Department of the Interior
Effective Date: 9/28/07
Series: Delegation
Part 209: Secretarial Officers
Chapter 10: Inspector General
Originating Office: Office of Inspector General
209 DM 10
10.1 Delegation. Subject to the limitations of 200 DM 1 and
the provisions of the Inspector General Act, the Inspector General is
authorized to exercise all of the authority of the Secretary which is necessary
to carry out the duties and responsibilities set forth in the Inspector General
Act of 1978, as amended, 5 U.S.C.A. App. 3, (the IG Act). This authority includes:
A. The authority to issue amendments of and
additions to the material in the Code of Federal Regulations relating to the Office
of Inspector General (OIG).
B. The
authority to administer the oath of office or any oath required by law in
connection with employment.
C. The
authority to disclose Department records to another agency or instrumentality
of any governmental jurisdiction within or under the control of the United
States for use in civil or criminal law enforcement activity if the activity is
authorized by law, and if the head of the agency or instrumentality has sent a
written request to the Department of the Interior specifying the particular
portion desired and the law enforcement activity for which the record is
sought.
D. The authority to request disclosure of
records from another agency or instrumentality of any governmental jurisdiction
within or under the control of the United States for use in an OIG civil or
criminal law enforcement activity, if the activity is authorized by law and the
Inspector General has reasonable grounds to believe there has been violation of
Federal, State or local law involving Department of the Interior programs,
contracts or grants, or employees.
E. The
authority to implement the Senior Executive Service (SES) personnel management
in the OIG. This includes establishing
an Executive Resources Board and Performance Review Board; and authority to suspend
or remove SES members for reasons of performance only. This does not include the authority to
suspend or remove SES members for conduct reasons. Such suspensions and removals will be
initiated only by the Inspector General with the concurrence of the Secretary.
10.2 Authority to Redelegate. The Inspector General may redelegate the authority delegated in 209 DM 10.1 except where prohibited by statute, Executive Order, or limitations established by other competent authority.
10.3 Deputy Inspector General and Assistant Inspectors General. Under conditions specified by the Inspector General, the Deputy Inspector General and/or Assistant Inspectors General may exercise the authority delegated in 209 DM 10.1 and 209 DM 10.2.
10.4 General Counsel. The General Counsel is the principal legal advisor to the Inspector General and is responsible for and supervises all legal work for the Office of Inspector General. The General Counsel is not, however, the chief legal officer of the Department and his/her legal opinions are not binding on the Department or its programs. Pursuant to 110 DM 2.2A, that role is performed by the Solicitor. When appropriate the General Counsel consults with the Office of the Solicitor on legal matters of mutual interest and to promote consistency of legal interpretation.
9/28/07 #3763
Replaces 5/28/87 #2742