II 
Calendar No. 574 
116TH CONGRESS 
2D SESSION 
H. R. 4713 
[Report No. 116–280] 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 10, 2019 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
OCTOBER 19, 2020 
Reported by Mr. JOHNSON, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
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 of Civil Rights and Civil Liberties Au-
thorization 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) IN GENERAL.—There is established within the 
Department an Office for Civil Rights and Civil Liberties. 
The head of such Office is the Officer for Civil Rights 
and Civil Liberties, who shall report directly to the Sec-
retary. 
‘‘(b)
RESPONSIBILITIES.—The
Officer
for
Civil 
Rights and Civil Liberties shall carry out the following re-
sponsibilities: 
‘‘(1) Oversee compliance with constitutional, 
statutory, regulatory, policy, and other requirements 
relating to the civil rights and civil liberties of indi-
viduals affected by the programs and activities of 
the Department. 
‘‘(2) Integrate civil rights and civil liberties pro-
tections into all programs and activities of the De-
partment. 
‘‘(3) Conduct civil rights and civil liberties im-
pact assessments, as appropriate, including prior to 
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the implementation of new Department regulations, 
initiatives, programs, or policies. 
‘‘(4) Conduct periodic reviews of policies, proce-
dures, and activities of the Department relating to 
civil rights and civil liberties. 
‘‘(5) Provide policy advice, recommendations, 
and other technical assistance relating to civil rights 
and civil liberties to the Secretary and to heads of 
components, directorates, and offices and other per-
sonnel within the Department. 
‘‘(6) Review, assess, and investigate complaints, 
including complaints filed by members of the public, 
and information indicating possible abuses of civil 
rights or civil liberties at the Department, unless the 
Inspector General of the Department determines 
that any such complaint should be investigated by 
the Inspector General. 
‘‘(7) Initiate reviews, investigations, and assess-
ments of the administration of the programs and ac-
tivities by the Department relating to civil rights 
and civil liberties, as the Officer determines nec-
essary. 
‘‘(8) Coordinate with the Privacy Officer to en-
sure that— 
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‘‘(A) programs, policies, and procedures in-
volving 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 proce-
dures. 
‘‘(9) Lead the equal employment opportunity 
programs of the Department, including complaint 
management and adjudication, workforce diversity, 
and promotion of the merit system principles. 
‘‘(10) Make publicly available through acces-
sible communications channels, including the website 
of the Department— 
‘‘(A) information on the responsibilities 
and functions of, and how to contact, the Of-
fice; 
‘‘(B) summary of reports of investigations 
that result in final recommendations that are 
issued by the Officer upon completion of inves-
tigations carried out pursuant to paragraph (6); 
and 
‘‘(C)
summaries
of
impact
assessments 
issued by the Officer and carried out pursuant 
to paragraph (3) or (7). 
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‘‘(11) Engage with individuals and communities 
whose civil rights and civil liberties may be affected 
by programs and activities of the Department, in-
cluding by informing such individuals and commu-
nities about report and redress processes and advis-
ing the Secretary and heads of components, direc-
torates, offices, and other personnel within the De-
partment of concerns raised by such individuals and 
communities. 
‘‘(c) COORDINATION WITH INSPECTOR GENERAL.— 
‘‘(1) AUTHORITY
TO
INVESTIGATE
POSSIBLE 
ABUSES.—The Officer for Civil Rights and Civil Lib-
erties may investigate any matter referred to in 
paragraph (6) or (7) of subsection (b) after fulfilling 
the coordination requirements under paragraph (2) 
with respect to such matter. 
‘‘(2) COORDINATION REQUIREMENTS.— 
‘‘(A) REFERRAL OF MATTERS TO INSPEC-
TOR GENERAL.—Before initiating any investiga-
tion described under paragraph (1), the Officer 
for Civil Rights and Civil Liberties shall refer 
the matter and all related complaints to the In-
spector General of the Department. 
‘‘(B) INSPECTOR GENERAL RESPONSIBIL-
ITIES.— 
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‘‘(i) DETERMINATION AND NOTIFICA-
TION.—Not later than 5 business days 
after the receipt of a matter referred under 
subparagraph (A), the Inspector General 
shall— 
‘‘(I) make a determination re-
garding whether the Inspector Gen-
eral intends to initiate an audit or in-
vestigation
of
the
matter
referred 
under subparagraph (A); and 
‘‘(II) notify the Officer of such 
determination. 
‘‘(ii) AUDITS AND INVESTIGATIONS.— 
If the Inspector General notifies the Offi-
cer for Civil Rights and Civil Liberties that 
the Inspector General intends to initiate an 
audit or investigation, the Inspector Gen-
eral shall— 
‘‘(I) initiate such audit or inves-
tigate by not later than 90 days after 
providing such notification; or 
‘‘(II) not later than 3 days after 
the end of the 90-day period specified 
in subclause (I), notify the Officer 
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that such audit or investigation was 
not initiated. 
‘‘(C) PROVISION OF ASSISTANCE.—At the 
request of the Inspector General, the Officer for 
Civil Rights and Civil Liberties may provide as-
sistance to the Inspector General on any inves-
tigation or audit initiated by the Inspector Gen-
eral based on a referral under subparagraph 
(A). 
‘‘(D) INVESTIGATION
BY
OFFICER.—The 
Officer for Civil Rights and Civil Liberties may 
investigate a matter referred to the Inspector 
General under subparagraph (A) only if— 
‘‘(i) the Inspector General notifies the 
Officer for Civil Rights and Civil Liberties 
that the Inspector General does not intend 
to initiate an audit or investigation relat-
ing to that matter; or 
‘‘(ii) the Inspector General provides 
notification under subparagraph (B)(ii)(II) 
that an audit or investigation was not initi-
ated. 
‘‘(d) TRANSPARENCY.— 
‘‘(1) COMPLAINTS.—In the case of a complaint 
made concerning allegations of abuses of civil rights 
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