[Congressional Record Volume 165, Number 196 (Monday, December 9, 2019)]
[House]
[Pages H9373-H9376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY OFFICE OF CIVIL RIGHTS AND CIVIL
LIBERTIES AUTHORIZATION ACT
Ms. SLOTKIN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4713) 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, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4713
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 of 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, who shall report directly to the Secretary.
``(b) Responsibilities.--The Officer for Civil Rights and
Civil Liberties 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, as appropriate, including prior to the
implementation of new Department regulations, initiatives,
programs, or policies.
``(4) Conduct periodic reviews of policies, procedures, and
activities of the Department relating to civil rights and
civil liberties.
``(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) 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.
``(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) 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; and
``(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
``(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) Coordination With Inspector General.--
``(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.
``(2) Coordination requirements.--
``(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.
``(B) Inspector general responsibilities.--
[[Page H9374]]
``(i) Determination and notification.--Not later than 5
business days after the receipt of a matter referred under
subparagraph (A), the Inspector General shall--
``(I) make a determination regarding whether the Inspector
General intends to initiate an audit or investigation of the
matter referred under subparagraph (A); and
``(II) notify the Officer of such determination.
``(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--
``(I) initiate such audit or investigate by not later than
90 days after providing such notification; or
``(II) not later than three days after the end of the 90-
day period specified in subclause (I), notify the Officer
that such audit or investigation was not initiated.
``(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).
``(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--
``(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
``(ii) the Inspector General provides notification under
subparagraph (B)(ii)(II) that an audit or investigation was
not initiated.
``(d) 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
for Civil Rights and Civil Liberties 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), upon the conclusion of the investigation, the
Officer shall produce a report on the investigation which--
``(A) shall include the findings and recommendations of the
Officer;
``(B) a summary of which shall be made publicly available;
``(C) shall not include any personally identifiable
information related to any individual involved in such
investigation; and
``(D) may include a classified appendix, as the Officer
determines appropriate.
``(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.
``(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.
``(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.
``(f) Access to Information.--The Officer for Civil Rights
and Civil Liberties of the Department--
``(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
``(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.
``(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--
``(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;
``(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;
``(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;
``(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 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
``(6) information on total staffing for the Office of 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.''.
SEC. 3. COMPTROLLER GENERAL REVIEW.
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Michigan (Ms. Slotkin) and the gentleman from Louisiana (Mr. Higgins)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Michigan.
General Leave
Ms. SLOTKIN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
Ms. SLOTKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 4713, the
Department of Homeland Security Office of Civil Rights and Civil
Liberties Authorization Act.
The Department of Homeland Security Office of Civil Rights and Civil
Liberties, which I will call CRCL, is the primary office responsible
for integrating civil rights and civil liberties protections into DHS
policies, programs, and procedures.
Every day, DHS personnel interact with millions of people from across
the country and around the world. For this reason, it is imperative
that the Department's CRCL officer has the authority to ensure that DHS
pursues policies and programs that are in line with constitutionally
protected civil rights and civil liberties.
Under current law, the CRCL officer is authorized to assist the
leaders throughout the Department in appropriately incorporating civil
rights and civil liberties in DHS policies and procedures. However,
there have been instances where CRCL was not afforded the opportunity
to weigh in on DHS programs and policies that clearly impact
individuals' and communities' civil rights and civil liberties.
For example, it has been reported that CRCL was not consulted when
the Trump administration instituted the family separation policy at the
southern border. It has also been reported that the Office was not
consulted prior to the January 2017 travel ban that barred individuals
from Muslim-majority countries from entering the United States.
The bill before us today seeks to ensure that CRCL has a seat at the
table
[[Page H9375]]
when new programs and policies are being considered within DHS.
H.R. 4713, which was introduced by the gentleman from Texas (Mr.
