IIB 
116TH CONGRESS 
1ST SESSION H. R. 4713 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 10, 2019 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
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, 
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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’’. 
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. 
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‘‘(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 
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 
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and civil liberties, as the Officer determines nec-
essary. 
‘‘(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. 
‘‘(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-
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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). 
‘‘(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 
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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.— 
‘‘(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— 
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‘‘(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 
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 
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‘‘(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 
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, a referral to the Inspector General 
of the Department, or any other action taken. 
‘‘(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— 
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‘‘(A) shall include the findings and rec-
ommendations of the Officer; 
‘‘(B) a summary of which shall be made 
publicly available; 
‘‘(C) shall not include any personally iden-
tifiable information related to any individual in-
volved in such investigation; and 
‘‘(D) may include a classified appendix, as 
the Officer determines appropriate. 
‘‘(3) SUBMITTAL TO HEADS OF OPERATIONAL 
COMPONENTS.—The Officer shall transmit a copy of 
each report produced under paragraph (2) to the 
Secretary and to the relevant head of each relevant 
operational component of the Department. 
‘‘(4) REPORTS TO CONGRESS.—Upon the con-
clusion of any investigation conducted by the Officer 
for Civil Rights and Civil Liberties under paragraph 
(6) or (7) of subsection (b), the Officer shall submit 
to Congress a report on the investigation, which 
shall be prepared and submitted without any prior 
comment or amendment by the Secretary, Deputy 
Secretary, or any other officer or employee of the 
Department, unless the Officer seeks such comment. 
‘‘(e) COMPONENT CIVIL RIGHTS
AND CIVIL LIB-
ERTIES OFFICER.—The head of each of the operational 
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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 coordinate with and provide infor-
mation to the Officer for Civil Rights and Civil Liberties 
of the Department on matters related to civil rights and 
civil liberties within the components. 
‘‘(f) ACCESS TO INFORMATION.—The Officer for Civil 
Rights and Civil Liberties of the Department— 
‘‘(1) shall have access to all records, reports, 
audits, reviews, documents, papers, recommenda-
tions, and other materials available to the Depart-
ment that relate to programs and operations with 
respect to the responsibilities of the Officer under 
subsection (b); and 
‘‘(2) may, to the extent the Officer determines 
necessary, and subject to the approval of the Sec-
retary— 
‘‘(A) issue a subpoena to require the pro-
duction, by any person other than a Federal 
agency, of all information, documents, reports, 
answers, records, accounts, papers, and other 
documentary evidence necessary in the perform-
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ance of the responsibilities of the Officer under 
this section; and 
‘‘(B) administer to or take from any per-
son an oath, affirmation, or affidavit, whenever 
necessary in the performance of the responsibil-
ities of the Officer under this section. 
‘‘(g) 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, a report on the implementation 
of this section during the year preceding the year during 
which the report is submitted. Each such report shall in-
clude, 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 
assessments were conducted, or policy advice, rec-
ommendations, or other technical assistance was 
provided; 
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‘‘(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 
‘‘(B) information on the number of em-
ployees whose primary responsibilities include 
supporting the Officer in carrying out para-
graph (9) of subsection (b).’’. 
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(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 LIB-
ERTIES.’’. 
SEC. 3. COMPTROLLER GENERAL REVIEW. 
Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to Congress a report on subsection 
(b)(11) of section 705 of the Homeland Security Act of 
2002 (6 U.S.C. 345), as amended by section 2. 
Passed the House of Representatives December 9, 
2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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