[Senate Report 108-350]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
2d Session 108-350
_______________________________________________________________________
Calendar No. 704
HOMELAND SECURITY CIVIL RIGHTS AND CIVIL LIBERTIES PROTECTION ACT OF
2004
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
to accompany
S. 2536
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
September 20, 2004.--Ordered to be printed
COMMITTEE ON GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah THOMAS R. CARPER, Delaware
PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota
JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas
Michael D. Bopp, Staff Director and Chief Counsel
Johanna L. Hardy, Senior Counsel
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Laurie Rubenstein, Minority Chief Counsel
Amy B. Newhouse, Chief Clerk
Calendar No. 704
108th Congress Report
SENATE
2d Session 108-350
======================================================================
HOMELAND SECURITY CIVIL RIGHTS AND CIVIL LIBERTIES PROTECTION ACT OF
2004
_______
September 20, 2004.--Ordered to be printed
_______
Ms. Collins, from the Committee on Governmental Affairs, submitted the
following
REPORT
[To accompany S. 2536]
The Committee on Governmental Affairs, to whom was referred
the bill (S. 2536) 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,
having considered the same reports favorably thereon with an
amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. Legislative History..............................................5
IV. Section-by-Section Analysis......................................5
V. Estimated Cost of Legislation....................................7
VI. Evaluation of Regulatory Impact..................................7
VII. Changes in Existing Law..........................................8
I. Purpose and Summary
The purpose of S. 2536, the Homeland Security Civil Rights
and Civil Liberties Protection Act of 2004, is 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.
II. Background and Need for Legislation
BACKGROUND OF THE OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES
In the wake of the terrorist attacks on September 11, 2001,
the country was awakened to the fact that it faced a new type
of threat, and ``many policy makers recognized that the
government had not changed to meet these new threats.'' \1\
Congress realized that ``[t]he responsibility for protecting
the nation's citizens and critical assets on U.S. soil was
spread among dozens of departments and agencies, with no shared
strategic vision or effective means of coordination.'' \2\ In
responding to this new threat, Congress acted deliberately and
quickly in passing Public Law 107-296, the Homeland Security
Act of 2002, which created the Department of Homeland Security.
On November 25, 2002, President Bush signed the Homeland
Security Act of 2002 into law.
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\1\ Senate Report 107-175, p. 1.
\2\ Ibid.
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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 the 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. While the Homeland Security Act
created these offices to help ensure basic liberties are
protected as the government improves protection of the
homeland, the Act only generally described the role and
responsibility of the Officer for Civil Rights and Civil
Liberties. In addition, the Act did not provide for statutory
guidance on how these offices should work together to address
issues related to civil rights and civil liberties. In
particular, existing law establishes the Officer for Civil
Rights and Civil Liberties and requires the Officer to: (1)
review and assess information alleging abuses of civil rights,
civil liberties, and racial and ethnic profiling by employees
and officials of the Department; and (2) make public through
the Internet, radio, television, or newspaper advertisements
information on the responsibilities and functions of, and how
to contact, the Officer.
On April 16, 2003, President Bush appointed Daniel W.
Sutherland as the Officer for Civil Rights and Civil Liberties.
Since that time, the Office for Civil Rights and Civil
Liberties developed a broad strategic plan for the Office that
includes responsibilities not specified in statute, and the
Officer has focused on coordinating with other key offices with
the Department including the Privacy Officer and the Office of
Inspector General.
NEED FOR LEGISLATION
The protection of civil rights and civil liberties is
crucially important in a Department whose programs and
activities affect individuals on a day-to-day basis. 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.\3\ Department personnel have contact with thousands
of people every day. In addition, many of the Department's
programs and activities such as US VISIT, the Computer Assisted
Passenger Pre-screening System (CAPPS II), other transportation
screening processes, and immigration policies and programs have
the potential, if not scrutinized, to affect individual
liberties. In this post-9/11 world, the Department must be
especially sensitive to maintaining civil liberties as it works
to strengthen security and detect and deter terrorist attacks.
