,,ib ,union ,calendar ,no4 #bdb #aafth ,,congress #ast ,session ,h4 ,r4 #dgac ,report ,no4 #aaf-cjj ,,in ,,the ,,house ,,of ,,representatives ,october #ag1 #bjai ,mr4 ,green of ,texas 7for himself and ,mr4 ,thompson of ,mississippi7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security ,november #ai1 #bjai ,additional sponsor3 ,mr4 ,taylor ,november #ai1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,october #ag1 #bjai ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to make certain improvements in the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,department of ,homeland ,security ,office of ,civil ,rights and ,civil ,liberties ,authorization ,act4 #b4 ,officer for ,civil ,rights and ,civil ,liberties 7a7 ,in general ,section #gje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cde7 is amended-- 7#a7 in the section heading1 by striking ,establishment of2 and 7#b7 by striking subsections 7a7 and 7b7 and inserting the following new subsections3 7a7 ,in general ,there is established within the ,department an ,office for ,civil ,rights and ,civil ,liberties4 ,the head of such ,office is the ,officer for ,civil ,rights and ,civil ,liberties1 who shall report directly to the ,secretary4 7b7 ,responsibilities ,the ,officer for ,civil ,rights and ,civil ,liberties shall carry out the following responsibilities3 7#a7 ,oversee compliance with constitutional1 statutory1 regulatory1 policy1 and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the ,department4 7#b7 ,integrate civil rights and civil liberties protections into all programs and activities of the ,department4 7#c7 ,conduct civil rights and civil liberties impact assessments1 as appropriate4 7#d7 ,conduct periodic reviews of policies1 procedures1 and activities of the ,department relating to civil rights and civil liberties4 7#e7 ,provide policy advice1 recommendations1 and other technical assistance relating to civil rights and civil liberties to the ,secretary and to heads of components1 directorates1 and offices and other personnel within the ,department4 7#f7 ,review1 assess1 and investigate complaints1 including complaints filed by members of the public1 and information indicating possible abuses of civil rights or civil liberties at the ,department1 unless the ,inspector ,general of the ,department determines that any such complaint or information should be investigated by the ,inspector ,general4 7#g7 ,initiate reviews1 assessments1 inspections1 and investigations of the administration of the programs and activities by the ,department relating to civil rights and civil liberties1 as the ,officer determines necessary4 7#h7 ,coordinate with the ,privacy ,officer to ensure that-- 7,a7 programs1 policies1 and procedures involving civil rights1 civil liberties1 and privacy considerations are addressed in an integrated and comprehensive manner2 and 7,b7 ,congress receives appropriate reports regarding such programs1 policies1 and procedures4 7#i7 ,lead the equal employment opportunity programs of the ,department1 including complaint management and adjudication1 and promote workforce diversity and merit system principles4 7#aj7 ,make publicly available through accessible communications channels1 including the website of the ,department-- 7,a7 information on the responsibilities and functions of1 and how to contact1 the ,officer2 and 7,b7 reports that are issued by the ,officer upon completion of investigations carried out pursuant to paragraph 7#f7 or 7#g74 7#aa7 ,engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the ,department1 including by informing such individuals and communities about report and redress processes and advising the ,secretary and heads of components1 directorates1 offices1 and other personnel within the ,department of any concerns raised by such individuals and communities4 7c7 ,coordination with ,inspector ,general 7#a7 ,authority to investigate possible abuses ,the ,officer for ,civil ,rights and ,civil ,liberties may investigate any matter referred to in paragraph 7#f7 or 7#g7 of subsection 7b7 after fulfilling the coordination requirements under paragraph 7#b7 with respect to such matter4 7#b7 ,coordination requirements 7,a7 ,referral of matters to ,inspector ,general ,before initiating any investigation described under paragraph 7#a71 the ,officer for ,civil ,rights and ,civil ,liberties shall refer the matter and all related complaints1 allegations1 and information to the ,inspector ,general of the ,department4 7,b7 ,inspector ,general responsibilities 7i7 ,determination and notification ,not later than #cj days after the receipt of a matter referred under subparagraph 7,a71 the ,inspector ,general shall-- 7,i7 make a determination regarding whether the ,inspector ,general intends to initiate an audit or investigation of the matter referred under subparagraph 7,a72 and 7,,ii7 notify the ,officer of such determination4 7ii7 ,audits and investigations ,if the ,inspector ,general notifies the ,officer for ,civil ,rights and ,civil ,liberties that the ,inspector ,general intends to initiate an audit or investigation1 the ,inspector ,general shall-- 7,i7 initiate such audit or investigate by not later than #ij days after providing such notification2 or 7,,ii7 not later than three days after the end of the #ij-;day period specified in subclause 7,i71 notify the ,officer that such audit or investigation was not initiated4 7,c7 ,provision of assistance ,at the request of the ,inspector ,general1 the ,officer for ,civil ,rights and ,civil ,liberties may provide assistance to the ,inspector ,general on any investigation or audit initiated by the ,inspector ,general based on a referral under subparagraph 7,a74 7,d7 ,investigation by ,officer ,the ,officer for ,civil ,rights and ,civil ,liberties may investigate a matter referred to the ,inspector ,general under subparagraph 7,a7 only if-- 7i7 