Legislative Branch Agencies Clarification Act

(2) as authorized by an exemption adopted by—

(A) the Librarian of Congress pursuant to a determination made on or after the date of enactment of this Act and before the date of enactment of the Legislative Branch Agencies Clarification Act under section 1201(a)(1)(C) of title 17, United States Code; or

(B) the Register of Copyrights pursuant to a determination made on or after the date of enactment of the Legislative Branch Agencies Clarification Act under section 1201(a)(1)(C) of title 17, United States Code,

(2) Librarian of Congress; Register of Copyrights. Nothing in this Act alters, or shall be construed to alter, the authority of—

(A) the Librarian of Congress under section 1201(a)(1) of title 17, United States Code, as in effect before the date of enactment of the Legislative Branch Agencies Clarification Act; or

(B) the Register of Copyrights under section 1201(a)(1) of title 17, United States Code, as in effect on or after the date of enactment of the Legislative Branch Agencies Clarification Act.

(i) Establishment of Inspector General of the Copyright Office as a separate office

(1) Office of Inspector General. There is an Office of Inspector General within the Copyright Office which is an independent objective office to—

(A) conduct and supervise audits and investigations (excluding incidents involving violence and personal property) relating to the Copyright Office, except that nothing in this subparagraph may be construed to authorize the Inspector General to audit or investigate any operations or activities of the United States Capitol Police;

(B) provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; and

(C) provide a means of keeping the Register of Copyrights and the Congress fully and currently informed about problems and deficiencies relating to the administration and operations of the Copyright Office.

(2) Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel

(A) Appointment and supervision

(i) In general. There shall be at the head of the Office of Inspector General, an Inspector General who shall be appointed by the Register of Copyrights 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 Register of Copyrights.

(ii) Audits, investigations, and reports. The Register of Copyrights shall have no authority to prevent or prohibit the Inspector General from—

(I) initiating, carrying out, or completing any audit or investigation;

(II) issuing any subpoena during the course of any audit or investigation; or

(III) issuing any report.

(B) Removal or transfer

(i) In general. The Inspector General may be removed from office, or transferred to another position within, or another location of, the Copyright Office, by the Register of Copyrights.

(ii) Notice. Not later than 30 days before the Register of Copyrights removes or transfers the Inspector General under clause (i), the Register of Copyrights shall communicate in writing the reason for the removal or transfer to—

(I) the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and

(II) the Committee on Rules and Administration and the Committee on Appropriations of the Senate.

(iii) Applicability. Nothing in this subparagraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.

(C) Pay

(i) In general. The position of Inspector General shall—

(I) be classified as a position above GS–15 in accordance with section 5108 of title 5, United States Code; and

(II) 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 Copyright Office calculated on an annual basis.

(ii) Adjustments. The Register of Copyrights 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 Copyright Office, in a manner consistent with section 5376 of title 5, United States Code.

(D) No bonuses. The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5, United States Code.

(E) Counsel. The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Copyright Office, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.

(3) Duties, responsibilities, authority, and reports

(A) In general. Sections 404, 405 (other than subsection (b)(13)), 406(a) (other than paragraphs (7) and (8) thereof), and 407 of title 5, United States Code, shall apply to the Inspector General of the Copyright Office and the Office of such Inspector General and such sections shall be applied to the Copyright Office and the Register of Copyrights by substituting—

(i) Copyright Office for establishment; and

(ii) Register of Copyrights for head of the establishment.

(B) Employees

(i) In general. The Inspector General, in carrying out the provisions of this subsection, is authorized, without the supervision or approval of any other employee, office, or other entity within the Copyright Office, 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 Copyright Office.

(ii) Security and suitability. Appointments under the authority under clause (i) shall be made consistent with personnel security and suitability requirements.

(iii) Consultants. Any appointment of a consultant under the authority under clause (i) shall be made consistent with section 406(a)(9) of title 5, United States Code.

(C) Law enforcement authority

(i) In general. Subject to clause (ii), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to—

(I) 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;

(II) 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

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

(ii) Requirements to exercise authority

(I) Required certification

(aa) In general. In order to exercise the authority under clause (i), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she—

(AA) is a citizen of the United States;

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

(CC) 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.

(bb) Additional requirements. After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under item (aa), as determined appropriate by the Inspector General.

(II) Maintenance of requirements. 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.

(III) Eligibility determination

(aa) In general. The Inspector General shall—

(AA) determine whether an individual meets the requirements under this subparagraph; and

(BB) revoke any authority granted to an individual under clause (i) if the individual is not in compliance with the requirements of this subparagraph.

(bb) Reauthorization. The Inspector General may reauthorize an individual to exercise the authority granted under clause (i) if the Inspector General determines the individual has achieved compliance with the requirements under this subparagraph.

(cc) Limitation on appeal. A revocation of the authority granted under clause (i) 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.

(iii) Semiannual certification of program

(I) In general. Before the first grant of authority under clause (i), and semiannually thereafter as part of the report under section 405 of title 5, United States Code, 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 subparagraph.

(II) Suspension of authority. The authority granted under this subparagraph (including any grant of authority to an individual under clause (i), without regard to whether the individual is in compliance with clause (ii)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under subclause (I) of this clause or clause (iv). Any suspension of authority under this subclause shall be reported to the appropriate committees of Congress.

(iv) Peer review. To ensure the proper exercise of the law enforcement powers authorized under this subparagraph, 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.

(v) Alleged misconduct. Any allegation of misconduct by an individual granted authority under clause (i) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.

(vi) Appropriate committees of Congress. In this paragraph, the term appropriate committees of Congress means—

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

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

(D) Budget independence. The Register of Copyrights shall include the annual budget request of the Inspector General in the budget of the Copyright Office without change.

(g) Support agreements; reimbursement. The Library of Congress and any other agency or office in the legislative branch of the Federal Government may provide administrative, facilities, financial management, information technology, legal, security, and other appropriate support to the Copyright Office as provided under an agreement for services entered into by the applicable agency or office and the Copyright Office.