[Congressional Record Volume 168, Number 60 (Tuesday, April 5, 2022)]
[House]
[Pages H4162-H4164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DEPARTMENT OF HOMELAND SECURITY INSPECTOR GENERAL TRANSPARENCY ACT

  Mr. PAYNE. Mr. Speaker, I move to suspend the rules and pass the bill 
(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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5633

       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

[[Page H4163]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Payne) and the gentleman from Texas (Mr. Pfluger) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PAYNE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Mr. Speaker, I rise in support of H.R. 5633, and yield 
such time as he may consume to the gentleman from Mississippi (Mr. 
Thompson), the author of this bill and the chairman of the Committee on 
Homeland Security.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I appreciate the gentleman 
from New Jersey yielding me time.
  Mr. Speaker, my bill, H.R. 5633, the Department of Homeland Security 
Inspector General Transparency Act, seeks to provide Congress and the 
public greater insight into the findings of the independent body 
charged with overseeing the third-largest Federal department.
  The DHS Office of Inspector General has the dual mission of detecting 
waste, fraud, and abuse within the Department and promoting economy, 
efficiency, and effectiveness of Departmental resources.
  Since the establishment of the Department in 2003, Congress has 
looked to the DHS OIG to provide independent, fact-based analysis into 
departmental programs, activities, and personnel.
  Historically, the DHS OIG has provided critical oversight of the 
Department, including audits of FEMA following Hurricane Katrina, 
whistleblower retaliation at the Coast Guard, and conditions at 
Immigration and Customs Enforcement detention facilities.
  Troublingly, for the past 2 years, reports regarding substantiated 
whistleblower retaliation or misconduct by senior DHS officials have 
been withheld from Congress and the public.
  Last year, the Government Accountability Office released a report 
that brought to light significant and longstanding operational 
weaknesses at the DHS OIG that GAO concluded have impacted the quality 
and timeliness of the OIG's work.
  Separately, an independent government watchdog, the Project on 
Government Oversight, in July 2021, found that the DHS OIG has 
repeatedly impeded and delayed ongoing investigations into alleged 
improper handling of intelligence and whistleblower retaliation.
  My bill seeks to ensure that the DHS OIG operates in a more 
transparent manner with Congress and the public.
  Specifically, the legislation requires that the DHS OIG, when it 
substantiates allegations of whistleblower retaliation or misconduct by 
senior Department officials, provide those reports to Congress and 
publish them on its website.
  This legislation also requires additional reporting by the DHS OIG in 
its semiannual report to Congress.
  When enacted, the semiannual report would be required to include a 
description of every ongoing audit, inspection, and evaluation, as well 
as data on the number and types of complaints and tips that OIG 
receives.
  Finally, H.R. 5633 requires the inspector general to notify Congress 
if the head of any DHS component or office fails to respond to a DHS 
OIG request in a timely manner.
  The Department of Homeland Inspector General Transparency Act has 
bipartisan support and was reported out of committee by voice vote.
  Mr. Speaker, I urge my House colleagues to support this legislation.
  Mr. PFLUGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5633, the Department of 
Homeland Security Inspector General Transparency Act.
  An important element of all Federal departments and agencies, 
especially DHS, is the Office of the Inspector General. Although we all 
wish there was no waste, fraud, or abuse within government, the reality 
is it does exist, and it is the inspector general's mission to help the 
Department identify and address those issues as much as possible.
  I am fully supportive of the critical role that IGs play throughout 
the Federal Government, including my own time serving in the military. 
They are vital to ensuring accountability and transparency into each 
department and agency's activities.
  This is especially important in a department like DHS with a mission 
so vital to the security of our country. DHS is tasked with 
safeguarding the American people, our homeland, and our values against 
all enemies foreign and domestic.
  To do this on a daily basis, we must ensure that the men and women of 
the Department are able to focus on their mission, and the IG's office 
ensures this is done with integrity and honor.
  This bill, introduced by Chairman Thompson, requires the DHS 
inspector general to submit to Congress various reports that until now 
have not necessarily been provided or available to the public. The 
American public deserves to know.
  The requirements in this bill would help to make the IG's office and 
its important work more transparent not only to Congress but also to 
the American people.
  I urge Members to join me in supporting H.R. 5633, and I reserve the 
balance of my time.
  Mr. PAYNE. Mr. Speaker, I have no further speakers, and I am prepared 
to close after the gentleman closes.

                              {time}  1230

  Mr. PFLUGER. Mr. Speaker, I have no more speakers, and I am prepared 
to close. I yield myself such time as I may consume.
  Mr. Speaker, just as a side note here, we have been talking about 
transparency in this bill, and I think it is important that we do keep 
in mind that this is something that helps us in a nonpartisan way, 
regardless of the administration, and regardless of ``who is in power 
at that time.'' It is my sincere hope that this particular bill will 
actually advocate for the mission of DHS and not for political gain, 
not for political outcome.
  It has been my experience in Federal Government that a well-operating 
and well-oiled machine within the inspector general's office can help 
to be that check and that balance. And I think at this point in our 
history in the Department of Homeland Security, we face threats that we 
have probably never faced in six or seven decades. And we haven't seen 
the level and the intensity and the magnitude of those threats since 
before World War II, in my humble opinion.
  I believe, with this piece of legislation, that we can get to a point 
where the Department of Homeland Security does have that check and that 
balance, and provides the American public the information that is 
needed and the transparency that is needed.
  Whether it is on issues that are cyber; whether it is on issues that 
are directly targeting our homeland, or even on border issues, we do 
deserve transparency, and I think that is what the American public is 
asking for. I believe that is what this bill would do, and I urge my 
colleagues to support it.
  Mr. Speaker, I have no further speakers on this, and I yield back the 
balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  A transparent Office of Inspector General is a critical piece of a 
functional and effective Department of Homeland Security.
  H.R. 5633 seeks to make the DHS OIG more transparent by requiring 
additional public reporting by the DHS OIG so that the public and 
Congress know how their tax dollars are spent and can hold the DHS 
Secretary and other leaders within the department accountable

[[Page H4164]]

for wrongdoings by the agency or its personnel.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Payne) that the House suspend the rules 
and pass the bill, H.R. 5633, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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