[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3846 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3846
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
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.
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
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.
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