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. GOLD-
MAN of New York, Ms. CLARKE of New York, Mr. IVEY, and Mr. 
THANEDAR) introduced the following bill; which was referred to the Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Home-
land Security Office for Civil Rights and Civil Liberties 
Authorization Act’’. 
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SEC. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. 
(a) IN GENERAL.—Section 705 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 345) is amended— 
(1) in the section heading, by striking ‘‘ESTAB-
LISHMENT OF’’; and 
(2) by striking subsections (a) and (b) and in-
serting the following new subsections: 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established within 
the Department an Office for Civil Rights and Civil 
Liberties (referred to in this section as the ‘Office’). 
The head of the Office is the Officer for Civil Rights 
and Civil Liberties (referred to in this section as the 
‘Officer’), who shall report directly to the Secretary. 
‘‘(2) DUTIES.—The Secretary and the head of 
each component shall— 
‘‘(A) ensure that the Officer for Civil 
Rights and Civil Liberties of the Department 
and the Officer for Civil Rights and Civil Lib-
erties of such component— 
‘‘(i) have the information, materials, 
and resources necessary to carry out the 
functions of the Office; 
‘‘(ii) are consulted in advance of new 
or proposed changes to policies, programs, 
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initiatives, or activities impacting civil 
rights or civil liberties; and 
‘‘(iii) are given full and complete ac-
cess to all materials and personnel nec-
essary to carry out the functions of the Of-
fice; and 
‘‘(B) consider advice and recommendations 
from the Officer for Civil Rights and Civil Lib-
erties of the Department in the development 
and implementation of policies, programs, ini-
tiatives, and activities impacting civil rights or 
civil liberties. 
‘‘(b) RESPONSIBILITIES.—The Officer shall carry out 
the following responsibilities: 
‘‘(1) Oversee compliance with constitutional, 
statutory, regulatory, policy, and other requirements 
relating to the civil rights or civil liberties of individ-
uals affected by the policies, programs, initiatives, or 
activities of the Department. 
‘‘(2) Review and assess information concerning 
abuses of civil rights or civil liberties, and profiling 
on the basis of race, ethnicity, national origin, reli-
gion, sex, sexual orientation, gender identity, dis-
ability, or other characteristics, by employees or offi-
cials of the Department. 
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‘‘(3) Integrate civil rights and civil liberties pro-
tections into all policies, programs, initiatives, and 
activities of the Department. 
‘‘(4) Conduct civil rights and civil liberties as-
sessments, as appropriate, prior to the implementa-
tion of new Department regulations, policies, pro-
grams, initiatives, or activities. 
‘‘(5) Conduct periodic reviews and assessments 
of policies, programs, initiatives, and activities of the 
Department relating to civil rights and civil liberties, 
including reviews and assessments. 
‘‘(6) Provide to the Secretary, the heads of 
components, and other personnel within the Depart-
ment policy advice, recommendations, and other 
technical assistance relating to civil rights and civil 
liberties. 
‘‘(7) Investigate complaints and information in-
dicating possible abuses of civil rights or civil lib-
erties by employees or officials of the Department, 
unless the Inspector General of the Department de-
termines that any such complaint should be inves-
tigated by the Inspector General. 
‘‘(8) Initiate reviews and assessments of the ad-
ministration of the policies, programs, initiatives, 
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and activities of the Department relating to civil 
rights and civil liberties. 
‘‘(9) Coordinate with the Privacy Officer ap-
pointed under section 222 to ensure that— 
‘‘(A) policies, programs, initiatives, or ac-
tivities involving civil rights, civil liberties, or 
privacy considerations are addressed in an inte-
grated and comprehensive manner; and 
‘‘(B) Congress receives appropriate reports 
regarding such policies, programs, initiatives, 
and activities. 
‘‘(10) Lead the equal employment opportunity 
programs of the Department, including complaint 
management and adjudication, workforce diversity, 
and promotion of merit system principles. 
‘‘(11) Make publicly available through acces-
sible communications channels, including the website 
of the Department, the following: 
‘‘(A) Information on the responsibilities 
and functions of, and how to contact, the Of-
fice. 
‘‘(B) Summaries of investigations carried 
out pursuant to paragraph (7) that result in 
recommendations. 
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‘‘(13) Lead the Department’s language access 
work to ensure the Department engages effectively 
with individuals, stakeholders, and communities. 
‘‘(14) Participate in the hiring or designation of 
a civil rights and civil liberties officer within each 
component and participate in the performance re-
view process for each such officer. 
‘‘(c) AUTHORITY TO INVESTIGATE.— 
‘‘(1) IN GENERAL.—For the purposes of para-
graph (7) of subsection (b), the Officer shall— 
‘‘(A) have timely access to all materials 
and personnel necessary to carry out the func-
tions of the Office; 
‘‘(B) issue such reports as are necessary or 
appropriate in accordance with subsection (g); 
‘‘(C) conduct an investigation in such man-
ner as the Secretary directs; and 
‘‘(D) administer to or take from any per-
son an oath, affirmation, or affidavit, whenever 
necessary to perform the responsibilities of the 
Officer. 
‘‘(2) EFFECT OF OATHS.—Any oath, affirma-
tion, or affidavit administered or taken pursuant to 
subparagraph (D) of paragraph (1) by or before an 
employee of the Office designated for such purpose 
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by the Officer shall have the same force and effect 
as if administered or taken by or before an officer 
having a seal of office. 
‘‘(d) NOTIFICATION REQUIREMENT.—In the case of 
a complaint made concerning allegations of an abuse of 
civil rights or civil liberties under paragraph (7) of sub-
section (b), the Officer shall— 
‘‘(1) provide to the individual who made such 
complaint notice of the receipt of such complaint 
within 30 days of receiving such complaint; and 
‘‘(2) inform the individual of the determination 
of the Office regarding— 
‘‘(A) the initiation of a review, investiga-
tion, or assessment, as the case may be, by the 
Office; 
‘‘(B) a referral to the Inspector General of 
the Department; or 
‘‘(C) any other action taken. 
‘‘(e) COORDINATION WITH INSPECTOR GENERAL.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REFERRAL.—Before initiating an in-
vestigation initiated by the Officer pursuant to 
paragraph (7) of subsection (b), the Officer 
shall refer the matter at issue to the Inspector 
General of the Department. 
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‘‘(B) DETERMINATIONS
AND
NOTIFICA-
TIONS
BY
INSPECTOR
GENERAL.—Not later 
than seven days after the receipt of a matter at 
issue under subparagraph (A), the Inspector 
General shall— 
‘‘(i) determine whether the Inspector 
General intends to initiate an investigation 
of such matter; and 
‘‘(ii) notify the Officer of such deter-
mination. 
‘‘(C) 
INVESTIGATIONS.—The 
Secretary 
may authorize the Officer to conduct an inves-
tigation pursuant to paragraph (7) of sub-
section (b) if the Secretary determines that a 
complaint warrants both the Officer and the In-
spector General conducting investigations con-
currently or in some other manner. 
‘‘(D) NOTIFICATION BY THE OFFICER.—If 
the Officer does not receive notification of a de-
termination pursuant to subparagraph (B)(ii), 
the Officer shall notify the Inspector General of 
whether the Officer intends to initiate an inves-
tigation into the matter at issue. 
‘‘(f) RECOMMENDATIONS; RESPONSE.— 
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‘‘(1) IN GENERAL.—In the case of an investiga-
tion initiated by the Officer pursuant to paragraph 
(7) of subsection (b), if such an investigation results 
in the issuance of recommendations, the Officer shall 
produce a report that— 
‘‘(A) includes the final findings and rec-
ommendations of the Officer; 
‘‘(B) is made publicly available in sum-
mary form; 
‘‘(C) does not include any personally iden-
tifiable information; and 
‘‘(D) may include a classified annex. 
‘‘(2) TRANSMISSION.—The Officer shall trans-
mit to the Secretary and the head of the relevant 
component a copy of each report under paragraph 
(1). 
‘‘(3) RESPONSE.— 
‘‘(A) IN
GENERAL.—Not later than 45 
days after the date on which the Officer trans-
mits to the head of a component a copy of a re-
port pursuant to paragraph (2), such head shall 
submit to the Secretary and the Officer a re-
sponse to such report. 
‘‘(B) RULE OF CONSTRUCTION.—In the re-
sponse submitted pursuant to subparagraph 
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(A), each recommendation contained in the re-
port transmitted pursuant to paragraph (2) 
with which the head of the component at issue 
concurs shall be deemed an accepted rec-
ommendation of the Department. 
‘‘(C) NONCONCURRENCE; APPEAL.—If the 
head of a component does not concur with a 
recommendation contained in the report trans-
mitted pursuant to paragraph (2), or if such 
head does not respond to a recommendation 
within 60 days in accordance with subpara-
graph (A), the Officer may appeal to the Sec-
retary. 
‘‘(D) RESULT.—If the Officer appeals to 
the Secretary pursuant to subparagraph (C), 
the Secretary shall, not later than 60 days after 
the date on which the Officer appeals— 
‘‘(i) accept the Officer’s recommenda-
tion, 
which 
recommendation 
shall 
be 
deemed the accepted recommendation of 
the Department; or 
‘‘(ii) accept the nonconcurrence of the 
head of the component at issue if trans-
mitted in accordance with subparagraph 
(A). 
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‘‘(g) REPORTING.— 
‘‘(1) IN GENERAL.—In the case of an investiga-
tion initiated by the Officer pursuant to paragraph 
(7) subsection (b), if such an investigation resulted 
in the issuance of recommendations, the Officer 
shall, on an annual basis, make publicly available 
through accessible communications channels, includ-
ing the website of the Department, the following: 
‘‘(A) The accepted recommendations of the 
Department, if any. 
‘‘(B) A summary of investigations that re-
sult in final recommendations that are issued 
by the Officer. 
‘‘(2) PROHIBITION.—Materials made publicly 
available pursuant to paragraph (1) may not include 
any personally identifiable information related to any 
individual involved in the investigation at issue. 
‘‘(h) COMPONENT CIVIL RIGHTS AND CIVIL LIB-
ERTIES OFFICERS.— 
‘‘(1) IN GENERAL.—Any component that has an 
Officer for Civil Rights and Civil Liberties of such 
component shall ensure that such Officer for Civil 
Rights and Civil Liberties of such component shall 
coordinate with and provide information to the Offi-
cer for Civil Rights and Civil Liberties of the De-
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