HR 9579
Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act
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119th CONGRESS — 2d Session
H. R. 9579
IN THE HOUSE OF REPRESENTATIVES
A BILL
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.
This Act may be cited as the Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act
.
Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended—
in the section heading, by striking Establishment of
; and
by striking subsections (a) and (b) and inserting the following new subsections:
There is established within the Department an Office for Civil Rights and Civil Liberties (referred to in this section as the Office
). The head of the Office is the Officer for Civil Rights and Civil Liberties (referred to in this section as the Officer
), who shall report directly to the Secretary.
The Secretary and the head of each component shall—
ensure that the Officer for Civil Rights and Civil Liberties of the Department and the Officer for Civil Rights and Civil Liberties of such component—
have the information, materials, and resources, including appropriate staffing, necessary to carry out the functions of the Office;
are consulted in advance of new or proposed changes to policies, programs, initiatives, or activities impacting civil rights or civil liberties; and
are given full and complete access to all materials and personnel necessary to carry out the functions of the Office; and
consider advice and recommendations from the Officer for Civil Rights and Civil Liberties of the Department in the development and implementation of policies, programs, initiatives, and activities impacting civil rights or civil liberties.
The Officer shall carry out the following responsibilities:
Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights or civil liberties of individuals affected by the policies, programs, initiatives, or activities of the Department.
Review and assess information concerning abuses of civil rights or civil liberties, and profiling on the basis of race, ethnicity, national origin, religion, sex, sexual orientation, gender identity, disability, or other characteristics, by employees or officials of the Department.
Integrate civil rights and civil liberties protections into all policies, programs, initiatives, and activities of the Department.
Conduct civil rights and civil liberties assessments, as appropriate, prior to the implementation of new Department regulations, policies, programs, initiatives, or activities.
Conduct periodic reviews and assessments of policies, programs, initiatives, and activities of the Department relating to civil rights and civil liberties, including reviews and assessments.
Provide to the Secretary, the heads of components, and other personnel within the Department policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties.
Investigate complaints and information indicating possible abuses of civil rights or civil liberties by employees or officials of the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General.
Initiate reviews and assessments of the administration of the policies, programs, initiatives, and activities of the Department relating to civil rights and civil liberties.
Coordinate with the Privacy Officer appointed under section 222 to ensure the following:
Policies, programs, initiatives, or activities involving civil rights, civil liberties, or privacy considerations are addressed in an integrated and comprehensive manner.
Congress receives appropriate reports regarding such policies, programs, initiatives, and activities.
Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of merit system principles.
Make publicly available through accessible communications channels, including the website of the Department, the following:
Information on the responsibilities and functions of, and how to contact, the Office.
Summaries of investigations carried out pursuant to paragraph (7) that result in recommendations.
Summaries of assessments and reviews carried out pursuant to paragraphs (4), (5), or (8), as the case may be.
Engage with individuals, stakeholders, and communities the civil rights and civil liberties of which may be affected by the policies, programs, initiatives, or activities of the Department, including by carrying out the following:
Informing such individuals, stakeholders, and communities concerning such policies, programs, initiatives, or activities, as the case may be.
Providing information regarding how to report and access redress processes.
Providing Department leadership and other personnel within the Department feedback from such individuals, stakeholders, and communities regarding the civil rights and civil liberties impacts of such policies, programs, initiatives, or activities, and working with State, local, Tribal, and territorial homeland security partners to enhance the Department’s policymaking and program implementation.
Lead the Department’s language access work to ensure the Department engages effectively with individuals, stakeholders, and communities.
Participate in the hiring or designation of a civil rights and civil liberties officer within each component and participate in the performance review process for each such officer.
For the purposes of paragraph (7) of subsection (b), the Officer shall—
have timely access to all materials and personnel necessary to carry out the functions of the Office;
issue such reports as are necessary or appropriate in accordance with subsection (g);
conduct an investigation in such manner as the Secretary directs; and
administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to perform the responsibilities of the Officer.
Any oath, affirmation, or affidavit administered or taken pursuant to subparagraph (D) of paragraph (1) by or before an employee of the Office designated for such purpose by the Officer shall have the same force and effect as if administered or taken by or before an officer having a seal of office.
In the case of a complaint made concerning allegations of an abuse of civil rights or civil liberties under paragraph (7) of subsection (b), the Officer shall carry out the following:
Provide to the individual who made such complaint notice of the receipt of such complaint within 30 days of receiving such complaint.
Inform the individual of the determination of the Office regarding the following:
The initiation of a review, investigation, or assessment, as the case may be, by the Office.
A referral to the Inspector General of the Department.
Any other action taken.
Before initiating an investigation initiated by the Officer pursuant to paragraph (7) of subsection (b), the Officer shall refer the matter at issue to the Inspector General of the Department.
Not later than seven days after the receipt of a matter at issue under subparagraph (A), the Inspector General shall carry out the following:
Determine whether the Inspector General intends to initiate an investigation of such matter.
