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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4713 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 4713

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2019

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
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 of 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, who shall report 
directly to the Secretary.
    ``(b) Responsibilities.--The Officer for Civil Rights and Civil 
Liberties 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, as appropriate, including prior to the 
        implementation of new Department regulations, initiatives, 
        programs, or policies.
            ``(4) Conduct periodic reviews of policies, procedures, and 
        activities of the Department relating to civil rights and civil 
        liberties.
            ``(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) Initiate reviews, investigations, and assessments of 
        the administration of the programs and activities by the 
        Department relating to civil rights and civil liberties, as the 
        Officer determines necessary.
            ``(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) 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) summary of reports of investigations that 
                result in final recommendations that are issued by the 
                Officer upon completion of investigations carried out 
                pursuant to paragraph (6); and
                    ``(C) summaries of impact assessments issued by the 
                Officer and carried out pursuant to paragraph (3) or 
                (7).
            ``(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, offices, and other personnel within the 
        Department of concerns raised by such individuals and 
        communities.
    ``(c) Coordination With Inspector General.--
            ``(1) Authority to investigate possible abuses.--The 
        Officer for Civil Rights and Civil Liberties may investigate 
        any matter referred to in paragraph (6) or (7) of subsection 
        (b) after fulfilling the coordination requirements under 
        paragraph (2) with respect to such matter.
            ``(2) Coordination requirements.--
                    ``(A) Referral of matters to inspector general.--
                Before initiating any investigation described under 
                paragraph (1), the Officer for Civil Rights and Civil 
                Liberties shall refer the matter and all related 
                complaints to the Inspector General of the Department.
                    ``(B) Inspector general responsibilities.--
                            ``(i) Determination and notification.--Not 
                        later than 5 business days after the receipt of 
                        a matter referred under subparagraph (A), the 
                        Inspector General shall--
                                    ``(I) make a determination 
                                regarding whether the Inspector General 
                                intends to initiate an audit or 
                                investigation of the matter referred 
                                under subparagraph (A); and
                                    ``(II) notify the Officer of such 
                                determination.
                            ``(ii) Audits and investigations.--If the 
                        Inspector General notifies the Officer for 
                        Civil Rights and Civil Liberties that the 
                        Inspector General intends to initiate an audit 
                        or investigation, the Inspector General shall--
                                    ``(I) initiate such audit or 
                                investigate by not later than 90 days 
                                after providing such notification; or
                                    ``(II) not later than 3 days after 
                                the end of the 90-day period specified 
                                in subclause (I), notify the Officer 
                                that such audit or investigation was 
                                not initiated.
                    ``(C) Provision of assistance.--At the request of 
                the Inspector General, the Officer for Civil Rights and 
                Civil Liberties may provide assistance to the Inspector 
                General on any investigation or audit initiated by the 
                Inspector General based on a referral under 
                subparagraph (A).
                    ``(D) Investigation by officer.--The Officer for 
                Civil Rights and Civil Liberties may investigate a 
                matter referred to the Inspector General under 
                subparagraph (A) only if--
                            ``(i) the Inspector General notifies the 
                        Officer for Civil Rights and Civil Liberties 
                        that the Inspector General does not intend to 
                        initiate an audit or investigation relating to 
                        that matter; or
                            ``(ii) the Inspector General provides 
                        notification under subparagraph (B)(ii)(II) 
                        that an audit or investigation was not 
                        initiated.
    ``(d) 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 
        for Civil Rights and Civil Liberties 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), upon the conclusion of the investigation, the 
        Officer shall produce a report on the investigation which--
                    ``(A) shall include the findings and 
                recommendations of the Officer;
                    ``(B) a summary of which shall be made publicly 
                available;
                    ``(C) shall not include any personally identifiable 
                information related to any individual involved in such 
                investigation; and
                    ``(D) may include a classified appendix, as the 
                Officer determines appropriate.
            ``(3) Submittal to heads of operational components.--The 
        Officer shall transmit a copy of each report produced under 
        paragraph (2) to the Secretary and to the relevant head of each 
        relevant operational component of the Department.
            ``(4) Reports to congress.--Upon the conclusion of any 
        investigation conducted by the Officer for Civil Rights and 
        Civil Liberties under paragraph (6) or (7) of subsection (b), 
        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, 
        unless the Officer seeks such comment.
    ``(e) Component Civil Rights and Civil Liberties Officer.--The head 
of each of the operational components of the Department 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 components.
    ``(f) Access to Information.--The Officer for Civil Rights and 
Civil Liberties of the Department--
            ``(1) shall have access 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--
                    ``(A) issue a subpoena to require the production, 
                by any person other than a Federal agency, of all 
                information, documents, reports, answers, records, 
                accounts, papers, and other documentary evidence 
                necessary in the performance of the responsibilities of 
                the Officer under this section; and
                    ``(B) 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.
    ``(g) Annual Report.--Not later than March 31 of each year, the 
Officer for Civil Rights and Civil Liberties of the Department shall 
submit directly to the President, the President of the Senate, the 
Speaker of the House of Representatives, and 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) any allegations of abuse described under subsection 
        (b)(6) and any actions by the Department or a component, 
        directorate, or office of the Department that the Officer 
        identifies as responsive to such allegations;
            ``(2) 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;
            ``(3) any recommendations issued by the Officer to the 
        Secretary or the head of a component, directorate, or office, 
        together with information on the status of the implementation 
        of such recommendations;
            ``(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 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
            ``(6) information on total staffing for the Office of 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.''.

SEC. 3. COMPTROLLER GENERAL REVIEW.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress a report on subsection (b)(11) of section 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 345), as amended by section 2.

            Passed the House of Representatives December 9, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```