I 

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. 

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 for Civil Rights and Civil Liberties 

6 Authorization Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 8103 IH

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) ESTABLISHMENT.— 

9 ‘‘(1) IN GENERAL.—There is established within 

10 the Department an Office for Civil Rights and Civil 

11 Liberties (referred to in this section as the ‘Office’). 

12 The head of the Office is the Officer for Civil Rights 

13 and Civil Liberties (referred to in this section as the 

14 ‘Officer’), who shall report directly to the Secretary. 

15 ‘‘(2) DUTIES.—The Secretary and the head of 

16 each component shall— 

17 ‘‘(A) ensure that the Officer for Civil 

18 Rights and Civil Liberties of the Department 

19 and the Officer for Civil Rights and Civil Lib20 erties of such component— 

21 ‘‘(i) have the information, materials, 

22 and resources necessary to carry out the 

23 functions of the Office; 

24 ‘‘(ii) are consulted in advance of new 

25 or proposed changes to policies, programs, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 8103 IH

1 initiatives, or activities impacting civil 

2 rights or civil liberties; and 

3 ‘‘(iii) are given full and complete ac4 cess to all materials and personnel nec5 essary to carry out the functions of the Of6 fice; and 

7 ‘‘(B) consider advice and recommendations 

8 from the Officer for Civil Rights and Civil Lib9 erties of the Department in the development 

10 and implementation of policies, programs, ini11 tiatives, and activities impacting civil rights or 

12 civil liberties. 

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

14 the following responsibilities: 

15 ‘‘(1) Oversee compliance with constitutional, 

16 statutory, regulatory, policy, and other requirements 

17 relating to the civil rights or civil liberties of individ18 uals affected by the policies, programs, initiatives, or 

19 activities of the Department. 

20 ‘‘(2) Review and assess information concerning 

21 abuses of civil rights or civil liberties, and profiling 

22 on the basis of race, ethnicity, national origin, reli23 gion, sex, sexual orientation, gender identity, dis24 ability, or other characteristics, by employees or offi25 cials of the Department. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 8103 IH

1 ‘‘(3) Integrate civil rights and civil liberties pro2 tections into all policies, programs, initiatives, and 

3 activities of the Department. 

4 ‘‘(4) Conduct civil rights and civil liberties as5 sessments, as appropriate, prior to the implementa6 tion of new Department regulations, policies, pro7 grams, initiatives, or activities. 

8 ‘‘(5) Conduct periodic reviews and assessments 

9 of policies, programs, initiatives, and activities of the 

10 Department relating to civil rights and civil liberties, 

11 including reviews and assessments. 

12 ‘‘(6) Provide to the Secretary, the heads of 

13 components, and other personnel within the Depart14 ment policy advice, recommendations, and other 

15 technical assistance relating to civil rights and civil 

16 liberties. 

17 ‘‘(7) Investigate complaints and information in18 dicating possible abuses of civil rights or civil lib19 erties by employees or officials of the Department, 

20 unless the Inspector General of the Department de21 termines that any such complaint should be inves22 tigated by the Inspector General. 

23 ‘‘(8) Initiate reviews and assessments of the ad24 ministration of the policies, programs, initiatives, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 8103 IH

1 and activities of the Department relating to civil 

2 rights and civil liberties. 

3 ‘‘(9) Coordinate with the Privacy Officer ap4 pointed under section 222 to ensure that— 

5 ‘‘(A) policies, programs, initiatives, or ac6 tivities involving civil rights, civil liberties, or 

7 privacy considerations are addressed in an inte8 grated and comprehensive manner; and 

9 ‘‘(B) Congress receives appropriate reports 

10 regarding such policies, programs, initiatives, 

11 and activities. 

12 ‘‘(10) Lead the equal employment opportunity 

13 programs of the Department, including complaint 

14 management and adjudication, workforce diversity, 

15 and promotion of merit system principles. 

16 ‘‘(11) Make publicly available through acces17 sible communications channels, including the website 

18 of the Department, the following: 

19 ‘‘(A) Information on the responsibilities 

20 and functions of, and how to contact, the Of21 fice. 

22 ‘‘(B) Summaries of investigations carried 

23 out pursuant to paragraph (7) that result in 

24 recommendations. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 8103 IH

1 ‘‘(C) Summaries of assessments and re2 views carried out pursuant to paragraphs (4), 

3 (5), or (8), as the case may be. 

4 ‘‘(12) Engage with individuals, stakeholders, 

5 and communities the civil rights and civil liberties of 

6 which may be affected by the policies, programs, ini7 tiatives, or activities of the Department, including 

8 by— 

9 ‘‘(A) informing such individuals, stake10 holders, and communities concerning such poli11 cies, programs, initiatives, or activities, as the 

12 case may be; 

13 ‘‘(B) providing information regarding how 

14 to report and access redress processes; and 

15 ‘‘(C) providing Department leadership and 

16 other personnel within the Department feed17 back from such individuals, stakeholders, and 

18 communities regarding the civil rights and civil 

19 liberties impacts of such policies, programs, ini20 tiatives, or activities, and working with State, 

21 local, Tribal, and territorial homeland security 

22 partners to enhance the Department’s policy23 making and program implementation. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 8103 IH

1 ‘‘(13) Lead the Department’s language access 

2 work to ensure the Department engages effectively 

3 with individuals, stakeholders, and communities. 

4 ‘‘(14) Participate in the hiring or designation of 

5 a civil rights and civil liberties officer within each 

6 component and participate in the performance re7 view process for each such officer. 

8 ‘‘(c) AUTHORITY TO INVESTIGATE.— 

9 ‘‘(1) IN GENERAL.—For the purposes of para10 graph (7) of subsection (b), the Officer shall— 

11 ‘‘(A) have timely access to all materials 

12 and personnel necessary to carry out the func13 tions of the Office; 

14 ‘‘(B) issue such reports as are necessary or 

15 appropriate in accordance with subsection (g); 

16 ‘‘(C) conduct an investigation in such man17 ner as the Secretary directs; and 

18 ‘‘(D) administer to or take from any per19 son an oath, affirmation, or affidavit, whenever 

20 necessary to perform the responsibilities of the 

21 Officer. 

22 ‘‘(2) EFFECT OF OATHS.—Any oath, affirma23 tion, or affidavit administered or taken pursuant to 

24 subparagraph (D) of paragraph (1) by or before an 

25 employee of the Office designated for such purpose 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 8103 IH

1 by the Officer shall have the same force and effect 

2 as if administered or taken by or before an officer 

3 having a seal of office. 

4 ‘‘(d) NOTIFICATION REQUIREMENT.—In the case of 

5 a complaint made concerning allegations of an abuse of 

6 civil rights or civil liberties under paragraph (7) of sub7 section (b), the Officer shall— 

8 ‘‘(1) provide to the individual who made such 

9 complaint notice of the receipt of such complaint 

10 within 30 days of receiving such complaint; and 

11 ‘‘(2) inform the individual of the determination 

12 of the Office regarding— 

13 ‘‘(A) the initiation of a review, investiga14 tion, or assessment, as the case may be, by the 

15 Office; 

16 ‘‘(B) a referral to the Inspector General of 

17 the Department; or 

18 ‘‘(C) any other action taken. 

19 ‘‘(e) COORDINATION WITH INSPECTOR GENERAL.— 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) REFERRAL.—Before initiating an in22 vestigation initiated by the Officer pursuant to 

23 paragraph (7) of subsection (b), the Officer 

24 shall refer the matter at issue to the Inspector 

25 General of the Department. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 8103 IH

1 ‘‘(B) DETERMINATIONS AND NOTIFICA2 TIONS BY INSPECTOR GENERAL.—Not later 

3 than seven days after the receipt of a matter at 

4 issue under subparagraph (A), the Inspector 

5 General shall— 

6 ‘‘(i) determine whether the Inspector 

7 General intends to initiate an investigation 

8 of such matter; and 

9 ‘‘(ii) notify the Officer of such deter10 mination. 

11 ‘‘(C) INVESTIGATIONS.—The Secretary 

12 may authorize the Officer to conduct an inves13 tigation pursuant to paragraph (7) of sub14 section (b) if the Secretary determines that a 

15 complaint warrants both the Officer and the In16 spector General conducting investigations con17 currently or in some other manner. 

18 ‘‘(D) NOTIFICATION BY THE OFFICER.—If 

19 the Officer does not receive notification of a de20 termination pursuant to subparagraph (B)(ii), 

21 the Officer shall notify the Inspector General of 

22 whether the Officer intends to initiate an inves23 tigation into the matter at issue. 

24 ‘‘(f) RECOMMENDATIONS; RESPONSE.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 8103 IH

1 ‘‘(1) IN GENERAL.—In the case of an investiga2 tion initiated by the Officer pursuant to paragraph 

3 (7) of subsection (b), if such an investigation results 

4 in the issuance of recommendations, the Officer shall 

5 produce a report that— 

6 ‘‘(A) includes the final findings and rec7 ommendations of the Officer; 

8 ‘‘(B) is made publicly available in sum9 mary form; 

10 ‘‘(C) does not include any personally iden11 tifiable information; and 

12 ‘‘(D) may include a classified annex. 

13 ‘‘(2) TRANSMISSION.—The Officer shall trans14 mit to the Secretary and the head of the relevant 

15 component a copy of each report under paragraph 

16 (1). 

17 ‘‘(3) RESPONSE.— 

18 ‘‘(A) IN GENERAL.—Not later than 45 

19 days after the date on which the Officer trans20 mits to the head of a component a copy of a re21 port pursuant to paragraph (2), such head shall 

22 submit to the Secretary and the Officer a re23 sponse to such report. 

24 ‘‘(B) RULE OF CONSTRUCTION.—In the re25 sponse submitted pursuant to subparagraph 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 8103 IH

1 (A), each recommendation contained in the re2 port transmitted pursuant to paragraph (2) 

3 with which the head of the component at issue 

4 concurs shall be deemed an accepted rec5 ommendation of the Department. 

6 ‘‘(C) NONCONCURRENCE; APPEAL.—If the 

7 head of a component does not concur with a 

8 recommendation contained in the report trans9 mitted pursuant to paragraph (2), or if such 

10 head does not respond to a recommendation 

11 within 60 days in accordance with subpara12 graph (A), the Officer may appeal to the Sec13 retary. 

14 ‘‘(D) RESULT.—If the Officer appeals to 

15 the Secretary pursuant to subparagraph (C), 

16 the Secretary shall, not later than 60 days after 

17 the date on which the Officer appeals— 

18 ‘‘(i) accept the Officer’s recommenda19 tion, which recommendation shall be 

20 deemed the accepted recommendation of 

21 the Department; or 

22 ‘‘(ii) accept the nonconcurrence of the 

23 head of the component at issue if trans24 mitted in accordance with subparagraph 

25 (A). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 8103 IH

1 ‘‘(g) REPORTING.— 

2 ‘‘(1) IN GENERAL.—In the case of an investiga3 tion initiated by the Officer pursuant to paragraph 

4 (7) subsection (b), if such an investigation resulted 

5 in the issuance of recommendations, the Officer 

6 shall, on an annual basis, make publicly available 

7 through accessible communications channels, includ8 ing the website of the Department, the following: 

9 ‘‘(A) The accepted recommendations of the 

10 Department, if any. 

11 ‘‘(B) A summary of investigations that re12 sult in final recommendations that are issued 

13 by the Officer. 

14 ‘‘(2) PROHIBITION.—Materials made publicly 

15 available pursuant to paragraph (1) may not include 

16 any personally identifiable information related to any 

17 individual involved in the investigation at issue. 

18 ‘‘(h) COMPONENT CIVIL RIGHTS AND CIVIL LIB19 ERTIES OFFICERS.— 

20 ‘‘(1) IN GENERAL.—Any component that has an 

21 Officer for Civil Rights and Civil Liberties of such 

22 component shall ensure that such Officer for Civil 

23 Rights and Civil Liberties of such component shall 

24 coordinate with and provide information to the Offi25 cer for Civil Rights and Civil Liberties of the DeVerDate Sep 11 2014 23:10 May 13, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8103.IH H8103

kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 8103 IH

1 partment on matters related to civil rights or civil 

2 liberties within each such component. 

3 ‘‘(2) OFFICERS OF OPERATIONAL COMPO4 NENTS.—The head of each operational component, 

5 in consultation with the Officer for Civil Rights and 

6 Civil Liberties of the Department, shall hire or des7 ignate a career appointee (as such term is defined 

8 in section 3132 of title 5, United States Code) from 

9 such component as the Officer for Civil Rights and 

10 Civil Liberties of such operational component. 

11 ‘‘(3) RESPONSIBILITIES.—Each Officer for Civil 

12 Rights and Civil Liberties of each operational com13 ponent— 

14 ‘‘(A) shall have access in a timely manner 

15 to the information, materials, and information 

16 necessary to carry out the functions of such of17 ficer; 

18 ‘‘(B) shall be consulted in advance of new 

19 or proposed changes to component policies, pro20 grams, initiatives, or activities impacting civil 

21 rights or civil liberties; 

22 ‘‘(C) shall be given full and complete ac23 cess to all component materials and component 

24 personnel necessary to carry out the functions 

25 of such officer; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 8103 IH

1 ‘‘(D) may, to the extent the Officer for 

2 Civil Rights and Civil Liberties of the Depart3 ment determines necessary, and subject to the 

4 approval of the Secretary, administer to or take 

5 from any person an oath, affirmation, or affi6 davit, whenever necessary in the performance of 

7 the responsibilities of each such component Of8 ficer under this section; and 

9 ‘‘(E) may administer any oath, affirma10 tion, or affidavit, and such oath, affirmation, 

11 shall have the same force and effect as if ad12 ministered or taken by or before an officer hav13 ing a seal of office. 

14 ‘‘(i) ANNUAL REPORT.—Not later than June 30 of 

15 each year, the Officer shall submit to the Committee on 

16 Homeland Security of the House of Representatives, the 

17 Committee on Homeland Security and Governmental Af18 fairs of the Senate, and any other committee of the House 

19 of Representatives or the Senate, as the case may be, the 

20 Officer determines relevant, a report on the implementa21 tion of this section during the immediately preceding fiscal 

22 year. Each such annual report shall be prepared and sub23 mitted for supervisory review and appropriate comment or 

24 amendment by the Secretary prior to submission to such 

25 committees, and the Officer shall consider and incorporate 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 8103 IH

1 any comments or amendments as a result of such review. 

2 Each such report shall include, for the year covered by 

3 such report, the following: 

4 ‘‘(1) A list of Department regulations, policies, 

5 programs, initiatives, and activities for which civil 

6 rights or civil liberties assessments were conducted, 

7 or policy advice, recommendations, or other technical 

8 assistance was provided. 

9 ‘‘(2) An assessment of the efforts of the De10 partment to effectively communicate with individ11 uals, stakeholders, or communities impacted by poli12 cies, programs, initiatives, or activities of the De13 partment, including the individuals, stakeholders, 

14 and communities referred to in subsection (b)(13). 

15 ‘‘(3) A summary of recommendations issued 

16 pursuant to subsection (f) regarding investigations 

17 under paragraph (7) of subsection (b), together with 

18 information on the status of the implementation of 

19 such recommendations by the component at issue. 

20 ‘‘(4) Information on the diversity and equal em21 ployment opportunity activities of the Department, 

22 including information on complaint management and 

23 adjudication of equal employment opportunity com24 plaints, and efforts to ensure compliance throughout 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 8103 IH

1 the Department with equal employment opportunity 

2 requirements. 

3 ‘‘(5) A description of any efforts, including pub4 lic meetings, to engage with individuals, stake5 holders, and communities the civil rights and civil 

6 liberties of which may be affected by policies, pro7 grams, initiatives, or activities of the Department. 

8 ‘‘(6) Information regarding total staffing for 

9 the Office, including regarding the following: 

10 ‘‘(A) The number of full-time, part-time, 

11 and contract support personnel. 

12 ‘‘(B) Information on the number of em13 ployees whose primary responsibilities include 

14 supporting the Officer in carrying out para15 graph (10) of subsection (b). 

16 ‘‘(7) If required, a classified annex. 

17 ‘‘(j) DEFINITION.—In this section, the term ‘compo18 nent’ means any operational component, non-operational 

19 component, directorate, or office of the Department.’’. 

20 (b) REPORTING TO CONGRESS.—Section 

21 1062(f)(1)(A)(i) of the Intelligence Reform and Terrorism 

22 Prevention Act of 2004 (42 U.S.C. 2000ee–1(f)(1)(A)(i)) 

23 is amended by striking ‘‘the Committee on Oversight and 

24 Government Reform of the House of Representatives’’ and 

25 inserting ‘‘the Committee on Homeland Security of the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 8103 IH

1 House of Representatives, the Committee on Oversight 

2 and Accountability of the House of Representatives’’. 

3 (c) COMPTROLLER GENERAL REVIEW.—Not later 

4 than two years after the date of the enactment of this Act, 

5 the Comptroller General of the United States shall submit 

6 to Congress a report on the implementation of subsection 

7 (b)(12) of section 705 of the Homeland Security Act of 

8 2002 (6 U.S.C. 345), as amended by subsection (a). 

9 (d) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of the Homeland Security Act of 2002 is 

11 amended by amending the item relating to section 705 to 

12 read as follows: 

‘‘Sec. 705. Officer for Civil Rights and Civil Liberties.’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB