I 

108TH CONGRESS 

2D SESSION H. R. 5182

To amend the Homeland Security Act of 2002 to clarify the mission and 

responsibilities of the Department of Homeland Security with respect 

to the protection of civil rights and civil liberties, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2004

Mr. THOMPSON of Mississippi (for himself, Mr. TURNER of Texas, Mrs. 

CHRISTENSEN, Ms. MCCARTHY of Missouri, Ms. JACKSON-LEE of Texas, 

Ms. NORTON, and Mr. MEEK of Florida) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Select Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend the Homeland Security Act of 2002 to clarify 

the mission and responsibilities of the Department of 

Homeland Security with respect to the protection of civil 

rights and civil liberties, 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 ‘‘Homeland Security 

5 Civil Rights and Civil Liberties Protection Act of 2004’’. 
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1 SEC. 2. MISSION OF DEPARTMENT OF HOMELAND SECU2 RITY. 

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

4 2002 (6 U.S.C. 111(b)(1)) is amended—

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

6 after the semicolon; 

7 (2) by redesignating subparagraph (G) as sub8 paragraph (H); and 

9 (3) by inserting after subparagraph (F) the fol10 lowing: 

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

12 liberties of persons are not diminished by ef13 forts, activities, and programs aimed at secur14 ing the homeland; and’’. 

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

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

17 (6 U.S.C. 345(a)) is amended—

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

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

20 after ‘‘who shall’’; 

21 (2) in paragraph (1)–

22 (A) by striking ‘‘alleging’’ and inserting 

23 ‘‘concerning’’; 

24 (B) by striking ‘‘racial and ethnic’’; 

25 (C) by inserting ‘‘on the basis of race, eth26 nicity, or religion,’’ after ‘‘profiling’’; and 
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1 (D) by striking ‘‘and’’ after the semicolon 

2 at the end; 

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

4 the end and inserting a semicolon; and 

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

6 ‘‘(3) assist the Secretary, directorates, and of7 fices of the Department to develop, implement, and 

8 periodically review Department policies and proce9 dures to ensure that the protection of civil rights 

10 and civil liberties is appropriately incorporated into 

11 Department programs and activities; 

12 ‘‘(4) oversee compliance with constitutional, 

13 statutory, regulatory, policy, and other requirements 

14 relating to the civil rights and civil liberties of indi15 viduals affected by the programs and activities of 

16 the Department; 

17 ‘‘(5) coordinate with the official appointed 

18 under section 222 to ensure that—

19 ‘‘(A) programs, policies, and procedures in20 volving civil rights, civil liberties, and privacy 

21 considerations are addressed in an integrated 

22 and comprehensive manner; and 

23 ‘‘(B) the Congress receives appropriate re24 ports regarding such programs, policies, and 

25 procedures; and 
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1 ‘‘(6) investigate complaints and information in2 dicating possible abuses of civil rights or civil lib3 erties, unless the Inspector General of the Depart4 ment determines that any such complaint or infor5 mation should be investigated by the Inspector Gen6 eral.’’. 

7 SEC. 4. PROTECTION OF CIVIL RIGHTS AND CIVIL LIB8 ERTIES BY OFFICE OF INSPECTOR GENERAL. 

9 (a) DESIGNATION AND FUNCTIONS OF SENIOR OFFI10 CIAL.—The Homeland Security Act of 2002 (Public Law 

11 107–296) is amended by inserting after section 812 the 

12 following: 

13 ‘‘SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIB14 ERTIES BY OFFICE OF INSPECTOR GENERAL. 

15 ‘‘(a) DESIGNATION OF SENIOR OFFICIAL.—The In16 spector General of the Department of Homeland Security 

17 shall designate a senior official within the Office of Inspec18 tor General who is a career member of the civil service 

19 at the equivalent to the GS–15 level or a career member 

20 of the Senior Executive Service, to perform the functions 

21 described in subsection (b). 

22 ‘‘(b) FUNCTIONS.—The senior official designated 

23 under subsection (a) shall–—
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1 ‘‘(1) coordinate the activities of the Office of 

2 Inspector General with respect to investigations of 

3 abuses of civil rights or civil liberties; 

4 ‘‘(2) receive and review complaints and infor5 mation from any source alleging abuses of civil 

6 rights and civil liberties by employees or officials of 

7 the Department of Homeland Security or by employ8 ees or officials of independent contractors or grant9 ees of the Department; 

10 ‘‘(3) initiate investigations of alleged abuses of 

11 civil rights or civil liberties by employees or officials 

12 of the Department of Homeland Security or by em13 ployees or officials of independent contractors or 

14 grantees of the Department; 

15 ‘‘(4) ensure that personnel within the Office of 

16 Inspector General receive sufficient training to con17 duct effective civil rights and civil liberties investiga18 tions; 

19 ‘‘(5) consult with the Officer for Civil Rights 

20 and Civil Liberties of the Department of Homeland 

21 Security regarding—

22 ‘‘(A) alleged abuses of civil rights or civil 

23 liberties; and 

24 ‘‘(B) any policy recommendations regard25 ing civil rights and civil liberties that may be 
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1 founded upon an investigation by the Office of 

2 Inspector General; 

3 ‘‘(6) provide the Officer for Civil Rights and 

4 Civil Liberties with information regarding the out5 come of investigations of alleged abuses of civil 

6 rights and civil liberties; 

7 ‘‘(7) refer civil rights and civil liberties matters 

8 that the Inspector General decides not to investigate 

9 to the Officer for Civil Rights and Civil Liberties; 

10 ‘‘(8) ensure that the Office of the Inspector 

11 General publicizes and provides convenient public ac12 cess to information regarding—

13 ‘‘(A) the procedure to file complaints or 

14 comments concerning civil rights and civil lib15 erties matters; and 

16 ‘‘(B) the status of investigations initiated 

17 in response to public complaints; and 

18 ‘‘(9) inform the Officer for Civil Rights and 

19 Civil Liberties of any weaknesses, problems, and de20 ficiencies within the Department relating to civil 

21 rights or civil liberties.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 in section 1(b) of such Act is amended by inserting after 

24 the item relating to section 812 the following:

‘‘Sec. 813. Protection of civil rights and civil liberties by Office of Inspector 

General.’’.
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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’’ after 

8 the semicolon at the 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) the Congress receives appropriate re20 ports on such programs, policies, and proce21 dures; and’’.

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