Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9579 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9579

To amend the Homeland Security Act of 2002 to make certain improvements
in the Office for Civil Rights and Civil Liberties of the Department of
               Homeland Security, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 2, 2026

Mr. Green of Texas (for himself, Mr. Bell, Ms. Brownley, Mr. Carter of
Louisiana, Ms. Chu, Ms. Clarke of New York, Ms. Crockett, Mr. Davis of
  Illinois, Mr. Figures, Mr. Goldman of New York, Mrs. Grijalva, Mrs.
McIver, Ms. Meng, Ms. Moore of Wisconsin, Mr. Moulton, Ms. Randall, Mr.
  Thanedar, Mr. Thompson of Mississippi, Ms. Wasserman Schultz, Mrs.
  Watson Coleman, and Mr. Walkinshaw) introduced the following bill;
        which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL

To amend the Homeland Security Act of 2002 to make certain improvements
in the Office for Civil Rights and Civil Liberties of the Department of
               Homeland Security, 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 ``Department of Homeland Security
Office for Civil Rights and Civil Liberties Authorization Act''.

SEC. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

    (a) In General.--Section 705 of the Homeland Security Act of 2002
(6 U.S.C. 345) is amended--
            (1) in the section heading, by striking ``establishment
        of''; and
            (2) by striking subsections (a) and (b) and inserting the
        following new subsections:
    ``(a) Establishment.--
            ``(1) In general.--There is established within the
        Department an Office for Civil Rights and Civil Liberties
        (referred to in this section as the `Office'). The head of the
        Office is the Officer for Civil Rights and Civil Liberties
        (referred to in this section as the `Officer'), who shall
        report directly to the Secretary.
            ``(2) Duties.--The Secretary and the head of each component
        shall--
                    ``(A) ensure that the Officer for Civil Rights and
                Civil Liberties of the Department and the Officer for
                Civil Rights and Civil Liberties of such component--
                            ``(i) have the information, materials, and
                        resources, including appropriate staffing,
                        necessary to carry out the functions of the
                        Office;
                            ``(ii) are consulted in advance of new or
                        proposed changes to policies, programs,
                        initiatives, or activities impacting civil
                        rights or civil liberties; and
                            ``(iii) are given full and complete access
                        to all materials and personnel necessary to
                        carry out the functions of the Office; and
                    ``(B) consider advice and recommendations from the
                Officer for Civil Rights and Civil Liberties of the
                Department in the development and implementation of
                policies, programs, initiatives, and activities
                impacting civil rights or civil liberties.
    ``(b) Responsibilities.--The Officer shall carry out the following
responsibilities:
            ``(1) Oversee compliance with constitutional, statutory,
        regulatory, policy, and other requirements relating to the
        civil rights or civil liberties of individuals affected by the
        policies, programs, initiatives, or activities of the
        Department.
            ``(2) Review and assess information concerning abuses of
        civil rights or civil liberties, and profiling on the basis of
        race, ethnicity, national origin, religion, sex, sexual
        orientation, gender identity, disability, or other
        characteristics, by employees or officials of the Department.
            ``(3) Integrate civil rights and civil liberties
        protections into all policies, programs, initiatives, and
        activities of the Department.
            ``(4) Conduct civil rights and civil liberties assessments,
        as appropriate, prior to the implementation of new Department
        regulations, policies, programs, initiatives, or activities.
            ``(5) Conduct periodic reviews and assessments of policies,
        programs, initiatives, and activities of the Department
        relating to civil rights and civil liberties, including reviews
        and assessments.
            ``(6) Provide to the Secretary, the heads of components,
        and other personnel within the Department policy advice,
        recommendations, and other technical assistance relating to
        civil rights and civil liberties.
            ``(7) Investigate complaints and information indicating
        possible abuses of civil rights or civil liberties by employees
        or officials of the Department, unless the Inspector General of
        the Department determines that any such complaint should be
        investigated by the Inspector General.
            ``(8) Initiate reviews and assessments of the
        administration of the policies, programs, initiatives, and
        activities of the Department relating to civil rights and civil
        liberties.
            ``(9) Coordinate with the Privacy Officer appointed under
        section 222 to ensure the following:
                    ``(A) Policies, programs, initiatives, or
                activities involving civil rights, civil liberties, or
                privacy considerations are addressed in an integrated
                and comprehensive manner.
                    ``(B) Congress receives appropriate reports
                regarding such policies, programs, initiatives, and
                activities.
            ``(10) Lead the equal employment opportunity programs of
        the Department, including complaint management and
        adjudication, workforce diversity, and promotion of merit
        system principles.
            ``(11) Make publicly available through accessible
        communications channels, including the website of the
        Department, the following:
                    ``(A) Information on the responsibilities and
                functions of, and how to contact, the Office.
