costs incurred by it in providing those services and things 
of value.
    B. The CFO will have the following additional responsibilities:
    1. Budget Execution
    a. Monitor the financial execution of the budget of the Department 
in relation to actual expenditures, and prepare and submit to the 
Secretary timely financial performance reports.
    b. Provide leadership, direction, coordination, and related 
services concerning budget execution for the Department and its 
component agencies.
    c. Participate with Departmental Agency heads and other staff at a 
policy and decision-making level in the Departmental budget execution 
review process.
    d. Review the budget requests for all Departmental and component 
agency financial management functions; recommend to the Secretary their 
modification as necessary to ensure that appropriate resources are 
requested to effectively and efficiently perform necessary financial 
and related functions.
    e. Manage and oversee the Department's administrative control of 
funds from the time funds are allotted to the DOL agencies.
    2. Policy Duties
    a. Develop and promulgate accounting and financial management 
policies for DOL and its component agencies, and review and approve 
component agency financial policies, procedures, and structures for 
adherence to the policies of DOL and other Federal agencies.
    b. Ensure compliance throughout DOL, and its component agencies, 
with applicable accounting standards and principles, and financial 
information and system functional standards, including the standards 
promulgated by the Federal Accounting Systems Advisory Board, the 
Federal Government's Standard General Ledger, the core requirements for 
financial systems, and the financial statement form and content 
guidance issued by OMB.
    c. Exercise overall responsibility for the Department's compliance 
with FMFIA and for the Department's fiscal integrity; serve on the 
Department's Internal Control Board; report directly to the Secretary 
on internal control matters; carry out the responsibilities specified 
in Secretary's Order 14-2006, Internal Control Program, for the CFO and 
the Internal Control Principal for financial systems and mixed systems 
that are significantly financial.
    d. Ensure adequate controls are in place over asset management, 
including cash management operations, credit management and debt 
collection operations, and real property, equipment, and inventories.
    e. Participate with Departmental Agency heads and other staff in 
the policy review of proposed legislative and program initiatives from 
a financial management perspective.
    f. Ensure that component agencies gather timely and accurate 
financial information to manage and oversee major procurements.
    g. Develop policies and procedures for investigating potential 
violations of the Anti-Deficiency Act; working under policies 
established by the CFO, and in cooperation with the ASAM and the 
Solicitor of Labor, notify the Secretary of Anti-Deficiency Act 
violations, and transmit agency reports of Anti-Deficiency Act 
violations to the Secretary for transmittal to the President, Congress, 
OMB, and the Government Accountability Office, as applicable.
    3. Financial Systems Duties
    a. Review and approve the design and operation of component agency 
financial, accounting, and asset systems, specifically including the 
financial aspects of grant management systems, debt collection systems, 
and other systems defined by FFMIA.
    b. Provide oversight of, and issue core requirements and standards 
related to, component agency financial systems, activities, and 
operations, including preparation and revision of agency financial 
management plans and financial performance reports.
    c. In coordination with the ASAM, establish policies, procedures, 
and other guidelines to prescribe the form, content, and frequency of 
accounting information to be reported from component agency systems to 
meet DOL and central Federal agency information requirements.
    d. Participate in the review and approval process of information 
systems that provide, at least in part, financial and/or program 
performance data.
    e. In consultation with the Chief Information Officer (CIO), ensure 
that the accounting, financial, asset management, and other information 
systems of the Department are designed, developed, maintained, and used 
effectively to provide financial or program performance data for 
financial statements of the Department.
    f. Ensure, in consultation with the CIO, that program information 
systems provide financial, budget, and programmatic data on a reliable, 
consistent, and timely basis to agency financial management systems.
    g. Recommend to the Secretary any information resource management 
and budget decisions affecting financial management processes, systems, 
and operations.
    h. Consult with the CIO to ensure sufficient oversight and security 
exist to maintain the integrity of information systems that affect the 
preparation and presentation of the Department's financial statements.
    4. External Reporting Duties
    a. Prepare the financial management components of the annual 
Performance and Accountability Report (PAR) for transmittal to the 
Secretary and the Director of OMB. The PAR will meet the

[[Page 24504]]

requirements of OMB Circular No. A-136, and shall include, in part--
    1. A description and analysis of the status of financial management 
of the Department;
    2. The Department's annual financial statements and accounting 
reports, including, where appropriate, pertinent performance measures;
    3. The audit report transmitted to the Secretary;
    4. The annual report required to be submitted to the President and 
the Congress under the FMFIA;
    5. The report required by the Improper Payments Information Act;
    6. The Management Assurance Statement required by OMB Circular No. 
A-123;
    7. The annual financial management report required by the Chief 
Financial Officers Act; and
    8. Other information the Secretary considers appropriate to fully 
inform the President and the Congress concerning the financial 
management of the Department.
    b. Prepare the semi-annual audit resolution reports required by the 
Amendments to the Inspector General Act.
    c. Coordinate and manage financial management reporting 
requirements as may be imposed by OMB, the Department of the Treasury, 
other central Federal agencies, and Congress.
    d. In coordination with the ASAM and Agency heads, develop 
reporting mechanisms that integrate program performance and financial 
data, and facilitate the display of such data in budget documents, 
financial statements, and other pertinent communications.
    e. In consultation with the CIO, ensure financial statements 
support:
    1. Assessments and revisions of mission-related and administrative 
processes of the Department; and
    2. Measurement of the performance of investments made by the 
Department in information systems.
