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Management Reports Issued (continued) - Office of Inspector ...

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April 1, 2012 – September 30, 2012<br />

Semiannual Report to the Congress<br />

Under the <strong>Inspector</strong> General Act, we review<br />

and comment on existing and proposed<br />

legislation and regulations affecting DHS<br />

programs and operations to foster economy and<br />

effciency, and detect fraud, waste, and abuse.<br />

We also participated on the Council <strong>of</strong> <strong>Inspector</strong>s<br />

General on Integrity and Effciency (CIGIE),<br />

which provides a means to comment on existing<br />

and proposed legislation and regulations that have<br />

government-wide impact and will participate in<br />

DHS’ Regulatory Affairs <strong>Management</strong> System<br />

(RAMS) Pilot Program Training.<br />

During this reporting period, we reviewed more<br />

than 100 legislative and regulatory proposals, draft<br />

DHS policy directives, and other matters. For<br />

example, we reviewed and provided comments<br />

to the DHS management on two matters<br />

summarized below.<br />

DHS Delegation No. 19003 to the Offcer for<br />

Civil Rights and Civil Liberties (CRCL) for<br />

Matters Involving Civil Rights and Civil Liberties,<br />

including Equal Employment Opportunity and<br />

Workforce Diversity<br />

We commented that nothing in this delegation is<br />

intended to interfere with the statutory independence<br />

<strong>of</strong> the <strong>Inspector</strong> General or the <strong>Inspector</strong><br />

General’s authority to investigate allegations <strong>of</strong><br />

misconduct, including allegations <strong>of</strong> civil rights<br />

or civil liberties abuses, by DHS employees or<br />

contractors.<br />

Under the <strong>Inspector</strong> General Act 6 U.S.C. § 345;<br />

and 42 U.S.C. § 2000ee-1, CRCL’s authority<br />

to investigate allegations <strong>of</strong> civil rights and civil<br />

liberties abuses by DHS employees and contractors<br />

is subject to OIG’s right <strong>of</strong> first refusal to investigate<br />

such allegations. The suggested language<br />

makes this point clear in the delegation.<br />

The Department’s Executive Offce and<br />

Delegation Task Force accepted our comments<br />

and recommended the Department Secretary’s<br />

approval and signature.<br />

DHS Directive No. 041-042: International<br />

Affairs<br />

The Directive sets forth the delegated authority,<br />

policy, authorities, and responsibilities for<br />

planning, coordinating, and managing international<br />

affairs for the DHS. It is designed<br />

to facilitate the Secretary’s leadership and<br />

management <strong>of</strong> the Department’s activities<br />

involving international affairs and does not<br />

interfere with or inhibit the Offce <strong>of</strong> <strong>Inspector</strong><br />

General’s statutory authority. We commented<br />

that Page 1, Section II.C.5. should be deleted and<br />

replaced with the following language, “Interfere<br />

with or inhibit the Offce <strong>of</strong> <strong>Inspector</strong> General’s<br />

statutory authority.” The Department accepted<br />

our comments, and the Department Secretary<br />

signed the Directive on August 20, 2012.<br />

DHS <strong>Management</strong> Directive No. 110-01 and<br />

DHS Instruction No. 110-01-001: Privacy Policy<br />

for Operational Use <strong>of</strong> Social Media<br />

This Directive and Instruction were newly-issued<br />

in 2012. They establish DHS privacy policy<br />

involving DHS components’ operational use<br />

<strong>of</strong> social media. DHS OIG provided extensive<br />

comments on the proposed Directive and the<br />

accompanying Instruction on matters involving<br />

our equities as well as matters with DHS-wide<br />

implications. We emphasized the importance <strong>of</strong><br />

ensuring that the Directive and Instruction did<br />

not conflict with OIG’s statutory authority. Our<br />

request that language to this effect be added to the<br />

Directive was accepted, and this change, among<br />

others, was incorporated into the final documents.<br />

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