[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8103 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8103

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 HOUSE OF REPRESENTATIVES

                             April 20, 2024

   Mr. Green of Texas (for himself, Mr. Thompson of Mississippi, Mr. 
    Goldman of New York, Ms. Clarke of New York, Mr. Ivey, and Mr. 
  Thanedar) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 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) Establishment.--
            ``(1) In general.--There is established within the 
        Department an Office for Civil Rights and Civil Liberties 
        (referred to in this section as the `Office'). The head of the 
        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.
            ``(2) Duties.--The Secretary and the head of each component 
        shall--
                    ``(A) ensure that the Officer for Civil Rights and 
                Civil Liberties of the Department and the Officer for 
                Civil Rights and Civil Liberties of such component--
                            ``(i) have the information, materials, and 
                        resources necessary to carry out the functions 
                        of the Office;
                            ``(ii) are consulted in advance of new or 
                        proposed changes to policies, programs, 
                        initiatives, or activities impacting civil 
                        rights or civil liberties; and
                            ``(iii) are given full and complete access 
                        to all materials and personnel necessary to 
                        carry out the functions of the Office; and
                    ``(B) consider advice and recommendations from the 
                Officer for Civil Rights and Civil Liberties of the 
                Department in the development and implementation of 
                policies, programs, initiatives, and activities 
                impacting civil rights or civil liberties.
    ``(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 or civil liberties of individuals affected by the 
        policies, programs, initiatives, or activities of the 
        Department.
            ``(2) Review and assess information concerning abuses of 
        civil rights or civil liberties, and profiling on the basis of 
        race, ethnicity, national origin, religion, sex, sexual 
        orientation, gender identity, disability, or other 
        characteristics, by employees or officials of the Department.
            ``(3) Integrate civil rights and civil liberties 
        protections into all policies, programs, initiatives, and 
        activities of the Department.
            ``(4) Conduct civil rights and civil liberties assessments, 
        as appropriate, prior to the implementation of new Department 
        regulations, policies, programs, initiatives, or activities.
            ``(5) Conduct periodic reviews and assessments of policies, 
        programs, initiatives, and activities of the Department 
        relating to civil rights and civil liberties, including reviews 
        and assessments.
            ``(6) Provide to the Secretary, the heads of components, 
        and other personnel within the Department policy advice, 
        recommendations, and other technical assistance relating to 
        civil rights and civil liberties.
            ``(7) Investigate complaints and information indicating 
        possible abuses of civil rights or civil liberties by employees 
        or officials of the Department, unless the Inspector General of 
        the Department determines that any such complaint should be 
        investigated by the Inspector General.
            ``(8) Initiate reviews and assessments of the 
        administration of the policies, programs, initiatives, and 
        activities of the Department relating to civil rights and civil 
        liberties.
            ``(9) Coordinate with the Privacy Officer appointed under 
        section 222 to ensure that--
                    ``(A) policies, programs, initiatives, or 
                activities involving civil rights, civil liberties, or 
                privacy considerations are addressed in an integrated 
                and comprehensive manner; and
                    ``(B) Congress receives appropriate reports 
                regarding such policies, programs, initiatives, and 
                activities.
            ``(10) Lead the equal employment opportunity programs of 
        the Department, including complaint management and 
        adjudication, workforce diversity, and promotion of merit 
        system principles.
            ``(11) Make publicly available through accessible 
        communications channels, including the website of the 
        Department, the following:
                    ``(A) Information on the responsibilities and 
                functions of, and how to contact, the Office.
                    ``(B) Summaries of investigations carried out 
                pursuant to paragraph (7) that result in 
                recommendations.
                    ``(C) Summaries of assessments and reviews carried 
                out pursuant to paragraphs (4), (5), or (8), as the 
                case may be.
            ``(12) Engage with individuals, stakeholders, and 
        communities the civil rights and civil liberties of which may 
        be affected by the policies, programs, initiatives, or 
        activities of the Department, including by--
                    ``(A) informing such individuals, stakeholders, and 
                communities concerning such policies, programs, 
                initiatives, or activities, as the case may be;
                    ``(B) providing information regarding how to report 
                and access redress processes; and
                    ``(C) providing Department leadership and other 
                personnel within the Department feedback from such 
                individuals, stakeholders, and communities regarding 
                the civil rights and civil liberties impacts of such 
                policies, programs, initiatives, or activities, and 
                working with State, local, Tribal, and territorial 
                homeland security partners to enhance the Department's 
                policymaking and program implementation.