Notify the Officer of such determination.
The Secretary may authorize the Officer to conduct an investigation pursuant to paragraph (7) of subsection (b) if the Secretary determines that a complaint warrants both the Officer and the Inspector General conducting investigations concurrently or in some other manner.
If the Officer does not receive notification of a determination pursuant to subparagraph (B)(ii), the Officer shall notify the Inspector General of whether the Officer intends to initiate an investigation into the matter at issue.
In the case of an investigation initiated by the Officer pursuant to paragraph (7) of subsection (b), if such an investigation results in the issuance of recommendations, the Officer shall produce a report that—
includes the final findings and recommendations of the Officer;
is made publicly available in summary form;
does not include any personally identifiable information; and
may include a classified annex.
The Officer shall transmit to the Secretary and the head of the relevant component a copy of each report under paragraph (1).
Not later than 45 days after the date on which the Officer transmits to the head of a component a copy of a report pursuant to paragraph (2), such head shall submit to the Secretary and the Officer a response to such report.
In the response submitted pursuant to subparagraph (A), each recommendation contained in the report transmitted pursuant to paragraph (2) with which the head of the component at issue concurs shall be deemed an accepted recommendation of the Department.
If the head of a component does not concur with a recommendation contained in the report transmitted pursuant to paragraph (2), or if such head does not respond to a recommendation within 60 days in accordance with subparagraph (A), the Officer may appeal to the Secretary.
If the Officer appeals to the Secretary pursuant to subparagraph (C), the Secretary shall, not later than 60 days after the date on which the Officer appeals—
accept the Officer’s recommendation, which recommendation shall be deemed the accepted recommendation of the Department; or
accept the nonconcurrence of the head of the component at issue if transmitted in accordance with subparagraph (A).
In the case of an investigation initiated by the Officer pursuant to paragraph (7) subsection (b), if such an investigation resulted in the issuance of recommendations, the Officer shall, on an annual basis, make publicly available through accessible communications channels, including the website of the Department, the following:
The accepted recommendations of the Department, if any.
A summary of investigations that result in final recommendations that are issued by the Officer.
Materials made publicly available pursuant to paragraph (1) may not include any personally identifiable information related to any individual involved in the investigation at issue.
Any component that has an Officer for Civil Rights and Civil Liberties of such component shall ensure that such Officer for Civil Rights and Civil Liberties of 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 or civil liberties within each such component.
The head of each operational component, in consultation with the Officer for Civil Rights and Civil Liberties of the Department, shall hire or 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 such operational component.
Each Officer for Civil Rights and Civil Liberties of each operational component—
shall have access in a timely manner to the information, materials, and information necessary to carry out the functions of such officer;
shall be consulted in advance of new or proposed changes to component policies, programs, initiatives, or activities impacting civil rights or civil liberties;
shall be given full and complete access to all component materials and component personnel necessary to carry out the functions of such officer;
may, to the extent the Officer for Civil Rights and Civil Liberties of the Department 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 each such component Officer under this section; and
may administer any oath, affirmation, or affidavit, and such oath, affirmation, shall have the same force and effect as if administered or taken by or before an officer having a seal of office.
Not later than June 30 of each year, the Officer shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and any other committee of the House of Representatives or the Senate, as the case may be, the Officer determines relevant, a report on the implementation of this section during the immediately preceding fiscal year. Each such annual report shall be prepared and submitted for supervisory review and appropriate comment or amendment by the Secretary prior to submission to such committees, and the Officer shall consider and incorporate any comments or amendments as a result of such review. Each such report shall include, for the year covered by such report, the following:
A list of Department regulations, policies, programs, initiatives, and activities for which civil rights or civil liberties assessments were conducted, or policy advice, recommendations, or other technical assistance was provided.
An assessment of the efforts of the Department to effectively communicate with individuals, stakeholders, or communities impacted by policies, programs, initiatives, or activities of the Department, including the individuals, stakeholders, and communities referred to in subsection (b)(12).
A summary of recommendations issued pursuant to subsection (f) regarding investigations under paragraph (7) of subsection (b), together with information on the status of the implementation of such recommendations by the component at issue.
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.
A description of any efforts, including public meetings, to engage with individuals, stakeholders, and communities the civil rights and civil liberties of which may be affected by policies, programs, initiatives, or activities of the Department.
Information regarding total staffing for the Office, including regarding the following:
The number of full-time, part-time, and contract support personnel.
Information on the number of employees whose primary responsibilities include supporting the Officer in carrying out paragraph (10) of subsection (b).
If required, a classified annex.
In this section, the term component
means any operational component, non-operational component, directorate, or office of the Department.
Section 1062(f)(1)(A)(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(f)(1)(A)(i)) is amended by striking the Committee on Oversight and Government Reform of the House of Representatives
and inserting the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives
.
Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of subsection (b)(12) of section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345), as amended by subsection (a).
The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by amending the item relating to section 705 to read as follows: