[Senate Report 116-280]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 574

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-280

======================================================================
 
                    DEPARTMENT OF HOMELAND SECURITY

     OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES AUTHORIZATION ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                October 19, 2020.--Ordered to be printed                
                
                               __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2020                     
          
-----------------------------------------------------------------------------------               
               
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
            Michelle D. Woods, Director of Homeland Security
            Christopher S. Boness, Professional Staff Member
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
         Alexa E. Noruk, Minority Director of Homeland Security
                Roy S. Awabdeh, Minority Senior Counsel
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                                                   Calendar No. 574

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-280

======================================================================                   
               
               DEPARTMENT OF HOMELAND SECURITY OFFICE FOR 
           CIVIL RIGHTS AND CIVIL LIBERTIES AUTHORIZATION ACT

                                _______
                                

                October 19, 2020.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 4713]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred 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, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and the Need for Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................4
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Act, as Reported.............7

                         I. Purpose and Summary

    H.R. 4713, the Department of Homeland Security Office for 
Civil Rights and Civil Liberties Authorization Act, codifies 
the Office for Civil Rights and Civil Liberties (CRCL) at the 
Department of Homeland Security (DHS or the Department), and 
defines the duties and responsibilities of the CRCL Officer. 
The Act also requires the U.S. Government Accountability (GAO) 
to conduct a review of the implementation of CRCL's 
requirements to engage with individuals and communities whose 
civil rights and civil liberties may be affected by programs 
and policies by DHS.

              II. Background and the Need for Legislation

    In response to the terrorist attacks on September 11, 2001, 
Congress enacted the Homeland Security Act of 2002 (HSA), which 
created the Department.\1\ Since its inception, the Department 
has developed and implemented a vast array of programs and 
policies that affect the civil rights and civil liberties of 
the public. The establishment of the Department's biometric 
entry and exit pilots and programs highlights the need to 
ensure that DHS has robust civil rights and civil liberties 
policies and procedures in place.
---------------------------------------------------------------------------
    \1\Homeland Security Act of 2002, Pub. L. No. 107-296, Sec. 705, 
116 Stat. 2135 (2002), available at https://www.dhs.gov/sites/default/
files/publications/hr_5005_enr.pdf.
---------------------------------------------------------------------------
    According to the Bureau of Transportation Statistics, in 
the years since the HSA was enacted, the number of yearly 
domestic and international passengers traveling on airlines 
increased by approximately 389 million passengers.\2\ The 
massive increase in passenger travel necessitates the 
Transportation Security Administration and the Customs and 
Border Protection to use technology to expedite passenger 
screening while also protecting our national security and the 
civil rights and civil liberties of the traveling public. In 
accordance with the Intelligence Reform and Terrorism 
Prevention Act of 2004,\3\ DHS began collecting biometric entry 
data in 2004\4\ and began conducting biometric exit pilots in 
2016\5\ in airports.
---------------------------------------------------------------------------
    \2\U.S. Dep't of Transportation, Bureau of Transportation 
Statistics, https://www.transtats.bts.gov/Data_Elements.aspx?Data=1.
    \3\Intelligence Reform and Terrorism Prevention Act of 2004, Pub. 
L. No. 108-458, 118 Stat. 3638, available at https://www.govinfo.gov/
content/pkg/PLAW-108publ458/html/PLAW-108publ458.htm.
    \4\U.S. Gov't Accountability Office, GAO-17-170, DHS Has Made 
Progress in Planning for a Biometric Air Exit System and Reporting 
Overstays, but Challenges Remain (Feb. 2017), available at https://
www.gao.gov/assets/690/683690.pdf.
    \5\U.S. Dep't of Homeland Sec., U.S. Customs & Border Protection, 
Biometric Air Exit (Jan. 4, 2018), available at https://www.cbp.gov/
travel/biometrics/air-exit.
---------------------------------------------------------------------------
    It is important that civil rights and civil liberty 
protections are fully integrated within DHS programs, such as 
its biometric entry and exit programs. In testimony before the 
House Committee on Homeland Security, Chuck Romine, Director of 
the Information Technology Laboratory at the National Institute 
of Standards and Technology, when discussing biometric and 
facial recognition technology currently in use across DHS 
components, stated, ``[f]alse positives may also present 
privacy and civil rights and civil liberties concerns such as 
when matches result in additional questioning, surveillance, 
errors in benefit adjudication, or loss of liberty.''\6\
---------------------------------------------------------------------------
    \6\Facial Recognition Technology, NIST (Feb. 6, 2020), https://
www.nist.gov/speech-testimony/facial-recognition-technology-frt-0.
---------------------------------------------------------------------------
    The HSA established the Office for CRCL and required the 
Secretary of Homeland Security to appoint an officer to lead 
it.\7\ However, the HSA did not fully delineate the 
responsibilities and duties of CRCL or the officer. 
Specifically, the current law requires the officer to ``review 
and assess information alleging abuses of civil rights, civil 
liberties, and racial and ethnic profiling by employees and 
officials of the Department.''\8\ The only other responsibility 
specified in the current law, other than a reporting 
requirement to Congress, requires the officer to publicly 
advertise information on the functions of CRCL and how to get 
in contact with him or her.\9\
---------------------------------------------------------------------------
    \7\Id.
    \8\Id.
    \9\Id.
---------------------------------------------------------------------------
    H.R. 4713 aims to better ensure the CRCL Office integrates 
civil rights and civil liberty protections into DHS programs 
and activities, such as its biometric entry and exit programs, 
when necessary. The Act expands the head officer's codified 
responsibilities to assist in achieving that goal, by providing 
policy advice and recommendations, conducting periodic reviews 
and assessments of programs and activities as the officer deems 
necessary, and investigating potential violations. The Act also 
requires DHS to designate a civil rights and civil liberties 
officer within each operational component to assist in 
coordination of policy and protections across the Department.
    Additionally, the Act provides the head of the CRCL Office 
with specific authorities to access information. The 
legislation states the Officer must have timely access to 
records, documentations, and other information from the 
Department and its components. It also allows the head to 
administer an oath, affirmation, or affidavit, when necessary.
    It is worth noting that in the House-passed version of H.R. 
4713, the Officer was provided with the authority to subpoena 
documents from outside DHS. This provision raised considerable 
concerns. Therefore, Chairman Ron Johnson offered an amendment 
to strike the provision from the legislation, which was 
approved during the business meeting.

