Department of Homeland Security Inspector General Transparency Act

Mr. Speaker, I rise in strong support of H.R. 5633. This bill requires the OIG to submit to Congress any report that substantiates a violation of specified provisions regarding prohibited personnel practices, protected communications, or retaliatory personnel actions.

The bill also requires the OIG to submit to Congress any report about a violation of Presidential Personnel Directive-19 (protecting whistleblowers with access to classified information); or an allegation of misconduct, waste, fraud, abuse, or a violation of policy within DHS involving a senior DHS official.

The OIG must make each report publicly available on its website, with some exceptions.

The bill requires the OIG's semiannual reports to include specified information regarding ongoing audits, inspections, and evaluations.

Mr. Speaker, the importance of this bill cannot be understated. Inspectors General are incredibly important in the justice process, and especially so when Homeland Security is under review.

The Department of Homeland Security has one of the hardest jobs of all federal agencies: protecting the homeland from terror.

As a senior member of the Committee on Homeland Security, I am fervently committed to overseeing and improving the Department of Homeland Security and keeping America safe from terrorism.

One way we do that is through enforcing accountability in all the Department's functions, which is the purpose of this bill.

To underscore its importance, I want to remind this body of critical reports from the Office of Inspector General in the Department of Homeland Security in 2018 and 2019. They brought to light the cruel humanitarian situation migrants were suffering through under the previous administration's zero-tolerance immigration policies.

In 2018, the Office of Inspector General released a scathing report detailing the previous administration's child separation policy.

The details of the report were damning. Specifically, it stated that: Department of Homeland Security was not prepared to deal with the staggering repercussions of separating children from their parents and there was no computer or automated system to facilitate the reunification of parents after they have been separated.

The OIG determined that, despite a 72-hour limit on the time a child may be separated from their parents, many children were separated for five days, and some as long as a dozen days.

The report concluded that the government failed to adequately notify parents of the child separation policy, and the process to initiate reunification.

The OIG found that government officials gave inconsistent information to parents arriving at the border, which had the effect of instituting confusion at these ports of entry.

The report made special note of how the former Secretary of Homeland Security, Kristjen Nielsen signed off on the actions which led to the child separation policy, which is in stark contrast to Secretary Nielsen's May 15, 2018, testimony to the United States Senate.

In another report published in 2019, the Office of Inspector General discussed the pitiful conditions for those being held in detention facilities along the border.

During the Inspector General's visits to five Border Patrol facilities and two ports of entry in the Rio Grande Valley, they reviewed compliance with CBP's Transport, Escort, Detention and Search (TEDS) standards, which govern CBP's interaction with detained individuals, and observed serious overcrowding and prolonged detention of unaccompanied alien children (UACs), families, and single adults that require immediate attention.

Specifically, Border Patrol was holding about 8,000 detainees in custody at the time of our visit, with 3,400 held longer than the 72 hours generally permitted under the TEDS standards. Of those 3,400 detainees, Border Patrol held 1,500 for more than 10 days.

In addition to the overcrowding they observed, Border Patrol's custody data indicates that 826 (31 percent) of the 2,669 children at these facilities had been held longer than the 72 hours generally permitted under the TEDS standards and the Flores Agreement.

For example, of the 1,031 UACs held at the Centralized Processing Center in McAllen, TX, 806 had already been processed and were awaiting transfer to HHS custody. Of the 806 that were already processed, 165 had been in custody longer than a week.

Additionally, there were more than 50 UACs younger than 7 years old, and some of them had been in custody over two weeks while awaiting transfer.

In addition to holding roughly 30 percent of minor detainees for longer than 72 hours, several Rio Grande Valley facilities struggled to meet other TEDS standards for UACs and families.

For example, children at three of the five Border Patrol facilities the Inspector General visited had no access to showers, despite the TEDS standards requiring that ``reasonable efforts'' be made to provide showers to children approaching 48 hours in detention.

At these facilities, children had limited access to a change of clothes; Border Patrol had few spare clothes for the children and no laundry facilities. While all facilities had infant formula, diapers, baby wipes, and juice and snacks for children, the Inspector General observed that two facilities had not provided children access to hot meals--as is required by the TEDS standards--until the week the Inspector General arrived.

Instead, the children were fed sandwiches and snacks for their meals. Additionally, while Border Patrol tried to provide the least restrictive setting available for children (e.g., by leaving holding room doors open), the limited space for medical isolation resulted in some UACs and families being held in closed cells.

These investigations and reports provide just a snapshot of the work the Office of Inspector General under the Department of Homeland Security does. Time and time again, they have shone a much-needed light on affairs that are all of public interest.

It is for that reason Mr. Speaker I strongly support H.R. 5633.

It will hold all decision makers accountable and force their actions to be submitted not only to Congress, but the court of public opinion as well.

This bill prioritizes both transparency and accountability, so I urge my colleagues to support this critical piece of legislation.

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. 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. 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. 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.

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.

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. Speaker, I have no further speakers, and I am prepared to close after the gentleman closes.

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

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.

Madam Speaker, I include in the Record the cost estimate prepared by the Congressional Budget Office for H.R. 5633, the Department of Homeland Security Inspector General Transparency Act. The cost estimate was not available at the time of the Committee report filing.

U.S. Congress,

Congressional Budget Office,

Washington, DC, February 10, 2022.

Hon. Bennie G. Thompson,

Chairman, Committee on Homeland Security,

House of Representatives, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has

prepared the enclosed cost estimate for H.R. 5633, the

Department of Homeland Security Inspector General

Transparency Act.

If you wish further details on this estimate, we will be

pleased to provide them. The CBO staff contact is Lindsay

Wylie.

Sincerely,

Phillip L. Swagel,

Director.

Enclosure.

H.R. 5633--Department of Homeland Security Inspector General

Transparency Act

As reported by the House Committee on Homeland Security on January 21,

2022

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By fiscal year, millions of

dollars--