2 U.S.C. § 185 — Inspector General of the Library of Congress
submitted 21 years ago by Pub. L. 109-55 to r/title-2-THE-CONGRESS · 1,853 words · no verdicts yet
This law creates an independent Inspector General office inside the Library of Congress. The Inspector General audits the Library, investigates problems, and reports to Congress and the Librarian. It also sets pay, removal rules, and limited law-enforcement powers for IG agents.
(a) Short title: This section can be called the "Library of Congress Inspector General Act of 2005."
(b) Office of Inspector General: The Library of Congress has an independent Office of Inspector General. Its jobs are to: (1) audit and investigate matters related to the Library — except violent incidents or personal property, and except anything involving the Capitol Police; (2) recommend policies to make the Library run better, more efficiently, and more effectively; and (3) keep the Librarian and Congress informed about problems in how the Library is run.
(c) Appointment, supervision, removal, pay, bonuses, counsel: (1) The Librarian of Congress appoints the Inspector General, based only on skill and integrity — not politics. The Inspector General reports to the Librarian, but the Librarian cannot stop the Inspector General from starting or finishing an audit or investigation, issuing a subpoena, or issuing a report. (2) The Librarian can remove or transfer the Inspector General, but must tell four congressional committees in writing why, at least 30 days before doing so. Other normal personnel actions (besides removal or transfer) are still allowed. (3) The Inspector General's job is graded above GS-15 pay level, and must be paid at least the average of what other above-GS-15 Library employees earn. The Librarian sets yearly pay raises to match the average raise given to those other employees. (4) The Inspector General can't get any cash bonus or award. (5) The Inspector General must get legal advice from a lawyer who reports directly to the Inspector General, or to another Inspector General.
(d) Duties, responsibilities, authority, and reports: (1) Several sections of Title 5 (about inspectors general generally) apply here, with "Library of Congress" standing in for "establishment" and "Librarian of Congress" standing in for "head of the establishment." (2) The Inspector General can hire staff and consultants needed for the office's work, without needing anyone else's approval — but hires must still meet the Library's normal security and background-check rules, and consultants must follow federal Inspector General Act rules. (3) Law enforcement authority: Special agents supervised by the Inspector General can, while on official duty, make arrests without a warrant for crimes committed in their presence, or for felonies they have good reason to believe someone committed; get and carry out arrest, search, and seizure warrants; and carry firearms. To use these powers, an agent must certify they are a U.S. citizen, completed law enforcement training, and aren't barred from having a firearm (for example, due to a domestic-violence misdemeanor). The Inspector General can add more certification requirements after telling Congress. The Inspector General must keep firearms and use-of-force training in line with national inspector-general standards. The Inspector General decides who qualifies for these powers and can take that authority away if someone stops meeting the requirements — that decision usually can't be appealed, unless it counts as a broader "adverse action." Before using these powers for the first time, and twice a year after that, the Inspector General must certify to Congress that proper safeguards are in place. This authority can be suspended if the office doesn't meet its reporting duties. An outside peer-review process must check how these law-enforcement powers are used, and any misconduct claims can be reviewed by an oversight integrity committee. (4) The Librarian must submit the Inspector General's budget request to Congress without changing it.
(e) Transfers: All the people, jobs, and money of the Library's old Office of Investigations move to the new Office of Inspector General.
(f) Incumbent: Whoever was serving as Inspector General on August 2, 2005, keeps the job, but can still be removed under this section's rules.
(g) References: Any other law, order, rule, or document that refers to the Library of Congress's Inspector General means the Inspector General described in this section.
(h) Effective date: This section took effect on August 2, 2005.
This section may be cited as the “Library of Congress Inspector General Act of 2005”.
There is an Office of Inspector General within the Library of Congress which is an independent objective office to—
conduct and supervise audits and investigations (excluding incidents involving violence and personal property) relating to the Library of Congress, except that nothing in this paragraph may be construed to authorize the Inspector General to audit or investigate any operations or activities of the United States Capitol Police;
provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; and
provide a means of keeping the Librarian of Congress and the Congress fully and currently informed about problems and deficiencies relating to the administration and operations of the Library of Congress.
There shall be at the head of the Office of Inspector General, an Inspector General who shall be appointed by the Librarian of Congress 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. The Inspector General shall report to, and be under the general supervision of, the Librarian of Congress.
The Librarian of Congress shall have no authority to prevent or prohibit the Inspector General from—
initiating, carrying out, or completing any audit or investigation;
issuing any subpoena during the course of any audit or investigation; or
issuing any report.
