Officer for Civil Rights and Civil Liberties

(a)

In general

Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended— (1)in the section heading, by striking

Establishment of

; and (2)by striking subsections (a) and (b) and inserting the following new subsections:

(a)

In general

There is established within the Department an Office for Civil Rights and Civil Liberties. The head of such Office is the Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary. (b)

Responsibilities

The Officer for Civil Rights and Civil Liberties shall carry out the following responsibilities: (1)Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department. (2)Integrate civil rights and civil liberties into all programs and activities of the Department. (3)Conduct civil rights and civil liberties impact assessments, as appropriate. (4)Conduct periodic reviews of policies and activities of the Department. (5)Provide policy advice, recommendations, and other technical assistance to the Secretary and to heads of components, directorates, and offices and other personnel within the Department. (6)Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General. (7)Initiate reviews, assessments, and investigations of the administration of the programs and activities by the Department, as the Officer determines necessary. (8)Coordinate with the Privacy Officer to ensure that— (A)programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B)Congress receives appropriate reports regarding such programs, policies, and procedures. (9)Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, and promote workforce diversity and merit system principles. (10)Make publicly available through accessible communications channels, including the website of the Department— (A)information on the responsibilities and functions of, and how to contact, the Officer; and (B)reports that are issued by the Officer upon completion of investigations carried out pursuant to paragraph (6) or (7). (11)Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about redress processes and advising the Secretary and heads of components, directorates, offices, and other personnel within the Department of any concerns raised by such individuals and communities. (c)

Transparency

(1)

Complaints

In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer for Civil Rights and Civil Liberties shall— (A)provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and (B)inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office or a referral to the Inspector General of the Department. (2)

Investigations

In the case of an investigation initiated by the Officer pursuant to paragraph (6) or (7) of subsection (b), upon the conclusion of the investigation, the Officer shall produce a report on the investigation which— (A)shall include the findings and recommendations of the Officer; (B)shall be made publicly available; and (C)may include a classified appendix, as the Officer determines appropriate. (3)

Submittal to heads of operational compoenents

The Officer shall transmit a copy of each report produced under paragraph (2) to the Secretary and to the relevant head of each relevant operational component of the Department. (d)

Component civil rights and civil liberties officer

The head of each of the operational components of the Department shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. The Officer for Civil Rights and Civil Liberties of each such component shall report to the Officer for Civil Rights and Civil Liberties of the Department. (e)

Access to information

The Officer for Civil Rights and Civil Liberties of the Department shall— (1)have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the Officer under subsection (b); (2)subject to the approval of the Secretary, may, to the extent the Officer determines necessary, issue a subpoena to require the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data or documentary evidence necessary to the performance of the responsibilities of the Officer under this section; and (3)administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the performance of the responsibilities of the Officer under this section. (f)

Annual report

Not later than March 31 of each year, the Officer for Civil Rights and Civil Liberties of the Department shall submit directly to the President, the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department, a report on the implementation of this section during the year preceding the year during which the report is submitted. Each such report shall include, for the year covered by the report— (1)any allegations of abuse described under subsection (b)(6) and any actions by the Department or a component, directorate, or office of the Department that the Officer identifies as responsive to such allegations; (2)a list of Department programs and activities for which civil rights and civil liberties impact assessments were conducted, or policy advice, recommendations, or other technical assistance was provided; (3)any recommendations issued by the Officer to the Secretary or the head of a component, directorate, or office, together with information on the status of the implementation of such recommendations; (4)information on the diversity and equal employment opportunity activities of the Department, including information on complaint management and adjudication of equal employment opportunity complaints and efforts to ensure compliance throughout the Department with equal employment opportunity requirements; (5)a description of any efforts to engage with individuals and communities whose civil rights and civil liberties may be affected by activities carried out by the Department, including public meetings; and (6)information on total staffing for the Office of Civil Rights and Civil Liberties, including— (A)the number of full-time, part-time and contract support personnel; and (B)information on the number of employees whose primary responsibilities include supporting the Officer in carrying out paragraph (9) of subsection (b).

(b)

Clerical amendment

The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows:

Sec. 705. Officer for civil rights and civil liberties.