                        III. Legislative History

    Representative Al Green (D-TX-9), along with Representative 
Bennie Thompson (D-MS-2), introduced H.R. 4713 on October 17, 
2019. Representative Van Taylor (R-TX-3) joined as a cosponsor 
on October 29, 2019. The House of Representatives passed H.R. 
4713 under suspension of the rules by voice vote on December 9, 
2019. The Act was referred to the Senate Committee on Homeland 
Security and Governmental Affairs.
    The Committee considered H.R. 4713 at a business meeting on 
March 11, 2020. During the business meeting, Ranking Member 
Gary Peters offered a substitute amendment as modified that was 
adopted by a voice vote en bloc. Senators Johnson, Portman, 
Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan, 
Harris, Sinema, and Rosen were present for the vote on the 
amendment.
    Chairman Ron Johnson offered an amendment to strike a 
provision that would have given the head of the CRCL office the 
authority to subpoena documents from outside DHS. The amendment 
was adopted by a voice vote en bloc. Senators Johnson, Portman, 
Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan, 
Harris, Sinema, and Rosen were present for the vote. Senators 
Hassan and Harris were recorded for the record as voting ``No'' 
on the amendment.
    Senator Kyrsten Sinema offered an amendment to include the 
Language Access Program in the responsibilities of the office 
lead. The amendment was adopted by a voice vote en bloc. 
Senators Johnson, Portman, Lankford, Romney, Scott, Enzi, 
Hawley, Peters, Carper, Hassan, Harris, Sinema, and Rosen were 
present for the vote on the amendment.
    The Act, as amended, was approved by a voice vote en bloc. 
Senators Johnson, Portman, Lankford, Romney, Scott, Enzi, 
Hawley, Peters, Carper, Hassan, Harris, Sinema, and Rosen were 
present for the vote. Senators Scott and Hawley were recorded 
for the record as voting ``No''.

        IV. Section-by-Section Analysis of the Act, as Reported


Section 1. Short title

    This section names the Act as the ``Department of Homeland 
Security Office for Civil Rights and Civil Liberties 
Authorization Act.''

