H. R. 5005—86
(1) review and assess information alleging abuses of civil
rights, civil liberties, and racial and ethnic profiling by
employees and officials of the Department; and
(2) make public through the Internet, radio, television,
or newspaper advertisements information on the responsibil-
ities and functions of, and how to contact, the Officer.
(b) REPORT.—The Secretary shall submit to the President
of the Senate, the Speaker of the House of Representatives,
and the appropriate committees and subcommittees of Congress
on an annual basis a report on the implementation of this
section, including the use of funds appropriated to carry out
this section, and detailing any allegations of abuses described
under subsection (a)(1) and any actions taken by the Depart-
ment in response to such allegations.
SEC. 706. CONSOLIDATION AND CO-LOCATION OF OFFICES.
Not later than 1 year after the date of the enactment of this
Act, the Secretary shall develop and submit to Congress a plan
for consolidating and co-locating—
(1) any regional offices or field offices of agencies that
are transferred to the Department under this Act, if such
officers are located in the same municipality; and
(2) portions of regional and field offices of other Federal
agencies, to the extent such offices perform functions that are
transferred to the Secretary under this Act.
TITLE VIII—COORDINATION WITH NON-
FEDERAL ENTITIES; INSPECTOR GEN-
ERAL; UNITED STATES SECRET SERV-
ICE; COAST GUARD; GENERAL PROVI-
SIONS
Subtitle A—Coordination with Non-Federal
Entities
SEC. 801. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINA-
TION.
(a) ESTABLISHMENT.—There is established within the Office
of the Secretary the Office for State and Local Government
Coordination, to oversee and coordinate departmental programs
for and relationships with State and local governments.
(b) RESPONSIBILITIES.—The Office established under subsection
(a) shall—
(1) coordinate the activities of the Department relating
to State and local government;
(2) assess, and advocate for, the resources needed by State
and local government to implement the national strategy for
combating terrorism;
(3) provide State and local government with regular
information, research, and technical support to assist local
efforts at securing the homeland; and
(4) develop a process for receiving meaningful input from
State and local government to assist the development of the
H. R. 5005—87
national strategy for combating terrorism and other homeland
security activities.
Subtitle B—Inspector General
SEC. 811. AUTHORITY OF THE SECRETARY.
(a) IN GENERAL.—Notwithstanding the last two sentences of
section 3(a) of the Inspector General Act of 1978, the Inspector
General shall be under the authority, direction, and control of
the Secretary with respect to audits or investigations, or the
issuance of subpoenas, that require access to sensitive information
concerning—
(1) intelligence, counterintelligence, or counterterrorism
matters;
(2) ongoing criminal investigations or proceedings;
(3) undercover operations;
(4) the identity of confidential sources, including protected
witnesses;
(5) other matters the disclosure of which would, in the
Secretary’s judgment, constitute a serious threat to the protec-
tion of any person or property authorized protection by section
3056 of title 18, United States Code, section 202 of title 3
of such Code, or any provision of the Presidential Protection
Assistance Act of 1976; or
(6) other matters the disclosure of which would, in the
Secretary’s judgment, constitute a serious threat to national
security.
(b) PROHIBITION
OF CERTAIN INVESTIGATIONS.—With respect
to the information described in subsection (a), the Secretary may
prohibit the Inspector General from carrying out or completing
any audit or investigation, or from issuing any subpoena, after
such Inspector General has decided to initiate, carry out, or com-
plete such audit or investigation or to issue such subpoena, if
the Secretary determines that such prohibition is necessary to pre-
vent the disclosure of any information described in subsection (a),
to preserve the national security, or to prevent a significant impair-
ment to the interests of the United States.
(c) NOTIFICATION REQUIRED.—If the Secretary exercises any
power under subsection (a) or (b), the Secretary shall notify the
Inspector General of the Department in writing stating the reasons
for such exercise. Within 30 days after receipt of any such notice,
the Inspector General shall transmit a copy of such notice and
a written response thereto that includes—
(1) a statement as to whether the Inspector General agrees
or disagrees with such exercise; and
(2) the reasons for any disagreement, to the President
of the Senate and the Speaker of the House of Representatives
and to appropriate committees and subcommittees of Congress.
(d) ACCESS TO INFORMATION BY CONGRESS.—The exercise of
authority by the Secretary described in subsection (b) should not
be construed as limiting the right of Congress or any committee
of Congress to access any information it seeks.
(e) OVERSIGHT RESPONSIBILITY.—The Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting after section 8I
the following:
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‘‘SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF HOMELAND
SECURITY
‘‘SEC. 8J. Notwithstanding any other provision of law, in car-
rying out the duties and responsibilities specified in this Act, the
Inspector General of the Department of Homeland Security shall
have oversight responsibility for the internal investigations per-
formed by the Office of Internal Affairs of the United States Cus-
toms Service and the Office of Inspections of the United States
Secret Service. The head of each such office shall promptly report
to the Inspector General the significant activities being carried
out by such office.’’.
SEC. 812. 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 Assist-
ant 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 agen-
cies is insufficient to meet the need for such powers; and
‘‘(C) adequate internal safeguards and management proce-
dures exist to ensure proper exercise of such powers.
‘‘(3) The Inspector General offices of the Department of Com-
merce, Department of Education, Department of Energy, Depart-
ment of Health and Human Services, Department of Homeland
Security, Department of Housing and Urban Development, Depart-
ment 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 Inter-
national Development, Environmental Protection Agency, Federal
Deposit Insurance Corporation, Federal Emergency Management
Agency, General Services Administration, National Aeronautics and
H. R. 5005—89
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 deter-
mination 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 Gen-
eral 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 para-
graph (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 enforce-
ment powers by each Office of Inspector General shall be reviewed
periodically by another Office of Inspector General or by a com-
mittee 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 deputa-
tion.’’.
(b) PROMULGATION OF INITIAL GUIDELINES.—
(1) DEFINITION.—In this subsection, the term ‘‘memoranda
of understanding’’ means the agreements between the Depart-
ment 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