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2016 SESSION
16103382DBe it enacted by the General Assembly of Virginia:
1. That § 2.2-309 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 21 of Title 2.2 a section numbered 2.2-2107 as follows:
§ 2.2-309. Powers and duties of State Inspector General.
A. The State Inspector General shall have power and duty to:
1. Operate and manage the Office and employ such personnel as may be required to carry out the provisions of this chapter;
2. Make and enter contracts and agreements as may be necessary and incidental to carry out the provisions of this chapter and apply for and accept grants from the United States government and agencies and instrumentalities thereof, and any other source, in furtherance of the provisions of this chapter;
3. Receive complaints from whatever source that allege fraud, waste, including task or program duplication, abuse, or corruption by a state agency or nonstate agency or by any officer or employee of the foregoing and determine whether the complaints give reasonable cause to investigate;
4. Receive complaints under § 2.2-2832 from persons alleging retaliation by an officer or employee of a state agency for providing testimony before a committee or subcommittee of the General Assembly and determine whether the complaints give reasonable cause to investigate.
5. Investigate the management and operations of state agencies, nonstate agencies, and independent contractors of state agencies to determine whether acts of fraud, waste, abuse, or corruption have been committed or are being committed by state officers or employees or independent contractors of a state agency or any officers or employees of a nonstate agency, including any allegations of criminal acts affecting the operations of state agencies or nonstate agencies. However, no investigation of an elected official of the Commonwealth to determine whether a criminal violation has occurred, is occurring, or is about to occur under the provisions of § 52-8.1 shall be initiated, undertaken, or continued except upon the request of the Governor, the Attorney General, or a grand jury;
5. 6. Prepare
a detailed report of each investigation stating whether fraud, waste, abuse, or
corruption has been detected. If fraud, waste, abuse, or corruption is
detected, the report shall (i) identify the person committing the wrongful act
or omission, (ii) describe the wrongful act or omission, and (iii) describe any
corrective measures taken by the state agency or nonstate agency in which the
wrongful act or omission was committed to prevent recurrences of similar
actions;
6. 7. Provide
timely notification to the appropriate attorney for the Commonwealth and
law-enforcement agencies whenever the State Inspector General has reasonable
grounds to believe there has been a violation of state criminal law;
7. 8. Administer
the Fraud and Abuse Whistle Blower Reward Fund created pursuant to § 2.2-3014;
8. 9. Oversee
the Fraud, Waste and Abuse Hotline;
9. 10. Conduct
performance reviews of state agencies to assess the efficiency, effectiveness,
or economy of programs and to ascertain, among other things, that sums
appropriated have been or are being expended for the purposes for which the
appropriation was made and prepare a report for each performance review
detailing any findings or recommendations for improving the efficiency,
effectiveness, or economy of state agencies, including recommending changes in
the law to the Governor and the General Assembly that are necessary to address
such findings;
10. 11. Coordinate
and require standards for those internal audit programs in existence as of July
1, 2012, and for other internal audit programs in state agencies and nonstate
agencies as needed in order to ensure that the Commonwealth's assets are
subject to appropriate internal management controls;
11. 12. As
deemed necessary, assess the condition of the accounting, financial, and
administrative controls of state agencies and nonstate agencies and make
recommendations to protect the Commonwealth's assets;
12. 13. Assist
agency internal auditing programs with technical auditing issues and coordinate
and provide training to the Commonwealth's internal auditors;
13. 14. Assist
citizens in understanding their rights and the processes available to them to
express concerns regarding the activities of a state agency or nonstate agency
or any officer or employee of the foregoing;
14. 15. Maintain
data on inquiries received, the types of assistance requested, any actions
taken, and the disposition of each such matter;
15. 16. Upon
request, assist citizens in using the procedures and processes available to
express concerns regarding the activities of a state or nonstate agency or any
officer or employee of the foregoing;
16. 17. Ensure
that citizens have access to the services provided by the State Inspector
General and that citizens receive timely responses to their inquiries from the
State Inspector General or his representatives; and
17. 18. Do
all acts necessary or convenient to carry out the purposes of this chapter.
B. If the State Inspector General receives a complaint from whatever source that alleges fraud, waste, abuse, or corruption by a public institution of higher education or any of its officers or employees, the State Inspector General shall, but for reasonable and articulable causes, refer the complaint to the internal audit department of the public institution of higher education for investigation. However, if the complaint concerns the president of the institution or its internal audit department, the investigation shall be conducted by the State Inspector General. The State Inspector General may provide assistance for investigations as may be requested by the public institution of higher education.
The public institution of higher education shall provide periodic updates on the status of any investigation and make the results of any such investigation available to the State Inspector General.
§ 2.2-2832. Retaliatory actions against persons providing testimony before a committee or subcommittee of the General Assembly.
A. No officer or employee of a state agency shall use his public position to retaliate or threaten to retaliate against a person providing testimony before a committee or subcommittee of the General Assembly.
B. Any person who believes that he is the subject of retaliatory action by an officer or employee of a state agency on account of testimony that he provided before a committee or subcommittee of the General Assembly may file a complaint with the Office of the Inspector General.
C. Intentional violation of this section by an officer or employee of a state agency shall constitute malfeasance in office and shall subject the officer or employee responsible to suspension or removal from office, as may be provided by law in other cases of malfeasance.