2 U.S.C. § 1909 — Inspector General for the United States

Page 419 TITLE 2—THE CONGRESS § 1909 (2) United States Supreme Court The authority under subsection (a) shall not apply with respect to the admission of any person to practice before the United States Supreme Court. (c) Effective date This section shall apply to fiscal year 2004, and each fiscal year thereafter. (Pub. L. 108–83, title I, § 1002, Sept. 30, 2003, 117 Stat. 1020; Pub. L. 111–145, §§ 3(b)(1), 4(a)(1), Mar. 4, 2010, 124 Stat. 52.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2004. AMENDMENTS 2010—Subsec. (a)(2)(A). Pub. L. 111–145, § 3(b)(1), sub- stituted ‘‘the General Counsel to the Chief of Police and the United States Capitol Police’’ for ‘‘the General Counsel for the United States Capitol Police Board and the Chief of the Capitol Police’’. Subsec. (a)(2)(B). Pub. L. 111–145, § 4(a)(1), substituted ‘‘the Employment Counsel to the Chief of Police and the United States Capitol Police’’ for ‘‘the Employ- ment Counsel for the United States Capitol Police Board and the United States Capitol Police’’. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2010 AMENDMENT Pub. L. 111–145, § 3(b)(2), Mar. 4, 2010, 124 Stat. 52, pro- vided that: ‘‘Nothing in the amendment made by para- graph (1) [amending this section] may be construed to affect the authority of any individual to enter an ap- pearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enact- ment of this Act [Mar. 4, 2010].’’ Pub. L. 111–145, § 4(a)(2), Mar. 4, 2010, 124 Stat. 52, pro- vided that: ‘‘Nothing in the amendment made by para- graph (1) [amending this section] may be construed to affect the authority of any individual to enter an ap- pearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enact- ment of this Act [Mar. 4, 2010].’’ Pub. L. 111–145, § 4(b), Mar. 4, 2010, 124 Stat. 52, pro- vided that: ‘‘Nothing in this section [amending this sec- tion and enacting provisions set out as a note above] or the amendments made by this section may be con- strued to affect the status of the individual serving as the Employment Counsel to the Chief of Police and the United States Capitol Police as of the date of the en- actment of this Act [Mar. 4, 2010].’’ § 1909. Inspector General for the United States Capitol Police (a) Establishment of Office There is established in the United States Cap- itol Police the Office of the Inspector General (hereafter in this section referred to as the ‘‘Of- fice’’), headed by the Inspector General of the United States Capitol Police (hereafter in this section referred to as the ‘‘Inspector General’’). (b) Inspector General (1) Appointment The Inspector General shall be appointed by, and under the general supervision of, the Cap- itol Police Board. The appointment shall be made in consultation with the Inspectors Gen- eral of the Library of Congress, Government Publishing Office, and the Government Ac- countability 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) Term of service The Inspector General shall serve for a term of 5 years, and an individual serving as Inspec- tor General may be reappointed for not more than 2 additional terms. (3) Removal 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 Ad- ministration, the Senate Committee on Rules and Administration and the Committees on Appropriations of the House of Representa- tives and of the Senate. (4) Salary The Inspector General shall be paid at an an- nual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Cap- itol Police. (5) Deadline The Capitol Police Board shall appoint the first Inspector General under this section not later than 180 days after August 2, 2005. (c) Duties (1) Applicability of duties of Inspector General of executive branch establishment The Inspector General shall carry out the same duties and responsibilities with respect to the United States Capitol Police as an In- spector 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) Semiannual reports The Inspector General shall prepare and sub- mit semiannual reports summarizing the ac- tivities 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 pur- poses of applying section 405 of such title to the Inspector General, the Chief of the Capitol Police shall be considered the head of the es- tablishment. The Chief shall, within 30 days of receipt of a report, report to the Capitol Po- lice Board, the Committee on House Adminis- tration, the Senate Committee on Rules and Administration, and the Committees on Ap- propriations of the House of Representatives and of the Senate consistent with section 405(c) of such title. Page 420 TITLE 2—THE CONGRESS § 1909 (3) Investigations of complaints of employees and members (A) Authority The Inspector General may receive and in- vestigate complaints or information from an employee or member of the Capitol Police concerning the possible existence of an ac- tivity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a sub- stantial 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) Nondisclosure The Inspector General shall not, after re- ceipt of a complaint or information from an employee or member, disclose the identity of the employee or member without the con- sent of the employee or member, unless re- quired by law or the Inspector General deter- mines such disclosure is otherwise unavoid- able during the course of the investigation. (C) Prohibiting retaliation An employee or member of the Capitol Po- lice who has authority to take, direct others to take, recommend, or approve any per- sonnel action, shall not, with respect to such authority, take or threaten to take any ac- tion against any employee or member as a reprisal for making a complaint or dis- closing information to the Inspector Gen- eral, 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) Independence in carrying out duties 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 as- signed to the Inspector General under this sec- tion. (d) Powers (1) In general 