                    ``(B) Summaries of investigations carried out
                pursuant to paragraph (7) that result in
                recommendations.
                    ``(C) Summaries of assessments and reviews carried
                out pursuant to paragraphs (4), (5), or (8), as the
                case may be.
            ``(12) Engage with individuals, stakeholders, and
        communities the civil rights and civil liberties of which may
        be affected by the policies, programs, initiatives, or
        activities of the Department, including by carrying out the
        following:
                    ``(A) Informing such individuals, stakeholders, and
                communities concerning such policies, programs,
                initiatives, or activities, as the case may be.
                    ``(B) Providing information regarding how to report
                and access redress processes.
                    ``(C) Providing Department leadership and other
                personnel within the Department feedback from such
                individuals, stakeholders, and communities regarding
                the civil rights and civil liberties impacts of such
                policies, programs, initiatives, or activities, and
                working with State, local, Tribal, and territorial
                homeland security partners to enhance the Department's
                policymaking and program implementation.
            ``(13) Lead the Department's language access work to ensure
        the Department engages effectively with individuals,
        stakeholders, and communities.
            ``(14) Participate in the hiring or designation of a civil
        rights and civil liberties officer within each component and
        participate in the performance review process for each such
        officer.
    ``(c) Authority To Investigate.--
            ``(1) In general.--For the purposes of paragraph (7) of
        subsection (b), the Officer shall--
                    ``(A) have timely access to all materials and
                personnel necessary to carry out the functions of the
                Office;
                    ``(B) issue such reports as are necessary or
                appropriate in accordance with subsection (g);
                    ``(C) conduct an investigation in such manner as
                the Secretary directs; and
                    ``(D) administer to or take from any person an
                oath, affirmation, or affidavit, whenever necessary to
                perform the responsibilities of the Officer.
            ``(2) Effect of oaths.--Any oath, affirmation, or affidavit
        administered or taken pursuant to subparagraph (D) of paragraph
        (1) by or before an employee of the Office designated for such
        purpose by the Officer shall have the same force and effect as
        if administered or taken by or before an officer having a seal
        of office.
    ``(d) Notification Requirement.--In the case of a complaint made
concerning allegations of an abuse of civil rights or civil liberties
under paragraph (7) of subsection (b), the Officer shall carry out the
following:
            ``(1) Provide to the individual who made such complaint
        notice of the receipt of such complaint within 30 days of
        receiving such complaint.
            ``(2) Inform the individual of the determination of the
        Office regarding the following:
                    ``(A) The initiation of a review, investigation, or
                assessment, as the case may be, by the Office.
                    ``(B) A referral to the Inspector General of the
                Department.
                    ``(C) Any other action taken.
    ``(e) Coordination With Inspector General.--
            ``(1) In general.--
                    ``(A) Referral.--Before initiating an investigation
                initiated by the Officer pursuant to paragraph (7) of
                subsection (b), the Officer shall refer the matter at
                issue to the Inspector General of the Department.
                    ``(B) Determinations and notifications by inspector
                general.--Not later than seven days after the receipt
                of a matter at issue under subparagraph (A), the
                Inspector General shall carry out the following:
                            ``(i) Determine whether the Inspector
                        General intends to initiate an investigation of
                        such matter.
                            ``(ii) Notify the Officer of such
                        determination.
                    ``(C) Investigations.--The Secretary may authorize
                the Officer to conduct an investigation pursuant to
                paragraph (7) of subsection (b) if the Secretary
                determines that a complaint warrants both the Officer
                and the Inspector General conducting investigations
                concurrently or in some other manner.
                    ``(D) Notification by the officer.--If the Officer
                does not receive notification of a determination
                pursuant to subparagraph (B)(ii), the Officer shall
                notify the Inspector General of whether the Officer
                intends to initiate an investigation into the matter at
                issue.
    ``(f) Recommendations; Response.--
            ``(1) In general.--In the case of an investigation
        initiated by the Officer pursuant to paragraph (7) of
        subsection (b), if such an investigation results in the
        issuance of recommendations, the Officer shall produce a report
        that--
                    ``(A) includes the final findings and
                recommendations of the Officer;
                    ``(B) is made publicly available in summary form;
                    ``(C) does not include any personally identifiable
                information; and
                    ``(D) may include a classified annex.
            ``(2) Transmission.--The Officer shall transmit to the
        Secretary and the head of the relevant component a copy of each
        report under paragraph (1).
            ``(3) Response.--
                    ``(A) In general.--Not later than 45 days after the