            ``(13) Lead the Department's language access work to ensure 
        the Department engages effectively with individuals, 
        stakeholders, and communities.
            ``(14) Participate in the hiring or designation of a civil 
        rights and civil liberties officer within each component and 
        participate in the performance review process for each such 
        officer.
    ``(c) Authority To Investigate.--
            ``(1) In general.--For the purposes of paragraph (7) of 
        subsection (b), the Officer shall--
                    ``(A) have timely access to all materials and 
                personnel necessary to carry out the functions of the 
                Office;
                    ``(B) issue such reports as are necessary or 
                appropriate in accordance with subsection (g);
                    ``(C) conduct an investigation in such manner as 
                the Secretary directs; and
                    ``(D) administer to or take from any person an 
                oath, affirmation, or affidavit, whenever necessary to 
                perform the responsibilities of the Officer.
            ``(2) Effect of oaths.--Any oath, affirmation, or affidavit 
        administered or taken pursuant to subparagraph (D) of paragraph 
        (1) by or before an employee of the Office designated for such 
        purpose by the Officer shall have the same force and effect as 
        if administered or taken by or before an officer having a seal 
        of office.
    ``(d) Notification Requirement.--In the case of a complaint made 
concerning allegations of an abuse of civil rights or civil liberties 
under paragraph (7) of subsection (b), the Officer shall--
            ``(1) provide to the individual who made such complaint 
        notice of the receipt of such complaint within 30 days of 
        receiving such complaint; and
            ``(2) inform the individual of the determination of the 
        Office regarding--
                    ``(A) the initiation of a review, investigation, or 
                assessment, as the case may be, by the Office;
                    ``(B) a referral to the Inspector General of the 
                Department; or
                    ``(C) any other action taken.
    ``(e) Coordination With Inspector General.--
            ``(1) In general.--
                    ``(A) Referral.--Before initiating an investigation 
                initiated by the Officer pursuant to paragraph (7) of 
                subsection (b), the Officer shall refer the matter at 
                issue to the Inspector General of the Department.
                    ``(B) Determinations and notifications by inspector 
                general.--Not later than seven days after the receipt 
                of a matter at issue under subparagraph (A), the 
                Inspector General shall--
                            ``(i) determine whether the Inspector 
                        General intends to initiate an investigation of 
                        such matter; and
                            ``(ii) notify the Officer of such 
                        determination.
                    ``(C) Investigations.--The Secretary may authorize 
                the Officer to conduct an investigation pursuant to 
                paragraph (7) of subsection (b) if the Secretary 
                determines that a complaint warrants both the Officer 
                and the Inspector General conducting investigations 
                concurrently or in some other manner.
                    ``(D) Notification by the officer.--If the Officer 
                does not receive notification of a determination 
                pursuant to subparagraph (B)(ii), the Officer shall 
                notify the Inspector General of whether the Officer 
                intends to initiate an investigation into the matter at 
                issue.
    ``(f) Recommendations; Response.--
            ``(1) In general.--In the case of an investigation 
        initiated by the Officer pursuant to paragraph (7) of 
        subsection (b), if such an investigation results in the 
        issuance of recommendations, the Officer shall produce a report 
        that--
                    ``(A) includes the final findings and 
                recommendations of the Officer;
                    ``(B) is made publicly available in summary form;
                    ``(C) does not include any personally identifiable 
                information; and
                    ``(D) may include a classified annex.
            ``(2) Transmission.--The Officer shall transmit to the 
        Secretary and the head of the relevant component a copy of each 
        report under paragraph (1).
            ``(3) Response.--
                    ``(A) In general.--Not later than 45 days after the 
                date on which the Officer transmits to the head of a 
                component a copy of a report pursuant to paragraph (2), 
                such head shall submit to the Secretary and the Officer 
                a response to such report.
                    ``(B) Rule of construction.--In the response 
                submitted pursuant to subparagraph (A), each 
                recommendation contained in the report transmitted 
                pursuant to paragraph (2) with which the head of the 
                component at issue concurs shall be deemed an accepted 
                recommendation of the Department.
                    ``(C) Nonconcurrence; appeal.--If the head of a 
                component does not concur with a recommendation 
                contained in the report transmitted pursuant to 
                paragraph (2), or if such head does not respond to a 
                recommendation within 60 days in accordance with 
                subparagraph (A), the Officer may appeal to the 
                Secretary.
                    ``(D) Result.--If the Officer appeals to the 
                Secretary pursuant to subparagraph (C), the Secretary 
                shall, not later than 60 days after the date on which 
                the Officer appeals--
                            ``(i) accept the Officer's recommendation, 
                        which recommendation shall be deemed the 
                        accepted recommendation of the Department; or
                            ``(ii) accept the nonconcurrence of the 
                        head of the component at issue if transmitted 
                        in accordance with subparagraph (A).
    ``(g) Reporting.--
            ``(1) In general.--In the case of an investigation 
        initiated by the Officer pursuant to paragraph (7) subsection 
        (b), if such an investigation resulted in the issuance of 
        recommendations, the Officer shall, on an annual basis, make 
        publicly available through accessible communications channels, 
        including the website of the Department, the following:
                    ``(A) The accepted recommendations of the 
                Department, if any.
                    ``(B) A summary of investigations that result in 
                final recommendations that are issued by the Officer.
            ``(2) Prohibition.--Materials made publicly available 
        pursuant to paragraph (1) may not include any personally 
        identifiable information related to any individual involved in 
        the investigation at issue.
    ``(h) Component Civil Rights and Civil Liberties Officers.--
            ``(1) In general.--Any component that has an Officer for 
        Civil Rights and Civil Liberties of such component shall ensure 
        that such Officer for Civil Rights and Civil Liberties of 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 or civil liberties within 
        each such component.
            ``(2) Officers of operational components.--The head of each 
        operational component, in consultation with the Officer for 
        Civil Rights and Civil Liberties of the Department, shall hire 
        or 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 such operational component.
            ``(3) Responsibilities.--Each Officer for Civil Rights and 
        Civil Liberties of each operational component--
                    ``(A) shall have access in a timely manner to the 
                information, materials, and information necessary to 
                carry out the functions of such officer;
                    ``(B) shall be consulted in advance of new or 
                proposed changes to component policies, programs, 
                initiatives, or activities impacting civil rights or 
                civil liberties;
                    ``(C) shall be given full and complete access to 
                all component materials and component personnel 
                necessary to carry out the functions of such officer;
                    ``(D) may, to the extent the Officer for Civil 
                Rights and Civil Liberties of the Department 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 each such 
                component Officer under this section; and
                    ``(E) may administer any oath, affirmation, or 
                affidavit, and such oath, affirmation, shall have the 
                same force and effect as if administered or taken by or 
                before an officer having a seal of office.
    ``(i) Annual Report.--Not later than June 30 of each year, the 
Officer shall submit to the Committee on Homeland Security of the House 
of Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and any other committee of the House of 
Representatives or the Senate, as the case may be, the Officer 
determines relevant, a report on the implementation of this section 
during the immediately preceding fiscal year. Each such annual report 
shall be prepared and submitted for supervisory review and appropriate 
comment or amendment by the Secretary prior to submission to such 
committees, and the Officer shall consider and incorporate any comments 
or amendments as a result of such review. Each such report shall 
include, for the year covered by such report, the following:
            ``(1) A list of Department regulations, policies, programs, 
        initiatives, and activities for which civil rights or civil 
        liberties assessments were conducted, or policy advice, 
        recommendations, or other technical assistance was provided.
            ``(2) An assessment of the efforts of the Department to 
        effectively communicate with individuals, stakeholders, or 
        communities impacted by policies, programs, initiatives, or 
        activities of the Department, including the individuals, 
        stakeholders, and communities referred to in subsection 
        (b)(13).
            ``(3) A summary of recommendations issued pursuant to 
        subsection (f) regarding investigations under paragraph (7) of 
        subsection (b), together with information on the status of the 
        implementation of such recommendations by the component at 
        issue.
            ``(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, including public 
        meetings, to engage with individuals, stakeholders, and 
        communities the civil rights and civil liberties of which may 
        be affected by policies, programs, initiatives, or activities 
        of the Department.
            ``(6) Information regarding total staffing for the Office, 
        including regarding the following:
                    ``(A) The number of full-time, part-time, and 
                contract support personnel.
                    ``(B) Information on the number of employees whose 
                primary responsibilities include supporting the Officer 
                in carrying out paragraph (10) of subsection (b).
            ``(7) If required, a classified annex.
    ``(j) Definition.--In this section, the term `component' means any 
operational component, non-operational component, directorate, or 
office of the Department.''.
    (b) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the 
Intelligence Reform and Terrorism Prevention 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 Accountability of the 
House of Representatives''.
    (c) Comptroller General Review.--Not later than two 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)(12) of section 705 of the Homeland Security Act of 
2002 (6 U.S.C. 345), as amended by subsection (a).
    (d) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by amending the item 
relating to section 705 to read as follows:

``Sec. 705. Officer for Civil Rights and Civil Liberties.''.
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