The Inspector General may be removed from office, or transferred to another position within, or another location of, the Library of Congress, by the Librarian of Congress.
Not later than 30 days before the Librarian of Congress removes or transfers the Inspector General under subparagraph (A), the Librarian of Congress shall communicate in writing the reason for the removal or transfer to—
the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and
the Committee on Rules and Administration and the Committee on Appropriations of the Senate.
Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.
The position of Inspector General shall—
be classified as a position above GS–15 in accordance with section 5108 of title 5; and
have a rate of basic pay that is not less than the average rate of basic pay of all other employees in positions classified as above GS–15 of the Library of Congress calculated on an annual basis.
The Librarian of Congress shall establish the amount of the annual adjustment in the rate of basic pay for the Inspector General in an amount equal to the average of the annual adjustments in the rate of basic pay provided to all other employees in positions classified as above GS–15 of the Library of Congress, in a manner consistent with section 5376 of title 5.
The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5.
The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Library of Congress, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.
Sections 404, 405 (other than subsection (b)(13)), 406(a) (other than paragraphs (7) and (8) thereof),1 and 407 of title 5 shall apply to the Inspector General of the Library of Congress and the Office of such Inspector General and such sections shall be applied to the Library of Congress and the Librarian of Congress by substituting—
“Library of Congress” for “establishment”; and
“Librarian of Congress” for “head of the establishment”.
The Inspector General, in carrying out the provisions of this section, is authorized, without the supervision or approval of any other employee, office, or other entity within the Library of Congress, to select, appoint, and employ such officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of law governing selections, appointments, and employment in the Library of Congress.
Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements.
Any appointment of a consultant under the authority under subparagraph (A) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).1
Subject to subparagraph (B), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to—
make an arrest without a warrant while engaged in official duties as authorized under this section 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;
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
carry a firearm while engaged in official duties as authorized under this section or any other statute.
In order to exercise the authority under subparagraph (A), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she—
is a citizen of the United States;
has successfully completed a basic law enforcement training program or military or other equivalent; and
is not prohibited from receiving a firearm under Federal law, including under section 922(g)(9) of title 18, because of a conviction of a misdemeanor crime of domestic violence.
After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General.
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.
The Inspector General shall—
determine whether an individual meets the requirements under this paragraph; and
revoke any authority granted to an individual under subparagraph (A) if the individual is not in compliance with the requirements of this paragraph.
The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph.
A revocation of the authority granted under subparagraph (A) 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.
Before the first grant of authority under subparagraph (A), 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 paragraph.
The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this clause shall be reported to the appropriate committees of Congress.
To ensure the proper exercise of the law enforcement powers authorized under this paragraph, 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.
Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.
In this paragraph, the term “appropriate committees of Congress” means—
the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and
the Committee on House Administration and the Committee on Appropriations of the House of Representatives.
The Librarian of Congress shall include the annual budget request of the Inspector General in the budget of the Library of Congress without change.
All functions, personnel, and budget resources of the Office of Investigations of the Library of Congress are transferred to the Office of Inspector General.
The individual who serves in the position of Inspector General of the Library of Congress on August 2, 2005, shall continue to serve in that position, subject to removal in accordance with this section.
References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Inspector General of the Library of Congress shall be deemed to refer to the Inspector General of the Library of Congress as set forth under this section.
This section shall be effective on August 2, 2005.
Source credit: (Pub. L. 109–55, title I, § 1307, Aug. 2, 2005, 119 Stat. 583; Pub. L. 110–161, div. H, title I, § 1004(d)(3), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, § 4(c), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54; Pub. L. 116–94, div. P, title XVI, §§ 1602(a), 1603(a), 1604(a)(1), 1605(a), Dec. 20, 2019, 133 Stat. 3209, 3212, 3218, 3219; Pub. L. 117–286, § 4(b)(1), Dec. 27, 2022, 136 Stat. 4342.)
- 2005Enacted · Pub. L. 109-55 · 119 Stat. 583
- 2007Amended · Pub. L. 110-161 · 121 Stat. 2234
- 2008Amended · Pub. L. 110-178 · 121 Stat. 2552
- 2010Amended · Pub. L. 111-145 · 124 Stat. 54
- 2019Amended · Pub. L. 116-94 · 133 Stat. 3209, 3212, 3218, 3219
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4342
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-55 on 2005-08-02.
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