44 U.S.C. § 3903: Duties, responsibilities…

Summary

Several personnel and oversight rules in Title 5 (sections 404, 405, 406 except for two small parts, and 407) now apply to the Inspector General (IG) of the Government Publishing Office (GPO) and the IG’s office. Where those rules say “establishment” or “head of the establishment,” they mean the Government Publishing Office and the Director of the Government Publishing Office. The IG may hire officers and employees needed for the office without approval from other GPO officials, but hiring must follow the GPO’s personnel, security, and suitability rules. Any consultant hires must follow section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.). The Director must include the IG’s annual budget request unchanged in the GPO budget. Supervisory special agents and the agents they supervise may, while on duty, make arrests without a warrant for offenses in their presence or for felonies if they have reasonable grounds, seek and execute federal warrants, and carry firearms. To have those powers, an agent must certify U.S. citizenship, completion of basic law enforcement or equivalent training, and that federal gun rules do not bar them from having a firearm (including under 18 U.S.C. 922(g)(9)). The IG can add requirements after notifying the appropriate committees of Congress. The IG must keep firearms and use-of-force training (including quarterly gun qualifications) in line with Council of the Inspectors General on Integrity and Efficiency (CIGIE) policies that follow Department of Justice guidance, unless the IG decides otherwise. The IG decides who meets the rules, can revoke or restore an individual’s authority, and must certify to the appropriate congressional committees before first granting these powers and twice a year that proper safeguards and procedures exist. The IG’s office must join CIGIE’s external review process, and any suspension of authority or review results must be reported to the committees. Allegations of agent misconduct may be reviewed by CIGIE’s Integrity Committee. The “appropriate committees of Congress” are the Senate Committees on Rules and Administration and Appropriations, and the House Committees on House Administration and Appropriations.

Title 44, §3903

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(a)section 404, 405, 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5 shall apply to the Inspector General of the Government Publishing Office and the Office of such Inspector General and such sections shall be applied to the Government Publishing Office and the Director of the Government Publishing Office by substituting—

(1)“Government Publishing Office” for “establishment”; and

(2)“Director of the Government Publishing Office” for “head of the establishment”.

(b)(1)The Inspector General, in carrying out the provisions of this chapter, is authorized, without the supervision or approval of any other employee, office, or other entity within the Government Publishing Office, to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of this title governing selections, appointments, and employment in the Government Publishing Office (and any regulations thereunder).

(2)Appointments under the authority under paragraph (1) shall be made consistent with personnel security and suitability requirements.

(3)Any appointment of a consultant under the authority under paragraph (1) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).

(c)(1)Subject to paragraph (2), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to—

(A)make an arrest without a warrant while engaged in official duties as authorized under this chapter or any other statute for any offense against the United States committed in the presence of such supervisory special agent or special agent, or for any felony cognizable under the laws of the United States if such supervisory special agent or special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony;

(B)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; and

(C)carry a firearm while engaged in official duties as authorized under this chapter or any other statute.

(2)(A)(i)In order to exercise the authority under paragraph (1), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she—

(I)is a citizen of the United States;

(II)has successfully completed a basic law enforcement training program or military or other equivalent; and

(III)is not prohibited from receiving a firearm under Federal law, including under section 922(g)(9) of title 18, United States Code, because of a conviction of a misdemeanor crime of domestic violence.

(ii)After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under clause (i), as determined appropriate by the Inspector General.

(B)The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines.

(C)(i)The Inspector General shall—

(I)determine whether an individual meets the requirements under this subsection; and

(II)revoke any authority granted to an individual under paragraph (1) if the individual is not in compliance with the requirements of this subsection.

(ii)The Inspector General may reauthorize an individual to exercise the authority granted under paragraph (1) if the Inspector General determines the individual has achieved compliance with the requirements under this subsection.

(iii)A revocation of the authority granted under paragraph (1) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures.

(3)(A)Before the first grant of authority under paragraph (1), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.),1 the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this subsection.

(B)The authority granted under this subsection (including any grant of authority to an individual under paragraph (1), without regard to whether the individual is in compliance with paragraph (2)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under subparagraph (A) of this paragraph or paragraph (4). Any suspension of authority under this subparagraph shall be reported to the appropriate committees of Congress.

(4)To ensure the proper exercise of the law enforcement powers authorized under this subsection, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress.

(5)Any allegation of misconduct by an individual granted authority under paragraph (1) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.

(6)In this subsection, the term “appropriate committees of Congress” means—

(A)the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and

(B)the Committee on House Administration and the Committee on Appropriations of the House of Representatives.

(d)The Director of the Government Publishing Office shall include the annual budget request of the Inspector General in the budget of the Government Publishing Office without change.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsecs. (b)(3) and (c)(3)(A), are section 5 and 6(a)(8) of Pub. L. 95–452, which were set out in the Appendix to Title 5, Government Organization and Employees, and were repealed and restated as section 405 and 406(a)(8), respectively, of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4212, 4219, 4361.

Amendments

2022—Subsec. (a). Pub. L. 117–286 substituted “section 404, 405, 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5” for “section 4, 5, 6 (other than subsection (a)(7) and (8) thereof), and 7 of the Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3)” in introductory provisions. 2019—Subsec. (b). Pub. L. 116–94, § 1605(c), designated existing provisions as par. (1), inserted “, without the supervision or approval of any other employee, office, or other entity within the Government Publishing Office,” after “is authorized”, and added pars. (2) and (3). Subsec. (c). Pub. L. 116–94, § 1603(c), added subsec. (c). Subsec. (d). Pub. L. 116–94, § 1604(c), added subsec. (d). 2014—Subsec. (a). Pub. L. 113–235, § 1301(c)(1), substituted “Director of the Government Publishing Office” for “Public Printer” in introductory provisions and par. (2).

Statutory Notes and Related Subsidiaries

Change of Name

“Government Publishing Office” substituted for “Government Printing Office” wherever appearing in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of this title.

Effective Date

Section effective 180 days after Oct. 18, 1988, see section 206 of 100–504, set out as a note under section 3901 of this title.

§3903 Duties, Responsibilities, Authority, and Reports