U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–010 

" ! SENATE 108TH CONGRESS

2d Session 

REPORT

2004

108–350 

Calendar No. 704 

HOMELAND SECURITY CIVIL RIGHTS AND 

CIVIL LIBERTIES PROTECTION ACT OF 2004 

R E P O R T 

OF THE

COMMITTEE ON GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 2536 

TO ENUMERATE THE RESPONSIBILITIES OF THE OFFICER FOR 

CIVIL RIGHTS AND CIVIL LIBERTIES OF THE DEPARTMENT OF 

HOMELAND SECURITY, TO REQUIRE THE INSPECTOR GENERAL 

OF THE DEPARTMENT OF HOMELAND SECURITY TO DESIGNATE 

A SENIOR OFFICIAL TO INVESTIGATE CIVIL RIGHTS COMPLAINTS, AND FOR OTHER PURPOSES 

SEPTEMBER 20, 2004.—Ordered to be printed 


congress.#13
(II) 

COMMITTEE ON GOVERNMENTAL AFFAIRS 

SUSAN M. COLLINS, Maine, Chairman 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

ARLEN SPECTER, Pennsylvania 

ROBERT F. BENNETT, Utah 

PETER G. FITZGERALD, Illinois 

JOHN E. SUNUNU, New Hampshire 

RICHARD C. SHELBY, Alabama 

JOSEPH I. LIEBERMAN, Connecticut 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

RICHARD J. DURBIN, Illinois 

THOMAS R. CARPER, Delaware 

MARK DAYTON, Minnesota 

FRANK LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

MICHAEL D. BOPP, Staff Director and Chief Counsel 

JOHANNA L. HARDY, Senior Counsel 

JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel 

LAURIE RUBENSTEIN, Minority Chief Counsel 

AMY B. NEWHOUSE, Chief Clerk 

Calendar No. 704 

108TH CONGRESS REPORT " ! SENATE 2d Session 108–350 

HOMELAND SECURITY CIVIL RIGHTS AND CIVIL 

LIBERTIES PROTECTION ACT OF 2004 

SEPTEMBER 20, 2004.—Ordered to be printed 

Ms. COLLINS, from the Committee on Governmental Affairs, 

submitted the following 

REPORT 

[To accompany S. 2536] 

The Committee on Governmental Affairs, to whom was referred 

the bill (S. 2536) to enumerate the responsibilities of the Officer for 

Civil Rights and Civil Liberties of the Department of Homeland Security, to require the Inspector General of the Department of 

Homeland Security to designate a senior official to investigate civil 

rights complaints, and for other purposes, having considered the 

same reports favorably thereon with an amendment and recommends that the bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background .................................................................................................... 2 

III. Legislative History ......................................................................................... 5 

IV. Section-by-Section Analysis .......................................................................... 5 

V. Estimated Cost of Legislation ....................................................................... 7 

VI. Evaluation of Regulatory Impact .................................................................. 7 

VII. Changes in Existing Law .............................................................................. 8 

I. PURPOSE AND SUMMARY

The purpose of S. 2536, the Homeland Security Civil Rights and 

Civil Liberties Protection Act of 2004, is to enumerate the responsibilities of the Officer for Civil Rights and Civil Liberties of the 

Department of Homeland Security, to require the Inspector General of the Department of Homeland Security to designate a senior 

official to investigate civil rights complaints, and for other purposes. 

2 

1Senate Report 107–175, p. 1. 

2 Ibid. 

II. BACKGROUND AND NEED FOR LEGISLATION

BACKGROUND OF THE OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES

In the wake of the terrorist attacks on September 11, 2001, the 

country was awakened to the fact that it faced a new type of 

threat, and ‘‘many policy makers recognized that the government 

had not changed to meet these new threats.’’ 1 Congress realized 

that ‘‘[t]he responsibility for protecting the nation’s citizens and 

critical assets on U.S. soil was spread among dozens of departments and agencies, with no shared strategic vision or effective 

means of coordination.’’ 2 In responding to this new threat, Congress acted deliberately and quickly in passing Public Law 107– 

296, the Homeland Security Act of 2002, which created the Department of Homeland Security. On November 25, 2002, President 

Bush signed the Homeland Security Act of 2002 into law. 

