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[Senate Report 106-470]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 902
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-470
_______________________________________________________________________

AMENDING 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

                               __________

                              R E P O R T

                                 of the

         COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE

                              to accompany

                                S. 3144

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

October 3 (legislative day, September 22), 2000.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
79-010                     WASHINGTON : 2000

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware       JOSEPH I. LIEBERMAN, Connecticut
TED STEVENS, Alaska                  CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine              DANIEL K. AKAKA, Hawaii
GEORGE VOINOVICH, Ohio               RICHARD J. DURBIN, Illinois
PETE V. DOMENICI, New Mexico         ROBERT G. TORRICELLI, New Jersey
THAD COCHRAN, Mississippi            MAX CLELAND, Georgia
ARLEN SPECTER, Pennsylvania          JOHN EDWARDS, North Carolina
JUDD GREGG, New Hampshire
             Hannah S. Sistare, Staff Director and Counsel
               William M. Outhier, Investigative Counsel
                         Henry R. Wray, Counsel
      Joyce A. Rechtschaffen, Minority Staff Director and Counsel
                   Kenneth R. Boley, Minority Counsel
                     Darla D. Cassell, Chief Clerk
                                                       Calendar No. 902
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-470

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AMENDING 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

                                _______
                                

October 3 (legislative day, September 22), 2000.--Ordered to be printed

                                _______
                                

Mr. Thompson, from the Committee on Governmental Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 3144]

    The Committee on Governmental Affairs, to which was 
referred the bill (S. 3144) to amend the Inspector General Act 
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, having 
considered the same, reports favorably thereon without an 
amendment recommends that the bill do pass.

                                CONTENTS

  I. Purpose and summary..............................................1
 II. Background and need for legislation..............................2
III. Legislative history and committee consideration..................4
 IV. Section-by-section analysis......................................4
  V. Regulatory impact statement......................................7
 VI. CBO cost estimate................................................7
VII. Changes in existing law..........................................8

                         I. Purpose and Summary

    S. 3144 provides specific statutory authority for the 
Attorney General to grant certain law enforcement powers to 
presidentially-appointed Federal inspectors general (IGs) and 
their investigative personnel. The purposes of the bill are to 
alleviate administrative burdens, provide additional oversight 
of the use of law enforcement authority by IGs, and to ensure 
that criminal investigations are not interrupted by lapses in 
the current deputation process.

                II. Background and Need for Legislation

     A. HISTORY OF LAW ENFORCEMENT AUTHORITY FOR INSPECTORS GENERAL

    Criminal investigators for the IGs covered by S. 3144 have 
been exercising law enforcement authorities for many years 
under designations as Special Deputy U.S. Marshals. Beginning 
in the mid-1980s the Department of Justice approved these 
deputations on a case-by-case basis. However, as the role of 
IGs has evolved, the need for such appointments was so 
consistent and the volume of requests so large that ``blanket'' 
deputations evolved, deputizing all criminal investigators in a 
particular IG office in a single action. Since 1995, virtually 
all criminal investigators in the offices of the 23 covered IGs 
have exercised law enforcement authorities in cases under 
office-wide deputations. These deputations are renewed 
biannually.
    Each time that an IG office receives a blanket deputation, 
it enters into a Memorandum of Understanding (MOU) with the 
Department of Justice and the FBI. These MOUs provide the 
training and operational requirements by which the deputized 
agents must abide. Failure to follow the guidelines contained 
in the MOUs could result in rescission of the deputation for 
the IG office.
    Currently, there are approximately 2,800 criminal 
investigators in the offices of presidentially-appointed IGs. 
According to testimony before the Committee, in the last 
decade, the IGs achieved more than 122,000 successful criminal 
prosecutions and were awarded over $13 billion in investigative 
recoveries. In addition, federal agencies took more than 19,000 
personnel actions based on IG investigations during the same 
period.

