Page:United States Statutes at Large Volume 116 Part 3.djvu/630

 116 STAT. 2222 PUBLIC LAW 107-296—NOV. 25, 2002 "SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF HOMELAND SECURITY "SEC. 8J. Notwithstanding any other provision of law, in carrying 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 performed by the Office of Internal Affairs of the United States Customs 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 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 Homeland Security, 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

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