[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2536 Reported in Senate (RS)]
Calendar No. 704
108th CONGRESS
2d Session
S. 2536
[Report No. 108-350]
To enumerate the responsibilities of the Officer for Civil Rights and
Civil Liberties of the Department of Homeland Security, to require the
Inspector General of the Department of Homeland Security to designate a
senior official to investigate civil rights complaints, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 17, 2004
Ms. Collins (for herself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Governmental
Affairs.
September 20, 2004
Reported by Ms. Collins, with an amendment
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To enumerate the responsibilities of the Officer for Civil Rights and
Civil Liberties of the Department of Homeland Security, to require the
Inspector General of the Department of Homeland Security to designate a
senior official to investigate civil rights complaints, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Civil Rights and
Civil Liberties Protection Act of 2004''.
SEC. 2. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C.
111(b)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) ensure that the civil rights and civil
liberties of persons are not diminished by efforts,
activities, and programs aimed at securing the
homeland; and''.
SEC. 3. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
345(a)) is amended--
<DELETED> (1) in the matter preceding paragraph (1), by
inserting ``report directly to the Secretary and shall'' after
``who shall'';</DELETED>
<DELETED> (2) in paragraph (1), by striking ``and'' at the
end;</DELETED>
(1) by amending the matter preceding paragraph (1) to read
as follows:
``(a) In General.--The Officer for Civil Rights and Civil
Liberties, who shall report directly to the Secretary, shall--'';
(2) by amending paragraph (1) to read as follows:
``(1) review and assess information concerning abuses of
civil rights, civil liberties, and profiling on the basis of
race, ethnicity, or religion, by employees and officials of the
Department;'';
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(3) assist the Secretary, directorates, and offices of
the Department to develop, implement, and periodically review
Department policies and procedures to ensure that the
protection of civil rights and civil liberties is appropriately
incorporated into Department programs and activities;
``(4) oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the
civil rights and civil liberties of individuals affected by the
programs and activities of the Department;
``(5) coordinate with the Privacy Officer to ensure that--
``(A) programs, policies, and procedures involving
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 procedures; and
``(6) investigate complaints and information indicating
possible abuses of civil rights or civil liberties, unless the
Inspector General of the Department determines that any such
complaint or information should be investigated by the
Inspector General.''.
SEC. 4. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF
INSPECTOR GENERAL.
Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office of
Inspector General, who shall be a career member of the civil service at
the equivalent to the GS-15 level or a career member of the Senior
Executive Service, to perform the functions described in paragraph (2).
``(2) The senior official designated under paragraph (1) shall--
``(A) coordinate the activities of the Office of Inspector
General with respect to investigations of abuses of civil
rights or civil liberties;
``(B) receive and review complaints and information from
any source alleging abuses of civil rights and civil liberties
by employees or officials of the Department and employees or
officials of independent contractors or grantees of the
Department;
``(C) initiate investigations of alleged abuses of civil
rights or civil liberties by employees or officials of the
Department and employees or officials of independent
contractors or grantees of the Department;
``(D) ensure that personnel within the Office of Inspector
General receive sufficient training to conduct effective civil
rights and civil liberties investigations;
``(E) consult with the Officer for Civil Rights and Civil
Liberties regarding--
``(i) alleged abuses of civil rights or civil
liberties; and
``(ii) any policy recommendations regarding civil
rights and civil liberties that may be founded upon an
investigation by the Office of Inspector General;
``(F) provide the Officer for Civil Rights and Civil
Liberties with information regarding the outcome of
investigations of alleged abuses of civil rights and civil
liberties;
``(G) refer civil rights and civil liberties matters that
the Inspector General decides not to investigate to the Officer
for Civil Rights and Civil Liberties;
``(H) ensure that the Office of the Inspector General
publicizes and provides convenient public access to information
regarding--
``(i) the procedure to file complaints or comments
concerning civil rights and civil liberties matters;
and
``(ii) the status of investigations initiated in
response to public complaints; and
``(I) inform the Officer for Civil Rights and Civil
Liberties of any weaknesses, problems, and deficiencies within
the Department relating to civil rights or civil liberties.''.
SEC. 5. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``,
who shall report directly to the Secretary,'' after ``in the
Department'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
``(5) coordinating with the Officer for Civil Rights and
Civil Liberties to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) Congress receives appropriate reports on such
programs, policies, and procedures; and''.
Calendar No. 704
108th CONGRESS
2d Session
S. 2536
[Report No. 108-350]
_______________________________________________________________________
A BILL
To enumerate the responsibilities of the Officer for Civil Rights and
Civil Liberties of the Department of Homeland Security, to require the
Inspector General of the Department of Homeland Security to designate a
senior official to investigate civil rights complaints, and for other
purposes.
_______________________________________________________________________
September 20, 2004
Reported with an amendment