Appointment Methods for Legislative Branch Inspectors General

Appointment Methods for Legislative Branch Inspectors General

INSIGHTi

Appointment Methods for Legislative Branch
Inspectors General
September 28, 2021
The inspector general (IG) for the Library of Congress (LOC), Kurt Hyde, retired from his position on
August 31, 2021. When an IG position becomes vacant, a new appointment is made pursuant to the
requirements and procedures laid out in that IG’s enabling statute. For most IGs, this will be the Inspector
General Act of 1978 (IG Act; 5 U.S.C. Appx.). For some IGs, including the IG for the LOC and the four
other statutory IGs in the legislative branch, this authority is found in other statutes.
Some IG appointments draw considerable attention in Congress, while other IG offices, particularly those
with presidentially appointed IGs, may operate for years without a Senate-confirmed IG. Many IG
appointments can occur without generating significant attention on either the appointee or the selection
process.
This Insight provides a brief introduction to IG appointments and explains the appointment procedure for
the five particular legislative branch IGs. It provides background information on the appointment rule
requirements for these IGs as well as the relevant statutory provisions.
Background on the Appointment Method for Statutory Inspectors
General
There are currently 75 statutory inspectors general (including the new Special Inspector General for
Pandemic Recovery, which is discussed here). Of these, 65 IGs are appointed under the IG Act. The other
10 IGs have similar appointment methods and authorities but are established by other statutes.
There are two general classes of IG appointments:
 Presidential appointment: Thirty-eight IGs are appointed by the President, most with
the advice and consent of the Senate. Of these, the 33 establishment IGs are appointed
pursuant to Section 3(a) of the IG Act. These establishment IGs generally serve in
departments and larger agencies. Section 3(a) requires the President to make nominations
“without regard to political affiliation and solely on the basis of integrity and
demonstrated ability.” The other five presidentially appointed IGs have similar
appointment methods laid out in other statutes. Of the 38 presidentially appointed IGs,
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only the Special Inspector General for Afghanistan Reconstruction is not subject to
Senate confirmation.
 Agency appointment: Thirty-seven IGs are appointed by the heads of the agencies or
entities that they oversee. They are not subject to the Senate confirmation process. Thirty-
two of these positions are the IGs for designated federal entities in the executive branch.
These appointments are governed by Section 8G(c) of the IG Act. These entities are
generally smaller executive branches agencies, boards, and commissions. The agency or
entity heads selecting these IGs are also required to select officials “without regard to
political affiliation and solely on the basis of integrity and demonstrated ability.” The
remaining five agency appointed IGs serve in legislative branch agencies and are
discussed below.
Appointment Methods for Legislative Branch Inspectors General
Of the 75 statutory IGs, five were established to oversee the activities of legislative branch agencies.
These five IGs appear to have authority, independence, and duties that are similar to their executive
branch counterparts, although distinctions may exist. In addition, they participate in the IG community as
members of the Council of Inspector General on Integrity and Efficiency. However, because they are part
of the legislative branch, rather than the executive branch, their authority is not rooted in the IG Act but
rather in similar provisions elsewhere in the U.S. Code.
The House of Representatives also has an IG that was established under the House rules and performs
some functions similar to other IGs. Because that position is established by rule, rather than law, and is
designed differently than many other IGs, it is not addressed in this Insight.
The appointment methods for the five legislative branch agency IGs are as follows:
 The IG for LOC is appointed by the Librarian of Congress (2 U.S.C. §185; P.L. 109-55)
 The IG for the Government Publishing Office (GPO) is appointed by the agency’s
director (44 U.S.C. §3902; P.L. 100-504).
 The IG for the Government Accountability Office (GAO) is appointed by the
comptroller general (31 U.S.C. §705(b); P.L. 110-323).
 The IG for the U.S. Capitol Police is appointed by the Capitol Police Board, which is
required to consult with the IGs for LOC, GPO, and GAO. The IG serves for a term of
five years and may be reappointed no more than twice (2 U.S.C. §1909(b); P.L. 109-55).
 The IG for the Architect of the Capitol is appointed by the Architect of the Capitol, who
is required to consult with the IGs for LOC, GPO, GAO, and the U.S. Capitol Police (2
U.S.C. §1808(c); P.L. 110-161).
In addition, each of these provisions includes appointment-related language directing that the IG
appointments be made “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.”
For more detailed information on the statutes governing IGs, see CRS Report R45450, Statutory
Inspectors General in the Federal Government: A Primer, by Ben Wilhelm.

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Author Information

Ben Wilhelm

Analyst in Government Organization and Management

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