    5. Financial Management Personnel Duties
    a. Provide oversight of, and issue core requirements and standards 
related to, component agency financial management personnel.
    b. Provide policy advice and assistance to DOL executives, 
including component agency heads, on all personnel matters affecting 
financial management personnel throughout the DOL and its component 
agencies, and on budget and staffing levels for component agency 
financial functions.
    c. Review all proposed personnel selections, skill requirements, 
performance standards, and position descriptions for financial 
management personnel at the GS-15 level and above throughout the DOL 
and its component agencies; discuss any problems with the component 
agency head and appeal any unresolved issue to the Secretary through 
the Deputy Secretary.
    d. Manage a comprehensive training and development program for 
budget analysts, accountants, financial managers, and financial 
technicians; ensure that staff skills are commensurate with 
requirements; and implement a Continuing Professional Education (or 
similar) program.
    6. Financial Programmatic Duties
    a. Manage Departmental programs on audit resolution, travel 
management, cash management, debt collection, asset management, and 
financial management activities.
    b. Manage centralized Departmental accounting functions for fund 
and cost accounting, capitalized assets accounting, grant accounting, 
DOL employee compensation and benefits, and voucher, commercial bill, 
and other payments.
    c. Exercise Departmental approval authority over interagency 
transactions involving component agency program funds, such as for 
investment or transfer.
    d. Establish and chair a CFO Advisory Council within DOL to provide 
a forum for component organizations to advise and support the CFO in 
matters affecting the financial community. The Advisory Council will 
facilitate the dissemination of financial policies established by the 
CFO to component agencies.
    e. Execute a Working Capital Fund (WCF), formulated by the ASAM, 
and related accounts offering, as appropriate and advantageous to the 
Department, a comprehensive program of centralized services funded by 
customer agency reimbursements in advance.
    f. Provide technical reviews of finance offices in the DOL and its 
component agencies, and oversee component agency financial systems as 
defined in the FFMIA.
    g. Appraise centralized and decentralized operations and 
organizations to determine more effective and cost-efficient methods of 
performing required financial functions.
    h. Serve as the Department's Improper Payment Reduction 
Coordinator, with responsibilities including, but not limited to:
    1. Coordinating the establishment of policies and procedures for 
assessing Departmental, component agency, and program risks of improper 
payments;
    2. Coordinating Departmental, component agency, and program 
management actions to reduce improper payments. These duties include:
    i. Assigning responsibility for specific areas of improper payment-
related activities to appropriate component agency, program, or 
activity officials;
    ii. Coordinating the development of detailed action plans to 
determine the nature and extent of possible improper payments for all 
DOL programs and activities spending Federal funds;
    iii. Assisting component agency and program management in 
identifying cost-effective control activities to address identified 
risk areas;
    iv. Assisting component agency and program management in 
establishing improper payment reduction goals or targets and measuring 
performance against those goals to determine progress made and areas 
needing additional action;
    v. Developing procedures for working with OMB and the Congress to 
address barriers encountered that inhibit actions to reduce improper 
payments; and
    vi. Coordinating periodic reporting, through publicly available 
documents, to the Secretary, OMB, and the Congress on the progress made 
in achieving improper payment reduction targets and future action plans 
for controlling improper payments.
    3. Providing a quarterly status report to the Deputy Secretary on 
Departmental activities to identify and reduce improper payments.
    C. In addition to the authority otherwise provided in this Order, 
the CFO--
    1. Shall have access to all records, reports, audits, reviews, 
documents, papers, recommendations, or other materials which are the 
property of the Department or which are available to the Department, 
and which relate to programs and operations with respect to which the 
CFO has responsibilities;
    2. May request such information or assistance as may be necessary 
for carrying out the duties and responsibilities provided by this Order 
from any Federal, State, or local governmental entity; and
    3. To the extent and in such amounts as may be provided in advance 
by appropriations Acts, may--
    a. Enter into contracts and other arrangements with public agencies 
and with private persons for the preparation of financial statements, 
studies, analyses, and other services; and
    b. Make such payments as may be necessary to carry out the 
provisions of this Order.
    6. Assignment of Responsibilities to Other Individuals
    A. Unless modified by this Order, the heads of component Agencies 
retain

[[Page 24505]]

previously delegated responsibilities and authority. In the context of 
the Department's financial management program, they are specifically 
charged with the responsibility to--
    1. In consultation with the CFO and the CIO, define program 
information needs and develop strategies, systems, and capabilities to 
meet those needs.
    2. Perform transaction and operational level financial functions in 
accordance with policies, requirements, and procedures established by 
the CFO.
    3. Direct financial staffs and functions in their respective 
component agencies consistent with those policies and procedures 
established by the CFO.