In enacting the Homeland Security Act, Congress understood the 

importance of providing checks and balances to protect civil rights 

and civil liberties. To this end, Congress created within the Department, three positions devoted wholly or in part to ensuring respect 

for civil liberties as the Department carries out its mandate to protect the homeland. These positions are the Officer for Civil Rights 

and Civil Liberties, the Privacy Officer, and the Department’s Inspector General. These three officials have crucial roles in assessing actions of the Department that may affect personal privacy, 

civil rights, and civil liberties. While the Homeland Security Act 

created these offices to help ensure basic liberties are protected as 

the government improves protection of the homeland, the Act only 

generally described the role and responsibility of the Officer for 

Civil Rights and Civil Liberties. In addition, the Act did not provide for statutory guidance on how these offices should work together to address issues related to civil rights and civil liberties. In 

particular, existing law establishes the Officer for Civil Rights and 

Civil Liberties and requires the Officer to: (1) review and assess information alleging abuses of civil rights, civil liberties, and racial 

and ethnic profiling by employees and officials of the Department; 

and (2) make public through the Internet, radio, television, or 

newspaper advertisements information on the responsibilities and 

functions of, and how to contact, the Officer. 

On April 16, 2003, President Bush appointed Daniel W. Sutherland as the Officer for Civil Rights and Civil Liberties. Since that 

time, the Office for Civil Rights and Civil Liberties developed a 

broad strategic plan for the Office that includes responsibilities not 

specified in statute, and the Officer has focused on coordinating 

with other key offices with the Department including the Privacy 

Officer and the Office of Inspector General. 

NEED FOR LEGISLATION

The protection of civil rights and civil liberties is crucially important in a Department whose programs and activities affect individuals on a day-to-day basis. The nature of the mission of the Department of Homeland Security makes safeguards especially important. 

The Department is now our country’s biggest law enforcement 

3 

3Federal Law Enforcement Officers, 2002, Bureau of Justice Statistics Bulletin, August 2003, 

p. 5. 4Department of Homeland Security Strategic Plan Summary, 2004. 

5 Ibid. 

6Strategic plan for the Office for Civil Rights and Civil Liberties, Department of Homeland 

Security, September 2003, p. 1. 

agency. It has more Federal officers with arrest and firearm authority than the Department of Justice.3 Department personnel 

have contact with thousands of people every day. In addition, many 

of the Department’s programs and activities such as US VISIT, the 

Computer Assisted Passenger Pre-screening System (CAPPS II), 

other transportation screening processes, and immigration policies 

and programs have the potential, if not scrutinized, to affect individual liberties. In this post-9/11 world, the Department must be 

especially sensitive to maintaining civil liberties as it works to 

strengthen security and detect and deter terrorist attacks. 

The Department’s Vision Statement recognizes this imperitive by 

stating that by ‘‘[p]reserving our freedoms, protecting America . . . 

we secure our homeland.’’ 4 In addition, the Department states that 

one of its Guiding Principles is to protect civil rights and civil liberties.5

As previously mentioned, the Officer for Civil Rights and Civil 

Liberties has developed a broad strategic plan for the Office and 

has focused on coordinating with other key offices in the Department including the Privacy Officer and the Office of Inspector General (OIG). On September 2, 2003, the Officer and OIG entered into 

a Memorandum of Understanding (MOU) further clarifying the respective roles of those offices with respect to civil rights and civil 

liberties issues. 

The Department has taken additional steps to make the protection of civil rights and civil liberties a priority within the Department. The Officer currently reports directly to the Secretary. The 

Officer, in addition to his statutory duties, provides proactive legal 

and policy advice to senior Department officials related to civil 

rights and civil liberties issues. The Officer also acts as the Department’s equal employment opportunity officer. The stated mission of 

the Office for Civil Rights and Civil Liberties is ‘‘to protect civil 

rights and civil liberties and to support homeland security by providing the Department with constructive legal and policy advice on 

the full range of civil rights and civil liberties issues the Department will face, and by serving as an information and communication channel with the public regarding all aspects of these issues.’’ 6

This stated mission is much broader than the statutory authority 

provided to the Officer in the Homeland Security Act, and the 

proactive approach taken by the Office better ensures that programs and activities of the Department are designed and implemented to better ensure the protection of liberties. 

The Officer has been active in a number of areas. According to 

his June 2004 report to Congress, the Officer is providing advice 

on preventing racial profiling, providing input regarding identity 

documents, the US VISIT system, and CAPPS II, giving guidance 

to the Department regarding the detention of immigrations, 

strengthening the training of law enforcement on relevant issues 

through the Federal Law Enforcement Training Center, and ensurVerDate Aug 04 2004 19:35 Sep 21, 2004 Jkt 029010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR350.XXX SR350
4 

7See Report to Congress on Implementation of Section 705 of the Homeland Security Act and 

the Establishment of the Office for Civil Rights and Civil Liberties, Department of Homeland 

Security, June 2004. 

ing Department’s programs and activities are sensitive to the needs 

of people with disabilities.7

While the Department has made significant strides in creating a 

framework within the Department that can effectively help minimize the impact of its programs and activities on the freedoms of 

individuals, much of the current authority of the Officer for Civil 

Rights and Civil Liberties is not codified in statute. The lack of 

statutory authority may impact the effectiveness of the Officer in 

the future. 

THE HOMELAND SECURITY CIVIL RIGHTS AND CIVIL LIBERTIES

PROTECTION ACT OF 2004

S. 2536 would codify the responsibilities the Officer currently 

carries out. S. 2536 would require the Officer to: (1) assist the Department with the development, implementation, and review of 

policies and procedures in order to ensure civil rights and liberties 

issues are considered; (2) oversee compliance with constitutional, 

statutory, and other requirements related to civil rights and liberties of people affected by Department programs; and (3) investigate complaints and information indicating possible abuses of 

civil rights or civil liberties, unless the Inspector General decides 

to investigate. These responsibilities, while not currently codified 

into law, are being carried out currently by the Officer. For example, the MOU between the Inspector General and the Officer ensures that, while the Officer may investigate certain cases, the IG 

has first right of refusal to investigate. S. 2536 is intended to maintain the IG’s first right of refusal. 

The bill also clarifies the Officer’s existing responsibility to review and assess information related to abuses of civil rights, civil 

liberties and profiling. Current law provides that the Officer review 

and assess information ‘‘alleging’’ such abuses. The use of the term 

‘‘alleging’’ has raised questions as to whether there must be a specific allegation to trigger this authority. In addition, S. 2536 would 

amend the existing authority to include religion as a category of 

profiling that would be reviewable by the Officer. 

S. 2536 would also correct conflicting statutory language regarding the appointment of the Officer. Currently, Section 705 of the 

Homeland Security Act (6 U.S.C. 345(a)) states that the Secretary 

shall appoint the Officer; however, Section 103(d) of the Homeland 

Security Act (6 U.S.C. 113(d)) states that the Officer is appointed 

by the President. In practice, the current Officer was appointed by 

the President. The bill would strike the conflicting Section 705 language to ensure future Officers are presidentially appointed. This 

will further strengthen the authority of the Officer. 

The bill will also help to clarify that the Officer for Civil Rights 

and Civil Liberties and the Privacy Officer should coordinate on 

issues of mixed jurisdiction and that the authorities provided to the 

Officer for Civil Rights and Civil Liberties should not impact the 

authority of the Privacy Officer. The bill also clarifies that the Officer for Civil Rights and Civil Liberties as well as the Privacy Officer report directly to the Secretary. The intent of the provisions related to the Privacy Officer is to clarify the role of the Officer for 

5 

8Public Law 107–56 (2001), Section 1001. 

Civil Rights and Civil Liberties with respect that the Privacy Officer and to encourage, where appropriate, coordination between 

those two officers. The provisions of S. 2536 are not intended to diminish the existing authority of the Privacy Officer. The Committee understands that, as the full Senate considers S. 2536, the 

Department may propose additional changes to S. 2536 to further 

clarify the language. 

The Homeland Security Civil Rights and Civil Liberties Protection Act of 2004 strengthens the ability of the Department’s Inspector General to safeguard civil rights and civil liberties by requiring 

the Inspector General to designate a senior official within the OIG 

to coordinate investigation of abuses, ensure public awareness of 

complaint procedures, and coordinate the OIG’s work with that of 

the Officer for Civil Rights and Civil Liberties. This position is 

similar to one Congress created within the Office of the Inspector 

General of the Department of Justice when it passed the Uniting 

and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) 

Act of 2001.8

Finally, the Homeland Security Civil Rights and Civil Liberties 

Protection Act of 2004 amends the mission statement of the Department of Homeland Security to ensure that actions taken by the 

Department to protect the homeland do not diminish civil liberties 

and civil rights. This important revision ensures that the protection 

of civil rights and civil liberties continues to be a priority of the Department, as reflected in the Department’s own Strategic Plan. 

The Committee also recognizes that the Secretary has vested 

other authorities, such as equal employment opportunity, in the Office for Civil Rights and Civil Liberties. The absence of this responsibility in S. 2536 should not be construed as discouraging the Officer’s continued role in this area; however, as with many in other 

departments and agencies, the designation of the EEO officer is 

customarily left to the discretion of the agency or department head. 

III. LEGISLATIVE HISTORY

S. 2536 was introduced on June 17, 2004 by Senators Collins and 

Wyden and was referred to the Committee on Governmental Affairs. On July 21, 2004, the Committee considered S. 2536. Senator 

Collins offered an amendment, which the Committee agreed to by 

voice vote. The amendment clarifies that the Officer for Civil 

Rights and Civil Liberties is appointed by the President; clarifies 

the role of the Officer with respect to reviewing and assessing information regarding abuses of civil rights, civil liberties and 

profiling; and adds religion to the categories of profiling that the 

Officer should review and assess. The Committee ordered the bill 

reported, as amended, by voice vote. 

IV. SECTION-BY-SECTION ANALYSIS

Section 1 titles the bill as the Homeland Security Civil Rights 

and Civil Liberties Protection Act of 2004. 

Section 2 amends the mission of the Department of Homeland 

Security to include ensuring that the civil rights and civil liberties 

6 

of persons are not diminished by the efforts, activities, and programs aimed at securing the homeland. 

Section 3 amends the role and responsibilities of the Officer for 

Civil Rights and Civil Liberties by clarifying that the Officer reports directly to the Secretary; clarifying that the Officer may review and assess information concerning abuses of civil rights, civil 

liberties, and profiling on the basis of race, ethnicity, and religion; 

adding that the Officer assists the Secretary, directorate, and offices of the Department in developing and reviewing policies and 

procedures to ensure protection of civil rights and civil liberties; 

adding that the Officer oversees compliance with constitutional, 

statutory, regulatory, policy, and other requirements related to civil 

rights and civil liberties affected by Department activities and programs; adding that the Officer coordinates with the Privacy Officer 

regarding issues that have both privacy as well as civil rights and 

civil liberties implications, and investigating complaints and information indicating possible abuses of civil rights or civil liberties, 

unless that Inspector General determines that such complaint 

should be investigated by the Inspector General. 

Section 4 requires the Inspector General of the Department to 

designate a senior official within the Office of Inspector General 

who shall be responsible for coordinating the OIG with respect to 

investigations of abuses of civil rights and civil liberties; receiving 

and reviewing complaints and information alleging abuses of civil 

rights and civil liberties by employees or officials of the Department, independent contractors, or grantees of the Department; initiating investigations of alleged abuses of civil rights and civil liberties; ensuring that personnel with the OIG receive sufficient 

training to conduct such investigations; consulting with the Officer 

for Civil Rights and Civil Liberties; providing the Officer for Civil 

Rights and Civil Liberties with information regarding the outcome 

of investigations; referring civil rights and civil liberties matters 

that the IG has decided not to investigate to the Officer for Civil 

Rights and Civil Liberties; ensuring the OIG publicizes the procedures for filing complaints and the status of investigations; and informing the Officer for Civil Rights and Civil Liberties of weaknesses, problems, and deficiencies within the Department relating 

to civil rights or civil liberties. 

Section 5 amends section 222 of the Homeland Security Act of 

2002 related to the Privacy Officer by clarifying that the Privacy 

Officer reports directly to the Secretary and requiring the Privacy 

Officer to coordinate with the Officer for Civil Rights and Civil Liberties on matters that involve privacy issues as well as civil rights 

and civil liberties. 

7 

V. ESTIMATED COST OF LEGISLATION

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 4, 2004. 

Hon. SUSAN M. COLLINS, 

Chairman, Committee on Governmental Affairs, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 2536, the Homeland Security Civil Rights and Civil Liberties Protection Act of 2004. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

ELIZABETH ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

S. 2536—Homeland Security Civil Rights and Civil Liberties Protection Act of 2004 

S. 2536 would amend the Homeland Security Act to codify and 

strengthen the authority of the Officer for Civil Rights and Civil 

Liberties at the Department of Homeland Security (DHS). The officer would be responsible for developing plans to ensure that civil 

liberties are protected and incorporated in the department’s policies. The legislation also would clarify the roles of the department’s 

Officer of Civil Rights and Civil Liberties and the Privacy Officer 

on issues of mixed jurisdiction. In addition, S. 2536 would establish 

a senior staff position within DHS’s Office of Inspector General responsible for coordinating civil rights and civil liberty investigations. 

CBO estimates that implementing S. 2536 would cost less than 

$500,000 a year, subject to the availability of appropriated funds. 

The legislation would codify and expand the current practices of 

the Office for Civil Rights and Civil Liberties at DHS, but it would 

not add significantly to the office’s costs. Based on information 

from the Office of Inspector General, CBO expects that the new 

senior staff position would not significantly increase that office’s 

operating costs. Enacting the legislation would not affect direct 

spending or revenues. 

S. 2536 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of states, local, or tribal governments. 

The CBO staff contact is Matthew Pickford. This estimate was 

approved by Robert A. Sunshine, Assistant Director for Budget 

Analysis. 

VI. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill. CBO states that there are no 

intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and no costs on state, local, or tribal 

governments. The legislation contains no other regulatory impact. 

8 

VII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new matter is printed in italic and 

existing law, in which no change is proposed, is shown in roman): 

UNITED STATES CODE 

TITLE 5—GOVERNMENT ORGANIZATION AND 

EMPLOYEES 

TITLE 5—APPENDIX 

Inspector General Act of 1978 

§ 8I. Special provisions concerning the Department of Homeland Security 

(a)(1) Notwithstanding the last two sentences of section 3(a), the 

Inspector General of the Department of Homeland Security shall be 

under the authority, direction, and control of the Secretary of 

Homeland Security with respect to audits or investigations, or the 

issuance of subpoenas, that require access to sensitive information 

concerning— 

* * * * * * * 

(e) Notwithstanding any other provision of law, in carrying out 

the duties and responsibilities specified in this Act, the Inspector 

General of the Department of Homeland Security shall have oversight responsibility for the internal investigations performed by the 

Office of Internal Affairs of the United States Customs Service, the 

Office of Inspections of the United States Secret Service, the Bureau of Border Security, and the Bureau of Citizenship and Immigration Services. The head of each such office or bureau shall 

promptly report to the Inspector General the significant activities 

being carried out by such office or bureau. 

(f)(1) The Inspector General of the Department of Homeland Security shall designate a senior official within the Office of the Inspector General, who shall be a career member of the civil service at the 

equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in paragraph (2). 

(2) The senior official designated under paragraph (1) shall— 

(A) coordinate the activities of the Office of Inspector General 

with respect to investigations of abuses of civil rights or civil 

liberties; 

(B) receive and review complaints and information from any 

source alleging abuses of civil rights and civil liberties by employees or officials of the Department and employees or officials 

of independent contractors or grantees of the Department; 

(C) initiate investigations of alleged abuses of civil rights or 

civil liberties by employees or officials of the Department and 

employees or officials of independent contractors or grantees of 

the Department; 

9 

(D) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights 

and civil liberties investigations; 

(E) consult with the Office for Civil Rights and Civil Liberties 

regarding— 

(i) alleged abuses of civil rights or civil liberties; and 

(ii) any policy recommendations regarding civil rights 

and civil liberties that may be founded upon an investigation by the Office of Inspector General; 

(F) provide the Officer for Civil Rights and Civil Liberties 

with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; 

(G) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil 

Rights and Civil Liberties; 

(H) ensure that the Office of the Inspector General publicizes 

and provides convenient public access to information regarding— 

(i) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and 

(ii) the status of investigations initiated in response to 

public complaints; and 

(I) inform the Officer for Civil Rights and Civil Liberties of 

any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties. 

* * * * * * * 

UNITED STATES CODE 

TITLE 6—DOMESTIC SECURITY 

CHAPTER 1—HOMELAND SECURITY ORGANIZATION 

DEPARTMENT OF HOMELAND SECURITY

§ 111. Executive department; mission 

(a) ESTABLISHMENT.—There is established a Department of 

Homeland Security, as an executive department of the United 

States within the meaning of title 5, United States Code. 

(b) MISSION.— 

(1) IN GENERAL.—The primary mission of the Department is 

to— 

(A) prevent terrorist attacks within the United States; 

(B) reduce the vulnerability of the United States to terrorism; 

(C) minimize the damage, and assist in the recovery, 

from terrorist attacks that do occur within the United 

States; 

(D) carry out all functions of entities transferred to the 

Department, including by acting as a focal point regarding 

natural and manmade crises and emergency planning; 

(E) ensure that the functions of the agencies and subdivisions within the Department that are not related diVerDate Aug 04 2004 19:35 Sep 21, 2004 Jkt 029010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR350.XXX SR350
10 

rectly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress; 

(F) ensure that the overall economic security of the 

United States is not diminished by efforts, activities, and 

programs aimed at securing the homeland; øand¿ 

(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs 

aimed at securing the homeland; and 

ø(G)¿ (H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking. 

* * * * * * * 

UNITED STATES CODE 

TITLE 6—DOMESTIC SECURITY 

CHAPTER 1—HOMELAND SECURITY ORGANIZATION 

INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

INFORMATION SECURITY

§ 142. Privacy officer 

The Secretary shall appoint a senior official in the Department, 

who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including— 

(1) assuring that the use of technologies sustain, and do not 

erode, privacy protections relating to the use, collection, and 

disclosure of personal information; 

(2) assuring that personal information contained in Privacy 

Act systems of records is handled in full compliance with fair 

information practices as set out in the Privacy Act of 1974 [5 

USCS § 552a]; 

(3) evaluating legislative and regulatory proposals involving 

collection, use, and disclosure of personal information by the 

Federal Government; 

(4) conducting a privacy impact assessment of proposed rules 

of the Department or that of the Department on the privacy of 

personal information, including the type of personal information collected and the number of people affected; øand¿ 

(5) coordinating with the Officer for Civil Rights and Civil 

Liberties 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 on such programs, policies, and procedures; and 

ø(5)¿ (6) preparing a report to Congress on an annual basis 

on activities of the Department that affect privacy, including 

complaints of privacy violations, implementation of the Privacy 

Act of 1974 [5 USCS § 552a], internal controls, and other matters. 

* * * * * * * 

11 

UNITED STATES CODE 

TITLE 6—DOMESTIC SECURITY 

CHAPTER 1—HOMELAND SECURITY ORGANIZATION 

MANAGEMENT

§ 345. Establishment of Officer for Civil Rights and Civil Liberties 

ø(a) IN GENERAL.—The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall—¿ 

(a) IN GENERAL.—The Officer for Civil Rights and Civil Liberties, 

who shall report directly to the Secretary, shall— 

ø(1) review and assess information alleging abuses of civil 

rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and¿ (1) review and assess 

information concerning abuses of civil rights, civil liberties, and 

profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department; 

(2) make public through the Internet, radio, television, or 

newspaper advertisements information on the responsibilities 

and functions of, and how to contact, the Officerø.¿; 

(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection 

of civil rights and civil liberties is appropriately incorporated 

into Department programs and activities; 

(4) 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; 

(5) 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; and 

(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector 

General of the Department determines that any such complaint 

or information should be investigated by the Inspector General. 

Æ