[Congressional Record Volume 150, Number 84 (Thursday, June 17, 2004)]
[Senate]
[Pages S7003-S7005]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Mr. Wyden):
  S. 2536. 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; to the Committee on 
Governmental Affairs.
  Mr. COLLINS. Mr. President, today Senator Wyden and I are introducing 
the Homeland Security Civil Rights and Civil Liberties Protection Act 
of 2004. It has been a pleasure to work with my colleague from Oregon 
on this legislation to strengthen protections for civil rights and 
civil liberties. In the wake of the terrorist attacks on September 11, 
2001, during his joint address to Congress, the President called on all 
Americans to ``uphold the values of America and remember why so many 
have come here. We're in a fight for our principles, and our first 
responsibility is to live by them.''
  In response to the need to safeguard our homeland, Congress enacted 
the Homeland Security Act of 2002 that

[[Page S7004]]

created the Department of Homeland Security, the most significant 
government restructuring in more than 50 years. But in focusing our 
attention on protecting the homeland from future terrorist attacks, we 
also must ensure that we do not trample on the very values that the 
terrorists seek to destroy. In enacting the Homeland Security Act, 
Congress understood the importance of providing checks and balances to 
protect civil rights and civil liberties. To this end, Congress created 
within the Department three positions devoted wholly or in part to 
ensuring respect for civil liberties as the Department carries out its 
mandate to protect our homeland. These positions are the Officer for 
Civil Rights and Civil Liberties, the Privacy Officer, and the 
Department's Inspector General. These three officials have crucial 
roles in assessing actions of the Department that may affect personal 
privacy, civil rights, and civil liberties.
  The nature of the mission of the Department of Homeland Security 
makes safeguards especially important. The Department is now our 
country's biggest law enforcement agency. It has more Federal officers 
with arrest and firearm authority than the Department of Justice. In 
addition, DHS law enforcement personnel have contact with thousands of 
people every day. In this post 9/11 world, DHS law enforcement 
personnel must be especially sensitive to maintaining civil liberties 
as they work to strengthen security and detect and deter terrorist 
attacks.
  I am pleased that the leadership of the Department recognizes the 
fundamental importance of protecting the rights of all of us while 
fighting terrorism. Under the leadership of Secretary Ridge, the new 
Department of Homeland Security has won praise for its commitment to 
the protection of our freedoms. Secretary Ridge has provided the 
Officer for Civil Rights and Civil Liberties and the Privacy Officer 
with the tools they need to be effective. These officials have 
functioned at the senior level, regularly providing advice to the 
Secretary and his deputies. The Officer for Civil Rights and Civil 
Liberties, the Privacy Officer and the Inspector General have met 
regularly with organizations concerned about civil liberties, privacy, 
human rights, and immigrant rights and have been responsive to their 
concerns.
  It is time for Congress to build on the foundation Secretary Ridge 
has laid in protecting civil rights and civil liberties. I believe the 
Homeland Security Civil Rights and Civil Liberties Protection Act of 
2004 does exactly that.
  The bill would write into law the activities of the Officer for Civil 
Rights and Civil Liberties. As enacted, the Homeland Security Act did 
not clearly define the duties of that position. Over the past year, 
however, a strong Officer, with the support of the Department's 
leadership, has charted an important course for his office. The Officer 
has worked closely with the senior leadership of the Department. He has 
assisted in the development of departmental policies to ensure that 
civil liberties are given due consideration. He has overseen compliance 
with constitutional and other requirements relating to the rights and 
liberties of individuals affected by the Department's programs. He has 
coordinated with the Privacy Officer to ensure that overlapping privacy 
and civil rights concerns are addressed in a comprehensive way. And he 
has investigated alleged abuses of civil rights and civil liberties.
  None of these activities is expressly addressed in the statutory 
language creating the Department, and there is no assurance in the law 
that future Officers for Civil Rights and Civil Liberties will work so 
energetically to carry out these vital duties. It is time for the law 
to catch up with practice, and the Homeland Security Civil Rights and 
Civil Liberties Protection Act ensures that goal.
  The bill also clarifies that the Officer for Civil Rights and Civil 
Liberties as well as the Privacy Officer should report directly to the 
Secretary, and requires coordination between those officers to ensure 
an integrated and comprehensive approach to the important issues they 
address.
  The Homeland Security Civil Rights and Civil Liberties Protection Act 
of 2004 strengthens the ability of the Department's Inspector General 
to safeguard civil rights and civil liberties by requiring the DHS 
Inspector General to designate a senior official to coordinate 
investigation of abuses, ensure public awareness of complaint 
procedures, and coordinate his or her work with the Officer for Civil 
Rights and Civil Liberties. This position is similar to one Congress 
created in the Office of the Inspector General of the Department of 
Justice.
  Finally, the Homeland Security Civil Rights and Civil Liberties 
Protection Act of 2004 amends the mission statement of the Department 
of Homeland Security to ensure that actions taken by the Department to 
protect the homeland do not diminish civil liberties and civil rights. 
This important revision places into the statutory language that the 
protection of civil rights and civil liberties is crucial in this time 
of heightened security.
  The battle against terror will last for many years, perhaps decades. 
During that long struggle, we must continue to secure our nation 
against future attacks, but at the same time protect those American 
values that define our free society. The Homeland Security Civil Rights 
and Civil Liberties Protection Act of 2004 will strengthen the 
protection of civil rights and civil liberties and will help to ensure 
that that protection will continue in the years to come.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2536

       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), by striking ``and'' 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 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;

[[Page S7005]]

       ``(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''.

  Mr. WYDEN. Mr. President, the threat of terrorism is an unfortunate 
fact of life today, and it is not going to go away any time soon. 
Protecting American citizens against this threat will continue to be an 
essential and urgent task for the foreseeable future.
  However, I do not believe that fighting terrorism aggressively 
requires tossing civil liberties protections into the scrap heap. This 
is not an ``either or'' choice. This country's tradition of high 
standards of civil rights and civil liberties should not and need not 
become the first casualty of the war on terrorism.
  I have made this point repeatedly in the time since the terrorist 
attacks of 9/11. Still, all too often, we have seen well-meaning 
government agencies take the approach of designing a security system or 
program first, and worrying about the civil liberties and privacy 
implications later.
  I am convinced that the approach of making civil liberties an 
afterthought doesn't work and isn't acceptable. Civil liberties and 
privacy considerations need to be built into the DNA of the Homeland 
Security Department and its various programs.
  The legislation that created the Homeland Security Department 
included some very positive steps in that regard, by creating an 
Officer for Civil Rights and Civil Liberties and a Privacy Officer.
  Today, I am joining Senator Collins in introducing new legislation to 
flesh out the role and stature of these key offices within the 
Department.
  Specifically, the legislation would add a reference to civil 
liberties to the statutory mission statement of the Department of 
Homeland Security. It would provide further detail as to the duties of 
the Officer for Civil Rights and Civil Liberties. It would specify that 
both the Officer for Civil Rights and Civil Liberties and the Privacy 
Officer shall report directly to the Secretary. And it would direct the 
DHS Inspector General to designate a point person within the I.G. 
office to focus expressly on civil liberties matters.
  None of these items represents a radical departure from the original 
Homeland Security legislation or the current practice of the 
department. Rather, this new bill codifies much of what is already 
going on, giving it a firm statutory basis.
  I hope my colleagues will join Senator Collins and me in supporting 
this legislation, and in delivering a strong message that civil 
liberties matters remain a core factor in this country's homeland 
security efforts. I ask unanimous consent that the text of the bill be 
printed in the Record.
                                 ______