Us Code § 3903 - Duties, responsibilities, authority, and reports
Full text of Us Code United States Code § 3903 — Duties, responsibilities, authority, and reports, with citation guidance and answers to common questions.
§ 3903. Duties, responsibilities, authority, and reports
(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.
(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.)
Editorial Notes
References in Text
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsecs. (b)(3) and (c)(3)(A), are sections 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 sections 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 "Sections 404, 405, 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5" for "Sections 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.
1 See References in Text note below.
CHAPTER 41—ACCESS TO FEDERAL ELECTRONIC INFORMATION
Statutory Notes and Related Subsidiaries
Access to Congressionally Mandated Reports
Pub. L. 117–263, div. G, title LXXII, subtitle D, Dec. 23, 2022, 136 Stat. 3677, provided that:
"SEC. 7241. SHORT TITLE.
"This subtitle may be cited as the 'Access to Congressionally Mandated Reports Act'.
"SEC. 7242. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"(I) The Select Committee on Intelligence, the Committee on Armed Services, the Committee on Appropriations, or the Committee on Foreign Relations of the Senate.
"(II) The Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Appropriations, or the Committee on Foreign Affairs of the House of Representatives.
"(3)
"(4)
"(5)
"(6)
"SEC. 7243. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED REPORTS.
"(a)
"(1)
"(2)
"(3)
"(b)
"(1) Subject to subsection (c), with respect to each congressionally mandated report, each of the following:
"(A) A citation to the statute requiring the report.
"(B) An electronic copy of the report, including any transmittal letter associated with the report, that—
"(i) is based on an underlying open data standard that is maintained by a standards organization;
"(ii) allows the full text of the report to be searchable; and
"(iii) is not encumbered by any restrictions that would impede the reuse or searchability of the report.
"(C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following:
"(i) The title of the report.
"(ii) The reporting Federal agency.
"(iii) The date of publication.
"(iv) Each congressional committee or subcommittee receiving the report, if applicable.
"(v) The statute requiring the report.
"(vi) Subject tags.
"(vii) A unique alphanumeric identifier for the report that is consistent across report editions.
"(viii) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable.
"(ix) Key words.
"(x) Full text search.
"(xi) Any other relevant information specified by the Director.
"(D) The date on which the report was required to be submitted, and on which the report was submitted, to the reports online portal.
"(E) To the extent practicable, a permanent means of accessing the report electronically.
"(2) A means for bulk download of all congressionally mandated reports.
"(3) A means for downloading individual reports as the result of a search.
"(4) An electronic means for the head of each Federal agency to submit to the reports online portal each congressionally mandated report of the agency, as required by sections 5244 and 5246 [7244 and 7246].
"(5) In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and downloaded by—
"(A) reports submitted within the required time;
"(B) reports submitted after the date on which such reports were required to be submitted; and
"(C) to the extent practicable, reports not submitted.
"(c)
"(1)
"(A) include on the reports online portal—
"(i) the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and
"(ii) the date on which the report was required to be submitted; and
"(B) include the congressionally mandated report on the list described in subsection (b)(5)(C).
"(2)
"(d)
"(1) not later than 30 days after the information is received from the Federal agency involved; or
"(2) in the case of information required under subsection (c), not later than 30 days after the deadline under this subtitle for the Federal agency involved to submit information with respect to the congressionally mandated report involved.
"(e)
"(1)
"(2)
"(A) a statement that the report is withheld at the request of a committee or subcommittee involved; and
"(B) the written notification provided by the chair of the committee or subcommittee specified in paragraph (1).
"(f)
"(g)
"(h)
"SEC. 7244. FEDERAL AGENCY RESPONSIBILITIES.
"(a)
"(b)
"(c)
"(d)
"(e)
"SEC. 7245. CHANGING OR REMOVING REPORTS.
"(a)
"(1) the head of the Federal agency consults with each committee of Congress or subcommittee thereof to which the report is required to be submitted (or, in the case of a report which is not required to be submitted to a particular committee of Congress or subcommittee thereof, to each committee with jurisdiction over the agency, as determined by the head of the agency in consultation with the Speaker of the House of Representatives and the President pro tempore of the Senate) prior to changing or removing the report; and
"(2) a joint resolution is enacted to authorize the change in or removal of the report.
"(b)
"(1) may make technical changes to a report submitted to or published on the reports online portal;
"(2) may remove a report from the reports online portal if the report was submitted to or published on the reports online portal in error; and
"(3) may withhold information, records, or reports from publication on the reports online portal in accordance with section 5246 [7246].
"SEC. 7246. WITHHOLDING OF INFORMATION.
"(a)
"(1) require the disclosure of information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code, or that are required to be withheld under section 552a of title 5, United States Code; or
"(2) impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports online portal for the purpose of identifying and redacting such information or records.
"(b)
"(1)
"(2)
"(3)
"(A) containing information that is law enforcement sensitive; or
"(B) that describe[s] information security policies, procedures, or activities of the executive branch.
"(c)
"SEC. 7247. IMPLEMENTATION.
"(a)
"(1)
"(A) is required by statute to be submitted to the House of Representatives, or the Speaker thereof, or the Senate, or the President or President Pro Tempore thereof, at any time on or after the date of the enactment of this Act [Dec. 23, 2022]; or
"(B) is included by the Clerk of the House of Representatives or the Secretary of the Senate (as the case may be) on the list of reports received by the House of Representatives or the Senate (as the case may be) at any time on or after the date of the enactment of this Act.
"(2)
"(b)
"(1) any such report which is first required to be submitted by a statute which is enacted on or after the date of the enactment of this Act; and
"(2) to the maximum extent practical, any congressionally mandated report which was required to be submitted by a statute enacted before the date of enactment of this Act unless—
"(A) the chair of the committee, or subcommittee thereof, to which the report was required to be submitted notifies the Director in writing that the report is to be withheld from publication; and
"(B) the Director publishes the notification on the reports online portal.
"(c)
"SEC. 7248. DETERMINATION OF BUDGETARY EFFECTS.
"The budgetary effects of this subtitle, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 [2 U.S.C. 931 et seq.], shall be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this subtitle, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage."
About This Section
44 U.S.C. § 3903 is part of Title 44 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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