S.Amdt. 1426

1. Adds SEC. ___. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES wherever appropriate

   Adds a section

   Inserted: SEC. ___. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

   Inserted: Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended--

   Inserted: (1) in subsection (a), by striking paragraph (6) and inserting the following:

   Inserted: "(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties by employees and officials of the Department or that are related to Departmental activities (unless the Inspector General of the Department determines that such a complaint or such information should be investigated by the Inspector General) and, using the information gained by such investigations, make recommendations to the Secretary and directorates, offices, and other components of the Department for improvements in policy, supervision, training, and practice related to civil rights or civil liberties, or for the relevant office to review the matter and take appropriate disciplinary or other action.";

   Inserted: (2) by redesignating subsection (b) as subsection (e);

   Inserted: (3) by inserting after subsection (a) the following:

   Inserted: "(b) Investigation of Complaints.--The head of each directorate, office, or component of the Department and the head of any other executive agency shall ensure that the directorate, office, or component provides the Officer for Civil Rights and Civil Liberties with speedy access, and in no event later than 30 days after the date on which the directorate, office, or component receives a request from the Officer, to any information determined by the Officer to be relevant to the exercise of the duties and responsibilities under subsection (a) or to any investigation carried out under this section, whether by providing relevant documents or access to facilities or personnel.

   Inserted: "(c) Subpoenas.--

   Inserted: "(1) In general.--In carrying out the duties and responsibilities under subsection (a) or as part of an investigation carried out under this section, the Officer for Civil Rights and Civil Liberties may require by subpoena access to--

   Inserted: "(A) any institution or entity outside of the Federal Government that is the subject of or related to an investigation under this section; and

   Inserted: "(B) any individual, document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording or other media, or quality assurance report relating to any institution or entity outside of the Federal Government that is the subject of or related to an investigation under this section.

   Inserted: "(2) Issuance and service.--A subpoena issued under this subsection shall--

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   Inserted: "(A) bear the signature of the Officer for Civil Rights and Civil Liberties; and

   Inserted: "(B) be served by any person or class of persons designated by the Officer or an officer or employee designated for that purpose.

   Inserted: "(3) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the institution, entity, or individual is located may issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as contempt of that court.

   Inserted: "(4) Use of information.--Any material obtained under a subpoena issued under this subsection--

   Inserted: "(A) may not be used for any purpose other than a purpose set forth in subsection (a);

   Inserted: "(B) may not be transmitted by or within the Department for any purpose other than a purpose set forth in subsection (a); and

   Inserted: "(C) shall be redacted, obscured, or otherwise altered if used in any publicly available manner to the extent necessary to prevent the disclosure of any personally identifiable information.

   Inserted: "(d) Recommendations.--For any final recommendation or finding made under this section by the Officer for Civil Rights and Civil Liberties to the Secretary or a directorate, office, or other component of the Department--

   Inserted: "(1) the Secretary shall ensure that the Department--

   Inserted: "(A) responds to the recommendation or finding within 30 days after the date on which the Officer communicates the recommendation or finding; and

   Inserted: "(B) within 60 days after the date on which the Officer communicates the recommendation or finding, provides the Officer with a plan for implementation of the recommendation or finding;

   Inserted: "(2) within 30 days after the date on which the Officer receives an implementation plan under paragraph (1), the Officer shall assess the plan and determine whether the plan sufficiently addresses the underlying recommendation;

   Inserted: "(3) if the Officer determines under paragraph (2) that an implementation plan is insufficient, the Secretary shall ensure that the Department submits a revised implementation plan that complies with the underlying recommendation within 30 days after the date on which the Officer communicates the determination; and

   Inserted: "(4) absent any provision of law to the contrary, the Officer shall provide the complainant with a summary of any findings or recommendations made under this section by the Officer, which shall be redacted, obscured, or otherwise altered to protect the disclosure of any personally identifiable information, other than the complainant's."; and

   Inserted: (4) in subsection (e), as so redesignated--

   Inserted: (A) by striking "The Secretary shall" and inserting the following:

   Inserted: "(1) In general.--The Secretary shall";

   Inserted: (B) by striking "and the appropriate committees and subcommittees of Congress" and inserting "the appropriate committees and subcommittees of Congress, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee)";

   Inserted: (C) by striking ", and detailing any allegations" and all that follows through "such allegations." and inserting "and a compilation of the information provided in the quarterly reports under paragraph (2)."; and

   Inserted: (D) by adding at the end the following:

   Inserted: "(2) Quarterly reports.--

   Inserted: "(A) In general.--The Officer for Civil Rights and Civil Liberties shall submit to the President of the Senate, the Speaker of the House of Representatives, the appropriate committees and subcommittees of Congress, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), on a quarterly basis, a report detailing--

   Inserted: "(i) each nonfrivolous allegation of abuse received by the Officer during the quarter covered by the report; and

   Inserted: "(ii) each final recommendation made or carried out under subsection (a) that was completed during the quarter covered by the report.

   Inserted: "(B) Contents.--Each report under this paragraph shall detail--

   Inserted: "(i) for each allegation described in subparagraph (A)(i) subject to a completed investigation, any final recommendation made by the Officer for Civil Rights and Civil Liberties and any action or response taken by the Department in response; and

   Inserted: "(ii) any matter or investigation carried out under this section that has been open or pending for more than 2 years.

   Inserted: "(3) Informing the public.--The Officer for Civil Rights and Civil Liberties shall--

   Inserted: "(A) make each report submitted under this subsection available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and

   Inserted: "(B) otherwise inform the public of the activities of the Officer, as appropriate and in a manner consistent with the protection of classified information and applicable law.".

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   Original wording

   At the appropriate place, insert the following:

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As printed