                B. PROBLEMS WITH THE DEPUTATION PROCESS

    Lack of oversight. Because the deputation is renewed 
biannually, the Attorney General and the FBI are provided with 
the opportunity every two years to make a determination whether 
each specific IG office continues to require law enforcement 
authority and is using it appropriately. However, information 
received by the Committee indicates that these biannual reviews 
are cursory. Beyond the renewal process, there is no current 
review of the use of the law enforcement authority by the IGs.
    Delays in the renewal process. Biannual renewal of law 
enforcement authority can result in delays that could endanger 
ongoing criminal investigations. In fact, the Committee 
received information that in at least one case a criminal 
investigation was delayed while paperwork to renew a deputation 
was being completed.
    Burden of oversight and administration on the U.S. Marshals 
Service. One of the reasons for the lack of oversight of use of 
the law enforcement authority by the IGs is the extensive 
burden placed on the U.S. Marshals Service. There are 
approximately 2,800 qualified IG agents currently deputized. 
Testimony before the Committee revealed that it is not possible 
for the Marshals Service to maintain proper oversight over all 
of the deputized agents in the IG offices. Further, the 
administrative burden is great.
    Potential liability. Concerns were raised before the 
Committee that the blanket deputation process could lead 
defendants to challenge actions taken by agents pursuant to 
their law enforcement authority. To date, no such challenges 
have been made.

                      C. NEED FOR THE LEGISLATION

    S. 3144 would address each of the problems associated with 
the current deputation process.
    Additional oversight. S. 3144 requires that the IG offices 
listed in the statute collectively enter into an MOU, in 
consultation with the Attorney General, to establish an 
external review process for ensuring that adequate internal 
safeguards and management procedures continue to exist within 
each office and any IG offices that later receive the 
authority. The results of the periodic peer reviews must be 
communicated in writing to the applicable IG and to the 
Attorney General.The Attorney General is also required to 
promulgate guidelines which shall govern the exercise of law 
enforcement powers established in S. 3144. Historically, the FBI has 
been involved in drafting the guidelines contained in the MOUs that 
have governed the grant of authority by deputation. The Committee 
expects that the Attorney General will continue to consult with the 
Director of the FBI when promulgating guidelines pursuant to S. 3144. 
The Committee understands from representatives of the Department of 
Justice, including the FBI, and the IG community that the MOUs that 
have governed the use of the authority granted by deputation are 
acceptable. Therefore, the Committee expects that the guidelines 
initially promulgated pursuant to S. 3144 will, at a minimum, contain 
the training and operational provisions in the MOUs. The operational 
provisions in the guidelines should at least include the MOUs' current 
parameters for notification, referral, and coordination, and for 
adherence to the Attorney General guidelines on General Crimes, 
Racketeering Enterprise, and Domestic Security/Terrorism Investigations 
and the Attorney General guidelines on sensitive investigative 
techniques, including undercover officers and sensitive targets.
    The Attorney General will retain the authority to suspend 
or rescind law enforcement authority upon determining that the 
work of a particular IG office would not be hampered without 
the authority, that available assistance from other law 
enforcement agencies is sufficient to meet its law enforcement 
needs, that adequate internal safeguards and management 
procedures do not exist to ensure proper exercise of its 
authority, or that the IG office has not complied with the 
guidelines promulgated pursuant to S. 3144. The peer review 
process established under S. 3144 should provide the Attorney 
General with more information to make such a determination than 
is now available under the deputation process.
    Elimination of delays in the renewal process. Because there 
will no longer be a need to renew an IG office's deputation, 
there will no longer be any danger that the renewal process 
will interrupt an ongoing criminal investigation.
    Burden of oversight and administration on the U.S. Marshals 
Service. S. 3144 would end the deputation process currently in 
place and therefore remove the existing burden on the U.S. 
Marshals Service.
    Potential liability. Once the law enforcement authority for 
the affected IG offices is in statute, there will be no 
question as to the validity of actions taken pursuant to the 
Inspector General Act and relevant guidelines.

  III. Legislative History and Committee Consideration Amendments and 
                            Committee Action

    On July 19, 2000, the Committee on Governmental Affairs 
held a hearing to consider a legislative proposal to grant 
statutory law enforcement authority to presidentially-appointed 
IGs. The witnesses were the Honorable Joshua Gotbaum, Executive 
Associate Director and Controller of the U.S. Office of 
Management and Budget, the Honorable Gaston L. Gianni, Jr., 
Inspector General of the Federal Deposit Insurance Corporation 
and Vice Chair of the President's Council on Integrity and 
Efficiency, the Honorable Patrick E. McFarland, Inspector 
General of the U.S. Office of Personnel Management, the 
Honorable Kenneth Mead, Inspector General of the U.S. 
Department of Transportation, and Nicholas M. Gess, Associate 
Deputy Attorney General, U.S. Department of Justice. In 
addition, Committee staff conducted numerous interviews with 
interested parties. On September 27, 2000, the Committee on 
Governmental Affairs considered this legislative proposal and, 
by unanimous voice vote, ordered it reported as an original 
bill. That bill is S. 3144.

                    IV. Section-by-Section Analysis

    Section 1(a) of S. 3144 amends the Inspector General Act of 
1978 (IG Act), 5 U.S.C. App., by adding a new subsection 6(e) 
to that Act. The new subsection 6(e) establishes a statutory 
basis for the exercise of law enforcement powers by IG 
investigative personnel of the type they now are provided 
administratively through United States Marshals Service 
deputations.
    Enumeration of law enforcement powers and their 
limitations. Paragraph (1) of the new subsection 6(e) of the IG 
Act provides that the Attorney General may authorize eligible 
IG personnel to:
          (A) carry a firearm while engaged in official duties 
        conducted under the IG Act or another statute, or as 
        expressly authorized by the Attorney General;
          (B) make an arrest without a warrant while engaged in 
        official duties under the IG Act or another statute, or 
        as expressly authorized by the Attorney General, for 
        any offense against the United States committed in 
        their presence, or for any felony cognizable under the 
        laws of the United States if they have reasonable 
        grounds to believe that the person to be arrested has 
        committed or is committing such an offense or 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.
    These law enforcement powers may be granted to IGs who are 
appointed by the President under section 3 of the IG Act, their 
subordinate Assistant IGs for Investigations, and special 
agents supervised by their Assistant IGs for Investigations. 
The term ``special agent'' is used to refer to individuals in 
the Office of Personnel Management official occupational 
classification ``Series 1811 Criminal Investigator.''
    The authority does not extend to Assistant IGs for Audit or 
other IG audit personnel. Existing authorities in the IG Act, 
including administrative subpoena power, have been adequate for 
the conduct of auditing activities without the need for the law 
enforcement powers covered by subsection 6(e). Nor does the 
authority extend to IGs who are appointed by their agency 
heads. There have been legislative proposals to convert agency-
appointed IGs to presidentially-appointed status and to create 
additional presidentially-appointed IG positions in federal 
organizations that do not now have an IG. Any new 
presidentially-appointed IG would beeligible for Attorney 
General authorization of law enforcement powers under subsection 6(e), 
regardless of whether their office was established before or after 
enactment of S. 3144.
    The law enforcement powers under subparagraphs (1)(A) and 
(B) are restricted to eligible agents ``while engaged in 
official duties.'' This reflects the view that limited-
jurisdiction federal agents generally should not be authorized 
to carry firearms or make warrantless arrests while off-duty. 
This limitation continues the current blanket deputation MOU 
prohibition against carrying firearms and making arrests while 
agents are on leave or otherwise off-duty.
    Paragraph (1) makes clear that it supplements authority 
otherwise provided by statute. It is not intended to limit in 
any way IG powers already established. By the same token, the 
bill does not expand the investigative jurisdiction of any IG's 
office. Law enforcement powers are authorized only for 
investigative activities within the scope of the IG Act or 
other statute, or as expressly authorized by the Attorney 
General.
    Attorney General determination of need. Paragraph (2) of 
subsection 6(e) establishes standards for the Attorney 
General's initial determination of whether IG offices have 
needs sufficient to justify the grant of law enforcement 
powers. The standards require that all of the following 
conditions be met:
          (A) an IG office is significantly hampered in the 
        performance of its responsibilities by the lack of such 
        powers;
          (B) 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 the proper exercise of such 
        powers.
    These standards are derived from the 1984 Guidelines for 
Legislation Involving Federal Criminal Law Enforcement 
Authority, which have been applied by the executive branch 
since that time to evaluate any request for new federal 
statutory law enforcement powers for existing or proposed 
federal entities.
    The term ``initial determination'' is used to signify that 
the Attorney General's review is a single event for each IG 
office, and that there will not be a periodic Attorney General 
reauthorization process. The lack of periodic reauthorization 
is a significant distinction between the bill and the current 
deputation process.
    Exemption of deputized IG offices from determination of 
need. Paragraph (3) of subsection 6(e) exempts from the 
requirement for an Attorney General initial determination of 
need the specified 23 IG offices that now exercise law 
enforcement powers through deputation. These offices have 
already met the standards of section 6(e)(2), described above.
    Guidelines for the exercise of law enforcement powers. 
Paragraph (4) requires the Attorney General to promulgate, and 
revise as appropriate, guidelines to govern the exercise of the 
law enforcement powers granted under subsection 6(e). Attorney 
General guidelines, incorporated into the MOUs negotiated as 
part of the deputation process, currently govern the 23 
deputized IG offices. The intent of paragraph (4) is, in 
essence, is to carry forward the current guidelines. The term 
``guidelines'' is used to make clear that these are not 
regulations subject to public notice, comment, or rulemaking 
procedures under the Administrative Procedure Act.
    Suspension or rescission of law enforcement powers. 
Paragraph (5) of subsection 6(e) requires the Attorney General 
to suspend or rescind law enforcement powers of any IG office 
that no longer satisfies the eligibility requirements of 
paragraph (2) or that has not complied with the guidelines 
promulgated under paragraph (4).
    Exemptions from judicial review. Paragraph (6) of 
subsection 6(e) precludes judicial review of determinations by 
the Attorney General under paragraph (2) or (5). Department of 
Justice oversight of the exercise of law enforcement powers by 
IG offices is an executive branch administrative process. It is 
not intended to create third party rights or to raise issues 
appropriate for litigation.
    External reviews. Paragraph (7) of subsection 6(e) requires 
the IG offices that already have been granted law enforcement 
powers to establish a periodic external review process to 
ensure that they have adequate internal safeguards and 
management procedures for the exercise of those powers. The 
same review process is to apply to any IG office that later 
receives such powers under subsection 6(e). The external review 
process will be conducted by members of the IG community. It 
must be established in an MOU among the IGs within 180 days 
following the enactment of S. 3144. The review process is to be 
developed in consultation with the Attorney General, who shall 
be provided a copy of the MOU that establishes it. The results 
of each review shall be communicated to the applicable IG and 
to the Attorney General.
    Limitation on the scope of section 6(e). Paragraph (8) of 
subsection 6(e) provides that none of its provisions shall 
limit the exercise of law enforcement powers established 
pursuant to other statutory authority, including Marshals 
Service special deputations. Specific case and matter special 
deputation remains available for IG agents, at the discretion 
of the Department of Justice, and may be used for agents or 
offices not authorized to exercise law enforcement powers under 
subsection 6(e); for operations beyond the scope of subsection 
6(e); and for operations between the date of enactment of the 
bill and authorization of IG offices under subsection 6(e). 
Some agencies have agency-specific statutory law enforcement 
powers, which will not be affected by subsection 6(e). For 
example, the Defense Criminal Investigative Service of the 
Department of Defense and the IG office at the Department of 
Agriculture exercise law enforcement powers established by 
agency-specific statutes.
    Promulgation of initial guidelines. Subsection 1(b) of S. 
3144 contains additional provisions governing the guidelines 
promulgated by the Attorney General under section 6(e)(4) of 
the IG Act as they relate to the MOUs that now govern the 
exercise of law enforcement powers by the 23 IG offices 
referred to in paragraph 6(e)(3). It requires that the Attorney 
General promulgate guidelines for these offices not later than 
180 days after the date of enactment of the bill. It further 
requires that the guidelines include, at a minimum, the 
operational and training requirements in the memoranda of 
understanding governing these offices. Finally, subsection 1(b) 
provides that the current memoranda of understanding will 
remain in effect until the guidelines under section 6(e)(4) 
have been promulgated.
    Effective dates. Subsection 1(c)(1) of S. 3144 provides 
that the provisions of subsection (a) of the bill, which add 
section 6(e) of the IG Act, shall become effective 180 days 
after the date of enactment of the bill. Subsection 1(c)(2) 
provides that subsection 1(b) of the bill, dealing with the 
initial Attorney General guidelines, shall take effect on the 
date of enactment.

                     V. Regulatory Impact Statement

    Pursuant to paragraph 11(b) of rule XXVI of the Standing 
Rules of the Senate, the Committee has considered the 
regulatory impact that would be incurred in carrying out the 
bill. The Committee finds that enactment of the bill will not 
have significant regulatory impact.

                         VI. CBO Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 3, 2000.
Hon. Fred Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                        Steven M. Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

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

    The bill would amend the Inspector General Act of 1978 to 
authorize investigative agents in offices of federal inspectors 
general to exercise certain law enforcement powers, such as 
carrying a firearm and seeking and executing warrants for 
arrests. Investigative agents have exercised such powers since 
the mid-1980s through the granting of special deputy status by 
the U.S. Marshals Service. The legislation would codify those 
powers and remove the responsibility for authorizing and 
overseeing the use of such powers from the Marshals Service. 
Under the bill, the individual inspector general (IG) offices 
would be responsible for supervising and controlling the day-
to-day use of the enforcement powers, with the Attorney General 
providing additional oversight. In addition, the bill would 
require IG offices to enter into an interagency memorandum of 
understanding to establish a process to periodically peer 
review the exercise of the law enforcement powers by each 
office.
    Because the bill would codify powers already exercised by 
IG offices, and replace one system of review and oversight with 
another, CBO estimates that implementing it would have no 
significant effect on federal costs. The bill would not affect 
direct spending or receipts, so pay-as-you-go procedures would 
not apply. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is John R. Righter. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      VII. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 3144, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

       TITLE V--GOVERNMENT ORGANIZATION AND EMPLOYEES APPENDICES

           *       *       *       *       *       *       *

                     INSPECTOR GENERAL ACT OF 1978

           *       *       *       *       *       *       *

SEC. 6. AUTHORITY OF INSPECTOR GENERAL; INFORMATION AND ASSISTANCE FROM 
                    FEDERAL AGENCIES; UNREASONABLE REFUSAL; OFFICE 
                    SPACE AND EQUIPMENT

           *       *       *       *       *       *       *

    (e)(1) In addition to the authority otherwise provided by 
this Act, each Inspector General appointed under section 3, any 
Assistant Inspectors 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 
        conducted 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 conducted under this Act or other 
        statute, or as expressly authorized by the Attorney 
        General, for any offense against the United States 
        committed in their 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 
        its 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, and Social Security Administration 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) Powers authorized for an Office of Inspector General 
under paragraph (1) shall 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).
    (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.

                                  
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