[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.
---------------------------------------------------------------------------
    \1\ Senate Report 107-175, p. 1.
    \2\ Ibid.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \3\ Federal Law Enforcement Officers, 2002, Bureau of Justice 
Statistics Bulletin, August 2003, p. 5.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\ Department of Homeland Security Strategic Plan Summary, 2004.
    \5\ Ibid.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \6\ Strategic plan for the Office for Civil Rights and Civil 
Liberties, Department of Homeland Security, September 2003, p. 1.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \8\ Public Law 107-56 (2001), Section 1001.
---------------------------------------------------------------------------
    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.

                                  