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 relating to that matter2 or 7ii7 the ,inspector ,general provides notification under subparagraph 7,b77ii77,,ii7 that an audit or investigation was not initiated4 7d7 ,transparency 7#a7 ,complaints ,in the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph 7#f7 of subsection 7b71 the ,officer for ,civil ,rights and ,civil ,liberties shall-- 7,a7 provide to the individual who made the complaint notice of the receipt of such complaint within #cj days of receiving the complaint2 and 7,b7 inform the complainant of the determination of the ,officer regarding the initiation of a review1 assessment1 or investigation within the ,office1 a referral to the ,inspector ,general of the ,department1 or any other action taken4 7#b7 ,investigations ,in the case of an investigation initiated by the ,officer pursuant to paragraph 7#f7 or 7#g7 of subsection 7b71 upon the conclusion of the investigation1 the ,officer shall produce a report on the investigation which-- 7,a7 shall include the findings and recommendations of the ,officer2 7,b7 shall be made publicly available2 7,c7 shall not include any personally identifiable information related to any individual involved in such investigation2 and 7,d7 may include a classified appendix1 as the ,officer determines appropriate4 7#c7 ,submittal to heads of operational components ,the ,officer shall transmit a copy of each report produced under paragraph 7#b7 to the ,secretary and to the relevant head of each relevant operational component of the ,department4 7#d7 ,reports to ,congress ,upon the conclusion of any investigation conducted by the ,officer for ,civil ,rights and ,civil ,liberties under paragraph 7#f7 or 7#g7 of subsection 7b71 the ,officer shall submit to ,congress a report on the investigation1 which shall be prepared and submitted without any prior comment or amendment by the ,secretary1 ,deputy ,secretary1 or any other officer or employee of the ,department1 unless the ,officer seeks such comment4 7e7 ,component civil rights and civil liberties officer ,the head of each of the operational components of the ,department shall designate a career appointee 7as such term is defined in section #cacb of title #e1 ,united ,states ,code7 from such component as the ,officer for ,civil ,rights and ,civil ,liberties of that component4 ,the ,officer for ,civil ,rights and ,civil ,liberties of each such component shall coordinate with and provide information to the ,officer for ,civil ,rights and ,civil ,liberties of the ,department on matters related to civil rights and civil liberties within the components4 7f7 ,access to information ,the ,officer for ,civil ,rights and ,civil ,liberties of the ,department-- 7#a7 shall have access to all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 and other materials available to the ,department that relate to programs and operations with respect to the responsibilities of the ,officer under subsection 7b72 and 7#b7 may1 to the extent the ,officer determines necessary1 and subject to the approval of the ,secretary-- 7,a7 issue a subpoena to require the production1 by any person other than a ,federal agency1 of all information1 documents1 reports1 answers1 records1 accounts1 papers1 and other documentary evidence necessary in the performance of the responsibilities of the ,officer under this section2 and 7,b7 administer to or take from any person an oath1 affirmation1 or affidavit1 whenever necessary in the performance of the responsibilities of the ,officer under this section4 7g7 ,annual report ,not later than ,march #ca of each year1 the ,officer for ,civil ,rights and ,civil ,liberties of the ,department shall submit directly to the ,president1 the ,president of the ,senate1 the ,speaker of the ,house of ,representatives1 and the appropriate committees and subcommittees of ,congress1 a report on the implementation of this section during the year preceding the year during which the report is submitted4 ,each such report shall include1 for the year covered by the report-- 7#a7 any allegations of abuse described under subsection 7b77#f7 and any actions by the ,department or a component1 directorate1 or office of the ,department that the ,officer identifies as responsive to such allegations2 7#b7 a list of ,department programs and activities for which civil rights and civil liberties impact assessments were conducted1 or policy advice1 recommendations1 or other technical assistance was provided2 7#c7 any recommendations issued by the ,officer to the ,secretary or the head of a component1 directorate1 or office1 together with information on the status of the implementation of such recommendations2 7#d7 information on the diversity and equal employment opportunity activities of the ,department1 including information on complaint management and adjudication of equal employment opportunity complaints and efforts to ensure compliance throughout the ,department with equal employment opportunity requirements2 7#e7 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 ,department1 including public meetings2 and 7#f7 information on total staffing for the ,office of ,civil ,rights and ,civil ,liberties1 including-- 7,a7 the number of full-time1 part-time and contract support personnel2 and 7,b7 information on the number of employees whose primary responsibilities include supporting the ,officer in carrying out paragraph 7#i7 of subsection 7b74 4 7b7 ,clerical amendment ,the item relating to section #gje in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended to read as follows3 ,sec4 #gje4 ,officer for civil rights and civil liberties4 4 #c4 ,comptroller ,general review ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on subsection 7b77#aa7 of section #gje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cde71 as amended by section #b4 ,november #ai1 #bjai,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed