ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

44 U.S.C. § 3903 — Duties, responsibilities, authority, and reports

submitted 38 years ago by Pub. L. 100-504 to r/title-44-PUBLIC-PRINTING-AND-DOCUMENTS · 1,080 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives the GPO Inspector General specified employment, law-enforcement, oversight, and reporting authorities.

(a) The title 5 provisions on Inspector General authorities, with the stated exception for section 406(a)(7) and (8), apply to the GPO Inspector General and Office. They apply to GPO and its Director by replacing “establishment” with “Government Publishing Office” and “head of the establishment” with “Director of the Government Publishing Office.” (b) The Inspector General may independently select, appoint, and employ necessary officers and employees, subject to GPO employment law, personnel-security and suitability rules, and the consultant requirements in the cited Inspector General Act. (c)(1) Subject to paragraph (2), a supervisory special agent and an agent supervised by one may, during authorized official duties under this chapter or another statute, arrest without a warrant for an offense against the United States committed in the agent’s presence, or for a Federal felony the agent reasonably believes the person committed or is committing. The agent may also seek and execute arrest, premises-search, and evidence-seizure warrants issued under United States authority when there is probable cause to believe a violation was committed, and may carry a firearm during authorized official duties under this chapter or another statute. (2)(A) To use those powers, the agent must certify United States citizenship, completion of basic law-enforcement, military, or equivalent training, and no Federal firearm prohibition, including one based on a misdemeanor domestic-violence conviction. After notifying the listed congressional committees, the Inspector General may add certification requirements. (B) The Inspector General must maintain firearm requirements, including quarterly qualifications, and use-of-force training generally consistent with Council of Inspectors General policies incorporating Justice Department guidelines, except as the Inspector General finds necessary for GPO duties. (C) The Inspector General decides whether requirements are met and must revoke authority for noncompliance; may restore it after compliance. A revocation is not reviewable unless it causes an adverse action, which the person may elect to have reviewed under otherwise applicable procedures. (3) Before first granting authority and every six months afterward in the required report, the Inspector General must certify to the listed House and Senate committees that adequate safeguards and management procedures exist and generally comply with Council standards and Justice guidelines. The Inspector General may suspend all authority if reporting or review requirements are not met and must report a suspension. (4) The Office must join the Council’s external review process. Another Inspector General or committee must periodically review the powers, and the results must be written to the Inspector General, Council, and committees. (5) The Council Integrity Committee may review misconduct allegations. (6) The appropriate committees are the Senate Rules and Administration and Appropriations Committees and the House Administration and Appropriations Committees. (d) The GPO Director must include the Inspector General’s annual budget request unchanged in GPO’s budget.

the actual law source: uscode.house.gov ↗public domain
(a)

Sections 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.).1

(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.

Source credit: (Added Pub. L. 100–504, title II, § 202, Oct. 18, 1988, 102 Stat. 2531; amended Pub. L. 113–235, div. H, title I, § 1301(b), (c)(1), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 116–94, div. P, title XVI, §§ 1603(c), 1604(c), 1605(c), Dec. 20, 2019, 133 Stat. 3216, 3219, 3220; Pub. L. 117–286, § 4(b)(90), Dec. 27, 2022, 136 Stat. 4352.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-504 · 102 Stat. 2531
  • 2014Amended · Pub. L. 113-235 · 128 Stat. 2537
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 3216, 3219, 3220
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4352

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-504 on 1988-10-18.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case