Homeland Security Civil Rights and Civil Liberties Protection Act of 2004

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5182 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5182

 To amend the Homeland Security Act of 2002 to clarify the mission and
responsibilities of the Department of Homeland Security with respect to
   the protection of civil rights and civil liberties, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2004

  Mr. Thompson of Mississippi (for himself, Mr. Turner of Texas, Mrs.
 Christensen, Ms. McCarthy of Missouri, Ms. Jackson-Lee of Texas, Ms.
 Norton, and Mr. Meek of Florida) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Select Committee on Homeland Security, for a period to be subsequently
   determined by the Speaker, in each case for consideration of such
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 To amend the Homeland Security Act of 2002 to clarify the mission and
responsibilities of the Department of Homeland Security with respect to
   the protection of civil rights and civil liberties, 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--
            (1) in the matter preceding paragraph (1), by inserting
        ``report directly to the Secretary and shall'' after ``who
        shall'';
            (2) in paragraph (1)-
                    (A) by striking ``alleging'' and inserting
                ``concerning'';
                    (B) by striking ``racial and ethnic'';
                    (C) by inserting ``on the basis of race, ethnicity,
                or religion,'' after ``profiling''; and
                    (D) by striking ``and'' after the semicolon at the
                end;
            (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 official appointed under section
        222 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) the 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.

    (a) Designation and Functions of Senior Official.--The Homeland
Security Act of 2002 (Public Law 107-296) is amended by inserting after
section 812 the following:

``SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF
              INSPECTOR GENERAL.

    ``(a) Designation of Senior Official.--The Inspector General of the
Department of Homeland Security shall designate a senior official
within the Office of Inspector General who is 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
subsection (b).
    ``(b) Functions.--The senior official designated under subsection
(a) shall---
            ``(1) coordinate the activities of the Office of Inspector
        General with respect to investigations of abuses of civil
        rights or civil liberties;
            ``(2) receive and review complaints and information from
        any source alleging abuses of civil rights and civil liberties
        by employees or officials of the Department of Homeland
        Security or by employees or officials of independent
        contractors or grantees of the Department;
            ``(3) initiate investigations of alleged abuses of civil
        rights or civil liberties by employees or officials of the
        Department of Homeland Security or by employees or officials of
        independent contractors or grantees of the Department;
            ``(4) ensure that personnel within the Office of Inspector
        General receive sufficient training to conduct effective civil
        rights and civil liberties investigations;
            ``(5) consult with the Officer for Civil Rights and Civil
        Liberties of the Department of Homeland Security regarding--
                    ``(A) alleged abuses of civil rights or civil
                liberties; and
                    ``(B) any policy recommendations regarding civil
                rights and civil liberties that may be founded upon an
                investigation by the Office of Inspector General;
            ``(6) 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;
            ``(7) refer civil rights and civil liberties matters that
        the Inspector General decides not to investigate to the Officer
        for Civil Rights and Civil Liberties;
            ``(8) ensure that the Office of the Inspector General
        publicizes and provides convenient public access to information
        regarding--
                    ``(A) the procedure to file complaints or comments
                concerning civil rights and civil liberties matters;
                and
                    ``(B) the status of investigations initiated in
                response to public complaints; and
            ``(9) 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.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 812
the following:

``Sec. 813. Protection of civil rights and civil liberties by Office of
                            Inspector General.''.

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'' after the
        semicolon 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) the Congress receives appropriate reports on
                such programs, policies, and procedures; and''.
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