Section 2. Officer for civil rights and civil liberties

    Subsection (a) codifies the establishment of the head of 
the CRCL office and requires the individual to directly report 
to the Secretary of Homeland Security.
    Subsection (b) lays out the responsibilities of the head of 
the CRCL office. These responsibilities include ensuring 
programs and policies comply with overarching civil rights and 
civil liberties laws and protections; conducting civil rights 
and civil liberties assessments, when appropriate, before DHS 
implements programs or policies as well as periodically after 
implementation; providing policy recommendations related to 
civil rights and civil liberties; investigating complaints by 
employees of DHS and from members of the public of possible 
civil rights and civil liberty abuses; coordinating with the 
DHS Privacy Office; and leading equal employment opportunity 
programs and the language access program, among other 
responsibilities.
    Subsection (c) provides transparency into the complaints 
filed by individuals against an office or component of the 
Department and investigations carried out by the head of the 
office. The head of the office must notify the complainant 
within 30 days of CRCL's receipt of the complaint and 
information regarding the determination about the initiation of 
a review, assessment, investigation, or referral to the 
Department's Office of Inspector General. Additionally, the 
head of the office must make information related to findings 
and recommendations and a summary of investigations with final 
recommendations publicly available on a semiannual basis. These 
summaries must be sent to the relevant heads of the operational 
component and congressional committees. The summary to 
congressional committees must be submitted without prior 
comment or changes by leadership within DHS or the Office of 
Management and Budget, unless the head of the office asks for 
such comment or change.
    Subsection (d) requires each operational component to 
designate a lead civil rights and civil liberties officer to 
coordinate with CRCL on related matters.
    Subsection (e) grants timely access of information, such as 
records and documents, regarding programs and policies within 
the head of the office's responsibilities. This subsection also 
authorizes the head of the office to administer an oath, 
affirmation, or affidavit, in performing related duties.
    Subsection (f) requires a report by March 31st of each year 
to appropriate congressional committees on the implementation 
of this Act. This subsection requires the report to include, 
among other things: a list or programs and activities the 
office conducted a civil rights and civil liberties impact 
assessment on; a list of programs that have not had an impact 
assessment within the last five years; a summary of 
investigations resulting in recommendations to components or 
the DHS Secretary; information related to the equal employment 
opportunity responsibilities; and information related to 
staffing of the CRCL office.
    Section (c) adds the House Committee on Homeland Security 
to the list of congressional committees that receives a report 
on privacy and civil liberties already submitted by agencies.

Sec. 3. Comptroller general review

    This section requires the GAO to, within two years of 
enactment of this Act, review and submit a report to 
appropriate congressional committees on the CRCL Office's 
implementation of the Act with respect to its engagement with 
individuals and communities whose civil rights and civil 
liberties may be affected by programs and policies by DHS.

                   V. 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 Act and determined 
that the Act will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the Act contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 13, 2020.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4713, the 
Department of Homeland Security Office for Civil Rights and 
Civil Liberties Authorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 4713 would authorize the existing Office for Civil 
Rights and Civil Liberties within the Department of Homeland 
Security (DHS). The act outlines specific responsibilities for 
the office, including oversight of DHS's compliance with and 
integration of current civil rights law into its activities. 
The act also would require assessments of the effects of DHS's 
regulations on civil rights and civil liberties.
    Although DHS already carries out many of the act's 
requirements, H.R. 4713 would broaden some responsibilities and 
require DHS to undertake new activities. Using information from 
the department, CBO expects that DHS would need 16 full-time 
equivalent employees to carry out the act. At an average cost 
of $139,000 per employee, CBO estimates that implementing the 
oversight responsibilities would cost $11 million over the 
2021-2025 period.
    H.R. 4713 would require DHS to report periodically to the 
Congress about its investigations of abuses of civil rights and 
civil liberties, among other topics. The Government 
Accountability Office also would be required to report on DHS's 
engagement of communities such as recent immigrants whose 
members' civil rights and civil liberties may be affected by 
its activities. CBO estimates that meeting all of those 
reporting requirements would cost $3 million over the 2021-2025 
period. That cost is based on the average cost of reports for 
those agencies.
    In total, implementing the act would cost $14 million over 
the 2021-2025 period, as detailed in Table 1. Any spending 
would be subject to the availability of appropriated funds. The 
costs of the legislation fall in budget function 750 
(administration of justice).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4713
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                               -----------------------------------------------------------------
                                                   2021       2022       2023       2024       2025    2021-2025
----------------------------------------------------------------------------------------------------------------
Estimated Authorization.......................          2          3          3          3          3         14
Estimated Outlays.............................          2          3          3          3          3         14
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

