[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8103 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8103
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
April 20, 2024
Mr. Green of Texas (for himself, Mr. Thompson of Mississippi, Mr.
Goldman of New York, Ms. Clarke of New York, Mr. Ivey, and Mr.
Thanedar) 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) Establishment.--
``(1) In general.--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.
``(2) Duties.--The Secretary and the head of each component
shall--
``(A) 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--
``(i) have the information, materials, and
resources necessary to carry out the functions
of the Office;
``(ii) are consulted in advance of new or
proposed changes to policies, programs,
initiatives, or activities impacting civil
rights or civil liberties; and
``(iii) are given full and complete access
to all materials and personnel necessary to
carry out the functions of the Office; and
``(B) 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.
``(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 or civil liberties of individuals affected by the
policies, programs, initiatives, or activities of the
Department.
``(2) 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.
``(3) Integrate civil rights and civil liberties
protections into all policies, programs, initiatives, and
activities of the Department.
``(4) Conduct civil rights and civil liberties assessments,
as appropriate, prior to the implementation of new Department
regulations, policies, programs, initiatives, or activities.
``(5) 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.
``(6) 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.
``(7) 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.
``(8) Initiate reviews and assessments of the
administration of the policies, programs, initiatives, and
activities of the Department relating to civil rights and civil
liberties.
``(9) Coordinate with the Privacy Officer appointed under
section 222 to ensure that--
``(A) policies, programs, initiatives, or
activities involving civil rights, civil liberties, or
privacy considerations are addressed in an integrated
and comprehensive manner; and
``(B) Congress receives appropriate reports
regarding such policies, programs, initiatives, and
activities.
``(10) Lead the equal employment opportunity programs of
the Department, including complaint management and
adjudication, workforce diversity, and promotion of merit
system principles.
``(11) Make publicly available through accessible
communications channels, including the website of the
Department, the following:
``(A) Information on the responsibilities and
functions of, and how to contact, the Office.
``(B) Summaries of investigations carried out
pursuant to paragraph (7) that result in
recommendations.
``(C) Summaries of assessments and reviews carried
out pursuant to paragraphs (4), (5), or (8), as the
case may be.
``(12) 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--
``(A) informing such individuals, stakeholders, and
communities concerning such policies, programs,
initiatives, or activities, as the case may be;
``(B) providing information regarding how to report
and access redress processes; and
``(C) 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.
``(13) Lead the Department's language access work to ensure
the Department engages effectively with individuals,
stakeholders, and communities.
``(14) 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.
``(c) Authority To Investigate.--
``(1) In general.--For the purposes of paragraph (7) of
subsection (b), the Officer shall--
``(A) have timely access to all materials and
personnel necessary to carry out the functions of the
Office;
``(B) issue such reports as are necessary or
appropriate in accordance with subsection (g);
``(C) conduct an investigation in such manner as
the Secretary directs; and
``(D) administer to or take from any person an
oath, affirmation, or affidavit, whenever necessary to
perform the responsibilities of the Officer.
``(2) Effect of oaths.--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.
``(d) Notification Requirement.--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--
``(1) provide to the individual who made such complaint
notice of the receipt of such complaint within 30 days of
receiving such complaint; and
``(2) inform the individual of the determination of the
Office regarding--
``(A) the initiation of a review, investigation, or
assessment, as the case may be, by the Office;
``(B) a referral to the Inspector General of the
Department; or
``(C) any other action taken.
``(e) Coordination With Inspector General.--
``(1) In general.--
``(A) Referral.--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.
``(B) Determinations and notifications by inspector
general.--Not later than seven days after the receipt
of a matter at issue under subparagraph (A), the
Inspector General shall--
``(i) determine whether the Inspector
General intends to initiate an investigation of
such matter; and
``(ii) notify the Officer of such
determination.
``(C) Investigations.--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.
``(D) Notification by the officer.--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.
``(f) Recommendations; Response.--
``(1) In general.--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--
``(A) includes the final findings and
recommendations of the Officer;
``(B) is made publicly available in summary form;
``(C) does not include any personally identifiable
information; and
``(D) may include a classified annex.
``(2) Transmission.--The Officer shall transmit to the
Secretary and the head of the relevant component a copy of each
report under paragraph (1).
``(3) Response.--
``(A) In general.--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.
``(B) Rule of construction.--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.
``(C) Nonconcurrence; appeal.--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.
``(D) Result.--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--
``(i) accept the Officer's recommendation,
which recommendation shall be deemed the
accepted recommendation of the Department; or
``(ii) accept the nonconcurrence of the
head of the component at issue if transmitted
in accordance with subparagraph (A).
``(g) Reporting.--
``(1) In general.--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:
``(A) The accepted recommendations of the
Department, if any.
``(B) A summary of investigations that result in
final recommendations that are issued by the Officer.
``(2) Prohibition.--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.
``(h) Component Civil Rights and Civil Liberties Officers.--
``(1) In general.--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.
``(2) Officers of operational components.--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.
``(3) Responsibilities.--Each Officer for Civil Rights and
Civil Liberties of each operational component--
``(A) shall have access in a timely manner to the
information, materials, and information necessary to
carry out the functions of such officer;
``(B) shall be consulted in advance of new or
proposed changes to component policies, programs,
initiatives, or activities impacting civil rights or
civil liberties;
``(C) shall be given full and complete access to
all component materials and component personnel
necessary to carry out the functions of such officer;
``(D) 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
``(E) 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.
``(i) Annual Report.--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:
``(1) 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.
``(2) 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)(13).
``(3) 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.
``(4) 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.
``(5) 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.
``(6) Information regarding total staffing for the Office,
including regarding the following:
``(A) The number of full-time, part-time, and
contract support personnel.
``(B) Information on the number of employees whose
primary responsibilities include supporting the Officer
in carrying out paragraph (10) of subsection (b).
``(7) If required, a classified annex.
``(j) Definition.--In this section, the term `component' means any
operational component, non-operational component, directorate, or
office of the Department.''.
(b) Reporting to Congress.--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 Accountability of the
House of Representatives''.
(c) Comptroller General Review.--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).
(d) Clerical Amendment.--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:
``Sec. 705. Officer for Civil Rights and Civil Liberties.''.
<all>
Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act
#8103 | HR Congress #118
Policy Area: Civil Rights and Liberties, Minority Issues
Subjects:
Last Action: Referred to the Subcommittee on Oversight, Investigations, and Accountability. (4/20/2024)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text