H. R. 5633

To amend the Homeland Security Act of 2002 to enhance transparency regarding reports conducted by the Inspector General of the Department of Homeland Security, and for other purposes.

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117 HR 5633 RH: Department of Homeland Security Inspector General Transparency Act

U.S. House of Representatives

2022-01-21

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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

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Union Calendar No. 168

117th CONGRESS

2d Session

H. R. 5633

[Report No. 117–233]

IN THE HOUSE OF REPRESENTATIVES

October 19, 2021

Mr. Thompson of Mississippi

introduced the following bill; which was referred to the

Committee on Homeland Security

January 21, 2022

Additional sponsor:

Mr. Swalwell

January 21, 2022

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on October 19, 2021

A BILL

To amend the Homeland Security Act of 2002 to enhance transparency regarding reports conducted by the Inspector General of the Department of Homeland Security, and for other purposes.

1.

Short title

This Act may be cited as the

Department of Homeland Security Inspector General Transparency Act

.

2.

Office of Inspector General of the Department of Homeland Security

(a)

In general

Subtitle B of title VIII of the Homeland Security Act of 2002 is amended by inserting before section 812 the following new section:

811.

Office of Inspector General

(a)

Publication of reports

(1)

In general

Beginning not later than 30 days after the date of the enactment of this section, the Inspector General of the Department shall submit to the appropriate congressional committees any report finalized on and after such date that substantiates—

(A)

a violation of paragraph (8) or (9) of section 2302(b) of title 5, United States Code, section 1034 of title 10, United States Code, or Presidential Personnel Directive-19; or

(B)

an allegation of misconduct, waste, fraud, abuse, or violation of policy within the Department involving a member of the Senior Executive Service or politically appointed official of the Department.

(2)

Public availability

(A)

In general

Concurrent with the submission to the appropriate congressional committees of reports pursuant to paragraph (1), the Inspector General shall, consistent with privacy, civil rights, and civil liberties protections, publish on a publicly available website of the Inspector General each such report.

(B)

Exception

The requirement pursuant to subparagraph (A) to publish reports does not apply if section (5)(e)(1) of the Inspector General Act of 1978 applies to any such report.

(3)

Requirement

(A)

In general

The Inspector General of the Department may not redact any portion of a report submitted pursuant to paragraph (1).

(B)

Exception

The requirement under subparagraph (A) shall not apply with respect to the name or any other identifying information, including any contextual details not relevant to the audit, inspection, or evaluation at issue that may be used by other employees or officers of the Department to determine the identity of a whistleblower complainant, of a whistleblower complainant who does not consent to the inclusion of such in a report of the Inspector General.

(b)

Semiannual reporting

Beginning with the first semiannual report transmitted to the appropriate committees or subcommittees of the Congress pursuant to

section 5(b)

of the Inspector General Act of 1978 that is transmitted after the date of the enactment of this section, each such report shall be accompanied by a list of ongoing audits, inspections, and evaluations of the Department, together with a narrative description relating to each such audit, inspection, or evaluation that identifies the scope of such audit, inspection, or evaluation, as the case may be, as well as the subject office, component, or directorate of the Department. For each such ongoing audit, inspection, or evaluation such narrative description shall include the following:

(1)

Information relating to the source of each such audit, inspection, or evaluation.

(2)

Information regarding whether each such audit, inspection, or evaluation is being conducted independently, jointly, concurrently, or in some other manner.

(3)

In the event each such audit, inspection, or evaluation was initiated due to a referral, the date on which the Inspector General notified the originator of a referral of the Inspector General’s intention to carry out such audit, inspection, or evaluation.

(4)

Information relating to the dates on which—

(A)

each such audit, inspection, or evaluation was initiated;

(B)

a draft report relating to each such audit, inspection, or evaluation is scheduled to be submitted to the Secretary for review; and

(C)

a final report relating to each such audit, inspection, or evaluation is scheduled to be submitted to the appropriate congressional committees and published on the website of the Inspector General in accordance with paragraphs (1) and (2), respectively, of subsection (a).

(5)

An explanation for—

(A)

any significant changes to the narrative description of each such audit, inspection, or evaluation, including the identification of the subject office, component, or directorate of the Department; or

(B)

a delay of more than 30 days in the scheduled date for submitting to the Secretary a draft report for review or publishing on the website of the Inspector General of the Department the final report relating to each such audit, inspection, or evaluation.

(6)

Data regarding tips and complaints made to the Inspector General Hotline of the Department or otherwise referred to the Department, including—

(A)

the number and type of tips and complaints regarding fraud, waste, abuse, corruption, financial crimes, civil rights and civil liberty abuse, or other complaints regarding criminal or non-criminal activity associated with fraud, waste, or abuse;

(B)

actions taken by the Department to address or resolve each substantiated tip or complaint;

(C)

the total amount of time it took the Department to so address or resolve each such substantiated tip or complaint;

(D)

the total number of tips and complaints that are substantiated compared with the number of tips and complaints that are unsubstantiated; and

(E)

the percentage of audits, inspections, and evaluations that are initiated as a result of tips and complaints made to the Inspector General Hotline.

(c)

Notification to Congress

The Inspector General of the Department shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate if the head of an office or component of the Department does not provide in a timely manner to the Inspector General information or assistance that is requested by the Inspector General to conduct an audit, inspection, or evaluation.

(d)

Definition

In this section, the term

appropriate congressional committees

means the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and any committee of the House of Representatives or the Senate, respectively, having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by amending the item relating to section 811 to read as follows:

Sec. 811. Office of Inspector General.

.

(c)

Reports

(1)

Inspector General of DHS

Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Comptroller General of the United States a report on the policies, procedures, and internal controls established that ensure compliance with the Quality Standards for Federal Offices of Inspector General from the Council of Inspectors General on Integrity and Efficiency.

(2)

Comptroller General

Not later than one year after receipt of the report required under paragraph (1), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an evaluation of such report.

January 21, 2022

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed