[House Report 117-233]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {      117-233

======================================================================



 
   DEPARTMENT OF HOMELAND SECURITY INSPECTOR GENERAL TRANSPARENCY ACT

                                _______
                                

January 21, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5633]

    The Committee on Homeland Security, to whom was referred 
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, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     4
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     5
Federal Mandates Statement.......................................     5
Duplicative Federal Programs.....................................     6
Statement of General Performance Goals and Objectives............     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    H.R. 5633, the ``Department of Homeland Security Inspector 
General Transparency Act,'' requires the Department of Homeland 
Security (DHS) Office of Inspector General (OIG) to improve 
transparency regarding its investigations for both the public 
and Congress. It requires the Inspector General to provide 
certain completed reports to Congress and publish them on the 
OIG's website. To improve congressional oversight of OIG 
activities, the bill further requires additional reporting to 
Congress on ongoing audits, inspections, and evaluations. Such 
reporting shall include data on tips and complaints made to the 
IG Hotline, including descriptions of actions taken by DHS to 
address complaints received. The bill also requires the 
Inspector General to review and report on internal policies and 
procedures to ensure they comply with best practices for 
management and quality assurance.

                  Background and Need for Legislation

    Across the Federal Government, Inspectors General are 
charged with preventing and detecting waste, fraud, and abuse 
relating to an agency's programs and operations, and to promote 
economy, efficiency, and effectiveness in the agency's 
operations and programs. With DHS, since 2002, the OIG has been 
responsible for independent oversight and the promotion of 
excellence, integrity, and accountability within the 
Department.
    In the spring of 2020, OIG whistleblowers reported to the 
Committee that the Office planned to stop publishing reports 
that substantiate allegations of whistleblower retaliation or 
misconduct by senior DHS employees. After the senior OIG 
officials confirmed to the Committee that this change in policy 
was being considered, Chairman Bennie G. Thompson wrote to the 
Inspector General in September to express his concerns that 
such a change would reduce congressional and public 
transparency into substantiated allegations of misconduct by 
senior agency officials.\1\ The Chairman requested the IG not 
make the proposed changes and to notify the Committee should 
any changes in policy occur. Subsequently, the Committee 
learned that the policy change had already been made and had 
been in effect since March 2020.
---------------------------------------------------------------------------
    \1\Letter from Chairman Thompson to DHS Inspector General Joseph V. 
Cuffari (Sept. 29, 2020).
---------------------------------------------------------------------------
    In June 2021, the Government Accountability Office (GAO) 
released a report detailing the DHS OIG's long-standing 
management and operational weaknesses including: a lack of 
internal quality controls, absence of a strategic plan, and 
failure to examine and address the increased time it takes to 
complete reports.\2\ GAO made 21 recommendations to the OIG to 
develop better management and reporting systems and to follow 
established best practices.
---------------------------------------------------------------------------
    \2\``DHS Office of Inspector General: Actions Needed to Address 
Long-Standing Management Weaknesses,'' Government Accountability 
Office, GAO-21-316, (June 3, 2021), available at https://www.gao.gov/
products/gao-21-316.
---------------------------------------------------------------------------
    The next month, the independent government watchdog, the 
Project on Government Oversight (POGO), found that the DHS OIG 
had repeatedly impeded and delayed two ongoing investigations 
into alleged intelligence manipulation and whistleblower 
retaliation.\3\ The POGO investigation found that one of these 
delayed investigations would have examined allegations that the 
Department undertook a politically motivated effort to downplay 
the domestic terrorism threat from white supremacists ahead of 
the January 6th attack on the U.S. Capitol.
---------------------------------------------------------------------------
    \3\Adam Zagorin and Nick Schwellenbach, ``Did Whistleblower 
Reprisal Help Set the Stage for a January 6 Intelligence Failure?,'' 
Project on Government Oversight, (July 1, 2021), available at https://
www.pogo.org/investigation/2021/07/did-whistleblower-reprisal-help-set-
the-stage-for-a-january-6-intelligence-failure/
---------------------------------------------------------------------------
     H.R. 5633 seeks to enhance transparency regarding the DHS 
OIG's oversight findings by requiring reporting to Congress and 
the public upon the completion of investigations, particularly 
those that involve substantiated misconduct by senior 
officials. It also requires improved reporting on ongoing 
audits, inspections, and evaluations so the Committee has 
better insight into reports that may be delayed and for what 
reason. Finally, it addresses some of GAO's findings by 
requiring the OIG to review its policies and procedures to 
ensure compliance with best practices and for the GAO to 
perform an evaluation of that review once complete.

                                Hearings

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the following hearings 
were used to develop H.R. 5633:
           On April 21, 2021, the Committee on Homeland 
        Security held a hearing entitled, ``Oversight of the 
        Department of Homeland Security's Office of Inspector 
        General.'' The Committee received testimony from Mr. 
        Christopher P. Currie, Director, Homeland Security and 
        Justice Team, U.S. Government Accountability Office; 
        and Mr. Joseph V. Cuffari, Inspector General, U.S. 
        Department of Homeland Security.

                        Committee Consideration

    The Committee met on October 26, 2021, a quorum being 
present, to consider H.R. 5633 and ordered the measure to be 
favorably reported to the House, as amended, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 5633.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 5633 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 5633 is to improve transparency into completed DHS OIG 
investigations, increase congressional oversight over the OIG's 
ongoing activities, and to strengthen OIG management and 
operational guidelines.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that H.R. 5633 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

    Section 1. Short Title.
    This section states that the 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.
     This section requires the DHS IG to submit to relevant 
congressional committees any reports that substantiate 
whistleblower retaliation; or misconduct, waste, fraud, abuse 
or policy violations by members of the Senior Executive Service 
or politically appointed officials. These reports shall further 
be made publicly available in a manner consistent with privacy, 
civil rights, and civil liberties protections. These reports 
may not be redacted with the exception of identifying 
information of a whistleblower complainant.
     This section further establishes that the OIG, when 
submitting semiannual reports to Congress, shall also include a 
description of every ongoing audit, inspection, or evaluation. 
This description is to include information relating to: the 
source of the audit, inspection, or evaluation; whether it is 
being undertaken in coordination with any other entity, and an 
explanation of any significant change in focus or timeline for 
completion. Furthermore, these semiannual reports shall also 
include data regarding tips and complaints made to the DHS IG 
Hotline. These data are required to contain a description of 
the number and type of tips and complaints made, actions taken 
by the Department to address these tips and complaints and how 
long those actions took, the number of tips that are 
substantiated by the OIG, and the percentage of audits, 
inspections, or evaluations initiated as a result of Hotline 
tips and complaints.
     This section additionally requires the Inspector General 
to notify Congress if the head of a DHS component or office 
does not respond to OIG requests for information in a timely 
manner. It also requires the IG to produce a report within 1 
year of enactment of this Act on the policies, procedures, and 
internal controls established at the Office to ensure 
compliance with the Quality Standards for Federal Offices of 
Inspector General. Once that report is complete, the GAO is to 
review and produce an evaluation on its contents.
    The Committee intends for this legislation to provide 
greater transparency regarding the OIG's operation and guard 
against the risk that the issuance of investigative reports 
will be delayed or impeded for political or some other improper 
reason. Transparency regarding oversight findings is critical 
to the public interest and Congress, which relies on the OIG to 
provide independent, fact-based analysis into Departmental 
programs, activities, and personnel.

         Changes in Existing Law Made by the Bill, as Reported

   In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

   (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
   (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                      Subtitle B--Inspector General

[Sec. 811. Authority of the Secretary.]
Sec. 811. Office of Inspector General.

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


                     Subtitle B--Inspector General

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.

           *       *       *       *       *       *       *


                                  [all]