[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5633 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 168
117th CONGRESS
  2d Session
                                H. R. 5633

                          [Report No. 117-233]

  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.


_______________________________________________________________________


                    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.


 


    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 ``Department of Homeland Security 
Inspector General Transparency Act''.

SEC. 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:

``SEC. 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.
                                                 Union Calendar No. 168

117th CONGRESS

  2d Session

                               H. R. 5633

                          [Report No. 117-233]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            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