[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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