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\3\ Federal Law Enforcement Officers, 2002, Bureau of Justice
Statistics Bulletin, August 2003, p. 5.
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The Department's Vision Statement recognizes this
imperitive by stating that by ``[p]reserving our freedoms,
protecting America . . . we secure our homeland.'' \4\ In
addition, the Department states that one of its Guiding
Principles is to protect civil rights and civil liberties.\5\
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\4\ Department of Homeland Security Strategic Plan Summary, 2004.
\5\ Ibid.
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As previously mentioned, the Officer for Civil Rights and
Civil Liberties has developed a broad strategic plan for the
Office and has focused on coordinating with other key offices
in the Department including the Privacy Officer and the Office
of Inspector General (OIG). On September 2, 2003, the Officer
and OIG entered into a Memorandum of Understanding (MOU)
further clarifying the respective roles of those offices with
respect to civil rights and civil liberties issues.
The Department has taken additional steps to make the
protection of civil rights and civil liberties a priority
within the Department. The Officer currently reports directly
to the Secretary. The Officer, in addition to his statutory
duties, provides proactive legal and policy advice to senior
Department officials related to civil rights and civil
liberties issues. The Officer also acts as the Department's
equal employment opportunity officer. The stated mission of the
Office for Civil Rights and Civil Liberties is ``to protect
civil rights and civil liberties and to support homeland
security by providing the Department with constructive legal
and policy advice on the full range of civil rights and civil
liberties issues the Department will face, and by serving as an
information and communication channel with the public regarding
all aspects of these issues.'' \6\ This stated mission is much
broader than the statutory authority provided to the Officer in
the Homeland Security Act, and the proactive approach taken by
the Office better ensures that programs and activities of the
Department are designed and implemented to better ensure the
protection of liberties.
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\6\ Strategic plan for the Office for Civil Rights and Civil
Liberties, Department of Homeland Security, September 2003, p. 1.
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The Officer has been active in a number of areas. According
to his June 2004 report to Congress, the Officer is providing
advice on preventing racial profiling, providing input
regarding identity documents, the US VISIT system, and CAPPS
II, giving guidance to the Department regarding the detention
of immigrations, strengthening the training of law enforcement
on relevant issues through the Federal Law Enforcement Training
Center, and ensuring Department's programs and activities are
sensitive to the needs of people with disabilities.\7\
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\7\ See Report to Congress on Implementation of Section 705 of the
Homeland Security Act and the Establishment of the Office for Civil
Rights and Civil Liberties, Department of Homeland Security, June 2004.
---------------------------------------------------------------------------
While the Department has made significant strides in
creating a framework within the Department that can effectively
help minimize the impact of its programs and activities on the
freedoms of individuals, much of the current authority of the
Officer for Civil Rights and Civil Liberties is not codified in
statute. The lack of statutory authority may impact the
effectiveness of the Officer in the future.
THE HOMELAND SECURITY CIVIL RIGHTS AND CIVIL LIBERTIES PROTECTION ACT
OF 2004
S. 2536 would codify the responsibilities the Officer
currently carries out. S. 2536 would require the Officer to:
(1) assist the Department with the development, implementation,
and review of policies and procedures in order to ensure civil
rights and liberties issues are considered; (2) oversee
compliance with constitutional, statutory, and other
requirements related to civil rights and liberties of people
affected by Department programs; and (3) investigate complaints
and information indicating possible abuses of civil rights or
civil liberties, unless the Inspector General decides to
investigate. These responsibilities, while not currently
codified into law, are being carried out currently by the
Officer. For example, the MOU between the Inspector General and
the Officer ensures that, while the Officer may investigate
certain cases, the IG has first right of refusal to
investigate. S. 2536 is intended to maintain the IG's first
right of refusal.
The bill also clarifies the Officer's existing
responsibility to review and assess information related to
abuses of civil rights, civil liberties and profiling. Current
law provides that the Officer review and assess information
``alleging'' such abuses. The use of the term ``alleging'' has
raised questions as to whether there must be a specific
allegation to trigger this authority. In addition, S. 2536
would amend the existing authority to include religion as a
category of profiling that would be reviewable by the Officer.
S. 2536 would also correct conflicting statutory language
regarding the appointment of the Officer. Currently, Section
705 of the Homeland Security Act (6 U.S.C. 345(a)) states that
the Secretary shall appoint the Officer; however, Section
103(d) of the Homeland Security Act (6 U.S.C. 113(d)) states
that the Officer is appointed by the President. In practice,
the current Officer was appointed by the President. The bill
would strike the conflicting Section 705 language to ensure
future Officers are presidentially appointed. This will further
strengthen the authority of the Officer.
The bill will also help to clarify that the Officer for
Civil Rights and Civil Liberties and the Privacy Officer should
coordinate on issues of mixed jurisdiction and that the
authorities provided to the Officer for Civil Rights and Civil
Liberties should not impact the authority of the Privacy
Officer. The bill also clarifies that the Officer for Civil
Rights and Civil Liberties as well as the Privacy Officer
report directly to the Secretary. The intent of the provisions
related to the Privacy Officer is to clarify the role of the
Officer for Civil Rights and Civil Liberties with respect that
the Privacy Officer and to encourage, where appropriate,
coordination between those two officers. The provisions of S.
2536 are not intended to diminish the existing authority of the
Privacy Officer. The Committee understands that, as the full
Senate considers S. 2536, the Department may propose additional
changes to S. 2536 to further clarify the language.
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 Inspector General to designate
a senior official within the OIG to coordinate investigation of
abuses, ensure public awareness of complaint procedures, and
coordinate the OIG's work with that of the Officer for Civil
Rights and Civil Liberties. This position is similar to one
Congress created within the Office of the Inspector General of
the Department of Justice when it passed the Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act
of2001.\8\
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\8\ Public Law 107-56 (2001), Section 1001.
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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
ensures that the protection of civil rights and civil liberties
continues to be a priority of the Department, as reflected in
the Department's own Strategic Plan.
The Committee also recognizes that the Secretary has vested
other authorities, such as equal employment opportunity, in the
Office for Civil Rights and Civil Liberties. The absence of
this responsibility in S. 2536 should not be construed as
discouraging the Officer's continued role in this area;
however, as with many in other departments and agencies, the
designation of the EEO officer is customarily left to the
discretion of the agency or department head.
III. Legislative History
S. 2536 was introduced on June 17, 2004 by Senators Collins
and Wyden and was referred to the Committee on Governmental
Affairs. On July 21, 2004, the Committee considered S. 2536.
Senator Collins offered an amendment, which the Committee
agreed to by voice vote. The amendment clarifies that the
Officer for Civil Rights and Civil Liberties is appointed by
the President; clarifies the role of the Officer with respect
to reviewing and assessing information regarding abuses of
civil rights, civil liberties and profiling; and adds religion
to the categories of profiling that the Officer should review
and assess. The Committee ordered the bill reported, as
amended, by voice vote.
IV. Section-by-Section Analysis
Section 1 titles the bill as the Homeland Security Civil
Rights and Civil Liberties Protection Act of 2004.
Section 2 amends the mission of the Department of Homeland
Security to include ensuring that the civil rights and civil
liberties of persons are not diminished by the efforts,
activities, and programs aimed at securing the homeland.
