Department of Homeland Security Inspector General Transparency Act

Bill: 118-hr-3846
Sponsor: full_name: Rep. Thompson, Bennie G. [D-MS-2]
Introduced: 2023-06-06
Policy area: Government Operations and Politics
Subjects: Accounting and auditing

Congressional oversight

Department of Homeland Security

Employment discrimination and employee rights

Federal officials

Government employee pay, benefits, personnel management

Government ethics and transparency, public corruption

Government information and archives

Government studies and investigations

Intelligence activities, surveillance, classified information
Latest action: action_date: 2023-06-06
text: Referred to the Subcommittee on Oversight, Investigations, and Accountability.

Summaries:
action_date: 2023-06-06
action_desc: Introduced in House
text: <html><body><p><strong>Department of Homeland Security Inspector General Transparency Act</strong></p> <p>This bill addresses reports conducted by the Office of Inspector General (OIG) of the Department of Homeland Security (DHS).</p> <p>Specifically, the bill requires the OIG to submit to Congress any report finalized on or after 30 days after the enactment of this bill that substantiates</p> <ul> <li>a violation of specified provisions regarding prohibited personnel practices, protected communications, or retaliatory personnel actions; </li> <li>a violation of Presidential Personnel Directive-19 (protecting whistleblowers with access to classified information); or</li> <li>an allegation of misconduct, waste, fraud, abuse, or a violation of policy within DHS involving a member of the Senior Executive Service or politically appointed official of DHS.</li> </ul> <p>The OIG must make each report publicly available on its website, with exceptions.</p> <p>The bill requires the OIG's semiannual reports to include specified information regarding </p> <ul> <li>ongoing audits, inspections, and evaluations;</li> <li>significant changes since the previous semiannual report regarding the narrative description of each such audit, inspection, or evaluation;</li> <li>any such audit, inspection, or evaluation terminated;</li> <li>certain delays; and</li> <li>data with respect to tips and complaints made to the OIG Hotline or otherwise referred to DHS.</li> </ul> <p>The OIG must report within one year 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. The Government Accountability Office must evaluate such report within one year after receipt of the report.</p></body></html>

tv_txt: I 118th CONGRESS 1st Session H. R. 3846 IN THE HOUSE OF REPRESENTATIVES June 6, 2023 Mr. Thompson of Mississippi (for himself and Mr. Ivey ) introduced the following bill; which was referred to the Committee on Homeland Security 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 the conditions specified in section 405(f)(1) of title 5, United States Code, 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 405(b) of title 5, United States Code, 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 since the previous semiannual report regarding the narrative description of each such audit, inspection, or evaluation, including the identification of the subject office, component, or directorate of the Department; (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; or (C) any such audit, inspection, or evaluation terminated. (6) Data regarding tips and complaints made to the Inspector General Hotline of the Department or otherwise referred to the Department, including the following: (A) The number and type of tips and complaints regarding fraud, waste, abuse, corruption, financial crimes, or 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. (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, component, or directorate 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.