[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4713 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 574
116th CONGRESS
  2d Session
                                H. R. 4713

                          [Report No. 116-280]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2019

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                            October 19, 2020

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
To amend the Homeland Security Act of 2002 to make certain improvements 
in the Office for Civil Rights and Civil Liberties 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Department of Homeland 
Security Office of Civil Rights and Civil Liberties Authorization 
Act''.</DELETED>

<DELETED>SEC. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL 
              LIBERTIES.</DELETED>

<DELETED>    (a) In General.--Section 705 of the Homeland Security Act 
of 2002 (6 U.S.C. 345) is amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking 
        ``establishment of''; and</DELETED>
        <DELETED>    (2) by striking subsections (a) and (b) and 
        inserting the following new subsections:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Responsibilities.--The Officer for Civil Rights and 
Civil Liberties shall carry out the following 
responsibilities:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Integrate civil rights and civil liberties 
        protections into all programs and activities of the 
        Department.</DELETED>
        <DELETED>    ``(3) Conduct civil rights and civil liberties 
        impact assessments, as appropriate, including prior to the 
        implementation of new Department regulations, initiatives, 
        programs, or policies.</DELETED>
        <DELETED>    ``(4) Conduct periodic reviews of policies, 
        procedures, and activities of the Department relating to civil 
        rights and civil liberties.</DELETED>
        <DELETED>    ``(5) Provide policy advice, recommendations, and 
        other technical assistance relating to civil rights and civil 
        liberties to the Secretary and to heads of components, 
        directorates, and offices and other personnel within the 
        Department.</DELETED>
        <DELETED>    ``(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 at the Department, unless the Inspector General of 
        the Department determines that any such complaint should be 
        investigated by the Inspector General.</DELETED>
        <DELETED>    ``(7) Initiate reviews, investigations, and 
        assessments of the administration of the programs and 
        activities by the Department relating to civil rights and civil 
        liberties, as the Officer determines necessary.</DELETED>
        <DELETED>    ``(8) Coordinate with the Privacy Officer to 
        ensure that--</DELETED>
                <DELETED>    ``(A) programs, policies, and procedures 
                involving civil rights, civil liberties, and privacy 
                considerations are addressed in an integrated and 
                comprehensive manner; and</DELETED>
                <DELETED>    ``(B) Congress receives appropriate 
                reports regarding such programs, policies, and 
                procedures.</DELETED>
        <DELETED>    ``(9) Lead the equal employment opportunity 
        programs of the Department, including complaint management and 
        adjudication, workforce diversity, and promotion of the merit 
        system principles.</DELETED>
        <DELETED>    ``(10) Make publicly available through accessible 
        communications channels, including the website of the 
        Department--</DELETED>
                <DELETED>    ``(A) information on the responsibilities 
                and functions of, and how to contact, the 
                Office;</DELETED>
                <DELETED>    ``(B) summary of reports of investigations 
                that result in final recommendations that are issued by 
                the Officer upon completion of investigations carried 
                out pursuant to paragraph (6); and</DELETED>
                <DELETED>    ``(C) summaries of impact assessments 
                issued by the Officer and carried out pursuant to 
                paragraph (3) or (7).</DELETED>
        <DELETED>    ``(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 report and 
        redress processes and advising the Secretary and heads of 
        components, directorates, offices, and other personnel within 
        the Department of concerns raised by such individuals and 
        communities.</DELETED>
<DELETED>    ``(c) Coordination With Inspector General.--</DELETED>
        <DELETED>    ``(1) Authority to investigate possible abuses.--
        The Officer for Civil Rights and Civil Liberties may 
        investigate any matter referred to in paragraph (6) or (7) of 
        subsection (b) after fulfilling the coordination requirements 
        under paragraph (2) with respect to such matter.</DELETED>
        <DELETED>    ``(2) Coordination requirements.--</DELETED>
                <DELETED>    ``(A) Referral of matters to inspector 
                general.--Before initiating any investigation described 
                under paragraph (1), the Officer for Civil Rights and 
                Civil Liberties shall refer the matter and all related 
                complaints to the Inspector General of the 
                Department.</DELETED>
                <DELETED>    ``(B) Inspector general 
                responsibilities.--</DELETED>
                        <DELETED>    ``(i) Determination and 
                        notification.--Not later than 5 business days 
                        after the receipt of a matter referred under 
                        subparagraph (A), the Inspector General shall--
                        </DELETED>
                                <DELETED>    ``(I) make a determination 
                                regarding whether the Inspector General 
                                intends to initiate an audit or 
                                investigation of the matter referred 
