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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1953 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1953

 To amend certain provisions of the Inspector General Act of 1978 and 
 the Inspector General Improvement Act of 2008, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2014

 Mr. Tester (for himself and Mrs. McCaskill) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend certain provisions of the Inspector General Act of 1978 and 
 the Inspector General Improvement Act of 2008, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oversight Workforce Improvement Act 
of 2014''.

SEC. 2. INVESTIGATIONS, AUDITS, INSPECTIONS, EVALUATIONS, AND REVIEWS 
              CONDUCTED BY INSPECTORS GENERAL.

    Section 3518(c) of title 44, United States Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``paragraph (2)'' and inserting ``paragraph 
        (3)'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Notwithstanding paragraph (3), this subchapter shall 
        not apply to the collection of information during the conduct 
        of any evaluation, or other review conducted by the Federal 
        Accountability and Spending Transparency Board, or during the 
        conduct of any audit, investigation, inspection, evaluation, or 
        any other review conducted by the Council of the Inspectors 
        General on Integrity and Efficiency or any Office of Inspector 
        General, including any Office of Special Inspector General.''.

SEC. 3. EXEMPTION FROM DISCLOSURE UNDER FOIA.

    (a) Definition.--In this section, the term ``agency'' shall have 
the meaning given the term in section 551 of title 5, United States 
Code.
    (b) Exemption.--Information relating to the information security 
program or practices of an agency shall be exempt from disclosure under 
section 552(b)(3) of title 5, United States Code, if disclosure could 
reasonably be expected to lead to or result in unauthorized access, 
use, disclosure, disruption, modification, or destruction of such 
information system or the information such information system controls, 
processes, stores, or transmits.
    (c) Non-Exempt Information.--Each agency that withholds information 
subject to the exemption in subsection (b) shall act in accordance with 
the obligation of the Federal agency to reasonably segregate and 
disclose non-exempt information under section 552(b) of title 5, United 
States Code.

SEC. 4. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE 
              INSPECTOR GENERAL REFORM ACT OF 2008.

    (a) Incorporation of Provisions From the Inspector General Reform 
Act of 2008 Into the Inspector General Act of 1978.--
            (1) Classification and pay.--
                    (A) Amendment.--Section 8G of the Inspector General 
                Act of 1978 (5 U.S.C. App.) is amended by adding at the 
                end the following:
    ``(i) Notwithstanding any other provision of law, the Inspector 
General of each designated Federal entity shall, for pay and all other 
purposes be classified at a grade, level or rank designation, as the 
case may be, at or above those of a majority of the senior level 
executives of the designated Federal entity (such as General Counsel, 
Chief Information Officer, Chief Financial Officer, Chief Human Capital 
Officer, or Chief Acquisition Officer). The pay of an Inspector General 
of a designated Federal entity shall not be less than the average total 
compensation (including bonuses) of the senior level executives of the 
designated Federal entity calculated on an annual basis.''.
                    (B) Conforming repeal.--Section 4(b) of the 
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 5 U.S.C. App. note) is repealed.
            (2) Pay retention.--
                    (A) Amendment.--The Inspector General Act of 1978 
                (5 U.S.C. App.) is amended by adding after section 8M 
                the following:

``SEC. 8N. PAY RETENTION.

