[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3433 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3433

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2020

Mr. Peters (for himself and Ms. Hassan) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
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,

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 by 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) summary of the investigations that result in 
                final recommendations that are issued by the Officer 
                carried out pursuant to paragraph (6); and
                    ``(C) summaries of impact assessments issued by the 
                Officer and carried out pursuant to paragraph (3) 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 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.
    ``(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 shall, on a semi-annual basis, make publicly 
        available through accessible communications channels, including 
        the website of the Department--
                    ``(A) the findings and recommendations of the 
                Officer, if any;
                    ``(B) a summary of the investigations that result 
                in final recommendations that are issued by the 
                Officer; and
                    ``(C) shall not include 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 relevant 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 
components.
    ``(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--
                    ``(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
                    ``(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.
    ``(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 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;
            ``(3) 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;
            ``(4) 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
            ``(5) 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 inserting ``the Committee on Homeland 
Security of the House of Representatives,'' after ``Affairs of the 
Senate,''.

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 subsection (b)(11) of section 705 of the Homeland Security 
Act of 2002 (6 U.S.C. 345), as amended by section 2.
                                 <all>