                                under subparagraph (A); and</DELETED>
                                <DELETED>    ``(II) notify the Officer 
                                of such determination.</DELETED>
                        <DELETED>    ``(ii) Audits and 
                        investigations.--If the Inspector General 
                        notifies the Officer for Civil Rights and Civil 
                        Liberties that the Inspector General intends to 
                        initiate an audit or investigation, the 
                        Inspector General shall--</DELETED>
                                <DELETED>    ``(I) initiate such audit 
                                or investigate by not later than 90 
                                days after providing such notification; 
                                or</DELETED>
                                <DELETED>    ``(II) not later than 3 
                                days after the end of the 90-day period 
                                specified in subclause (I), notify the 
                                Officer that such audit or 
                                investigation was not 
                                initiated.</DELETED>
                <DELETED>    ``(C) Provision of assistance.--At the 
                request of the Inspector General, the Officer for Civil 
                Rights and Civil Liberties may provide assistance to 
                the Inspector General on any investigation or audit 
                initiated by the Inspector General based on a referral 
                under subparagraph (A).</DELETED>
                <DELETED>    ``(D) Investigation by officer.--The 
                Officer for Civil Rights and Civil Liberties may 
                investigate a matter referred to the Inspector General 
                under subparagraph (A) only if--</DELETED>
                        <DELETED>    ``(i) the Inspector General 
                        notifies the Officer for Civil Rights and Civil 
                        Liberties that the Inspector General does not 
                        intend to initiate an audit or investigation 
                        relating to that matter; or</DELETED>
                        <DELETED>    ``(ii) the Inspector General 
                        provides notification under subparagraph 
                        (B)(ii)(II) that an audit or investigation was 
                        not initiated.</DELETED>
<DELETED>    ``(d) Transparency.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) provide to the individual who made 
                the complaint notice of the receipt of such complaint 
                within 30 days of receiving the complaint; 
                and</DELETED>
                <DELETED>    ``(B) inform the complainant of the 
                determination of the Officer regarding the initiation 
                of a review, assessment, or investigation within the 
                Office, a referral to the Inspector General of the 
                Department, or any other action taken.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) shall include the findings and 
                recommendations of the Officer;</DELETED>
                <DELETED>    ``(B) a summary of which shall be made 
                publicly available;</DELETED>
                <DELETED>    ``(C) shall not include any personally 
                identifiable information related to any individual 
                involved in such investigation; and</DELETED>
                <DELETED>    ``(D) may include a classified appendix, 
                as the Officer determines appropriate.</DELETED>
        <DELETED>    ``(3) Submittal to heads of operational 
        components.--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.</DELETED>
        <DELETED>    ``(4) Reports to congress.--Upon the conclusion of 
        any investigation conducted by the Officer for Civil Rights and 
        Civil Liberties under paragraph (6) or (7) of subsection (b), 
        the Officer shall submit to Congress a report on the 
        investigation, which shall be prepared and submitted without 
        any prior comment or amendment by the Secretary, Deputy 
        Secretary, or any other officer or employee of the Department, 
        unless the Officer seeks such comment.</DELETED>
<DELETED>    ``(e) 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 coordinate with and provide information to the Officer for Civil 
Rights and Civil Liberties of the Department on matters related to 
civil rights and civil liberties within the components.</DELETED>
<DELETED>    ``(f) Access to Information.--The Officer for Civil Rights 
and Civil Liberties of the Department--</DELETED>
        <DELETED>    ``(1) shall 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); and</DELETED>
        <DELETED>    ``(2) may, to the extent the Officer determines 
        necessary, and subject to the approval of the Secretary--
        </DELETED>
                <DELETED>    ``(A) 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 documentary 
                evidence necessary in the performance of the 
                responsibilities of the Officer under this section; 
                and</DELETED>
                <DELETED>    ``(B) 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.</DELETED>
<DELETED>    ``(g) 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, 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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(6) information on total staffing for the Office 
        of Civil Rights and Civil Liberties, including--</DELETED>
                <DELETED>    ``(A) the number of full-time, part-time 
                and contract support personnel; and</DELETED>
                <DELETED>    ``(B) information on the number of 
                employees whose primary responsibilities include 
                supporting the Officer in carrying out paragraph (9) of 
                subsection (b).''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``SEC. 705. OFFICER FOR CIVIL RIGHTS AND CIVIL 
              LIBERTIES.''.</DELETED>

<DELETED>SEC. 3. COMPTROLLER GENERAL REVIEW.</DELETED>

<DELETED>    Not later than 180 days after the date of the enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report on subsection (b)(11) of section 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 345), as amended by section 2.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security 
Office for Civil Rights and Civil Liberties Authorization Act''.

SEC. 2. 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 (referred to in this 
section as the `Officer'), who shall report directly to the Secretary.
    ``(b) Responsibilities.--The Officer 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 
        protections into all programs and activities of the Department.
            ``(3) Conduct civil rights and civil liberties impact 
        assessments, including, as appropriate, prior to the 
        implementation of new Department regulations, initiatives, 
        programs, or policies.
            ``(4) Conduct periodic reviews and assessments of policies, 
        procedures, and activities of the Department relating to civil 
        rights and civil liberties, including reviews initiated by the 
        Officer.
            ``(5) Provide policy advice, recommendations, and other 
        technical assistance relating to civil rights and civil 
        liberties 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 
        at the Department, unless the Inspector General of the 
        Department determines that any such complaint should be 
        investigated by the Inspector General.
            ``(7) As the Officer determines necessary, initiate 
        reviews, investigations, and assessments of the administration 
        of the programs and activities of the Department relating to 
        civil rights and civil liberties.
            ``(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, 
        workforce diversity, and promotion of the merit system 
        principles.
            ``(10) On a semi-annual basis, 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 Office;
                    ``(B) summaries of the investigations carried out 
                pursuant to paragraph (6) that result in final 
                recommendations that are issued by the Officer ; and
                    ``(C) summaries of impact assessments carried out 
                pursuant to paragraph (3) or (7) that are issued by the 
                Officer.
            ``(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 report and redress processes 
        and advising the Secretary and heads of components, 
        directorates, and offices and other personnel within the 
        Department of concerns raised by such individuals and 
        communities.
            ``(12) Lead the Language Access Program for the Department 
        to ensure the Department can effectively communicate with all 
        individuals impacted by programs and activities of the 
        Department, including those with limited English proficiency.
    ``(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 
        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, a 
                referral to the Inspector General of the Department, or 
                any other action taken.
            ``(2) Investigations.--In the case of an investigation 
        initiated by the Officer pursuant to paragraph (6) or (7) of 
        subsection (b) in which findings or recommendations are issued, 
        the Officer--
                    ``(A) shall, on a semi-annual basis, make publicly 
                available through accessible communications channels, 
                including the website of the Department--
                            ``(i) the findings and recommendations of 
                        the Officer, if any; and
                            ``(ii) a summary of the investigations that 
                        result in final recommendations that are issued 
                        by the Officer; and
                    ``(B) shall not include in such findings, 
                recommendations, or summary any personally identifiable 
                information related to any individual involved in such 
                investigation.
            ``(3) Submittal to heads of operational components.--The 
        Officer shall transmit a copy of each summary produced under 
        paragraph (2) to the Secretary and to the head of each relevant 
        operational component of the Department.
            ``(4) Reports to congress.--Upon the conclusion of any 
        investigation conducted by the Officer under paragraph (6) or 
        (7) of subsection (b) in which findings or recommendations are 
        issued, the Officer shall submit to Congress a report on the 
        investigation, which shall be prepared and submitted without 
        any prior comment or amendment by the Secretary, Deputy 
        Secretary, or any other officer or employee of the Department 
        or the Office of Management and Budget, unless the Officer 
        seeks such comment.
    ``(d) Component Civil Rights and Civil Liberties Officer.--The head 
of each of the operational components of the Department, in 
consultation with the Officer, 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 coordinate with and provide information to 
the Officer for Civil Rights and Civil Liberties of the Department on 
matters related to civil rights and civil liberties within the 
component.
    ``(e) Access to Information.--The Officer--
            ``(1) shall have access in a timely manner 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); and
            ``(2) may, to the extent the Officer determines necessary, 
        and subject to the approval of the Secretary, 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 shall submit to the appropriate committees and subcommittees of 
Congress 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) 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;
            ``(2) a list of Department programs and activities relating 
        to civil rights and civil liberties that have not had impact 
        assessments conducted during the 5-year period ending on the 
        date of enactment of the Department of Homeland Security Office 
        of Civil Rights and Civil Liberties Authorization Act;
            ``(3) an assessment of the efforts of the Department 
        through the Language Access Program to effectively communicate 
        with all individuals impacted by programs and activities of the 
        Department, including those with limited English proficiency;
            ``(4) a summary of investigations resulting in 
        recommendations issued under paragraph (6) or (7) of subsection 
        (b) by the Officer to the Secretary or the head of a component, 
        directorate, or office, together with information on the status 
        of the component, directorate, or office's implementation of 
        such recommendations;
            ``(5) 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;
            ``(6) 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
            ``(7) information on total staffing for the Office for 
        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.''.
    (c) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the 
National Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee-
1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and 
Government Reform of the House of Representatives'' and inserting ``the 
Committee on Homeland Security of the House of Representatives, the 
Committee on Oversight and Reform of the House of Representatives''.

SEC. 3. COMPTROLLER GENERAL REVIEW.

    Not later than 2 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to Congress a 
report on the implementation of subsection (b)(11) of section 705 of 
the Homeland Security Act of 2002 (6 U.S.C. 345), as amended by section 
2.
                                                       Calendar No. 574

116th CONGRESS

  2d Session

                               H. R. 4713

                          [Report No. 116-280]

_______________________________________________________________________

                                 AN ACT

To amend the Homeland Security Act of 2002 to make certain improvements 
in the Office for Civil Rights and Civil Liberties of the Department of 
               Homeland Security, and for other purposes.

_______________________________________________________________________

                            October 19, 2020

                       Reported with an amendment