    ``(a) In General.--The provisions of section 3392 of title 5, 
United States Code, other than the term `performance awards' and 
`awarding of ranks' in subsection (c)(1) of such section, shall apply 
to career appointees of the Senior Executive Service who are appointed 
to the position of Inspector General.
    ``(b) Nonreduction in Pay.--Notwithstanding any other provision of 
law, career Federal employees serving on an appointment made pursuant 
to statutory authority found other than in section 3392 of title 5, 
United States Code, shall not suffer a reduction in pay, not including 
any bonus or performance award, as a result of being appointed to the 
position of Inspector General.''.
                    (B) Conforming repeal.--Section 4(c) of the 
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 5 U.S.C. App. note) is repealed.
            (3) Allegations of wrongdoing against special counsel or 
        deputy special counsel.--
                    (A) Amendments.--Section 11(d) of the Inspector 
                General Act of 1978 (5 U.S.C. App.) is amended--
                            (i) in paragraph (2)--
                                    (I) in subparagraph (C), by 
                                inserting ``or their designee'' before 
                                the period; and
                                    (II) in subparagraph (D), by 
                                inserting ``or their designee'' before 
                                the period; and
                            (ii) by adding at the end the following:
            ``(12) Allegations of wrongdoing against special counsel or 
        deputy special counsel.--
                    ``(A) Special counsel defined.--In this paragraph, 
                the term `Special Counsel' means the Special Counsel 
                appointed under section 1211(b) of title 5, United 
                States Code.
                    ``(B) Authority of integrity committee.--
                            ``(i) In general.--An allegation of 
                        wrongdoing against the Special Counsel or 
                        Deputy Special Counsel may be received, 
                        reviewed and referred for investigation by the 
                        Integrity Committee to the same extent and in 
                        the same manner as in the case of an allegation 
                        against an Inspector General (or a member of 
                        the staff of an Office of Inspector General), 
                        subject to the requirement that the Special 
                        Counsel recuse himself or herself from the 
                        consideration of any allegation brought under 
                        this paragraph.
                            ``(ii) Coordination with existing provision 
                        of law.--This paragraph does not eliminate 
                        access to the Merit Systems Protection Board 
                        for review under section 7701 of title 5, 
                        United States Code. To the extent that an 
                        allegation brought under this subsection 
                        involves section 2302(b)(8) of that title, a 
                        failure to obtain corrective action within 120 
                        days after the date on which the allegation is 
                        received by the Integrity Committee shall, for 
                        purposes of section 1221 of such title, be 
                        considered to satisfy section 1214(a)(3)(B) of 
                        such title.
                    ``(C) Regulations.--The Integrity Committee may 
                prescribe any rules or regulations necessary to carry 
                out this paragraph, subject to such consultation or 
                other requirements as might otherwise apply.''.
                    (B) Conforming repeal.--Section 7(b) of the 
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 5 U.S.C. 1211 note) is repealed.
    (b) Agency Applicability.--
            (1) Amendments.--The Inspector General Act of 1978 (5 
        U.S.C. App.) is further amended--
                    (A) in section 8M--
                            (i) in subsection (a)(1)--
                                    (I) by striking ``Each agency'' and 
                                inserting `` Each Federal agency and 
                                designated Federal entity''; and
                                    (II) by striking ``that agency'' 
                                and inserting ``the Federal agency or 
                                designated Federal entity'' each place 
                                it appears; and
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), in the matter 
                                preceding subparagraph (A), by striking 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) in paragraph (2)--
                                            (aa) in subparagraph (A), 
                                        by striking ``agency'' and 
                                        inserting ``Federal agency and 
                                        designated Federal entity''; 
                                        and
                                            (bb) in subparagraph (B), 
                                        by striking ``agency'' and 
                                        inserting ``Federal agency and 
                                        designated Federal entity''; 
                                        and
                    (B) in section 11(c)(3)(A)(ii), by striking 
                ``department, agency, or entity of the executive branch 
                which'' and inserting ``Federal agency or designated 
                Federal entity that''.
            (2) Implementation.--Not later than 180 days after the date 
        of enactment of this Act, the head and the Inspector General of 
        each Federal agency (as defined in section 12 of the Inspector 
        General Act of 1978 (5 U.S.C. App.)) and each designated 
        Federal entity (as defined in section 8G of the Inspector 
        General Act of 1978 (5 U.S.C. App.)) shall implement the 
        amendments made by this subsection.
    (c) Corrections.--
            (1) Executive order number.--Section 7(c)(2) of the 
        Inspector General Reform Act of 2008 (Public Law 110-409; 31 
        U.S.C. 501 note) is amended by striking ``12933'' and inserting 
        ``12993''.
            (2) Punctuation and cross-references.--The Inspector 
        General Act of 1978 (5 U.S.C. App.) is amended--
                    (A) in section 4(b)(2)--
                            (i) by striking ``8F(a)(2)'' and inserting 
                        ``8G(a)(2)'' each place it appears; and
                            (ii) by striking ``8F(a)(1)'' and inserting 
                        ``8G(a)(1)'';
                    (B) in section 6(a)(4), by striking ``information, 
                as well as any tangible thing)'' and inserting 
                ``information), as well as any tangible thing''; and
                    (C) in section 8G(g)(3), by striking ``8C'' and 
                inserting ``8D''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. 
        App.) is amended--
                    (A) in section 3(a), by striking ``subpena'' and 
                inserting ``subpoena'';
                    (B) in section 6(a)(4)--
                            (i) by striking ``subpena'' and inserting 
                        ``subpoena''; and
                            (ii) by striking ``subpenas'' and inserting 
                        ``subpoenas'';
                    (C) in section 8D(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' and inserting ``subpoena'', each 
                        place it appears;
                    (D) in section 8E(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' and inserting ``subpoena'' each 
                        place it appears; and
                    (E) in section 8G(d), by striking ``subpena'' and 
                inserting ``subpoena''.
    (d) Repeal.--Section 744 of the Financial Services and General 
Government Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 693) 
is repealed.

SEC. 5. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

    Section 11(b)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended to read as follows:
                    ``(B) The Inspectors General of the Intelligence 
                Community and the Central Intelligence Agency.''.
                                 <all>
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