II 

Calendar No. 574 

116TH CONGRESS 

2D SESSION H. R. 4713 

[Report No. 116–280] 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2019 

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

Governmental Affairs 

OCTOBER 19, 2020 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Office of Civil Rights and Civil Liberties Au6 thorization Act’’. 


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1 SEC. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. 

2 (a) IN GENERAL.—Section 705 of the Homeland Se3 curity Act of 2002 (6 U.S.C. 345) is amended— 

4 (1) in the section heading, by striking ‘‘ESTAB5 LISHMENT OF’’; and 

6 (2) by striking subsections (a) and (b) and in7 serting the following new subsections: 

8 ‘‘(a) IN GENERAL.—There is established within the 

9 Department an Office for Civil Rights and Civil Liberties. 

10 The head of such Office is the Officer for Civil Rights 

11 and Civil Liberties, who shall report directly to the Sec12 retary. 

13 ‘‘(b) RESPONSIBILITIES.—The Officer for Civil 

14 Rights and Civil Liberties shall carry out the following re15 sponsibilities: 

16 ‘‘(1) Oversee compliance with constitutional, 

17 statutory, regulatory, policy, and other requirements 

18 relating to the civil rights and civil liberties of indi19 viduals affected by the programs and activities of 

20 the Department. 

21 ‘‘(2) Integrate civil rights and civil liberties pro22 tections into all programs and activities of the De23 partment. 

24 ‘‘(3) Conduct civil rights and civil liberties im25 pact assessments, as appropriate, including prior to 


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1 the implementation of new Department regulations, 

2 initiatives, programs, or policies. 

3 ‘‘(4) Conduct periodic reviews of policies, proce4 dures, and activities of the Department relating to 

5 civil rights and civil liberties. 

6 ‘‘(5) Provide policy advice, recommendations, 

7 and other technical assistance relating to civil rights 

8 and civil liberties to the Secretary and to heads of 

9 components, directorates, and offices and other per10 sonnel within the Department. 

11 ‘‘(6) Review, assess, and investigate complaints, 

12 including complaints filed by members of the public, 

13 and information indicating possible abuses of civil 

14 rights or civil liberties at the Department, unless the 

15 Inspector General of the Department determines 

16 that any such complaint should be investigated by 

17 the Inspector General. 

18 ‘‘(7) Initiate reviews, investigations, and assess19 ments of the administration of the programs and ac20 tivities by the Department relating to civil rights 

21 and civil liberties, as the Officer determines nec22 essary. 

23 ‘‘(8) Coordinate with the Privacy Officer to en24 sure that— 


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1 ‘‘(A) programs, policies, and procedures in2 volving civil rights, civil liberties, and privacy 

3 considerations are addressed in an integrated 

4 and comprehensive manner; and 

5 ‘‘(B) Congress receives appropriate reports 

6 regarding such programs, policies, and proce7 dures. 

8 ‘‘(9) Lead the equal employment opportunity 

9 programs of the Department, including complaint 

10 management and adjudication, workforce diversity, 

11 and promotion of the merit system principles. 

12 ‘‘(10) Make publicly available through acces13 sible communications channels, including the website 

14 of the Department— 

15 ‘‘(A) information on the responsibilities 

16 and functions of, and how to contact, the Of17 fice; 

18 ‘‘(B) summary of reports of investigations 

19 that result in final recommendations that are 

20 issued by the Officer upon completion of inves21 tigations carried out pursuant to paragraph (6); 

22 and 

23 ‘‘(C) summaries of impact assessments 

24 issued by the Officer and carried out pursuant 

25 to paragraph (3) or (7). 


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1 ‘‘(11) Engage with individuals and communities 

2 whose civil rights and civil liberties may be affected 

3 by programs and activities of the Department, in4 cluding by informing such individuals and commu5 nities about report and redress processes and advis6 ing the Secretary and heads of components, direc7 torates, offices, and other personnel within the De8 partment of concerns raised by such individuals and 

9 communities. 

