§1909 — Title 2 The Congress | U.S. Code

Summary

Creates an Office of the Inspector General inside the United States Capitol Police and puts one person in charge called the Inspector General. Definitions: "Office" — the Inspector General’s office. "Inspector General" — the person who leads it. The Capitol Police Board must pick the Inspector General after talking with the Inspectors General of the Library of Congress, Government Publishing Office, and the Government Accountability Office. The choice must be based on integrity and skills (like accounting, auditing, law, or investigations), not politics. The term is 5 years and can be renewed up to two more times. The Inspector General can only be removed early by a unanimous vote of the Board, and the Board must tell the House and Senate committees named why. The first Inspector General had to be hired within 180 days after August 2, 2005. Pay is set at $1,000 less than the Chief of the Capitol Police. The Inspector General must do the same audits, investigations, and reports other federal Inspectors General do under title 5. They must send semiannual reports and the Chief must forward those reports within 30 days to the Board and to the House and Senate committees named. The Inspector General can take and investigate complaints from Capitol Police employees, keep the complainant’s identity secret unless allowed or required to reveal it, and protect employees from retaliation for reporting unless the report was known to be false. No one may stop the Inspector General from doing their job. The Inspector General may hire staff and set pay rules outside normal Capitol Police hiring laws, but no staff (except the Inspector General) may earn more than $500 less than the Inspector General. The Inspector General may buy temporary services up to the pay rate for Executive Schedule level IV. The Chief must provide office space, equipment, communications, and maintenance the Office needs. Any prior office doing these jobs must transfer those functions to the new Office without cutting employee pay or benefits except as allowed. The law took effect on August 2, 2005.

Title 2, §1909

The Congress — Source: USLM XML via OLRC

(a)There is established in the United States Capitol Police the Office of the Inspector General (hereafter in this section referred to as the “Office”), headed by the Inspector General of the United States Capitol Police (hereafter in this section referred to as the “Inspector General”).

(b)(1)The Inspector General shall be appointed by, and under the general supervision of, the Capitol Police Board. The appointment shall be made in consultation with the Inspectors General of the Library of Congress, Government Publishing Office, and the Government Accountability Office. The Capitol Police Board shall appoint the Inspector General without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.

(2)The Inspector General shall serve for a term of 5 years, and an individual serving as Inspector General may be reappointed for not more than 2 additional terms.

(3)The Inspector General may be removed from office prior to the expiration of his term only by the unanimous vote of all of the voting members of the Capitol Police Board, and the Board shall communicate the reasons for any such removal to the Committee on House Administration, the Senate Committee on Rules and Administration and the Committees on Appropriations of the House of Representatives and of the Senate.

(4)The Inspector General shall be paid at an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police.

(5)The Capitol Police Board shall appoint the first Inspector General under this section not later than 180 days after August 2, 2005.

(c)(1)The Inspector General shall carry out the same duties and responsibilities with respect to the United States Capitol Police as an Inspector General of an establishment carries out with respect to an establishment under section 404 of title 5, under the same terms and conditions which apply under such section.

(2)The Inspector General shall prepare and submit semiannual reports summarizing the activities of the Office in the same manner, and in accordance with the same deadlines, terms, and conditions, as an Inspector General of an establishment under section 405 (other than subsection (b)(13) thereof) of title 5. For purposes of applying section 405 of such title to the Inspector General, the Chief of the Capitol Police shall be considered the head of the establishment. The Chief shall, within 30 days of receipt of a report, report to the Capitol Police Board, the Committee on House Administration, the Senate Committee on Rules and Administration, and the Committees on Appropriations of the House of Representatives and of the Senate consistent with section 405(c) of such title.

(3)(A)The Inspector General may receive and investigate complaints or information from an employee or member of the Capitol Police concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety, including complaints or information the investigation of which is under the jurisdiction of the Internal Affairs Division of the Capitol Police as of August 2, 2005.

(B)The Inspector General shall not, after receipt of a complaint or information from an employee or member, disclose the identity of the employee or member without the consent of the employee or member, unless required by law or the Inspector General determines such disclosure is otherwise unavoidable during the course of the investigation.

(C)An employee or member of the Capitol Police who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee or member as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(4)Neither the Capitol Police Board, the Chief of the Capitol Police, nor any other member or employee of the Capitol Police may prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities assigned to the Inspector General under this section.

(d)(1)The Inspector General may exercise the same authorities with respect to the United States Capitol Police as an Inspector General of an establishment may exercise with respect to an establishment under section 406(a) of title 5, other than paragraphs (7) and (8) of such section.

(2)(A)The Inspector General may appoint and fix the pay of such personnel as the Inspector General considers appropriate. Such personnel may be appointed without regard to the provisions of title 5 regarding appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no personnel of the Office (other than the Inspector General) may be paid at an annual rate greater than $500 less than the annual rate of pay of the Inspector General under subsection (b)(4).

(B)The Inspector General may procure temporary and intermittent services under section 3109 of title 5 at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title.

(C)No individual may carry out any of the duties or responsibilities of the Office unless the individual is appointed by the Inspector General, or provides services procured by the Inspector General, pursuant to this paragraph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other arrangement for the provision of services under this section.

(D)None of the regulations governing the appointment and pay of employees of the Capitol Police shall apply with respect to the appointment and compensation of the personnel of the Office, except to the extent agreed to by the Inspector General. Nothing in the previous sentence may be construed to affect subparagraphs (A) through (C).

(3)The Chief of the Capitol Police shall provide the Office with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as determined by the Inspector General to be necessary for the operation of the Office, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein.

(e)(1)To the extent that any office or entity in the Capitol Police prior to the appointment of the first Inspector General under this section carried out any of the duties and responsibilities assigned to the Inspector General under this section, the functions of such office or entity shall be transferred to the Office upon the appointment of the first Inspector General under this section.

(2)The transfer of the functions of an office or entity to the Office under paragraph (1) may not result in a reduction in the pay or benefits of any employee of the office or entity, except to the extent required under subsection (d)(2)(A).

(f)This section shall be effective on August 2, 2005.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The provisions of title 5 regarding appointments in the competitive service, referred to in subsec. (d)(2)(A), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. Codification Section is comprised of section 1004 of Pub. L. 109–55. Subsec. (g) of section 1004 of Pub. L. 109–55 amended section 1903 of this title. Section is from the Legislative Branch Appropriations Act, 2006.

Amendments

2022—Subsec. (c)(1). Pub. L. 117–286, § 4(b)(4)(A), substituted “section 404 of title 5,” for “section 4 of the Inspector General Act of 1978, (5 U.S.C. App. 4),”. Subsec. (c)(2). Pub. L. 117–286, § 4(b)(4)(B), substituted “section 405 (other than subsection (b)(13) thereof) of title 5.” for “section 5 (other than subsection (a)(13) thereof) of the Inspector General Act of 1978, (5 U.S.C. App. 5).”, “section 405 of such title” for “section 5 of such Act”, and “section 405(c) of such title.” for “section 5(b) of such Act.” Subsec. (d)(1). Pub. L. 117–286, § 4(b)(4)(C), substituted “section 406(a) of title 5, other than paragraphs (7) and (8) of such section.” for “section 6(a) of the Inspector General Act of 1978, (5 U.S.C. App. 6(a)), other than paragraphs (7) and (8) of such section.”

Statutory Notes and Related Subsidiaries

Change of Name

“Government Publishing Office” substituted for “Government Printing Office” in subsec. (b)(1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

§1909 Inspector General for the United States Capitol Police