[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5182 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5182

 To amend the Homeland Security Act of 2002 to clarify the mission and 
responsibilities of the Department of Homeland Security with respect to 
   the protection of civil rights and civil liberties, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2004

  Mr. Thompson of Mississippi (for himself, Mr. Turner of Texas, Mrs. 
 Christensen, Ms. McCarthy of Missouri, Ms. Jackson-Lee of Texas, Ms. 
 Norton, and Mr. Meek of Florida) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Select Committee on Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to clarify the mission and 
responsibilities of the Department of Homeland Security with respect to 
   the protection of civil rights and civil liberties, 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 ``Homeland Security Civil Rights and 
Civil Liberties Protection Act of 2004''.

SEC. 2. MISSION OF DEPARTMENT OF HOMELAND SECURITY.

    Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
111(b)(1)) is amended--
            (1) in subparagraph (F), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) ensure that the civil rights and civil 
                liberties of persons are not diminished by efforts, 
                activities, and programs aimed at securing the 
                homeland; and''.

SEC. 3. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

    Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 
345(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``report directly to the Secretary and shall'' after ``who 
        shall'';
            (2) in paragraph (1)-
                    (A) by striking ``alleging'' and inserting 
                ``concerning'';
                    (B) by striking ``racial and ethnic'';
                    (C) by inserting ``on the basis of race, ethnicity, 
                or religion,'' after ``profiling''; and
                    (D) by striking ``and'' after the semicolon at the 
                end;
            (3) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(3) assist the Secretary, directorates, and offices of 
        the Department to develop, implement, and periodically review 
        Department policies and procedures to ensure that the 
        protection of civil rights and civil liberties is appropriately 
        incorporated into Department programs and activities;
            ``(4) 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;
            ``(5) coordinate with the official appointed under section 
        222 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) the Congress receives appropriate reports 
                regarding such programs, policies, and procedures; and
            ``(6) investigate complaints 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.''.

SEC. 4. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF 
              INSPECTOR GENERAL.

    (a) Designation and Functions of Senior Official.--The Homeland 
Security Act of 2002 (Public Law 107-296) is amended by inserting after 
section 812 the following:

``SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF 
              INSPECTOR GENERAL.

    ``(a) Designation of Senior Official.--The Inspector General of the 
Department of Homeland Security shall designate a senior official 
within the Office of Inspector General who is a career member of the 
civil service at the equivalent to the GS-15 level or a career member 
of the Senior Executive Service, to perform the functions described in 
subsection (b).
    ``(b) Functions.--The senior official designated under subsection 
(a) shall---
            ``(1) coordinate the activities of the Office of Inspector 
        General with respect to investigations of abuses of civil 
        rights or civil liberties;
            ``(2) receive and review complaints and information from 
        any source alleging abuses of civil rights and civil liberties 
        by employees or officials of the Department of Homeland 
        Security or by employees or officials of independent 
        contractors or grantees of the Department;
            ``(3) initiate investigations of alleged abuses of civil 
        rights or civil liberties by employees or officials of the 
        Department of Homeland Security or by employees or officials of 
        independent contractors or grantees of the Department;
            ``(4) ensure that personnel within the Office of Inspector 
        General receive sufficient training to conduct effective civil 
        rights and civil liberties investigations;
            ``(5) consult with the Officer for Civil Rights and Civil 
        Liberties of the Department of Homeland Security regarding--
                    ``(A) alleged abuses of civil rights or civil 
                liberties; and
                    ``(B) any policy recommendations regarding civil 
                rights and civil liberties that may be founded upon an 
                investigation by the Office of Inspector General;
            ``(6) provide the Officer for Civil Rights and Civil 
        Liberties with information regarding the outcome of 
        investigations of alleged abuses of civil rights and civil 
        liberties;
            ``(7) refer civil rights and civil liberties matters that 
        the Inspector General decides not to investigate to the Officer 
        for Civil Rights and Civil Liberties;
            ``(8) ensure that the Office of the Inspector General 
        publicizes and provides convenient public access to information 
        regarding--
                    ``(A) the procedure to file complaints or comments 
                concerning civil rights and civil liberties matters; 
                and
                    ``(B) the status of investigations initiated in 
                response to public complaints; and
            ``(9) inform the Officer for Civil Rights and Civil 
        Liberties of any weaknesses, problems, and deficiencies within 
        the Department relating to civil rights or civil liberties.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 812 
the following:

``Sec. 813. Protection of civil rights and civil liberties by Office of 
                            Inspector General.''.

SEC. 5. PRIVACY OFFICER.

    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        who shall report directly to the Secretary,'' after ``in the 
        Department'';
            (2) in paragraph (4), by striking ``and'' after the 
        semicolon at the end;
            (3) by redesignating paragraph (5) as paragraph (6); and
            (4) by inserting after paragraph (4) the following:
            ``(5) coordinating with the Officer for Civil Rights and 
        Civil Liberties 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) the Congress receives appropriate reports on 
                such programs, policies, and procedures; and''.
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