10 ‘‘(c) COORDINATION WITH INSPECTOR GENERAL.— 

11 ‘‘(1) AUTHORITY TO INVESTIGATE POSSIBLE

12 ABUSES.—The Officer for Civil Rights and Civil Lib13 erties may investigate any matter referred to in 

14 paragraph (6) or (7) of subsection (b) after fulfilling 

15 the coordination requirements under paragraph (2) 

16 with respect to such matter. 

17 ‘‘(2) COORDINATION REQUIREMENTS.— 

18 ‘‘(A) REFERRAL OF MATTERS TO INSPEC19 TOR GENERAL.—Before initiating any investiga20 tion described under paragraph (1), the Officer 

21 for Civil Rights and Civil Liberties shall refer 

22 the matter and all related complaints to the In23 spector General of the Department. 

24 ‘‘(B) INSPECTOR GENERAL RESPONSIBIL25 ITIES.— 


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1 ‘‘(i) DETERMINATION AND NOTIFICA2 TION.—Not later than 5 business days 

3 after the receipt of a matter referred under 

4 subparagraph (A), the Inspector General 

5 shall— 

6 ‘‘(I) make a determination re7 garding whether the Inspector Gen8 eral intends to initiate an audit or in9 vestigation of the matter referred 

10 under subparagraph (A); and 

11 ‘‘(II) notify the Officer of such 

12 determination. 

13 ‘‘(ii) AUDITS AND INVESTIGATIONS.— 

14 If the Inspector General notifies the Offi15 cer for Civil Rights and Civil Liberties that 

16 the Inspector General intends to initiate an 

17 audit or investigation, the Inspector Gen18 eral shall— 

19 ‘‘(I) initiate such audit or inves20 tigate by not later than 90 days after 

21 providing such notification; or 

22 ‘‘(II) not later than 3 days after 

23 the end of the 90-day period specified 

24 in subclause (I), notify the Officer 


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1 that such audit or investigation was 

2 not initiated. 

3 ‘‘(C) PROVISION OF ASSISTANCE.—At the 

4 request of the Inspector General, the Officer for 

5 Civil Rights and Civil Liberties may provide as6 sistance to the Inspector General on any inves7 tigation or audit initiated by the Inspector Gen8 eral based on a referral under subparagraph 

9 (A). 

10 ‘‘(D) INVESTIGATION BY OFFICER.—The 

11 Officer for Civil Rights and Civil Liberties may 

12 investigate a matter referred to the Inspector 

13 General under subparagraph (A) only if— 

14 ‘‘(i) the Inspector General notifies the 

15 Officer for Civil Rights and Civil Liberties 

16 that the Inspector General does not intend 

17 to initiate an audit or investigation relat18 ing to that matter; or 

19 ‘‘(ii) the Inspector General provides 

20 notification under subparagraph (B)(ii)(II) 

21 that an audit or investigation was not initi22 ated. 

23 ‘‘(d) TRANSPARENCY.— 

24 ‘‘(1) COMPLAINTS.—In the case of a complaint 

25 made concerning allegations of abuses of civil rights 


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1 and civil liberties under paragraph (6) of subsection 

2 (b), the Officer for Civil Rights and Civil Liberties 

3 shall— 

4 ‘‘(A) provide to the individual who made 

5 the complaint notice of the receipt of such com6 plaint within 30 days of receiving the com7 plaint; and 

8 ‘‘(B) inform the complainant of the deter9 mination of the Officer regarding the initiation 

10 of a review, assessment, or investigation within 

11 the Office, a referral to the Inspector General 

12 of the Department, or any other action taken. 

13 ‘‘(2) INVESTIGATIONS.—In the case of an inves14 tigation initiated by the Officer pursuant to para15 graph (6) or (7) of subsection (b), upon the conclu16 sion of the investigation, the Officer shall produce a 

17 report on the investigation which— 

18 ‘‘(A) shall include the findings and rec19 ommendations of the Officer; 

20 ‘‘(B) a summary of which shall be made 

21 publicly available; 

22 ‘‘(C) shall not include any personally iden23 tifiable information related to any individual in24 volved in such investigation; and 


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1 ‘‘(D) may include a classified appendix, as 

2 the Officer determines appropriate. 

3 ‘‘(3) SUBMITTAL TO HEADS OF OPERATIONAL

4 COMPONENTS.—The Officer shall transmit a copy of 

5 each report produced under paragraph (2) to the 

6 Secretary and to the relevant head of each relevant 

7 operational component of the Department. 

8 ‘‘(4) REPORTS TO CONGRESS.—Upon the con9 clusion of any investigation conducted by the Officer 

10 for Civil Rights and Civil Liberties under paragraph 

11 (6) or (7) of subsection (b), the Officer shall submit 

12 to Congress a report on the investigation, which 

13 shall be prepared and submitted without any prior 

14 comment or amendment by the Secretary, Deputy 

15 Secretary, or any other officer or employee of the 

16 Department, unless the Officer seeks such comment. 

17 ‘‘(e) COMPONENT CIVIL RIGHTS AND CIVIL LIB18 ERTIES OFFICER.—The head of each of the operational 

19 components of the Department shall designate a career 

20 appointee (as such term is defined in section 3132 of title 

21 5, United States Code) from such component as the Offi22 cer for Civil Rights and Civil Liberties of that component. 

23 The Officer for Civil Rights and Civil Liberties of each 

24 such component shall coordinate with and provide infor25 mation to the Officer for Civil Rights and Civil Liberties 


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1 of the Department on matters related to civil rights and 

2 civil liberties within the components. 

3 ‘‘(f) ACCESS TO INFORMATION.—The Officer for Civil 

4 Rights and Civil Liberties of the Department— 

5 ‘‘(1) shall have access to all records, reports, 

6 audits, reviews, documents, papers, recommenda7 tions, and other materials available to the Depart8 ment that relate to programs and operations with 

9 respect to the responsibilities of the Officer under 

10 subsection (b); and 

11 ‘‘(2) may, to the extent the Officer determines 

12 necessary, and subject to the approval of the Sec13 retary— 

14 ‘‘(A) issue a subpoena to require the pro15 duction, by any person other than a Federal 

16 agency, of all information, documents, reports, 

17 answers, records, accounts, papers, and other 

18 documentary evidence necessary in the perform19 ance of the responsibilities of the Officer under 

20 this section; and 

21 ‘‘(B) administer to or take from any per22 son an oath, affirmation, or affidavit, whenever 

23 necessary in the performance of the responsibil24 ities of the Officer under this section. 


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1 ‘‘(g) ANNUAL REPORT.—Not later than March 31 of 

2 each year, the Officer for Civil Rights and Civil Liberties 

3 of the Department shall submit directly to the President, 

4 the President of the Senate, the Speaker of the House of 

5 Representatives, and the appropriate committees and sub6 committees of Congress, a report on the implementation 

7 of this section during the year preceding the year during 

8 which the report is submitted. Each such report shall in9 clude, for the year covered by the report— 

10 ‘‘(1) any allegations of abuse described under 

11 subsection (b)(6) and any actions by the Depart12 ment or a component, directorate, or office of the 

13 Department that the Officer identifies as responsive 

14 to such allegations; 

15 ‘‘(2) a list of Department programs and activi16 ties for which civil rights and civil liberties impact 

17 assessments were conducted, or policy advice, rec18 ommendations, or other technical assistance was 

19 provided; 

20 ‘‘(3) any recommendations issued by the Officer 

21 to the Secretary or the head of a component, direc22 torate, or office, together with information on the 

23 status of the implementation of such recommenda24 tions; 


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1 ‘‘(4) information on the diversity and equal em2 ployment opportunity activities of the Department, 

3 including information on complaint management and 

4 adjudication of equal employment opportunity com5 plaints and efforts to ensure compliance throughout 

6 the Department with equal employment opportunity 

7 requirements; 

8 ‘‘(5) a description of any efforts to engage with 

9 individuals and communities whose civil rights and 

10 civil liberties may be affected by activities carried 

11 out by the Department, including public meetings; 

12 and 

13 ‘‘(6) information on total staffing for the Office 

14 of Civil Rights and Civil Liberties, including— 

15 ‘‘(A) the number of full-time, part-time 

16 and contract support personnel; and 

17 ‘‘(B) information on the number of em18 ployees whose primary responsibilities include 

19 supporting the Officer in carrying out para20 graph (9) of subsection (b).’’. 

21 (b) CLERICAL AMENDMENT.—The item relating to 

22 section 705 in section 1(b) of the Homeland Security Act 

23 of 2002 is amended to read as follows: 


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1 ‘‘SEC. 705. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB2 ERTIES.’’. 

3 SEC. 3. COMPTROLLER GENERAL REVIEW. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Comptroller General of the United 

6 States shall submit to Congress a report on subsection 

7 (b)(11) of section 705 of the Homeland Security Act of 

8 2002 (6 U.S.C. 345), as amended by section 2. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Department of Home11 land Security Office for Civil Rights and Civil Liberties 

12 Authorization Act’’. 

13 SEC. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. 

14 (a) IN GENERAL.—Section 705 of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 345) is amended— 

16 (1) in the section heading, by striking ‘‘ESTAB17 LISHMENT OF’’; and 

18 (2) by striking subsections (a) and (b) and in19 serting the following new subsections: 

20 ‘‘(a) IN GENERAL.—There is established within the De21 partment an Office for Civil Rights and Civil Liberties. The 

22 head of such Office is the Officer for Civil Rights and Civil 

23 Liberties (referred to in this section as the ‘Officer’), who 

24 shall report directly to the Secretary. 

25 ‘‘(b) RESPONSIBILITIES.—The Officer shall carry out 

26 the following responsibilities: 


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1 ‘‘(1) Oversee compliance with constitutional, 

2 statutory, regulatory, policy, and other requirements 

3 relating to the civil rights and civil liberties of indi4 viduals affected by the programs and activities of the 

5 Department. 

6 ‘‘(2) Integrate civil rights and civil liberties pro7 tections into all programs and activities of the De8 partment. 

9 ‘‘(3) Conduct civil rights and civil liberties im10 pact assessments, including, as appropriate, prior to 

11 the implementation of new Department regulations, 

12 initiatives, programs, or policies. 

13 ‘‘(4) Conduct periodic reviews and assessments of 

14 policies, procedures, and activities of the Department 

15 relating to civil rights and civil liberties, including 

16 reviews initiated by the Officer. 

17 ‘‘(5) Provide policy advice, recommendations, 

18 and other technical assistance relating to civil rights 

19 and civil liberties to the Secretary and to heads of 

20 components, directorates, and offices and other per21 sonnel within the Department. 

22 ‘‘(6) Review, assess, and investigate complaints, 

23 including complaints filed by members of the public, 

24 and information indicating possible abuses of civil 

25 rights or civil liberties at the Department, unless the 


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1 Inspector General of the Department determines that 

2 any such complaint should be investigated by the In3 spector General. 

4 ‘‘(7) As the Officer determines necessary, initiate 

5 reviews, investigations, and assessments of the admin6 istration of the programs and activities of the Depart7 ment relating to civil rights and civil liberties. 

8 ‘‘(8) Coordinate with the Privacy Officer to en9 sure that— 

10 ‘‘(A) programs, policies, and procedures in11 volving civil rights, civil liberties, and privacy 

12 considerations are addressed in an integrated 

13 and comprehensive manner; and 

14 ‘‘(B) Congress receives appropriate reports 

15 regarding such programs, policies, and proce16 dures. 

17 ‘‘(9) Lead the equal employment opportunity 

18 programs of the Department, including complaint 

19 management and adjudication, workforce diversity, 

20 and promotion of the merit system principles. 

