[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4349 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4349
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 2, 2021
Mr. Green of Texas introduced the following bill; which was referred to
the Committee on Homeland Security
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Office for Civil Rights and Civil Liberties Authorization Act''.
SEC. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
(a) In General.--Section 705 of the Homeland Security Act of 2002
(6 U.S.C. 345) is amended--
(1) in the section heading, by striking ``establishment
of''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--There is established within the Department an
Office for Civil Rights and Civil Liberties. The head of such Office is
the Officer for Civil Rights and Civil Liberties (referred to in this
section as the `Officer'), who shall report directly 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.
``(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
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 extent 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).''.
(b) Clerical Amendment.--The item relating to section 705 in
section 1(b) of the Homeland Security Act of 2002 is amended to read as
follows:
``Sec. 705. Officer for Civil Rights and Civil Liberties.''.
(c) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the
National Security Intelligence Reform 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 Reform of the House of Representatives''.
SEC. 3. COMPTROLLER GENERAL REVIEW.
Not later than 2 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)(11) of section 705 of
the Homeland Security Act of 2002 (6 U.S.C. 345), as amended by section
2.
<all>
Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act
#4349 | HR Congress #117
Policy Area: Government Operations and Politics
Subjects: Administrative law and regulatory proceduresCongressional oversightDepartment of Homeland SecurityEmployment discrimination and employee rightsExecutive agency funding and structureFederal officialsForeign language and bilingual programsGovernment ethics and transparency, public corruptionGovernment information and archivesGovernment studies and investigationsRight of privacy
Last Action: Ordered to be Reported (Amended) by Voice Vote. (10/26/2021)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text