    4. Facilitate the CFO's oversight responsibilities with respect to 
financial operations and component agency program financial systems by 
providing and maintaining system documentation, audit trails, summary 
or detailed transaction data, and such other information as the CFO may 
require.
    5. Fully solicit, consider, and cooperate with the CFO in the 
review of proposed appointment, promotion, and other personnel actions 
affecting financial management staff at the GS-15 level and above.
    6. Manage grants, procurement, property, debt management/accounts 
receivable, and other management systems for their respective component 
agencies, in a manner consistent with the CFO's responsibilities 
prescribed in this Order.
    B. The Inspector General--
    1. Retains full responsibility for previously-delegated budget and 
financial management activities pertaining to his or her own office, 
but will participate with the CFO in integrating such delegated 
assignments with the overall financial management program of the 
Department.
    2. Will participate, where appropriate, in joint reviews with the 
CFO of selected financial management functions, operations, and 
systems.
    3. Will participate with the CFO in the resolution of audit issues, 
findings, and recommendations, including those involved in the annual 
financial statements, consistent with its statutory responsibilities 
for managing an audit program.
    C. The Solicitor of Labor is responsible for providing legal advice 
and assistance to the Secretary, Deputy Secretary, CFO, and all other 
Department of Labor officials who are assigned responsibilities for 
implementation of this Order, except as provided in Secretary's Order 
4-2006 with respect to the Office of Inspector General.
    7. Communications. In consonance with the assignments of 
responsibility above, the Office of the Chief Financial Officer shall 
ensure that the Agency Administrative Officers are apprised of 
communications to component agency financial staff. Similarly, 
component agencies shall keep the Chief Financial Officer apprised of 
directives and other communications affecting their financial staff.
    8. Reservations of Authority
    A. Unless otherwise stated in this Order, 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.
    B. Except as provided in Paragraph (5)(D)(1), this Order does not 
provide to the CFO any access greater than permitted under any other 
law to records, reports, audits, reviews, documents, papers, 
recommendations, or other material of the Office of Inspector General.
    9. Redelegations and Transfers 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.
    10. Effective Date. This Order is effective May 27, 2018.

    Dated: May 14, 2018.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2018-11123 Filed 5-25-18; 8:45 am]
 BILLING CODE 4510-04-P



                                               24502                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                               commenters not to include personally                    implementation of the Chief Financial                 reports directly to the Secretary. The
                                               identifiable information, confidential                  Officers Act of 1990 and related                      Deputy CFO is a career-reserved
                                               business data, or other sensitive                       legislation.                                          position in the Senior Executive Service
                                               statements/information in any                              2. Authorities and Directives Affected.            who reports directly to the CFO. The
                                               comments.                                                  A. Authorities                                     CFO heads the Office of the Chief
                                                 The DOL is particularly interested in                 1. Chief Financial Officers Act of 1990,              Financial Officer (OCFO), which has
                                               comments that:                                                as amended (Pub. L. 101–576)                    such component organization units,
                                                 • Evaluate whether the proposed                       2. Federal Managers’ Financial Integrity              staffing, and funding as are authorized.
                                               collection of information is necessary                        Act of 1982 (Pub. L. 97–255)                       4. Delegation of Authority. As
                                               for the proper performance of the                       3. Government Performance and Results                 specified in the CFO Act, at 31 U.S.C.
                                               functions of the agency, including                            Act of 1993 (Pub. L. 103–62)                    902, and as detailed in Paragraph 5 of
                                               whether the information will have                       4. Government Management Reform Act                   this Order, the Chief Financial Officer is
                                               practical utility;                                            of 1994 (Pub. L. 103–356)                       delegated authority to oversee the
                                                 • Evaluate the accuracy of the                        5. Clinger-Cohen Act of 1996 (Pub. L.                 financial management functions of the
                                               agency’s estimate of the burden of the                        104–106, Division E)                            Department.
                                               proposed collection of information,                     6. Federal Financial Management                          5. Assignment of Responsibilities to
                                               including the validity of the                                 Improvement Act of 1996 (Pub. L.                the Chief Financial Officer
                                               methodology and assumptions used;                             104–208, Title VIII)                               A. As required by the CFO Act, the
                                                 • Enhance the quality, utility, and                   7. Reports Consolidation Act of 2000                  CFO shall—
                                               clarity of the information to be                              (Pub. L. 106–531)                                  1. Report directly to the Secretary and
                                               collected; and                                          8. Improper Payments Information Act                  Deputy Secretary regarding financial
                                                 • Minimize the burden of the                                of 2002 (Pub. L. 107–300)                       management matters;
                                               collection of information on those who                  9. Accountability of Tax Dollars Act of                  2. Oversee all financial management
                                               are to respond, including through the                         2002 (Pub. L. 107–289)                          activities relating to the programs and
                                               use of appropriate automated,                           10. 29 U.S.C. 563, 563a, and 564,                     operations of the Department;
                                               electronic, mechanical, or other                              authorizing the Working Capital                    3. Develop and maintain an integrated
                                               technological collection techniques or                        Fund at the Department of Labor                 Departmental accounting and financial
                                               other forms of information technology,                  11. Office of Management and Budget                   management system, including financial
                                               e.g., permitting electronic submission of                     (OMB) Circular No. A–11,                        reporting and internal controls, which—
                                               responses.                                                    Preparation, Submission and                        a. Complies with applicable
                                                 Agency: DOL–ETA.                                            Execution of the Budget (July 1,                accounting principles, standards, and
                                                 Type of Review: Revision.                                   2016)                                           requirements, and internal control
                                                 Title of Collection: Pre-                             12. OMB Circular No. A–123,                           standards;
                                               Apprenticeship—Pathways to Success.                                                                              b. Complies with such policies and
                                                                                                             Management’s Responsibility for
                                                 Form: Pre-Apprenticeship—Contact                                                                            requirements as may be prescribed by
                                                                                                             Internal Control (July 15, 2016)
                                               and Program Information.                                                                                      the Director of the Office of
                                                                                                       13. OMB Circular No. A–134, Financial
                                                 OMB Control Number: 1205–0520.                                                                              Management and Budget;
                                                                                                             Accounting Principles and
                                                 Affected Public: Private sector                                                                                c. Complies with any other
                                                                                                             Standards (May 20, 1993)
                                               (businesses or other for-profits and not-                                                                     requirements applicable to such
                                                                                                       14. OMB Circular No. A–136, Financial
                                               for-profit institutions), secondary and                                                                       systems; and
                                                                                                             Reporting Requirements (October 7,
                                               post-secondary institutions.                                                                                     d. Provides for—
                                                                                                             2016)                                              1. Complete, reliable, consistent, and
                                                 Estimated Number of Respondents:
                                                                                                       15. Budget Enforcement Act of 1990                    timely information which is prepared
                                               100.
                                                 Frequency: Annually.                                        (Pub. L. 101–508, Title VIII), as               on a uniform basis and which is
                                                 Total Estimated Annual Responses:                           amended                                         responsive to the financial information
                                               100.                                                    16. Congressional Budget Act of 1974
                                                                                                                                                             needs of Departmental management;
                                                 Estimated Average Time per                            17. Balanced Budget and Emergency                        2. The development and reporting of
                                               Response: 21 minutes per entry.                               Deficit Control Act of 1985;                    cost information;
                                                 Estimated Total Annual Burden                         18. 31 U.S.C. Chapter 11                                 3. The integration of accounting and
                                               Hours: 43 hours.                                           B. Directives Affected                             budgeting information; and
                                                 Total Estimated Annual Other Cost                        1. Secretary’s Order 02–2017 is                       4. The systematic measurement of
                                               Burden: $763.                                           superseded and canceled.                              financial performance.
                                                                                                          2. This Order does not affect                         4. Make recommendations to the
                                               Rosemary Lahasky,                                       Secretary’s Order 14–2006, Internal                   Secretary regarding the selection of the
                                               Deputy Assistant Secretary for the                      Control Program (June 20, 2006).                      Deputy Chief Financial Officer of the
                                               Employment and Training Administration.                    3. Directives inconsistent with this               Department, who will have the
                                               [FR Doc. 2018–11462 Filed 5–25–18; 8:45 am]             Order are rescinded to the extent of the              qualifications outlined in the CFO Act
                                               BILLING CODE 4510–FR–P                                  inconsistency.                                        at 31 U.S.C. 903;
                                                                                                          3. Background and Organization. The                   5. Direct, manage, and provide policy
                                                                                                       Chief Financial Officers Act of 1990, as              guidance and oversight of Departmental
                                               DEPARTMENT OF LABOR                                     part of overall Federal financial                     financial management personnel,
                                               Secretary’s Order 02–2018—Authority                     management reforms, mandated the                      activities, and operations, including—
daltland on DSKBBV9HB2PROD with NOTICES




                                               and Responsibilities for                                establishment of a Chief Financial                       a. The preparation and annual
                                               Implementation of the Chief Financial                   Officer (CFO) and Deputy Chief                        revision of a Departmental plan to—
                                               Officers Act of 1990 and Related                        Financial Officer in all Cabinet-level                   1. Implement the 5-year financial
                                               Legislation                                             Federal agencies, including the                       management plan prepared by the
                                                                                                       Department of Labor (DOL). The CFO is                 Director of the Office of Management
                                                 1. Purpose. To delegate authority and                 appointed by the President and                        and Budget under 31 U.S.C. 3512(a)(3);
                                               assign responsibilities for                             confirmed by the Senate, and by statute               and


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                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                            24503

                                                  2. Comply with the requirements for                     c. Participate with Departmental                   policies established by the CFO, and in
                                               financial statements and audits                         Agency heads and other staff at a policy              cooperation with the ASAM and the
                                               established under 31 U.S.C. 3515,                       and decision-making level in the                      Solicitor of Labor, notify the Secretary
                                               3521(e), and 3521(f);                                   Departmental budget execution review                  of Anti-Deficiency Act violations, and
                                                  b. The development of Departmental                   process.                                              transmit agency reports of Anti-
                                               financial management budgets;                              d. Review the budget requests for all              Deficiency Act violations to the
                                                  c. The recruitment, selection, and                   Departmental and component agency                     Secretary for transmittal to the
                                               training of personnel to carry out                      financial management functions;                       President, Congress, OMB, and the
                                               Departmental financial management                       recommend to the Secretary their                      Government Accountability Office, as
                                               functions;                                              modification as necessary to ensure that              applicable.
                                                  d. The approval and management of                    appropriate resources are requested to                   3. Financial Systems Duties
                                               Departmental financial management                       effectively and efficiently perform                      a. Review and approve the design and
                                               systems design or enhancement                           necessary financial and related                       operation of component agency
                                               projects;                                               functions.                                            financial, accounting, and asset systems,
                                                  e. The implementation of                                e. Manage and oversee the                          specifically including the financial
                                               Departmental asset management                           Department’s administrative control of                aspects of grant management systems,
                                               systems, including systems for cash                     funds from the time funds are allotted                debt collection systems, and other
                                               management, credit management, debt                     to the DOL agencies.                                  systems defined by FFMIA.
                                               collection, and property and inventory                     2. Policy Duties                                      b. Provide oversight of, and issue core
                                               management and control;                                    a. Develop and promulgate accounting               requirements and standards related to,
                                                  f. Prepare and transmit an annual                    and financial management policies for                 component agency financial systems,
                                               report to the Secretary and the Director                DOL and its component agencies, and                   activities, and operations, including
                                               of the Office of Management and                         review and approve component agency                   preparation and revision of agency
                                               Budget, consistent with the                             financial policies, procedures, and                   financial management plans and
                                               requirements of OMB Circular No. A–                     structures for adherence to the policies              financial performance reports.
                                               136, which shall include—                               of DOL and other Federal agencies.                       c. In coordination with the ASAM,
                                                  1. A description and analysis of the                    b. Ensure compliance throughout                    establish policies, procedures, and other
                                               status of financial management of the                   DOL, and its component agencies, with                 guidelines to prescribe the form,
                                               Department;                                             applicable accounting standards and                   content, and frequency of accounting
                                                  2. The annual financial statements                   principles, and financial information                 information to be reported from
                                               prepared under 31 U.S.C. 3515;                          and system functional standards,                      component agency systems to meet DOL
                                                  3. The audit report transmitted to the
                                                                                                       including the standards promulgated by                and central Federal agency information
                                               Secretary under 31 U.S.C. 3521(f);
                                                  4. A summary of the reports on                       the Federal Accounting Systems                        requirements.
                                               internal accounting and administrative                  Advisory Board, the Federal                              d. Participate in the review and
                                               control systems submitted to the                        Government’s Standard General Ledger,                 approval process of information systems
                                               President and the Congress under the                    the core requirements for financial                   that provide, at least in part, financial
                                               amendments made by the Federal                          systems, and the financial statement                  and/or program performance data.
                                                                                                       form and content guidance issued by                      e. In consultation with the Chief
                                               Managers’ Financial Integrity Act of
                                               1982 (Pub. L. 97–255); and                              OMB.                                                  Information Officer (CIO), ensure that
                                                  5. Other information the Secretary                      c. Exercise overall responsibility for             the accounting, financial, asset
                                               considers appropriate to fully inform                   the Department’s compliance with                      management, and other information
                                               the President and the Congress                          FMFIA and for the Department’s fiscal                 systems of the Department are designed,
                                               concerning the financial management of                  integrity; serve on the Department’s                  developed, maintained, and used
                                               the Department;                                         Internal Control Board; report directly to            effectively to provide financial or
                                                  6. Monitor the financial execution of                the Secretary on internal control                     program performance data for financial
                                               the budget of the Department in relation                matters; carry out the responsibilities               statements of the Department.
                                               to actual expenditures and prepare and                  specified in Secretary’s Order 14–2006,                  f. Ensure, in consultation with the
                                               submit to the Secretary timely financial                Internal Control Program, for the CFO                 CIO, that program information systems
                                               performance reports; and                                and the Internal Control Principal for                provide financial, budget, and
                                                  7. Review, on a biennial basis, the                  financial systems and mixed systems                   programmatic data on a reliable,
                                               fees, royalties, rents, and other charges               that are significantly financial.                     consistent, and timely basis to agency
                                               imposed by the Department for services                     d. Ensure adequate controls are in                 financial management systems.
                                               and things of value it provides, and                    place over asset management, including                   g. Recommend to the Secretary any
                                               make recommendations on revising                        cash management operations, credit                    information resource management and
                                               those charges to reflect costs incurred by              management and debt collection                        budget decisions affecting financial
                                               it in providing those services and things               operations, and real property,                        management processes, systems, and
                                               of value.                                               equipment, and inventories.                           operations.
                                                  B. The CFO will have the following                      e. Participate with Departmental                      h. Consult with the CIO to ensure
                                               additional responsibilities:                            Agency heads and other staff in the                   sufficient oversight and security exist to
                                                  1. Budget Execution                                  policy review of proposed legislative                 maintain the integrity of information
                                                  a. Monitor the financial execution of                and program initiatives from a financial              systems that affect the preparation and
                                               the budget of the Department in relation                management perspective.                               presentation of the Department’s
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                                               to actual expenditures, and prepare and                    f. Ensure that component agencies                  financial statements.
                                               submit to the Secretary timely financial                gather timely and accurate financial                     4. External Reporting Duties
                                               performance reports.                                    information to manage and oversee                        a. Prepare the financial management
                                                  b. Provide leadership, direction,                    major procurements.                                   components of the annual Performance
                                               coordination, and related services                         g. Develop policies and procedures for             and Accountability Report (PAR) for
                                               concerning budget execution for the                     investigating potential violations of the             transmittal to the Secretary and the
                                               Department and its component agencies.                  Anti-Deficiency Act; working under                    Director of OMB. The PAR will meet the


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                                               24504                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                               requirements of OMB Circular No. A–                     personnel at the GS–15 level and above                management actions to reduce improper
                                               136, and shall include, in part—                        throughout the DOL and its component                  payments. These duties include:
                                                 1. A description and analysis of the                  agencies; discuss any problems with the                  i. Assigning responsibility for specific
                                               status of financial management of the                   component agency head and appeal any                  areas of improper payment-related
                                               Department;                                             unresolved issue to the Secretary                     activities to appropriate component
                                                 2. The Department’s annual financial                  through the Deputy Secretary.                         agency, program, or activity officials;
                                               statements and accounting reports,                         d. Manage a comprehensive training                    ii. Coordinating the development of
                                               including, where appropriate, pertinent                 and development program for budget                    detailed action plans to determine the
                                               performance measures;                                   analysts, accountants, financial                      nature and extent of possible improper
                                                 3. The audit report transmitted to the                managers, and financial technicians;                  payments for all DOL programs and
                                               Secretary;                                              ensure that staff skills are                          activities spending Federal funds;
                                                 4. The annual report required to be                   commensurate with requirements; and                      iii. Assisting component agency and
                                               submitted to the President and the                      implement a Continuing Professional                   program management in identifying
                                               Congress under the FMFIA;                               Education (or similar) program.                       cost-effective control activities to
                                                 5. The report required by the                            6. Financial Programmatic Duties                   address identified risk areas;
                                               Improper Payments Information Act;                         a. Manage Departmental programs on                    iv. Assisting component agency and
                                                 6. The Management Assurance                           audit resolution, travel management,                  program management in establishing
                                               Statement required by OMB Circular                      cash management, debt collection, asset               improper payment reduction goals or
                                               No. A–123;                                              management, and financial management                  targets and measuring performance
                                                 7. The annual financial management                    activities.                                           against those goals to determine
                                               report required by the Chief Financial                     b. Manage centralized Departmental                 progress made and areas needing
                                               Officers Act; and                                       accounting functions for fund and cost                additional action;
                                                 8. Other information the Secretary                                                                             v. Developing procedures for working
                                                                                                       accounting, capitalized assets
                                               considers appropriate to fully inform                                                                         with OMB and the Congress to address
                                                                                                       accounting, grant accounting, DOL
                                               the President and the Congress                                                                                barriers encountered that inhibit actions
                                                                                                       employee compensation and benefits,
                                               concerning the financial management of                                                                        to reduce improper payments; and
                                                                                                       and voucher, commercial bill, and other
                                               the Department.                                                                                                  vi. Coordinating periodic reporting,
                                                                                                       payments.
                                                 b. Prepare the semi-annual audit                                                                            through publicly available documents,
                                                                                                          c. Exercise Departmental approval
                                               resolution reports required by the                                                                            to the Secretary, OMB, and the Congress
                                                                                                       authority over interagency transactions
                                               Amendments to the Inspector General                                                                           on the progress made in achieving
                                                                                                       involving component agency program
                                               Act.                                                                                                          improper payment reduction targets and
                                                 c. Coordinate and manage financial                    funds, such as for investment or
                                                                                                                                                             future action plans for controlling
                                               management reporting requirements as                    transfer.
                                                                                                                                                             improper payments.
                                               may be imposed by OMB, the                                 d. Establish and chair a CFO Advisory
                                                                                                                                                                3. Providing a quarterly status report
                                               Department of the Treasury, other                       Council within DOL to provide a forum
                                                                                                                                                             to the Deputy Secretary on
                                               central Federal agencies, and Congress.                 for component organizations to advise
                                                                                                                                                             Departmental activities to identify and
                                                 d. In coordination with the ASAM                      and support the CFO in matters
                                                                                                                                                             reduce improper payments.
                                               and Agency heads, develop reporting                     affecting the financial community. The                   C. In addition to the authority
                                               mechanisms that integrate program                       Advisory Council will facilitate the                  otherwise provided in this Order, the
                                               performance and financial data, and                     dissemination of financial policies                   CFO—
                                               facilitate the display of such data in                  established by the CFO to component                      1. Shall have access to all records,
                                               budget documents, financial statements,                 agencies.                                             reports, audits, reviews, documents,
                                               and other pertinent communications.                        e. Execute a Working Capital Fund                  papers, recommendations, or other
                                                 e. In consultation with the CIO,                      (WCF), formulated by the ASAM, and                    materials which are the property of the
                                               ensure financial statements support:                    related accounts offering, as appropriate             Department or which are available to
                                                 1. Assessments and revisions of                       and advantageous to the Department, a                 the Department, and which relate to
                                               mission-related and administrative                      comprehensive program of centralized                  programs and operations with respect to
                                               processes of the Department; and                        services funded by customer agency                    which the CFO has responsibilities;
                                                 2. Measurement of the performance of                  reimbursements in advance.                               2. May request such information or
                                               investments made by the Department in                      f. Provide technical reviews of finance            assistance as may be necessary for
                                               information systems.                                    offices in the DOL and its component                  carrying out the duties and
                                                 5. Financial Management Personnel                     agencies, and oversee component                       responsibilities provided by this Order
                                               Duties                                                  agency financial systems as defined in                from any Federal, State, or local
                                                 a. Provide oversight of, and issue core               the FFMIA.                                            governmental entity; and
                                               requirements and standards related to,                     g. Appraise centralized and                           3. To the extent and in such amounts
                                               component agency financial                              decentralized operations and                          as may be provided in advance by
                                               management personnel.                                   organizations to determine more                       appropriations Acts, may—
                                                 b. Provide policy advice and                          effective and cost-efficient methods of                  a. Enter into contracts and other
                                               assistance to DOL executives, including                 performing required financial functions.              arrangements with public agencies and
                                               component agency heads, on all                             h. Serve as the Department’s Improper              with private persons for the preparation
                                               personnel matters affecting financial                   Payment Reduction Coordinator, with                   of financial statements, studies,
                                               management personnel throughout the                     responsibilities including, but not                   analyses, and other services; and
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                                               DOL and its component agencies, and                     limited to:                                              b. Make such payments as may be
                                               on budget and staffing levels for                          1. Coordinating the establishment of               necessary to carry out the provisions of
                                               component agency financial functions.                   policies and procedures for assessing                 this Order.
                                                 c. Review all proposed personnel                      Departmental, component agency, and                      6. Assignment of Responsibilities to
                                               selections, skill requirements,                         program risks of improper payments;                   Other Individuals
                                               performance standards, and position                        2. Coordinating Departmental,                         A. Unless modified by this Order, the
                                               descriptions for financial management                   component agency, and program                         heads of component Agencies retain


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                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                           24505

                                               previously delegated responsibilities                      7. Communications. In consonance                   Secretary for Administration and
                                               and authority. In the context of the                    with the assignments of responsibility                Management, and Related Matters).
                                               Department’s financial management                       above, the Office of the Chief Financial                 C. This Order does not affect the
                                               program, they are specifically charged                  Officer shall ensure that the Agency                  authorities and responsibilities assigned
                                               with the responsibility to—                             Administrative Officers are apprised of               by any other Secretary’s Order,
                                                  1. In consultation with the CFO and                  communications to component agency                    including without limitation 9–1989
                                               the CIO, define program information                     financial staff. Similarly, component                 (Data Integrity Board), 5–2001 (MRB), 1–
                                               needs and develop strategies, systems,                  agencies shall keep the Chief Financial               2006 (Emergency Management) and 6–
                                               and capabilities to meet those needs.                   Officer apprised of directives and other              2006 (Regional Executive Committees),
                                                  2. Perform transaction and operational               communications affecting their financial              unless otherwise expressly so provided
                                               level financial functions in accordance                 staff.                                                in this or another Order.
                                               with policies, requirements, and                           8. Reservations of Authority                          3. Authority. This Order is issued
                                               procedures established by the CFO.                         A. Unless otherwise stated in this                 pursuant to various authorities detailed
                                                  3. Direct financial staffs and functions             Order, the submission of reports and                  by subject area below:
                                               in their respective component agencies                  recommendations to the President and                     A. Budget. The Budget Enforcement
                                               consistent with those policies and                      the Congress concerning the                           Act of 1990, as amended; the
                                               procedures established by the CFO.                      administration of statutory or                        Congressional Budget Act of 1994; the
                                                  4. Facilitate the CFO’s oversight                    administrative provisions is reserved to              Balanced Budget and Emergency Deficit
                                               responsibilities with respect to financial              the Secretary.                                        Control Act of 1985; 31 U.S.C. Chapter
                                               operations and component agency                            B. Except as provided in Paragraph                 11; Office of Management and Budget
                                               program financial systems by providing                  (5)(D)(1), this Order does not provide to             Circular No. A–11, ‘‘Preparation,
                                               and maintaining system documentation,                   the CFO any access greater than                       Submission, and Execution of the
                                               audit trails, summary or detailed                       permitted under any other law to                      Budget.’’
                                               transaction data, and such other                        records, reports, audits, reviews,                       B. Performance Management. The
                                               information as the CFO may require.                     documents, papers, recommendations,                   Government Performance and Results
                                                  5. Fully solicit, consider, and                      or other material of the Office of                    Act of 1993, as amended, Public Law
                                               cooperate with the CFO in the review of                 Inspector General.                                    103–62; The Reports Consolidation Act
                                               proposed appointment, promotion, and                       9. Redelegations and Transfers of                  of 2000 (Pub. L. 106–531); The Federal
                                               other personnel actions affecting                       Authority. Unless provided otherwise in               Information Security Modernization Act
                                               financial management staff at the GS–15                 this or another Secretary’s Order, the                (FISMA) of 2014, 44 U.S.C. 3551 et seq.;
                                               level and above.                                        authority delegated in this Order may be              OMB Circular No. A–11, Part 6,
                                                  6. Manage grants, procurement,                       redelegated or transferred, as permitted              ‘‘Preparation and Submission of
                                               property, debt management/accounts                      by law or regulation.                                 Strategic Plans, Annual Performance
                                               receivable, and other management                           10. Effective Date. This Order is                  Plans, and Annual Program Performance
                                               systems for their respective component                  effective May 27, 2018.                               Reports.’’
                                               agencies, in a manner consistent with                     Dated: May 14, 2018.                                   C. Employee Safety and Occupational
                                               the CFO’s responsibilities prescribed in                R. Alexander Acosta,                                  Health and Workers’ Compensation
                                               this Order.                                                                                                   Program. Section 19 of the Occupational
                                                                                                       Secretary of Labor.
                                                  B. The Inspector General—                                                                                  Safety and Health Act of 1970; Federal
                                                                                                       [FR Doc. 2018–11123 Filed 5–25–18; 8:45 am]
                                                  1. Retains full responsibility for                                                                         Employees’ Compensation Act;
                                                                                                       BILLING CODE 4510–04–P
                                               previously-delegated budget and                                                                               Executive Order 12196, as amended by
                                               financial management activities                                                                               Executive Order 12223; 20 CFR 10; 29
                                               pertaining to his or her own office, but                                                                      CFR, Part 1960; 5 U.S.C. 7901, et. seq.
                                                                                                       DEPARTMENT OF LABOR
                                               will participate with the CFO in                                                                                 D. Operation and Maintenance of
                                               integrating such delegated assignments                  Secretary’s Order 03–2018—Delegation                  Departmental Buildings. Section 2 of
                                               with the overall financial management                   of Authorities and Assignment of                      Reorganization Plan No. 18 of 1950, 5
                                               program of the Department.                              Responsibilities to the Assistant                     U.S.C. 901; the Federal Property and
                                                  2. Will participate, where appropriate,              Secretary for Administration and                      Administrative Services Act of 1949, 40
                                               in joint reviews with the CFO of                        Management                                            U.S.C. 581; ‘‘the Brooks Act’’, 40 U.S.C.
                                               selected financial management                                                                                 1101 et seq.; Public Building Act of
                                               functions, operations, and systems.                       1. Purpose. To consolidate the                      1959, as amended, 40 U.S.C. 601–611;
                                                  3. Will participate with the CFO in                  delegations of authority and                          40 U.S.C. 3305; The Uniform Relocation
                                               the resolution of audit issues, findings,               assignments of responsibility to the                  and Real Property Acquisition Policies
                                               and recommendations, including those                    Assistant Secretary for Administration                Act of 1970 as amended, 46 U.S.C. 4601
                                               involved in the annual financial                        and Management (ASAM) and to codify                   et seq.; Public Buildings Cooperative
                                               statements, consistent with its statutory               other existing delegations not otherwise              Use Act of 1976, Public Law 94–541;
                                               responsibilities for managing an audit                  the subject of a Secretary’s Order.                   Rural Development Act of 1972, Public
                                               program.                                                  2. Directives Affected.                             Law 92–419, as amended by Section 636
                                                  C. The Solicitor of Labor is                           A. This Order repeals and supersedes                of Division F of Public Law 108–199;
                                               responsible for providing legal advice                  Secretary’s Order 03–2017 (Delegation                 Surface Transportation and Uniform
                                               and assistance to the Secretary, Deputy                 and Assignment of Responsibilities to                 Relocation Assistance Act of 1987 (101
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                                               Secretary, CFO, and all other                           the Assistant Secretary for                           Stat. 132); Energy Independence and
                                               Department of Labor officials who are                   Administration and Management).                       Security Act of 2007, Public Law 110–
                                               assigned responsibilities for                             B. The following Secretary’s Order is               140; Executive Orders 12072, 12411,
                                               implementation of this Order, except as                 referenced herein and remains in effect:              13006, and 13327; Federal Property
                                               provided in Secretary’s Order 4–2006                    2–2009 (Delegation of Authority and                   Management Regulations, 41 CFR
                                               with respect to the Office of Inspector                 Assignment of Responsibility to the                   Chapter 101; Federal Management
                                               General.                                                Chief Acquisition Officer and Assistant               Regulations, 41 CFR 102.


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Document Created: 2018-05-26 00:48:27
Document Modified: 2018-05-26 00:48:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 24502 

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