       VII. Changes in Existing Law Made by the Act, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *


TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *


SEC. 705. [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--
    [(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.
    [(b) Report.--The Secretary shall submit to the President 
of the Senate, the Speaker of the House of Representatives, and 
the appropriate committees and subcommittees of Congress on an 
annual basis a report on the implementation of this section, 
including the use of funds appropriated to carry out this 
section, and detailing any allegations of abuses described 
under subsection (a)(1) and any actions taken by the Department 
in response to such allegations.]
    (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 
(referred to in this section as the ``Officer''), who shall 
report to the Secretary.
    (b) Responsibilities.--The Officer shall carry out the 
following responsibilities:
          (1) Oversee compliance with constitutional, 
        statutory, regulatory, policy, and other requirements 
        relating to the civil rights 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, including, as appropriate, prior to the 
        implementation of new Department regulations, 
        initiatives, programs, or policies.
          (4) Conduct periodic reviews and assessments of 
        policies, procedures, and activities of the Department 
        relating to civil rights and civil liberties, including 
        reviews initiated by the Officer.
          (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 of the Department determines that any such 
        complaint should be investigated by the Inspector 
        General.
          (7) As the Officer determines necessary, initiate 
        reviews, investigations, and assessments of the 
        administration of the programs and activities of the 
        Department relating to civil rights and civil 
        liberties.
          (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) On a semi-annual basis, 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;
                  (B) summaries of the investigations carried 
                out pursuant to paragraph (6) that result in 
                final recommendations that are issued by the 
                Officer; and
                  (C) summaries of impact assessments carried 
                out pursuant to paragraph (3) or (7) that are 
                issued by the Officer.
          (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, and offices and 
        other personnel within the Department of concerns 
        raised by such individuals and communities.
          (12) Lead the Language Access Program for the 
        Department to ensure the Department can effectively 
        communicate with all the individuals impacted by 
        programs and activities of the Department, including 
        those with limited English proficiency.
    (c) 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 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) in which findings or 
        recommendations are issued, the Officer--
                  (A) shall, on a semi-annual basis, make 
                publicly available through accessible 
                communications channels, including the website 
                of the Department--
                          (i) the findings and recommendations 
                        of the Officer, if any; and
                          (ii) a summary of the investigations 
                        that result in final recommendations 
                        that are issued by the Officer; and 
                  (B) shall not include in such findings, 
                recommendations, or summary any personally 
                identifiable information related to any 
                individual involved in such investigation.
          (3) Submittal to heads of operational components.--
        The Officer shall transmit a copy of each summary 
        produced under paragraph (2) to the Secretary and to 
        the head of each relevant operational component of the 
        Department.
          (4) Reports to congress.--Upon the conclusion of any 
        investigation conducted by the Officer under paragraph 
        (6) or (7) of subsection (b) in which findings or 
        recommendations are issued, 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 or the 
        Office of Management and Budget, unless the Officer 
        seeks such comment. 
    (d) Component Civil Rights and Civil Liberties Officer.--
The head of each of the operational components of the 
Department, in consultation with the Officer, 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 component. 
    (e) Access to Information.--The Officer--
          (1) shall have access in a timely manner 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 extend the Officer determines 
        necessary, and subject to the approval of the 
        Secretary, administer to or take from any person an 
        oath, affirmation, or affidavit, whenever necessary in 
        the performance of the responsibilities of the Officer 
        under this section. 
    (f) Annual Report.--Not later than March 31 of each year, 
the Officer shall submit to 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) 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;
          (2) a list of Department programs and activities 
        relating to civil rights and civil liberties that have 
        not had impact assessments conducted during the 5-year 
        period ending on the date of enactment of the 
        Department of Homeland Security Office of Civil Rights 
        and Civil Liberties Authorization Act;
          (3) an assessment of the efforts of the Department 
        through the Language Access Program to effectively 
        communicate with all individuals impacted by programs 
        and activities of the Department, including those with 
        limited English proficiency;
          (4) a summary of investigations resulting in 
        recommendations issued under paragraph (6) or (7) of 
        subsection (b) by the Officer to the Secretary or the 
        head of a component, directorate, or office, together 
        with information on the status of the component, 
        directorate, or office's implementation of such 
        recommendations;
          (5) 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;
          (6) 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
          (7) information on total staffing for the Office for 
        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).

           *       *       *       *       *       *       *


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *


CHAPTER 21E--Privacy and Civil Liberties Protection and Oversight

           *       *       *       *       *       *       *



SEC. 2000EE-1. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    (a) * * *
    (f) Periodic Reports.--
          (1) * * *
                  (A)(i) to the appropriate committees of 
                Congress, including the Committee on the 
                Judiciary of the Senate, the Committee on the 
                Judiciary of the House of Representatives, the 
                Committee on Homeland Security and Governmental 
                Affairs of the Senate, the Committee on 
                Homeland Security of the House of 
                Representatives, the Committee on Oversight and 
                Government Reform of the House of 
                Representatives, the Select Committee on 
                Intelligence of the Senate, and the Permanent 
                Select Committee on Intelligence of the House 
                of Representatives;

           *       *       *       *       *       *       *


                                  [all]