[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Pages S10749-S10751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                INSPECTOR GENERAL ACT OF 1978 AMENDMENT

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 443, S. 2530.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2530) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. THOMPSON. Mr. President, I am pleased that the Senate is taking 
up S. 2530, a bill to provide statutory law enforcement authority for 
certain Inspectors General, which I have introduced along with Senator 
Lieberman. In July of 2000, the Governmental Affairs Committee held a 
hearing on Inspector General issues. Among the issues addressed in that 
hearing was the need for statutory law enforcement authority. This bill 
was reported favorably by the committee on June 25, 2002 without 
opposition.
  Currently there are 23 Offices of Inspector General whose qualified 
law enforcement agents are deputized by the Attorney General on a 
periodic basis. Over the last five years, IGs have been responsible for 
over 25,000 successful criminal prosecutions, over $12 billion in 
investigative recoveries, and over 35,000 suspensions and debarments 
based on their investigations. In addition, they have played key roles 
in numerous joint task forces with Federal, State and local law 
enforcement officials. Under the current system, the Attorney General 
must renew each of these law enforcement deputations periodically.
  Unfortunately, there are some problems that exist under the current 
regime. First, the deputation process places a heavy burden on the U.S. 
Marshals Service. The Marshals Service is given responsibility for 
2,500 IG agents without sufficient resources to conduct proper 
oversight. In addition, as we learned at our hearing, gaps in the 
renewal process could compromise ongoing investigations. Finally, many 
are concerned that the current blanket deputation process could leave 
an agent's actions open to legal challenge.
  This bill would remedy these problems without conferring any 
additional authorities on the IGs. And it provides for more oversight 
than currently exists under the deputation process. Specifically, it 
requires that the IGs conduct periodic peer reviews of their use of law 
enforcement authority and to provide reports from those reviews to the 
relevant IG as well as the Attorney General. Those peer reviews are not 
currently required under the deputation process. If the Attorney 
General determines than an IG no longer needs law enforcement 
authority, or that an IG has violated relevant guidelines, then that 
authority can be rescinded. Simply put, by making the process 
statutory, we will solidify a process already in place, provide for 
more oversight of the law enforcement authority than currently exists, 
and relieve some unnecessary administrative burdens.
  In addition, I believe that the bill is even more important in light 
of the events of September 11. The IGs provided valuable personnel and 
law enforcement assistance in the months following the tragedy. They 
served as sky marshals while permanent personnel were being trained. 
They helped the FBI run down leads in its followup investigation. And 
they worked within their own agencies to provide information about 
individuals on the FBI's watch list. The IG community's law enforcement 
agents provide a valuable

[[Page S10750]]

service to this country, on top of the valuable service they provide 
every day, and they deserve to be recognized for what they are--
valuable law enforcement agents.
  I am pleased that the Department of Justice and the Federal Bureau of 
Investigation have written to me in support of the legislation. The 
Justice Department suggested one change in the legislation--that the 
Attorney General be allowed to rescind law enforcement authority for 
individual agents as well as for entire offices--and I am happy to add 
that provision. I am gratified that the Senate will move forward with 
this important legislation and send it to the House.
  I ask unanimous consent that a copy of each of these letters be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                            Department of Justice,


                                Office of Legislative Affairs,

                               Washington, DC, September 30, 2002.
     Hon. Fred Thompson,
     Ranking Minority Member, Committee on Governmental Affairs, 
         U.S. Senate, Washington, DC.
       Dear Senator Thompson: This responds to your request for 
     the views of the Department of Justice on S. 2530, a bill 
     ``[t]o 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.'' 
     Subject to the concern outlined below, we support enactment 
     of this legislation.
       Under administrative procedures that are currently in 
     place, Inspector General agents are granted ``blanket special 
     deputations'' (including law enforcement authorities, such as 
     the authority to make arrests and to carry firearms) by the 
     Attorney General. As part of this program, the Attorney 
     General is able to rescind or suspend the police powers of 
     individual Inspector General agents for failure to comply 
     with guidelines governing the exercise of the special 
     deputation police powers that the Attorney General has 
     granted. Proposed section 6(e)(5) of the Inspector General 
     Act, however, only permits the Attorney General to rescind or 
     suspend the police powers of an entire Office of Inspector 
     General upon a determination that the respective Office has 
     not complied with applicable guidelines promulgated by the 
     Attorney General. Because such an action against an entire 
     Office of Inspector General could severely disrupt numerous 
     ongoing criminal investigations, such an enforcement 
     mechanism is neither desirable nor practicable. Accordingly, 
     we strongly recommend that the Attorney General's current 
     authority to suspend police powers of individual agents for 
     failures to comply with applicable Attorney General 
     guidelines or standards be incorporated in the bill as an 
     important component of the oversight of the respective 
     Inspectors General offices.
       Thank you for the opportunity to present our views 
     regarding this legislation. If we may be of additional 
     assistance, we trust that you will not hesitate to call upon 
     us. The Office of Management and Budget has advised that 
     there is no objection from the standpoint of the 
     Administration's program to the presentation of this report.
           Sincerely,
                                                 Daniel J. Bryant,
     Assistant Attorney General.
                                  ____

                                            Department of Justice,


                              Federal Bureau of Investigation,

                                  Washington, DC, October 4, 2002.
     Hon. Fred Thompson
     Ranking Minority Member, Committee on Governmental Affairs, 
         U.S. Senate, Washington, DC.
       Dear Senator Thompson: The Federal Bureau of Investigation 
     supports the passage of S. 2530, a bill ``[t]o 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.'' The FBI reviewed the bill and 
     made some recommendations which were forwarded to the 
     Department of Justice. The Department of Justice has 
     forwarded its recommendations to you.
           Sincerely,
                                           Robert S. Mueller, III,
                                                         Director.

  Mr. REID. Mr. President, I ask unanimous consent that the Thompson 
amendment at the desk be agreed to, the bill, as amended, be read a 
third time and passed, the motion to reconsider be laid upon the table, 
with no intervening action or debate, and that any statements relating 
to this measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4893) was agreed to, as follows:

 (Purpose: To provide that the Attorney General may rescind or suspend 
    certain authority with respect to an individual, and for other 
                               purposes)

       On page 4, strike lines 15 through 22, and insert the 
     following:
       ``(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).

  The bill (S. 2530), as amended, was read a third time and passed. as 
follows:

                                S. 2530

       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

[[Page S10751]]

     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.

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