S.Amdt. 1602

SA 1602. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch)
to the bill S. 744, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

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

Section 705 of the Homeland Security Act of 2002 (6 U.S.C.
345) is amended--
(1) in subsection (a), by striking paragraph (6) and
inserting the following:
``(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.'';
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after subsection (a) the following:
``(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.
``(c) Subpoenas.--
``(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--
``(A) any institution or entity outside of the Federal
Government that is the subject of or related to an
investigation under this section; and
``(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.
``(2) Issuance and service.--A subpoena issued under this
subsection shall--
``(A) bear the signature of the Officer for Civil Rights
and Civil Liberties; and
``(B) be served by any person or class of persons
designated by the Officer or an officer or employee
designated for that purpose.
``(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.
``(4) Use of information.--Any material obtained under a
subpoena issued under this subsection--
``(A) may not be used for any purpose other than a purpose
set forth in subsection (a);
``(B) may not be transmitted by or within the Department
for any purpose other than a purpose set forth in subsection
(a); and
``(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.
``(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--
``(1) the Secretary shall ensure that the Department--
``(A) responds to the recommendation or finding within 30
days after the date on which the Officer communicates the
recommendation or finding; and
``(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;
``(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;
``(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
``(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
(4) in subsection (e), as so redesignated--
(A) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall'';
(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)'';
(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
(D) by adding at the end the following:
``(2) Quarterly reports.--
``(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--
``(i) each nonfrivolous allegation of abuse received by the
Officer during the quarter covered by the report; and
``(ii) each final recommendation made or carried out under
subsection (a) that was completed during the quarter covered
by the report.
``(B) Contents.--Each report under this paragraph shall
detail--
``(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
``(ii) any matter or investigation carried out under this
section that has been open or pending for more than 2 years.
``(3) Informing the public.--The Officer for Civil Rights
and Civil Liberties shall--
``(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
``(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.''.
______