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Inspector General

Number:

DOO 10-13

Effective Date:

2020-10-21

SECTION 1. PURPOSE.

.01This Order prescribes the scope of authority and functions of the Inspector General of the Department of Commerce. The organization of the Office of Inspector General (OIG) is set forthin Department Organization Order 23-1. .02This revision updates the Order to remove descriptions of the OIG organizational structure covered by DOO 23-1, and to otherwise update the Inspector General authority and functions consistent with the Inspector General Act of 1978, as amended.

SECTION 2. STATUS AND LINE OF AUTHORITY.

.01The Inspector General Act of 1978, as amended, 5 U.S.C., Appendix (the IG Act), established in the Department of Commerce (the Department) an Office of Inspector General headed by an Inspector General appointed by the President by and with the advice and consent of the Senate. The IG Act provides that the OIG is to be an independent and objective unit, that the OIG shall be considered a separate agency for certain purposes, and that the Inspector General has the functions, powers, and duties of an agency head or appointing authority for certain purposes. The Inspector General is to report to Congress, and report to the Attorney General when the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. The Inspector General is to report to and be under the general supervision of the Secretary or, to the extent such authority is delegated, the Deputy Secretary only, and the Inspector General may be removed from office only by the President, after notice to the Congress. .02The IG Act further provides that neither the Secretary nor the Deputy Secretary shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation. This proscription applies to all officers and employees of the Department. .03 The Inspector General will have a Deputy Inspector General, who will perform such functions as the Inspector General shall assign or delegate; and shall serve as the Inspector General's principal deputy and perform the functions of the Inspector General in the event the Inspector General is unable to carry out his or her duties, or during a vacancy in the office. .04The Inspector General may delegate his or her authority to any official or employee of the OIG and may authorize redelegation by any such official or employee, subject to such conditions as the Inspector General may prescribe.

SECTION 3. AUTHORITIES AND FUNCTIONS.

.01The Inspector General has the authorities, duties, responsibilities, and functions established by the IG Act. .02The Inspector General shall have for the OIG the same administrative authorities, apart from those established by the IG Act, as are delegated to Secretarial Officers and heads of operating units in Department Administrative Orders and other Departmental rules. .03In response to requests from the Inspector General, the Secretary may from time to time transfer to the Inspector General such further functions, powers, or duties as the Secretary may determine are appropriate to the functions of the OIG and consistent with the purposes of the IG Act, provided that such functions, powers or duties do not constitute program operating responsibilities.

SECTION 4. DEPARTMENTAL POLICIES.

.01The officers and employees of the Department shall cooperate fully with the officials and employees of the OIG and shall provide such information, assistance, and support without delay as is needed for the OIG to properly carry out the provisions of the IG Act. .02The Inspector General will comply with the substantive and procedural rules that are applicable to Departmental organizations and personnel, unless compliance with any particular rule or requirement would prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit, investigation, program evaluation, or inspection, or issuing any subpoena during the course of any such work, or would otherwise impair or interfere with the Inspector General's ability to fulfill his or her responsibilities under the IG Act. In the event of any serious conflict or dispute, the matter may be taken to the Secretary or Deputy Secretary.

SECTION 5. EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 10-13, dated April 26, 2013. Signed by: Secretary of Commerce