Page 4 – Delegation of Authority

# MEMORANDUM

TO:The Inspector General 

FROM:The Secretary

SUBJECT:Delegation to the Inspector General to Provide for Increased Independence for the Office of Inspector General (OIG)

I.DELEGATIONS

By the authority vested in me by section 412 of the Department of Education Organization Act, 20 U.S.C. § 3472, I delegate to you, or anyone serving for you in an acting capacity or delegated to perform the functions and duties of your position, the authorities described below.  I delegate to you:

A. The authority under 5 U.S.C. § 5547(b)(3) and 5 C.F.R. § 550.106(b) to waive the biweekly pay limitation for an OIG employee performing overtime work, provided that you notify the Deputy Secretary of your determination that the overtime work performed is critical to the OIG’s mission.

B. The authority under 41 C.F.R. § 304-5 to approve and accept payment from non-Federal sources for travel, subsistence, and related expenses with respect to an OIG employee attending a meeting or similar function relating to the official duties of the employee; and the authority to act as the Approving Official for such approvals required under Administrative Communications System (ACS) Handbook OCIO-16 (Handbook for Travel Policy) and ACS Directive OCIO:1-107 (Acceptance of Payment for Official Travel  from a Non-Federal Source (In-Kind Travel)) for OIG travel, provided that you shall provide information to the Department’s Designated Agency Ethics Official consistent with reporting requirements of the Office of Government Ethics. 

C. The authority to approve premium class travel, cash travel advances, actual subsistence expenses over the total allowable per diem rate, and international travel of OIG employees in accordance with the Federal Travel Regulations, 41 C.F.R. §§ 300-304; and the authority to act as the Approving Official for such approvals required under ACS Handbook OCIO-16 (Handbook for Travel Policy) for OIG employee travel.  This authority is in addition to the authority previously delegated to Principal Officers under Department Delegation EI/GEN/15 (Authority to Approve Travel within the Continental United States and “Non-Foreign” Travel areas; Authority to Certify Travel Authorization and Travel Vouchers, and Authority to Approve Direct Flights as Indicated by the Federal Travel Regulations).

D. The authority under ACS Directive OCIO: 3-109 (ED Social Media Policy) to authorize use of social media products, profiles, accounts, and websites used solely by the OIG, and enter into agreements for use of social media platforms and applications used solely by the OIG, provided that you coordinate with the Office of the Chief Information Officer.

E. The authority to approve OIG web content under “ED.gov Management and Publishing Policies” (http://www2.ed.gov/internal/wwwstds.html), including approvals to post high profile and sensitive material, such as investigative reports, provided that you notify the Office of Communications and Outreach of such high profile and sensitive material 48 hours prior to posting, to the extent possible. 

F. The authority to allocate funds used to hire private sector temporary employees and to approve the hiring of private sector temporaries under PMI 300-7 (Use of Private Sector Temporaries) within OIG and paid exclusively from funds appropriated to the OIG, provided that you shall notify the Office of Management (OM) of such payments.  

G. The authority to approve under PMI 537-1 (Repayment of Federal Student Loans) repayment of Federal student loans for OIG employees made exclusively from funds appropriated to the OIG, provided that you shall notify OM of such payments.  

H. The authority to approve recruitment bonuses, relocation bonuses, and retention allowances under PMI 575-2 (Recruitment Bonuses), PMI 575-3 (Relocation Bonuses), and PMI 575-4 (Retention Allowances) for OIG employees made exclusively from funds appropriated to the OIG, provided that you shall notify OM of such approvals.   

I. The authority to approve initial pay-setting determinations based on appointments to Senior Level and Scientific and Professional positions under PMI 534-1 (Pay Under the Senior Level and Scientific and Professional Systems) for OIG employees paid exclusively from funds appropriated to the OIG, provided that you shall notify OM of such approvals.  

J. The authority to approve expert and consultant requests under PMI 304-1 (Employment of Experts and Consultants) made within OIG and paid exclusively from funds appropriated to the OIG, provided that you shall notify OM of such approvals.

K. The authority to approve requests to appoint staff within OIG and paid exclusively from funds appropriated to the OIG under term authority under PMI 316-1 (Term Employment), provided that you shall notify OM of such approvals.  

L. The authority to approve interagency agreements that involve a transfer of funds under ACS Directive OPEPD:1-101 (Interagency Agreements) for agreements between the OIG and another Federal agency, except for details, which is covered under subsection M below, provided that you shall notify the Office of the General Counsel (OGC) and Budget Service five (5) business days prior to executing the agreement. 

M. The authority to approve under PMI 300-2 (Details of ED Employees) details of OIG employees to other Federal entities (not including OIG employees hired under the Pathways Program), provided that you shall notify OM of such approvals, and shall seek approval from the Office of Personnel Management for any details falling under 5 C.F.R. § 300.301(c).

N. The authority under ACS Directive OM:1-102 (Delegations of Authority) to certify delegations of authority within the OIG, provided that this authority shall not apply to delegations to the OIG by a Department official external to the OIG, and provided that you shall notify OM of such delegations.

O. The authority to approve reorganization proposals under ACS Directive OM:1-103 (Organizational Control System) for reorganizations within the OIG, provided that you shall notify OM of such approvals.

II.AMENDMENT OF DELEGATIONS

By the authority vested in me by section 412 of the Department of Education Organization Act, 20 U.S.C. § 3472, I amend the following delegations:

P. Department Delegation EA/EF/58 (Authority described in 34 C.F.R. Part 8 regarding demands issued to Departmental employees for testimony or records in legal proceedings).  The paragraph under Section I (Delegation) is revised as follows:  “Under the authority vested in me by section 412 of the Department of Education Organization Act (DEOA) (Public Law 96-88), 20 U.S.C. 3472, I hereby delegate to you for employees in the Office of Inspector General the authority described in 34 C.F.R. Part 8 regarding demands issued to Office of Inspector General employees for testifying or for Office of Inspector General-originated records in legal proceedings.”  The paragraph under Section II (Reservation) is revised as follows: “The authority should be exercised with notification to the Office of the General Counsel.”

Q. Department Delegation EA/EF/82 (Authority to Accept Gifts of Travel Provided by ED Employees).  The second sentence of the paragraph under Section II (Reservation) is revised as follows: “Notification shall be provided to the Office of the General Counsel of acceptance of gifts covered by this delegation that have a fair market value over $500.”

III.RESERVATIONS

The following authority is reserved to the Secretary or can be acted on by OIG with the approval of the Secretary:  Approving the implementation in the Office of Inspector General of administrative policies or procedures or actions discussed above that increase the cost of operations for other parts of the Department.

With regard to any matters that materially contravene Department of Education administrative policies or procedures, the Office of the Secretary must be notified in advance, at a mutually agreed-upon time.

IV.REDELEGATION

To the extent legally permitted, you may redelegate the authorities provided herein.  

V.CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Principal Delegations Control Officer.  

_________-s-__________ 

        Arne Duncan

OGC Clearance and Date:  Tracey Sasser, 7/19/2013

Certification Date:  July 25, 2013

Departmental Delegations Control Officer: Bruce L. Monblatt

Control Number:  EA/EF/197