II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Oversight Workforce 

5 Improvement Act of 2014’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 1953 IS

1 SEC. 2. INVESTIGATIONS, AUDITS, INSPECTIONS, EVALUA2 TIONS, AND REVIEWS CONDUCTED BY IN3 SPECTORS GENERAL. 

4 Section 3518(c) of title 44, United States Code, is 

5 amended— 

6 (1) in paragraph (1), in the matter preceding 

7 subparagraph (A), by striking ‘‘paragraph (2)’’ and 

8 inserting ‘‘paragraph (3)’’; 

9 (2) by redesignating paragraph (2) as para10 graph (3); and 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) Notwithstanding paragraph (3), this sub14 chapter shall not apply to the collection of informa15 tion during the conduct of any evaluation, or other 

16 review conducted by the Federal Accountability and 

17 Spending Transparency Board, or during the con18 duct of any audit, investigation, inspection, evalua19 tion, or any other review conducted by the Council 

20 of the Inspectors General on Integrity and Efficiency 

21 or any Office of Inspector General, including any Of22 fice of Special Inspector General.’’. 

23 SEC. 3. EXEMPTION FROM DISCLOSURE UNDER FOIA. 

24 (a) DEFINITION.—In this section, the term ‘‘agency’’ 

25 shall have the meaning given the term in section 551 of 

26 title 5, United States Code. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 1953 IS

1 (b) EXEMPTION.—Information relating to the infor2 mation security program or practices of an agency shall 

3 be exempt from disclosure under section 552(b)(3) of title 

4 5, United States Code, if disclosure could reasonably be 

5 expected to lead to or result in unauthorized access, use, 

6 disclosure, disruption, modification, or destruction of such 

7 information system or the information such information 

8 system controls, processes, stores, or transmits. 

9 (c) NON-EXEMPT INFORMATION.—Each agency that 

10 withholds information subject to the exemption in sub11 section (b) shall act in accordance with the obligation of 

12 the Federal agency to reasonably segregate and disclose 

13 non-exempt information under section 552(b) of title 5, 

14 United States Code. 

15 SEC. 4. AMENDMENTS TO THE INSPECTOR GENERAL ACT 

16 OF 1978 AND THE INSPECTOR GENERAL RE17 FORM ACT OF 2008. 

18 (a) INCORPORATION OF PROVISIONS FROM THE IN19 SPECTOR GENERAL REFORM ACT OF 2008 INTO THE IN20 SPECTOR GENERAL ACT OF 1978.— 

21 (1) CLASSIFICATION AND PAY.— 

22 (A) AMENDMENT.—Section 8G of the In23 spector General Act of 1978 (5 U.S.C. App.) is 

24 amended by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 1953 IS

1 ‘‘(i) Notwithstanding any other provision of law, the 

2 Inspector General of each designated Federal entity shall, 

3 for pay and all other purposes be classified at a grade, 

4 level or rank designation, as the case may be, at or above 

5 those of a majority of the senior level executives of the 

6 designated Federal entity (such as General Counsel, Chief 

7 Information Officer, Chief Financial Officer, Chief 

8 Human Capital Officer, or Chief Acquisition Officer). The 

9 pay of an Inspector General of a designated Federal entity 

10 shall not be less than the average total compensation (in11 cluding bonuses) of the senior level executives of the des12 ignated Federal entity calculated on an annual basis.’’. 

13 (B) CONFORMING REPEAL.—Section 4(b) 

14 of the Inspector General Reform Act of 2008 

15 (Public Law 110–409; 5 U.S.C. App. note) is 

16 repealed. 

17 (2) PAY RETENTION.— 

18 (A) AMENDMENT.—The Inspector General 

19 Act of 1978 (5 U.S.C. App.) is amended by 

20 adding after section 8M the following: 

21 ‘‘SEC. 8N. PAY RETENTION. 

22 ‘‘(a) IN GENERAL.—The provisions of section 3392 

23 of title 5, United States Code, other than the term ‘per24 formance awards’ and ‘awarding of ranks’ in subsection 

25 (c)(1) of such section, shall apply to career appointees of 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 1953 IS

1 the Senior Executive Service who are appointed to the po2 sition of Inspector General. 

3 ‘‘(b) NONREDUCTION IN PAY.—Notwithstanding any 

4 other provision of law, career Federal employees serving 

5 on an appointment made pursuant to statutory authority 

6 found other than in section 3392 of title 5, United States 

7 Code, shall not suffer a reduction in pay, not including 

8 any bonus or performance award, as a result of being ap9 pointed to the position of Inspector General.’’. 

10 (B) CONFORMING REPEAL.—Section 4(c) 

11 of the Inspector General Reform Act of 2008 

12 (Public Law 110–409; 5 U.S.C. App. note) is 

13 repealed. 

14 (3) ALLEGATIONS OF WRONGDOING AGAINST

15 SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL.— 

16 (A) AMENDMENTS.—Section 11(d) of the 

17 Inspector General Act of 1978 (5 U.S.C. App.) 

18 is amended— 

19 (i) in paragraph (2)— 

20 (I) in subparagraph (C), by in21 serting ‘‘or their designee’’ before the 

22 period; and 

23 (II) in subparagraph (D), by in24 serting ‘‘or their designee’’ before the 

25 period; and 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 1953 IS

1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(12) ALLEGATIONS OF WRONGDOING AGAINST

4 SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL.— 

5 ‘‘(A) SPECIAL COUNSEL DEFINED.—In this 

6 paragraph, the term ‘Special Counsel’ means 

7 the Special Counsel appointed under section 

8 1211(b) of title 5, United States Code. 

9 ‘‘(B) AUTHORITY OF INTEGRITY COM10 MITTEE.— 

11 ‘‘(i) IN GENERAL.—An allegation of 

12 wrongdoing against the Special Counsel or 

13 Deputy Special Counsel may be received, 

14 reviewed and referred for investigation by 

15 the Integrity Committee to the same extent 

16 and in the same manner as in the case of 

17 an allegation against an Inspector General 

18 (or a member of the staff of an Office of 

19 Inspector General), subject to the require20 ment that the Special Counsel recuse him21 self or herself from the consideration of 

22 any allegation brought under this para23 graph. 

24 ‘‘(ii) COORDINATION WITH EXISTING

25 PROVISION OF LAW.—This paragraph does 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 1953 IS

1 not eliminate access to the Merit Systems 

2 Protection Board for review under section 

3 7701 of title 5, United States Code. To the 

4 extent that an allegation brought under 

5 this subsection involves section 2302(b)(8) 

6 of that title, a failure to obtain corrective 

7 action within 120 days after the date on 

8 which the allegation is received by the In9 tegrity Committee shall, for purposes of 

10 section 1221 of such title, be considered to 

11 satisfy section 1214(a)(3)(B) of such title. 

12 ‘‘(C) REGULATIONS.—The Integrity Com13 mittee may prescribe any rules or regulations 

14 necessary to carry out this paragraph, subject 

15 to such consultation or other requirements as 

16 might otherwise apply.’’. 

17 (B) CONFORMING REPEAL.—Section 7(b) 

18 of the Inspector General Reform Act of 2008 

19 (Public Law 110–409; 5 U.S.C. 1211 note) is 

20 repealed. 

21 (b) AGENCY APPLICABILITY.— 

22 (1) AMENDMENTS.—The Inspector General Act 

23 of 1978 (5 U.S.C. App.) is further amended— 

24 (A) in section 8M— 

25 (i) in subsection (a)(1)— 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 1953 IS

1 (I) by striking ‘‘Each agency’’ 

2 and inserting ‘‘ Each Federal agency 

3 and designated Federal entity’’; and 

4 (II) by striking ‘‘that agency’’ 

5 and inserting ‘‘the Federal agency or 

6 designated Federal entity’’ each place 

7 it appears; and 

8 (ii) in subsection (b)— 

9 (I) in paragraph (1), in the mat10 ter preceding subparagraph (A), by 

11 striking ‘‘agency’’ and inserting ‘‘Fed12 eral agency and designated Federal 

13 entity’’; and 

14 (II) in paragraph (2)— 

15 (aa) in subparagraph (A), 

16 by striking ‘‘agency’’ and insert17 ing ‘‘Federal agency and des18 ignated Federal entity’’; and 

