S. 2530 (107th): A bill to amend the Inspector General Act of 1978 (5 U.S.C. App.) to establish police powers ...
...for certain Inspector General agents engaged in official duties and provide an oversight mechanism for the exercise of those powers.
S 2530 RFH
IN THE HOUSE OF REPRESENTATIVES
October 21, 2002
October 21, 2002
Referred to the Committee on Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Inspector General Act of 1978 (5 U.S.C. App.) to establish police powers for certain Inspector General agents engaged in official duties and provide an oversight mechanism for the exercise of those powers.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
(a) IN GENERAL- Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
‘(e)(1) In addition to the authority otherwise provided by this Act, each Inspector General appointed under section 3, any Assistant Inspector General for Investigations under such an Inspector General, and any special agent supervised by such an Assistant Inspector General may be authorized by the Attorney General to--
‘(A) carry a firearm while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General;
‘(B) make an arrest without a warrant while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General, for any offense against the United States committed in the presence of such Inspector General, Assistant Inspector General, or agent, or for any felony cognizable under the laws of the United States if such Inspector General, Assistant Inspector General, or agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and
‘(C) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed.
‘(2) The Attorney General may authorize exercise of the powers under this subsection only upon an initial determination that--
‘(A) the affected Office of Inspector General is significantly hampered in the performance of responsibilities established by this Act as a result of the lack of such powers;
‘(B) available assistance from other law enforcement agencies is insufficient to meet the need for such powers; and
‘(C) adequate internal safeguards and management procedures exist to ensure proper exercise of such powers.
‘(3) The Inspector General offices of the Department of Commerce, Department of Education, Department of Energy, Department of Health and Human Services, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans Affairs, Agency for International Development, Environmental Protection Agency, Federal Deposit Insurance Corporation, Federal Emergency Management Agency, General Services Administration, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Office of Personnel Management, Railroad Retirement Board, Small Business Administration, Social Security Administration, and the Tennessee Valley Authority are exempt from the requirement of paragraph (2) of an initial determination of eligibility by the Attorney General.
‘(4) The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1).
‘(5)(A) Powers authorized for an Office of Inspector General under paragraph (1) may be rescinded or suspended upon a determination by the Attorney General that any of the requirements under paragraph (2) is no longer satisfied or that the exercise of authorized powers by that Office of Inspector General has not complied with the guidelines promulgated by the Attorney General under paragraph (4).
‘(B) Powers authorized to be exercised by any individual under paragraph (1) may be rescinded or suspended with respect to that individual upon a determination by the Attorney General that such individual has not complied with guidelines promulgated by the Attorney General under paragraph (4).
‘(6) A determination by the Attorney General under paragraph (2) or (5) shall not be reviewable in or by any court.
‘(7) To ensure the proper exercise of the law enforcement powers authorized by this subsection, the Offices of Inspector General described under paragraph (3) shall, not later than 180 days after the date of enactment of this subsection, collectively enter into a memorandum of understanding to establish an external review process for ensuring that adequate internal safeguards and management procedures continue to exist within each Office and within any Office that later receives an authorization under paragraph (2). The review process shall be established in consultation with the Attorney General, who shall be provided with a copy of the memorandum of understanding that establishes the review process. Under the review process, the exercise of the law enforcement powers by each Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the applicable Inspector General and to the Attorney General.
‘(8) No provision of this subsection shall limit the exercise of law enforcement powers established under any other statutory authority, including United States Marshals Service special deputation.’.
(b) PROMULGATION OF INITIAL GUIDELINES-
(1) DEFINITION- In this subsection, the term ‘memoranda of understanding’ means the agreements between the Department of Justice and the Inspector General offices described under section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C. App) (as added by subsection (a) of this section) that--
(A) are in effect on the date of enactment of this Act; and
(B) authorize such offices to exercise authority that is the same or similar to the authority under section 6(e)(1) of such Act.
(2) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate guidelines under section 6(e)(4) of the Inspector General Act of 1978 (5 U.S.C. App) (as added by subsection (a) of this section) applicable to the Inspector General offices described under section 6(e)(3) of that Act.
(3) MINIMUM REQUIREMENTS- The guidelines promulgated under this subsection shall include, at a minimum, the operational and training requirements in the memoranda of understanding.
(4) NO LAPSE OF AUTHORITY- The memoranda of understanding in effect on the date of enactment of this Act shall remain in effect until the guidelines promulgated under this subsection take effect.
(c) EFFECTIVE DATES-
(1) IN GENERAL- Subsection (a) shall take effect 180 days after the date of enactment of this Act.
(2) INITIAL GUIDELINES- Subsection (b) shall take effect on the date of enactment of this Act.
Passed the Senate October 17, 2002.