Section 3 amends the role and responsibilities of the
Officer for Civil Rights and Civil Liberties by clarifying that
the Officer reports directly to the Secretary; clarifying that
the Officer may review and assess information concerning abuses
of civil rights, civil liberties, and profiling on the basis of
race, ethnicity, and religion; adding that the Officer assists
the Secretary, directorate, and offices of the Department in
developing and reviewing policies and procedures to ensure
protection of civil rights and civil liberties; adding that the
Officer oversees compliance with constitutional, statutory,
regulatory, policy, and other requirements related to civil
rights and civil liberties affected by Department activities
and programs; adding that the Officer coordinates with the
Privacy Officer regarding issues that have both privacy as well
as civil rights and civil liberties implications, and
investigating complaints and information indicating possible
abuses of civil rights or civil liberties, unless that
Inspector General determines that such complaint should be
investigated by the Inspector General.
Section 4 requires the Inspector General of the Department
to designate a senior official within the Office of Inspector
General who shall be responsible for coordinating the OIG with
respect to investigations of abuses of civil rights and civil
liberties; receiving and reviewing complaints and information
alleging abuses of civil rights and civil liberties by
employees or officials of the Department, independent
contractors, or grantees of the Department; initiating
investigations of alleged abuses of civil rights and civil
liberties; ensuring that personnel with the OIG receive
sufficient training to conduct such investigations; consulting
with the Officer for Civil Rights and Civil Liberties;
providing the Officer for Civil Rights and Civil Liberties with
information regarding the outcome of investigations; referring
civil rights and civil liberties matters that the IG has
decided not to investigate to the Officer for Civil Rights and
Civil Liberties; ensuring the OIG publicizes the procedures for
filing complaints and the status of investigations; and
informing the Officer for Civil Rights and Civil Liberties of
weaknesses, problems, and deficiencies within the Department
relating to civil rights or civil liberties.
Section 5 amends section 222 of the Homeland Security Act
of 2002 related to the Privacy Officer by clarifying that the
Privacy Officer reports directly to the Secretary and requiring
the Privacy Officer to coordinate with the Officer for Civil
Rights and Civil Liberties on matters that involve privacy
issues as well as civil rights and civil liberties.
V. Estimated Cost of Legislation
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 4, 2004.
Hon. Susan M. Collins,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2536, the Homeland
Security Civil Rights and Civil Liberties Protection Act of
2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 2536--Homeland Security Civil Rights and Civil Liberties Protection
Act of 2004
S. 2536 would amend the Homeland Security Act to codify and
strengthen the authority of the Officer for Civil Rights and
Civil Liberties at the Department of Homeland Security (DHS).
The officer would be responsible for developing plans to ensure
that civil liberties are protected and incorporated in the
department's policies. The legislation also would clarify the
roles of the department's Officer of Civil Rights and Civil
Liberties and the Privacy Officer on issues of mixed
jurisdiction. In addition, S. 2536 would establish a senior
staff position within DHS's Office of Inspector General
responsible for coordinating civil rights and civil liberty
investigations.
CBO estimates that implementing S. 2536 would cost less
than $500,000 a year, subject to the availability of
appropriated funds. The legislation would codify and expand the
current practices of the Office for Civil Rights and Civil
Liberties at DHS, but it would not add significantly to the
office's costs. Based on information from the Office of
Inspector General, CBO expects that the new senior staff
position would not significantly increase that office's
operating costs. Enacting the legislation would not affect
direct spending or revenues.
S. 2536 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of states, local, or tribal
governments.
The CBO staff contact is Matthew Pickford. This estimate
was approved by Robert A. Sunshine, Assistant Director for
Budget Analysis.
VI. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. CBO states that
there are no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and no costs on
state, local, or tribal governments. The legislation contains
no other regulatory impact.
VII. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic and existing law, in which no
change is proposed, is shown in roman):
UNITED STATES CODE
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
TITLE 5--APPENDIX
Inspector General Act of 1978
Sec. 8I. Special provisions concerning the Department of Homeland
Security
(a)(1) Notwithstanding the last two sentences of section
3(a), the Inspector General of the Department of Homeland
Security shall be under the authority, direction, and control
of the Secretary of Homeland Security with respect to audits or
investigations, or the issuance of subpoenas, that require
access to sensitive information concerning--
* * * * * * *
(e) Notwithstanding any other provision of law, in carrying
out the duties and responsibilities specified in this Act, the
Inspector General of the Department of Homeland Security shall
have oversight responsibility for the internal investigations
performed by the Office of Internal Affairs of the United
States Customs Service, the Office of Inspections of the United
States Secret Service, the Bureau of Border Security, and the
Bureau of Citizenship and Immigration Services. The head of
each such office or bureau shall promptly report to the
Inspector General the significant activities being carried out
by such office or bureau.
(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office of
the 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;
(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 Office 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.
* * * * * * *
UNITED STATES CODE
TITLE 6--DOMESTIC SECURITY
CHAPTER 1--HOMELAND SECURITY ORGANIZATION
DEPARTMENT OF HOMELAND SECURITY
Sec. 111. Executive department; mission
(a) Establishment.--There is established a Department of
Homeland Security, as an executive department of the United
States within the meaning of title 5, United States Code.
(b) Mission.--
(1) In general.--The primary mission of the
Department is to--
(A) prevent terrorist attacks within the
United States;
(B) reduce the vulnerability of the United
States to terrorism;
(C) minimize the damage, and assist in the
recovery, from terrorist attacks that do occur
within the United States;
(D) carry out all functions of entities
transferred to the Department, including by
acting as a focal point regarding natural and
manmade crises and emergency planning;
(E) ensure that the functions of the agencies
and subdivisions within the Department that are
not related directly to securing the homeland
are not diminished or neglected except by a
specific explicit Act of Congress;
(F) ensure that the overall economic security
of the United States is not diminished by
efforts, activities, and programs aimed at
securing the homeland; [and]
(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
[(G)] (H) monitor connections between illegal
drug trafficking and terrorism, coordinate
efforts to sever such connections, and
otherwise contribute to efforts to interdict
illegal drug trafficking.
* * * * * * *
UNITED STATES CODE
TITLE 6--DOMESTIC SECURITY
CHAPTER 1--HOMELAND SECURITY ORGANIZATION
INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION INFORMATION SECURITY
Sec. 142. Privacy officer
The Secretary shall appoint a senior official in the
Department, who shall report directly to the Secretary, to
assume primary responsibility for privacy policy, including--
(1) assuring that the use of technologies sustain,
and do not erode, privacy protections relating to the
use, collection, and disclosure of personal
information;
(2) assuring that personal information contained in
Privacy Act systems of records is handled in full
compliance with fair information practices as set out
in the Privacy Act of 1974 [5 USCS Sec. 552a];
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Federal Government;
(4) conducting a privacy impact assessment of
proposed rules of the Department or that of the
Department on the privacy of personal information,
including the type of personal information collected
and the number of people affected; [and]
(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
[(5)] (6) preparing a report to Congress on an annual
basis on activities of the Department that affect
privacy, including complaints of privacy violations,
implementation of the Privacy Act of 1974 [5 USCS
Sec. 552a], internal controls, and other matters.
* * * * * * *
UNITED STATES CODE
TITLE 6--DOMESTIC SECURITY
CHAPTER 1--HOMELAND SECURITY ORGANIZATION
MANAGEMENT
Sec. 345. Establishment of Officer for Civil Rights and Civil Liberties
[(a) In General.--The Secretary shall appoint in the
Department an Officer for Civil Rights and Civil Liberties, who
shall--] (a) In General._The Officer for Civil Rights and Civil
Liberties, who shall report directly to the Secretary, shall--
[(1) review and assess information alleging abuses of
civil rights, civil liberties, and racial and ethnic
profiling by employees and officials of the Department;
and] (1) review and assess information concerning
abuses of civil rights, civil liberties, and profiling
on the basis of race, ethnicity, or religion, by
employees and officials of the Department;
(2) make public through the Internet, radio,
television, or newspaper advertisements information on
the responsibilities and functions of, and how to
contact, the Officer[.];
(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.