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 into 
all programs and activities of the Department. 
‘‘(3) Conduct civil rights and civil liberties im-
pact assessments, as appropriate. 
‘‘(4) Conduct periodic reviews of policies and 
activities of the Department. 
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‘‘(5) Provide policy advice, recommendations, 
and other technical assistance to the Secretary and 
to heads of components, directorates, and offices and 
other personnel 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, unless the Inspector General 
of the Department determines that any such com-
plaint or information should be investigated by the 
Inspector General. 
‘‘(7) Initiate reviews, assessments, and inves-
tigations of the administration of the programs and 
activities by the Department, as the Officer deter-
mines necessary. 
‘‘(8) Coordinate with the Privacy Officer to en-
sure that— 
‘‘(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. 
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‘‘(9) Lead the equal employment opportunity 
programs of the Department, including complaint 
management and adjudication, and promote work-
force diversity and 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 Offi-
cer; and 
‘‘(B) reports that are issued by the Officer 
upon completion of investigations carried out 
pursuant to paragraph (6) or (7). 
‘‘(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 redress processes and advising the Sec-
retary and heads of components, directorates, of-
fices, and other personnel within the Department of 
any concerns raised by such individuals and commu-
nities. 
‘‘(c) TRANSPARENCY.— 
‘‘(1) COMPLAINTS.—In the case of a complaint 
made concerning allegations of abuses of civil rights 
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and civil liberties under paragraph (6) of subsection 
(b), the Officer for Civil Rights and Civil Liberties 
shall— 
‘‘(A) provide to the individual who made 
the complaint notice of the receipt of such com-
plaint within 30 days of receiving the com-
plaint; and 
‘‘(B) inform the complainant of the deter-
mination of the Officer regarding the initiation 
of a review, assessment, or investigation within 
the Office or a referral to the Inspector General 
of the Department. 
‘‘(2) INVESTIGATIONS.—In the case of an inves-
tigation initiated by the Officer pursuant to para-
graph (6) or (7) of subsection (b), upon the conclu-
sion of the investigation, the Officer shall produce a 
report on the investigation which— 
‘‘(A) shall include the findings and rec-
ommendations of the Officer; 
‘‘(B) shall be made publicly available; and 
‘‘(C) may include a classified appendix, as 
the Officer determines appropriate. 
‘‘(3) SUBMITTAL TO HEADS OF OPERATIONAL 
COMPOENENTS.—The Officer shall transmit a copy 
of each report produced under paragraph (2) to the 
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Secretary and to the relevant head of each relevant 
operational component of the Department. 
‘‘(d) COMPONENT CIVIL RIGHTS AND CIVIL LIB-
ERTIES OFFICER.—The head of each of the operational 
components of the Department shall designate a career 
appointee (as such term is defined in section 3132 of title 
5, United States Code) from such component as the Offi-
cer for Civil Rights and Civil Liberties of that component. 
The Officer for Civil Rights and Civil Liberties of each 
such component shall report to the Officer for Civil Rights 
and Civil Liberties of the Department. 
‘‘(e) ACCESS
TO INFORMATION.—The Officer for 
Civil Rights and Civil Liberties of the Department shall— 
‘‘(1) have access to all records, reports, audits, 
reviews, documents, papers, recommendations, and 
other materials available to the Department that re-
late to programs and operations with respect to the 
responsibilities of the Officer under subsection (b); 
‘‘(2) subject to the approval of the Secretary, 
may, to the extent the Officer determines necessary, 
issue a subpoena to require the production, by any 
person other than a Federal agency, of all informa-
tion, documents, reports, answers, records, accounts, 
papers, and other data or documentary evidence nec-
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essary to the performance of the responsibilities of 
the Officer under this section; and 
‘‘(3) administer to or take from any person an 
oath, affirmation, or affidavit whenever necessary in 
the performance of the responsibilities of the Officer 
under this section. 
‘‘(f) ANNUAL REPORT.—Not later than March 31 of 
each year, the Officer for Civil Rights and Civil Liberties 
of the Department shall submit directly to the President, 
the President of the Senate, the Speaker of the House of 
Representatives, and the appropriate committees and sub-
committees of Congress, without any prior comment or 
amendment by the Secretary, Deputy Secretary, or any 
other officer or employee of the Department, a report on 
the implementation of this section during the year pre-
ceding the year during which the report is submitted. 
Each such report shall include, for the year covered by 
the report— 
‘‘(1) any allegations of abuse described under 
subsection (b)(6) and any actions by the Depart-
ment or a component, directorate, or office of the 
Department that the Officer identifies as responsive 
to such allegations; 
‘‘(2) a list of Department programs and activi-
ties for which civil rights and civil liberties impact 
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assessments were conducted, or policy advice, rec-
ommendations, or other technical assistance was 
provided; 
‘‘(3) any recommendations issued by the Officer 
to the Secretary or the head of a component, direc-
torate, or office, together with information on the 
status of the implementation of such recommenda-
tions; 
‘‘(4) information on the diversity and equal em-
ployment opportunity activities of the Department, 
including information on complaint management and 
adjudication of equal employment opportunity com-
plaints and efforts to ensure compliance throughout 
the Department with equal employment opportunity 
requirements; 
‘‘(5) a description of any efforts to engage with 
individuals and communities whose civil rights and 
civil liberties may be affected by activities carried 
out by the Department, including public meetings; 
and 
‘‘(6) information on total staffing for the Office 
of Civil Rights and Civil Liberties, including— 
‘‘(A) the number of full-time, part-time 
and contract support personnel; and 
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‘‘(B) information on the number of em-
ployees whose primary responsibilities include 
supporting the Officer in carrying out para-
graph (9) of subsection (b).’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 705 in section 1(b) of the Homeland Security Act 
of 2002 is amended to read as follows: 
‘‘Sec. 705. Officer for civil rights and civil liberties.’’. 
Æ 
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