Section 1 Short title
This Act may be cited as the “Oversight Workforce Improvement Act of 2014”.
Oversight Workforce Improvement Act of 2014
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.
Sec. 2 Investigations, audits, inspections, evaluations, and reviews conducted by Inspectors General
Section 3518(c) of title 44, United States Code, is amended—
in paragraph (1), in the matter preceding subparagraph (A), by striking “paragraph (2)” and inserting “paragraph (3)”;
by redesignating paragraph (2) as paragraph (3); and
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
Definition— In this section, the term agency shall have the meaning given the term in section 551 of title 5, United States Code.
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.
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
Incorporation of provisions from the Inspector General Reform Act of 2008 into the Inspector General Act of 1978—
Classification and pay—
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.”
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.
Pay retention—
Amendment— The Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding after section 8M the following:
“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.”
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.
Allegations of wrongdoing against special counsel or deputy special counsel—
Amendments— Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
in paragraph (2)—
in subparagraph (C), by inserting “or their designee” before the period; and
in subparagraph (D), by inserting “or their designee” before the period; and
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.”
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.
Agency applicability—
Amendments— The Inspector General Act of 1978 (5 U.S.C. App.) is further amended—
in section 8M—
in subsection (a)(1)—
by striking “Each agency” and inserting “ Each Federal agency and designated Federal entity”; and
by striking “that agency” and inserting “the Federal agency or designated Federal entity” each place it appears; and
in subsection (b)—
in paragraph (1), in the matter preceding subparagraph (A), by striking “agency” and inserting “Federal agency and designated Federal entity”; and
in paragraph (2)—
in subparagraph (A), by striking “agency” and inserting “Federal agency and designated Federal entity”; and
in subparagraph (B), by striking “agency” and inserting “Federal agency and designated Federal entity”; and
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”.
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.
Corrections—
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”.
Punctuation and cross-references— The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
in section 4(b)(2)—
by striking “8F(a)(2)” and inserting “8G(a)(2)” each place it appears; and
by striking “8F(a)(1)” and inserting “8G(a)(1)”;
in section 6(a)(4), by striking “information, as well as any tangible thing)” and inserting “information), as well as any tangible thing”; and
in section 8G(g)(3), by striking “8C” and inserting “8D”.
Spelling— The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
in section 3(a), by striking “subpena” and inserting “subpoena”;
in section 6(a)(4)—
by striking “subpena” and inserting “subpoena”; and
by striking “subpenas” and inserting “subpoenas”;
in section 8D(a)—
in paragraph (1), by striking “subpenas” and inserting “subpoenas”; and
in paragraph (2), by striking “subpena” and inserting “subpoena”, each place it appears;
in section 8E(a)—
in paragraph (1), by striking “subpenas” and inserting “subpoenas”; and
in paragraph (2), by striking “subpena” and inserting “subpoena” each place it appears; and
in section 8G(d), by striking “subpena” and inserting “subpoena”.
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.”