Green), promotes the involvement of CRCL early in the policymaking
process and ensures the Office is empowered, when necessary, to prevent
DHS from pursuing policies that violate individuals' civil rights and
civil liberties.
To strengthen the integration of civil rights and civil liberties
across the Department, H.R. 4713 requires the designation of CRCL
officers within each DHS component.
Additionally, H.R. 4713 would confer the CRCL officer the same
authorities that currently rest with the DHS privacy officer to carry
out its responsibilities.
For instance, today, DHS components are not required to provide
information to the CRCL officer that may be needed for a civil
liberties investigation. Under H.R. 4713, the CRCL officer would have
the authority to access all Department records necessary to carry out
its work, including investigations.
The CRCL officer would also have the authority, with the support of
the DHS Secretary, to subpoena non-Federal entities to acquire
information, documents, reports, and other materials necessary to carry
out CRCL investigations.
Lastly, the bill would increase transparency and accountability
within the Department. Specifically, H.R. 4713 makes CRCL more
responsive and accessible to members of the public who file complaints
by requiring the Office to provide individuals with notices of receipt
within 30 days of a complaint.
The bill also requires CRCL to make publicly available its reports
and reviews of Department programs and submit those reports to
Congress.
We know that the CRCL does important work and that caseload is
growing. This year alone, the Office reviewed DHS policies relating to
the humanitarian crisis at the border, disaster assistance, and a
Departmentwide antiharassment policy, just to name a few items.
Given Congress' strong interest in the work of the Department's CRCL
officer, it is troubling that the last annual report that we have
received here in Congress was for fiscal year 2017. Increased public
reporting will allow us to work together to improve accountability of
the Department.
I appreciate that the Committee on Homeland Security came together on
a bipartisan basis to support this measure, and I urge my colleagues to
do the same.
Mr. Speaker, I reserve the balance of my time.
{time} 1645
Mr. HIGGINS of Louisiana. Mr. Speaker, I yield myself such time as I
may consume.
I rise today in support of H.R. 4713, the Department of Homeland
Security Office of Civil Rights and Civil Liberties Authorization Act.
Mr. Speaker, this legislation will give the Department of Homeland
Security Office of Civil Rights and Civil Liberties more tools to
conduct its investigations.
The bill does not significantly broaden the authority of CRCL; it is
intended to grant CRCL the authorities necessary to conduct meaningful
inquiries into allegations of abuse of civil rights and civil liberties
within DHS.
The bill specifically outlines mechanisms to ensure that there is
coordination with other entities at DHS who conduct investigations of
violations of civil rights. DHS already has numerous officers engaged
in investigating such violations, and we want to ensure that the new
authority granted to CRCL is not used to engage in duplicative
activities or investigations.
H.R. 4713 also grants CRCL access to DHS documents on programs and
operations, provides it with subpoena powers and the authority to
administer an oath or take an affidavit. These authorities should be
exercised only in the rarest of the circumstances and only after
approval by the Secretary.
DHS and its components should view cooperation with CRCL as standard
operating procedure and provide relevant documents when requested.
However, in utilizing the authority provided, CRCL must also respect
generally accepted exceptions to document production.
Finally, the bill requires the issuance of a report after an
investigation. Although not required, I expect CRCL to seek the
guidance of the Secretary and the components whenever possible during
an investigation to ensure that it is conducted in a fair and equitable
manner.
We have made some changes to the bill at the request of DHS. To the
extent that DHS continues to have concerns, I encourage the majority to
work with the Department as this bill moves to the Senate to address
outstanding issues.
Mr. Speaker, I support this bill, and I reserve the balance of my
time.
Ms. SLOTKIN. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Green).
Mr. GREEN of Texas. Mr. Speaker, I thank the gentlewoman for yielding
me the time and for her outstanding service as a member of this august
body. I would also like to thank my friend from Louisiana, my home
State, for his outstanding presentation as it relates to this piece of
legislation.
Seated next to the gentleman from Louisiana is our dear friend, who
is cosponsoring this piece of legislation, Mr. Taylor. Mr. Speaker, I
thank Mr. Taylor for all that he has done to bring this to fruition.
And, of course, we could not do this without saying a word about the
chairperson of the full committee, Mr. Thompson. I want to thank Mr.
Thompson for not only bringing this legislation to my attention but,
also, allowing it to get to the floor, such that we might have this
opportunity for passage.
I would like to address immediately the concern that my friend raised
about this piece of legislation not being perfect, and I confess that
it isn't. I do think it is good legislation, but I want to allay any
consternation that Members may have.
Mr. Speaker, I have already spoken to staff, and I have agreed that
we should be flexible in trying to work to make sure that what we
present to the Senate and what we ultimately get from the Senate will
be something that we can all agree to. Just as we have been able to
bring this to the floor with bipartisan support, I would like to see
bicameral support and continue this bipartisan relationship. I think it
is an imperative for us if we are going to do this in an effective way.
One thing to talk about very briefly, of course, is the subpoena
power. I think this is a thing that some people are afraid might
somehow be abused. I am concerned. I believe that this type of
authority should be handled with the greatest degree of sensitivity.
Mr. Speaker, we pledge to you to do all that we can to make sure
that, as we move forward, that level of sensitivity is something that
we embrace in a holistic way so that all parties concerned will
ultimately conclude that we have come up with the perfect formula to
get this to the President for his signature.
I would like to say this, finally: This piece of legislation is
something that I think is sorely needed. What it does is it will confer
upon the CRCL officer the same authorities granted to DHS privacy
officers. That same level of authority is something that I believe
would be of great benefit to the Department and to the people that the
Department will embrace by way of their services.
Mr. Speaker, I thank all of my friends and colleagues, and I am going
to be as pithy as I can be and simply say ``amen'' to what has been
said.
Mr. HIGGINS of Louisiana. Mr. Speaker, I yield 3 minutes to the
gentleman from Texas (Mr. Taylor), my friend.
Mr. TAYLOR. Mr. Speaker, I thank my colleague from Texas' Ninth
District for his work on this piece of legislation.
I rise in support of H.R. 4713, the Department of Homeland Security
Office of Civil Rights and Civil Liberties Authorization Act.
Every day millions of Americans interact with officials and
representatives of the Department of Homeland Security, most frequently
at airports across this country. In fact, the Transportation Security
Administration screens approximately 2.2 million passengers every
single day. Last year, TSA screened over 813 million individuals.
With more than 240,000 dedicated DHS employees working hard every
single day--and I mean every single
[[Page H9376]]
day; they do not take a day off, the Department of Homeland Security--
they are keeping our Nation safe. While there is no doubt that this is
a massive undertaking, we must also work to ensure the civil rights and
liberties of every single American are upheld by the Department of
Homeland Security.
H.R. 4713, the bill before us today, safeguards the civil rights of
Americans by increasing accountability and transparency. Just as the
dedicated men and women who work to protect our homeland, ensuring the
constitutional rights of all Americans are protected is critically
important for us to maintain a free society.
Increasing transparency and accountability is not a partisan issue,
and I urge my colleagues to vote in favor of H.R. 4713.
Ms. SLOTKIN. Mr. Speaker, I have no more speakers, and I am prepared
to close.
Mr. HIGGINS of Louisiana. Mr. Speaker, I am prepared to close. I urge
adoption of the bill, and I yield back the balance of my time.
Ms. SLOTKIN. Mr. Speaker, I would be remiss if I did not also take
just a half a second to urge the Department of Homeland Security, in
crafting their budget request for next cycle, to provide adequate
resources for the CRCL to ensure that the office can do its work.
Mr. Speaker, I urge the rest of my colleagues to join by passing H.R.
4713, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Michigan (Ms. Slotkin) that the House suspend the
rules and pass the bill, H.R. 4713, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________