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) Staff (A) In general The Inspector General may appoint and fix the pay of such personnel as the Inspector General considers appropriate. Such per- sonnel may be appointed without regard to the provisions of title 5 regarding appoint- ments 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 Gen- eral Schedule pay rates, except that no per- sonnel of the Office (other than the Inspec- tor General) may be paid at an annual rate greater than $500 less than the annual rate of pay of the Inspector General under sub- section (b)(4). (B) Experts and consultants The Inspector General may procure tem- porary and intermittent services under sec- tion 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) Independence in appointing staff No individual may carry out any of the du- ties 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 para- graph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other ar- rangement for the provision of services under this section. (D) Applicability of Capitol Police personnel rules None of the regulations governing the ap- pointment and pay of employees of the Cap- itol Police shall apply with respect to the appointment and compensation of the per- sonnel 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) Equipment and supplies The Chief of the Capitol Police shall provide the Office with appropriate and adequate of- fice space, together with such equipment, sup- plies, and communications facilities and serv- ices as determined by the Inspector General to be necessary for the operation of the Office, and shall provide necessary maintenance serv- ices for such office space and the equipment and facilities located therein. (e) Transfer of functions (1) Transfer To the extent that any office or entity in the Capitol Police prior to the appointment of the first Inspector General under this section car- ried 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 ap- pointment of the first Inspector General under this section. (2) No reduction in pay or benefits 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) Effective date This section shall be effective on August 2, 2005. (Pub. L. 109–55, title I, § 1004, Aug. 2, 2005, 119 Stat. 572; Pub. L. 113–235, div. H, title I, § 1301(b), Page 421 TITLE 2—THE CONGRESS § 1911 1 See References in Text note below. Dec. 16, 2014, 128 Stat. 2537; Pub. L. 117–286, § 4(b)(4), Dec. 27, 2022, 136 Stat. 4342.) 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 Appropria- tions Act, 2006. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–286, § 4(b)(4)(A), sub- stituted ‘‘section 404 of title 5,’’ for ‘‘section 4 of the In- spector 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 ‘‘sec- tion 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 au- thority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. § 1910. Report of disbursements (a) In general Not later than 60 days after the last day of each semiannual period, the Chief of the Capitol Police shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the United States Capitol Police. (b) Contents The report required by subsection (a) shall in- clude— (1) the name of each person or entity who re- ceives a payment from the Capitol Police and the amount thereof; (2) a description of any service rendered to the Capitol Police, together with service dates; (3) a statement of all amounts appropriated to, or received or expended by, the Capitol Po- lice and any unexpended balances of such amounts for any open fiscal year; and (4) such additional information as may be re- quired by regulation of the Committee on House Administration of the House of Rep- resentatives or the Committee on Rules and Administration of the Senate. (c) Printing Each report under this section shall be printed as a House document. (d) Effective date This section shall apply with respect to the semiannual periods of October 1 through March 31 and April 1 through September 30 of each year, beginning with the semiannual period in which this section is enacted. (Pub. L. 109–55, title I, § 1005, Aug. 2, 2005, 119 Stat. 575.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2006. § 1911. General Counsel to the Chief of Police and the United States Capitol Police (1) In general There shall be within the United States Cap- itol Police the General Counsel to the Chief of Police and the United States Capitol Police (in this subsection referred to as the ‘‘General Counsel’’), who shall report to and serve at the pleasure of the Chief of the United States Cap- itol Police. (2) Appointment The General Counsel shall be appointed by the Chief of the Capitol Police in accordance with section 1907(e)(1) of this title (as amended by section 2(a)(4)),1 after consultation with the Cap- itol Police Board, without regard to political af- filiation and solely on the basis of fitness to per- form the duties of the position. (3) Compensation (A) In general Subject to subparagraph (B), the annual rate of pay for the General Counsel shall be fixed by the Chief of the Capitol Police. (B) Limitation The annual rate of pay for the General Coun- sel may not exceed an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police. (4) Omitted (5) No effect on current General Counsel Nothing in this section or the amendments made by this section may be construed to affect the status of the individual serving as the Gen- eral Counsel to the Chief of Police and the United States Capitol Police as of March 4, 2010. (Pub. L. 111–145, § 3(a), Mar. 4, 2010, 124 Stat. 51.) Editorial Notes REFERENCES IN TEXT Section 2(a)(4), referred to in par. (2), means section 2(a)(4) of Pub. L. 111–145. For the amendments made by this section, referred to in par. (5), see Codification note below. CODIFICATION Section is comprised of subsec. (a) of section 3 of Pub. L. 111–145. Subsec. (a)(4) of section 3 of Pub. L. 111–145 repealed section 84–2 of this title, now section 5521 of