[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2536 Reported in Senate (RS)]






                                                       Calendar No. 704
108th CONGRESS
  2d Session
                                S. 2536

                          [Report No. 108-350]

 To enumerate the responsibilities of the Officer for Civil Rights and 
Civil Liberties of the Department of Homeland Security, to require the 
Inspector General of the Department of Homeland Security to designate a 
 senior official to investigate civil rights complaints, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2004

Ms. Collins  (for herself and Mr. Wyden) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs.

                           September 20, 2004

               Reported by Ms. Collins, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To enumerate the responsibilities of the Officer for Civil Rights and 
Civil Liberties of the Department of Homeland Security, to require the 
Inspector General of the Department of Homeland Security to designate a 
 senior official to investigate civil rights complaints, 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--
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        inserting ``report directly to the Secretary and shall'' after 
        ``who shall'';</DELETED>
        <DELETED>    (2) in paragraph (1), by striking ``and'' at the 
        end;</DELETED>
            (1) by amending the matter preceding paragraph (1) to read 
        as follows:
    ``(a) In General.--The Officer for Civil Rights and Civil 
Liberties, who shall report directly to the Secretary, shall--'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) review and assess information concerning abuses of 
        civil rights, civil liberties, and profiling on the basis of 
        race, ethnicity, or religion, by employees and officials of the 
        Department;'';
            (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 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; 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.

    Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following:
    ``(f)(1) The Inspector General of the Department of Homeland 
Security shall designate a senior official within the Office of 
Inspector General, who shall be 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 paragraph (2).
    ``(2) The senior official designated under paragraph (1) shall--
            ``(A) coordinate the activities of the Office of Inspector 
        General with respect to investigations of abuses of civil 
        rights or civil liberties;
            ``(B) receive and review complaints and information from 
        any source alleging abuses of civil rights and civil liberties 
        by employees or officials of the Department and employees or 
        officials of independent contractors or grantees of the 
        Department;
            ``(C) initiate investigations of alleged abuses of civil 
        rights or civil liberties by employees or officials of the 
        Department and employees or officials of independent 
        contractors or grantees of the Department;
            ``(D) ensure that personnel within the Office of Inspector 
        General receive sufficient training to conduct effective civil 
        rights and civil liberties investigations;
            ``(E) consult with the Officer for Civil Rights and Civil 
        Liberties regarding--
                    ``(i) alleged abuses of civil rights or civil 
                liberties; and
                    ``(ii) any policy recommendations regarding civil 
                rights and civil liberties that may be founded upon an 
                investigation by the Office of Inspector General;
            ``(F) 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;
            ``(G) refer civil rights and civil liberties matters that 
        the Inspector General decides not to investigate to the Officer 
        for Civil Rights and Civil Liberties;
            ``(H) ensure that the Office of the Inspector General 
        publicizes and provides convenient public access to information 
        regarding--
                    ``(i) the procedure to file complaints or comments 
                concerning civil rights and civil liberties matters; 
                and
                    ``(ii) the status of investigations initiated in 
                response to public complaints; and
            ``(I) 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.''.

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'' 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) Congress receives appropriate reports on such 
                programs, policies, and procedures; and''.




                                                       Calendar No. 704

108th CONGRESS

  2d Session

                                S. 2536

                          [Report No. 108-350]

_______________________________________________________________________

                                 A BILL

 To enumerate the responsibilities of the Officer for Civil Rights and 
Civil Liberties of the Department of Homeland Security, to require the 
Inspector General of the Department of Homeland Security to designate a 
 senior official to investigate civil rights complaints, and for other 
                               purposes.

_______________________________________________________________________

                           September 20, 2004

                       Reported with an amendment