19 (bb) in subparagraph (B), 

20 by striking ‘‘agency’’ and insert21 ing ‘‘Federal agency and des22 ignated Federal entity’’; and 

23 (B) in section 11(c)(3)(A)(ii), by striking 

24 ‘‘department, agency, or entity of the executive 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 1953 IS

1 branch which’’ and inserting ‘‘Federal agency 

2 or designated Federal entity that’’. 

3 (2) IMPLEMENTATION.—Not later than 180 

4 days after the date of enactment of this Act, the 

5 head and the Inspector General of each Federal 

6 agency (as defined in section 12 of the Inspector 

7 General Act of 1978 (5 U.S.C. App.)) and each des8 ignated Federal entity (as defined in section 8G of 

9 the Inspector General Act of 1978 (5 U.S.C. App.)) 

10 shall implement the amendments made by this sub11 section. 

12 (c) CORRECTIONS.— 

13 (1) EXECUTIVE ORDER NUMBER.—Section 

14 7(c)(2) of the Inspector General Reform Act of 2008 

15 (Public Law 110-409; 31 U.S.C. 501 note) is 

16 amended by striking ‘‘12933’’ and inserting 

17 ‘‘12993’’. 

18 (2) PUNCTUATION AND CROSS-REFERENCES.— 

19 The Inspector General Act of 1978 (5 U.S.C. App.) 

20 is amended— 

21 (A) in section 4(b)(2)— 

22 (i) by striking ‘‘8F(a)(2)’’ and insert23 ing ‘‘8G(a)(2)’’ each place it appears; and 

24 (ii) by striking ‘‘8F(a)(1)’’ and insert25 ing ‘‘8G(a)(1)’’; 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 1953 IS

1 (B) in section 6(a)(4), by striking ‘‘infor2 mation, as well as any tangible thing)’’ and in3 serting ‘‘information), as well as any tangible 

4 thing’’; and 

5 (C) in section 8G(g)(3), by striking ‘‘8C’’ 

6 and inserting ‘‘8D’’. 

7 (3) SPELLING.—The Inspector General Act of 

8 1978 (5 U.S.C. App.) is amended— 

9 (A) in section 3(a), by striking ‘‘subpena’’ 

10 and inserting ‘‘subpoena’’; 

11 (B) in section 6(a)(4)— 

12 (i) by striking ‘‘subpena’’ and insert13 ing ‘‘subpoena’’; and 

14 (ii) by striking ‘‘subpenas’’ and insert15 ing ‘‘subpoenas’’; 

16 (C) in section 8D(a)— 

17 (i) in paragraph (1), by striking ‘‘sub18 penas’’ and inserting ‘‘subpoenas’’; and 

19 (ii) in paragraph (2), by striking 

20 ‘‘subpena’’ and inserting ‘‘subpoena’’, each 

21 place it appears; 

22 (D) in section 8E(a)— 

23 (i) in paragraph (1), by striking ‘‘sub24 penas’’ and inserting ‘‘subpoenas’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•S 1953 IS

1 (ii) in paragraph (2), by striking 

2 ‘‘subpena’’ and inserting ‘‘subpoena’’ each 

3 place it appears; and 

4 (E) in section 8G(d), by striking ‘‘sub5 pena’’ and inserting ‘‘subpoena’’. 

6 (d) REPEAL.—Section 744 of the Financial Services 

7 and General Government Appropriations Act, 2009 (Pub8 lic Law 111–8; 123 Stat. 693) is repealed. 

9 SEC. 5. INSPECTOR GENERAL OF THE INTELLIGENCE COM10 MUNITY. 

11 Section 11(b)(1)(B) of the Inspector General Act of 

12 1978 (5 U.S.C. App.) is amended to read as follows: 

13 ‘‘(B) The Inspectors General of the Intel14 ligence Community and the Central Intelligence 

15 Agency.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS