II 

Calendar No. 704 

108TH CONGRESS 

2D SESSION S. 2536 

[Report No. 108–350] 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2004 

Ms. COLLINS (for herself and Mr. WYDEN) introduced the following bill; which 

was read twice and referred to the Committee on Governmental Affairs. 

SEPTEMBER 20, 2004 

Reported by Ms. COLLINS, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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 

•S 2536 RS 

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 ‘‘Homeland Security 

5 Civil Rights and Civil Liberties Protection Act of 2004’’. 

6 SEC. 2. MISSION OF DEPARTMENT OF HOMELAND SECU7 RITY. 

8 Section 101(b)(1) of the Homeland Security Act of 

9 2002 (6 U.S.C. 111(b)(1)) is amended— 

10 (1) in subparagraph (F), by striking ‘‘and’’ 

11 after the semicolon; 

12 (2) by redesignating subparagraph (G) as sub13 paragraph (H); and 

14 (3) by inserting after subparagraph (F) the fol15 lowing: 

16 ‘‘(G) ensure that the civil rights and civil 

17 liberties of persons are not diminished by ef18 forts, activities, and programs aimed at secur19 ing the homeland; and’’. 

20 SEC. 3. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. 

21 Section 705(a) of the Homeland Security Act of 2002 

22 (6 U.S.C. 345(a)) is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 inserting ‘‘report directly to the Secretary and shall’’ 

25 after ‘‘who shall’’; 
3 

•S 2536 RS 

1 (2) in paragraph (1), by striking ‘‘and’’ at the 

2 end; 

3 (1) by amending the matter preceding paragraph 

4 (1) to read as follows: 

5 ‘‘(a) IN GENERAL.—The Officer for Civil Rights and 

6 Civil Liberties, who shall report directly to the Secretary, 

7 shall—’’; 

8 (2) by amending paragraph (1) to read as fol9 lows: 

10 ‘‘(1) review and assess information concerning 

11 abuses of civil rights, civil liberties, and profiling on 

12 the basis of race, ethnicity, or religion, by employees 

13 and officials of the Department;’’; 

14 (3) in paragraph (2), by striking the period at 

15 the end and inserting a semicolon; and 

16 (4) by adding at the end the following: 

17 ‘‘(3) assist the Secretary, directorates, and of18 fices of the Department to develop, implement, and 

19 periodically review Department policies and proce20 dures to ensure that the protection of civil rights 

21 and civil liberties is appropriately incorporated into 

22 Department programs and activities; 

23 ‘‘(4) oversee compliance with constitutional, 

24 statutory, regulatory, policy, and other requirements 

25 relating to the civil rights and civil liberties of indi-
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•S 2536 RS 

1 viduals affected by the programs and activities of 

2 the Department; 

3 ‘‘(5) coordinate with the Privacy Officer to en4 sure that— 

5 ‘‘(A) programs, policies, and procedures in6 volving civil rights, civil liberties, and privacy 

7 considerations are addressed in an integrated 

8 and comprehensive manner; and 

9 ‘‘(B) Congress receives appropriate reports 

10 regarding such programs, policies, and proce11 dures; and 

12 ‘‘(6) investigate complaints and information in13 dicating possible abuses of civil rights or civil lib14 erties, unless the Inspector General of the Depart15 ment determines that any such complaint or infor16 mation should be investigated by the Inspector Gen17 eral.’’. 

18 SEC. 4. PROTECTION OF CIVIL RIGHTS AND CIVIL LIB19 ERTIES BY OFFICE OF INSPECTOR GENERAL. 

20 Section 8I of the Inspector General Act of 1978 (5 

21 U.S.C. App.) is amended by adding at the end the fol22 lowing: 

23 ‘‘(f)(1) The Inspector General of the Department of 

24 Homeland Security shall designate a senior official within 

25 the Office of Inspector General, who shall be a career 
5 

•S 2536 RS 

1 member of the civil service at the equivalent to the GS– 

2 15 level or a career member of the Senior Executive Serv3 ice, to perform the functions described in paragraph (2). 

4 ‘‘(2) The senior official designated under paragraph 

5 (1) shall— 

6 ‘‘(A) coordinate the activities of the Office of 

7 Inspector General with respect to investigations of 

8 abuses of civil rights or civil liberties; 

9 ‘‘(B) receive and review complaints and infor10 mation from any source alleging abuses of civil 

11 rights and civil liberties by employees or officials of 

12 the Department and employees or officials of inde13 pendent contractors or grantees of the Department; 

14 ‘‘(C) initiate investigations of alleged abuses of 

15 civil rights or civil liberties by employees or officials 

16 of the Department and employees or officials of 

17 independent contractors or grantees of the Depart18 ment; 

19 ‘‘(D) ensure that personnel within the Office of 

20 Inspector General receive sufficient training to con21 duct effective civil rights and civil liberties investiga22 tions; 

23 ‘‘(E) consult with the Officer for Civil Rights 

24 and Civil Liberties regarding— 
6 

•S 2536 RS 

1 ‘‘(i) alleged abuses of civil rights or civil 

2 liberties; and 

3 ‘‘(ii) any policy recommendations regarding 

4 civil rights and civil liberties that may be found5 ed upon an investigation by the Office of In6 spector General; 

7 ‘‘(F) provide the Officer for Civil Rights and 

8 Civil Liberties with information regarding the out9 come of investigations of alleged abuses of civil 

10 rights and civil liberties; 

11 ‘‘(G) refer civil rights and civil liberties matters 

12 that the Inspector General decides not to investigate 

13 to the Officer for Civil Rights and Civil Liberties; 

14 ‘‘(H) ensure that the Office of the Inspector 

15 General publicizes and provides convenient public ac16 cess to information regarding— 

17 ‘‘(i) the procedure to file complaints or 

18 comments concerning civil rights and civil lib19 erties matters; and 

20 ‘‘(ii) the status of investigations initiated 

21 in response to public complaints; and 

22 ‘‘(I) inform the Officer for Civil Rights and 

23 Civil Liberties of any weaknesses, problems, and de24 ficiencies within the Department relating to civil 

25 rights or civil liberties.’’. 
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•S 2536 RS 

1 SEC. 5. PRIVACY OFFICER. 

2 Section 222 of the Homeland Security Act of 2002 

3 (6 U.S.C. 142) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 inserting ‘‘, who shall report directly to the Sec6 retary,’’ after ‘‘in the Department’’; 

7 (2) in paragraph (4), by striking ‘‘and’’ at the 

8 end; 

9 (3) by redesignating paragraph (5) as para10 graph (6); and 

11 (4) by inserting after paragraph (4) the fol12 lowing: 

13 ‘‘(5) coordinating with the Officer for Civil 

14 Rights and Civil Liberties to ensure that— 

15 ‘‘(A) programs, policies, and procedures in16 volving civil rights, civil liberties, and privacy 

17 considerations are addressed in an integrated 

18 and comprehensive manner; and 

19 ‘‘(B) Congress receives appropriate reports 

20 on such programs, policies, and procedures; 

21 and’’. 
Calendar No. 704 

108TH CONGRESS 

2D SESSION S. 2536 

[Report No. 108–350] 

A BILL 

To enumerate the responsibilities of the Officer for 

poses. tigate civil rights complaints, and for other purSecurity to designate a senior official to invesspector General of the Department of Homeland ment of Homeland Security, to require the InCivil Rights and Civil Liberties of the DepartSEPTEMBER 20, 2004 

Reported with an amendment