Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 213 - Powers, purpose and duties.(a) Powers.--The State Inspector General shall have the power to:(1) Make an investigation and report relating to the administration of a program and operation of an executive agency that the State Inspector General determines is necessary. If the State Inspector General determines that a report should be issued, the State Inspector General may consult with the Office of General Counsel or the Attorney General before issuing the report to insure against an adverse impact on a grand jury proceeding or prosecution being conducted by a law enforcement agency.(2) Request information or assistance necessary for carrying out the duties and responsibilities under this article from the Federal Government, an executive agency or a local government agency or a unit of a Federal, State or local government agency.(3) Require and obtain, by written notice from an officer and employee of an executive agency, information, documents, reports, answers, records, accounts, papers and other necessary data and documentary evidence.(4) Have direct and prompt access to the heads of executive agencies if necessary for a purpose pertaining to the performance of functions and responsibilities under this article.(5) Select, appoint and employ individuals necessary for carrying out the functions, powers and duties of the office. The employees shall be employed in accordance with current procedures of the Office of Administration and may be assigned by the State Inspector General to a designated executive agency.(b) Purpose.--The purpose of the Office of State Inspector General is as follows: (1) To deter, detect, prevent and eradicate fraud, waste, misconduct and abuse in a program, operation and contracting of an executive agency.(2) To keep the head of an executive agency and the Governor fully informed about a problem and deficiency relating to the operation or administration of a program or contracts entered into by an executive agency.(3) To provide leadership, coordination and control over satellite Inspector General Offices in a designated executive agency to ensure a coordinated and efficient administration of duties and use of staff. The existing Office of Inspector General in the Department of Transportation shall continue as a satellite Inspector General Office. Each satellite Inspector General Office in an executive agency shall report to and follow the direction of the State Inspector General.(c)Duties.--The State Inspector General shall:(1) Inspect, evaluate, investigate and review the activities, records and individuals with contracts, procurements, grants, agreements and other financial arrangements undertaken by an executive agency for the purposes of identifying fraud, waste, misconduct or abuse. This paragraph shall include all contracts entered into by the Pennsylvania Statewide Radio Network after June 30, 1996.(2) Conduct civil and administrative investigations of a program or operation of an executive agency.(3) Make referrals to the Auditor General for the audit of the economy, efficiency and effectiveness of an executive agency's operations and functions and conduct reviews of the executive agency's compliance with the performance measurement system.(4) Review the reliability and validity of the information provided by an executive agency's performance measures and standards.(5) Provide information and evidence that relates to criminal acts discovered during the course of an investigation into an executive agency to appropriate law enforcement officials.(6) Receive and investigate complaints from a source or upon the State Inspector General's own initiative concerning alleged abuses, frauds and service deficiencies, including deficiencies in the operation and maintenance of an executive agency facility.(7) Engage in prevention activities, including, but not limited to, review of legislation, rules, regulations, policies, procedures and transactions, training and education.(8) Refer matters for further civil, criminal and administrative action to appropriate administrative and prosecutorial agencies.(9) Conduct joint investigations and projects with other oversight or law enforcement agencies that are consistent with the powers and duties contained under this article.(10) Recommend remedial actions to be taken by an executive agency to overcome or correct operating or maintenance deficiencies and inefficiencies that were identified by the State Inspector General.(11) Issue public reports.(12) Maintain information regarding the cost of investigations and cooperate with appropriate administrative and prosecutorial agencies in recovering the costs from nongovernmental entities involved in willful misconduct.(12.1) No later than May 1, 2023, provide a report to the General Assembly regarding the ability of the office to investigate instances of actual or attempted fraud, theft, abuse, falsification of records, illicit payment and identity theft associated with the Unemployment Compensation Program established under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No.1), known as the Unemployment Compensation Law, including supplemental or extended unemployment compensation benefits programs administered by the Department of Labor and Industry under section 608 of the Unemployment Compensation Law. The report shall be done in consultation with the Department of Labor and Industry and shall include:(i) The estimated number of agents necessary to conduct investigations.(ii) The estimated cost for personnel, equipment and other operational needs related to investigations.(iii) The amount of time necessary to hire and train investigators.(iv) How cases would be coordinated with the Internal Audits Division within the Department of Labor and Industry and with other Federal and State law enforcement agencies investigating fraud within the Unemployment Compensation Program.(v) Any Federal or State laws, regulations or guidance that may inhibit the ability to conduct investigations.(vi) An estimate of the amount of fraudulent payments made in unemployment compensation programs in this Commonwealth from March 1, 2020, through September 30, 2022, including the amount of fraudulent payments recovered up to the date of the report's submission.(12.2) Provide the report under paragraph (1) to: (i) The President Pro Tempore of the Senate.(ii) The Speaker of the House of Representatives.(iii) The Majority Leader of the Senate.(iv) The Minority Leader of the Senate.(v) The Majority Leader of the House of Representatives.(vi) The Minority Leader of the House of Representatives.(vii) The chairperson and minority chairperson of the Appropriations Committee of the Senate.(viii) The chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.(ix) The chairperson and minority chairperson of the Labor and Industry Committee of the Senate.(x) The chairperson and minority chairperson of the Labor and Industry Committee of the House of Representatives.(13) Perform other functions necessary to effectuate this article.Amended by P.L. TBD 2022 No. 141, § 1, eff. 1/3/2023.Amended by P.L. TBD 2019 No. 15, § 4, eff. 8/27/2019.Added by P.L. TBD 2017 No. 29, § 1, eff. 9/18/2017.