21 ‘‘(10) On a semi-annual basis, make publicly 

22 available through accessible communications channels, 

23 including the website of the Department— 

24 ‘‘(A) information on the responsibilities and 

25 functions of, and how to contact, the Office; 


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1 ‘‘(B) summaries of the investigations car2 ried out pursuant to paragraph (6) that result 

3 in final recommendations that are issued by the 

4 Officer ; and 

5 ‘‘(C) summaries of impact assessments car6 ried out pursuant to paragraph (3) or (7) that 

7 are issued by the Officer. 

8 ‘‘(11) Engage with individuals and communities 

9 whose civil rights and civil liberties may be affected 

10 by programs and activities of the Department, includ11 ing by informing such individuals and communities 

12 about report and redress processes and advising the 

13 Secretary and heads of components, directorates, and 

14 offices and other personnel within the Department of 

15 concerns raised by such individuals and communities. 

16 ‘‘(12) Lead the Language Access Program for the 

17 Department to ensure the Department can effectively 

18 communicate with all individuals impacted by pro19 grams and activities of the Department, including 

20 those with limited English proficiency. 

21 ‘‘(c) TRANSPARENCY.— 

22 ‘‘(1) COMPLAINTS.—In the case of a complaint 

23 made concerning allegations of abuses of civil rights 

24 and civil liberties under paragraph (6) of subsection 

25 (b), the Officer shall— 


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1 ‘‘(A) provide to the individual who made 

2 the complaint notice of the receipt of such com3 plaint within 30 days of receiving the complaint; 

4 and 

5 ‘‘(B) inform the complainant of the deter6 mination of the Officer regarding the initiation 

7 of a review, assessment, or investigation within 

8 the Office, a referral to the Inspector General of 

9 the Department, or any other action taken. 

10 ‘‘(2) INVESTIGATIONS.—In the case of an inves11 tigation initiated by the Officer pursuant to para12 graph (6) or (7) of subsection (b) in which findings 

13 or recommendations are issued, the Officer— 

14 ‘‘(A) shall, on a semi-annual basis, make 

15 publicly available through accessible communica16 tions channels, including the website of the De17 partment— 

18 ‘‘(i) the findings and recommendations 

19 of the Officer, if any; and 

20 ‘‘(ii) a summary of the investigations 

21 that result in final recommendations that 

22 are issued by the Officer; and 

23 ‘‘(B) shall not include in such findings, rec24 ommendations, or summary any personally 


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1 identifiable information related to any indi2 vidual involved in such investigation. 

3 ‘‘(3) SUBMITTAL TO HEADS OF OPERATIONAL

4 COMPONENTS.—The Officer shall transmit a copy of 

5 each summary produced under paragraph (2) to the 

6 Secretary and to the head of each relevant operational 

7 component of the Department. 

8 ‘‘(4) REPORTS TO CONGRESS.—Upon the conclu9 sion of any investigation conducted by the Officer 

10 under paragraph (6) or (7) of subsection (b) in which 

11 findings or recommendations are issued, the Officer 

12 shall submit to Congress a report on the investigation, 

13 which shall be prepared and submitted without any 

14 prior comment or amendment by the Secretary, Dep15 uty Secretary, or any other officer or employee of the 

16 Department or the Office of Management and Budget, 

17 unless the Officer seeks such comment. 

18 ‘‘(d) COMPONENT CIVIL RIGHTS AND CIVIL LIBERTIES

19 OFFICER.—The head of each of the operational components 

20 of the Department, in consultation with the Officer, shall 

21 designate a career appointee (as such term is defined in 

22 section 3132 of title 5, United States Code) from such com23 ponent as the Officer for Civil Rights and Civil Liberties 

24 of that component. The Officer for Civil Rights and Civil 

25 Liberties of each such component shall coordinate with and 


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1 provide information to the Officer for Civil Rights and 

2 Civil Liberties of the Department on matters related to civil 

3 rights and civil liberties within the component. 

4 ‘‘(e) ACCESS TO INFORMATION.—The Officer— 

5 ‘‘(1) shall have access in a timely manner to all 

6 records, reports, audits, reviews, documents, papers, 

7 recommendations, and other materials available to the 

8 Department that relate to programs and operations 

9 with respect to the responsibilities of the Officer under 

10 subsection (b); and 

11 ‘‘(2) may, to the extent the Officer determines 

12 necessary, and subject to the approval of the Sec13 retary, administer to or take from any person an 

14 oath, affirmation, or affidavit, whenever necessary in 

15 the performance of the responsibilities of the Officer 

16 under this section. 

17 ‘‘(f) ANNUAL REPORT.—Not later than March 31 of 

18 each year, the Officer shall submit to the appropriate com19 mittees and subcommittees of Congress a report on the im20 plementation of this section during the year preceding the 

21 year during which the report is submitted. Each such report 

22 shall include, for the year covered by the report— 

23 ‘‘(1) a list of Department programs and activi24 ties for which civil rights and civil liberties impact 

25 assessments were conducted, or policy advice, recVerDate Sep 11 2014 00:07 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H4713.RS H4713

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1 ommendations, or other technical assistance was pro2 vided; 

3 ‘‘(2) a list of Department programs and activi4 ties relating to civil rights and civil liberties that 

5 have not had impact assessments conducted during 

6 the 5-year period ending on the date of enactment of 

7 the Department of Homeland Security Office of Civil 

8 Rights and Civil Liberties Authorization Act; 

9 ‘‘(3) an assessment of the efforts of the Depart10 ment through the Language Access Program to effec11 tively communicate with all individuals impacted by 

12 programs and activities of the Department, including 

13 those with limited English proficiency; 

14 ‘‘(4) a summary of investigations resulting in 

15 recommendations issued under paragraph (6) or (7) 

16 of subsection (b) by the Officer to the Secretary or the 

17 head of a component, directorate, or office, together 

18 with information on the status of the component, di19 rectorate, or office’s implementation of such rec20 ommendations; 

21 ‘‘(5) information on the diversity and equal em22 ployment opportunity activities of the Department, 

23 including information on complaint management and 

24 adjudication of equal employment opportunity com25 plaints and efforts to ensure compliance throughout 


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1 the Department with equal employment opportunity 

2 requirements; 

3 ‘‘(6) a description of any efforts to engage with 

4 individuals and communities whose civil rights and 

5 civil liberties may be affected by activities carried out 

6 by the Department, including public meetings; and 

7 ‘‘(7) information on total staffing for the Office 

8 for Civil Rights and Civil Liberties, including— 

9 ‘‘(A) the number of full-time, part-time and 

10 contract support personnel; and 

11 ‘‘(B) information on the number of employ12 ees whose primary responsibilities include sup13 porting the Officer in carrying out paragraph 

14 (9) of subsection (b).’’. 

15 (b) CLERICAL AMENDMENT.—The item relating to sec16 tion 705 in section 1(b) of the Homeland Security Act of 

17 2002 is amended to read as follows: 

‘‘Sec. 705. Officer for civil rights and civil liberties.’’. 

18 (c) REPORTING TO CONGRESS.—Section 

19 1062(f)(1)(A)(i) of the National Security Intelligence Re20 form Act of 2004 (42 U.S.C. 2000ee–1(f)(1)(A)(i)) is 

21 amended by striking ‘‘the Committee on Oversight and Gov22 ernment Reform of the House of Representatives’’ and in23 serting ‘‘the Committee on Homeland Security of the House 

24 of Representatives, the Committee on Oversight and Reform 

25 of the House of Representatives’’. 


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1 SEC. 3. COMPTROLLER GENERAL REVIEW. 

2 Not later than 2 years after the date of the enactment 

3 of this Act, the Comptroller General of the United States 

4 shall submit to Congress a report on the implementation 

5 of subsection (b)(11) of section 705 of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 345), as amended by section 2. 


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Calendar No. 574 

116TH CONGRESS 

2D SESSION H. R. 4713 

[Report No. 116–280] 

AN ACT 

To amend the Homeland Security Act of 2002 to 

Homeland Security, and for other purposes. Rights and Civil Liberties of the Department of make certain improvements in the Office for Civil 

OCTOBER 19, 2020 

Reported with an amendment 


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