(a) Any investigating official may:
- (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False Claims Act or other civil proceeding;
- (2) Defer or postpone a report or referral to the reviewing official to avoid interference with a criminal investigation or prosecution; or
- (3) Issue subpoenas under any other statutory authority.
- (b) Nothing in this part limits the requirement that NSF employees report suspected violations of criminal law to the NSF Office of Inspector General or to the Attorney General.