                date on which the Officer transmits to the head of a
                component a copy of a report pursuant to paragraph (2),
                such head shall submit to the Secretary and the Officer
                a response to such report.
                    ``(B) Rule of construction.--In the response
                submitted pursuant to subparagraph (A), each
                recommendation contained in the report transmitted
                pursuant to paragraph (2) with which the head of the
                component at issue concurs shall be deemed an accepted
                recommendation of the Department.
                    ``(C) Nonconcurrence; appeal.--If the head of a
                component does not concur with a recommendation
                contained in the report transmitted pursuant to
                paragraph (2), or if such head does not respond to a
                recommendation within 60 days in accordance with
                subparagraph (A), the Officer may appeal to the
                Secretary.
                    ``(D) Result.--If the Officer appeals to the
                Secretary pursuant to subparagraph (C), the Secretary
                shall, not later than 60 days after the date on which
                the Officer appeals--
                            ``(i) accept the Officer's recommendation,
                        which recommendation shall be deemed the
                        accepted recommendation of the Department; or
                            ``(ii) accept the nonconcurrence of the
                        head of the component at issue if transmitted
                        in accordance with subparagraph (A).
    ``(g) Reporting.--
            ``(1) In general.--In the case of an investigation
        initiated by the Officer pursuant to paragraph (7) subsection
        (b), if such an investigation resulted in the issuance of
        recommendations, the Officer shall, on an annual basis, make
        publicly available through accessible communications channels,
        including the website of the Department, the following:
                    ``(A) The accepted recommendations of the
                Department, if any.
                    ``(B) A summary of investigations that result in
                final recommendations that are issued by the Officer.
            ``(2) Prohibition.--Materials made publicly available
        pursuant to paragraph (1) may not include any personally
        identifiable information related to any individual involved in
        the investigation at issue.
    ``(h) Component Civil Rights and Civil Liberties Officers.--
            ``(1) In general.--Any component that has an Officer for
        Civil Rights and Civil Liberties of such component shall ensure
        that such Officer for Civil Rights and Civil Liberties of 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 or civil liberties within
        each such component.
            ``(2) Officers of operational components.--The head of each
        operational component, in consultation with the Officer for
        Civil Rights and Civil Liberties of the Department, shall hire
        or designate a career appointee (as such term is defined in
        section 3132 of title 5, United States Code) from such
        component as the Officer for Civil Rights and Civil Liberties
        of such operational component.
            ``(3) Responsibilities.--Each Officer for Civil Rights and
        Civil Liberties of each operational component--
                    ``(A) shall have access in a timely manner to the
                information, materials, and information necessary to
                carry out the functions of such officer;
                    ``(B) shall be consulted in advance of new or
                proposed changes to component policies, programs,
                initiatives, or activities impacting civil rights or
                civil liberties;
                    ``(C) shall be given full and complete access to
                all component materials and component personnel
                necessary to carry out the functions of such officer;
                    ``(D) may, to the extent the Officer for Civil
                Rights and Civil Liberties of the Department determines
                necessary, and subject to the approval of the
                Secretary, administer to or take from any person an
                oath, affirmation, or affidavit, whenever necessary in
                the performance of the responsibilities of each such
                component Officer under this section; and
                    ``(E) may administer any oath, affirmation, or
                affidavit, and such oath, affirmation, shall have the
                same force and effect as if administered or taken by or
                before an officer having a seal of office.
    ``(i) Annual Report.--Not later than June 30 of each year, the
Officer shall submit to the Committee on Homeland Security of the House
of Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and any other committee of the House of
Representatives or the Senate, as the case may be, the Officer
determines relevant, a report on the implementation of this section
during the immediately preceding fiscal year. Each such annual report
shall be prepared and submitted for supervisory review and appropriate
comment or amendment by the Secretary prior to submission to such
committees, and the Officer shall consider and incorporate any comments
or amendments as a result of such review. Each such report shall
include, for the year covered by such report, the following:
            ``(1) A list of Department regulations, policies, programs,
        initiatives, and activities for which civil rights or civil
        liberties assessments were conducted, or policy advice,
        recommendations, or other technical assistance was provided.
            ``(2) An assessment of the efforts of the Department to
        effectively communicate with individuals, stakeholders, or
        communities impacted by policies, programs, initiatives, or
        activities of the Department, including the individuals,
        stakeholders, and communities referred to in subsection
        (b)(12).
            ``(3) A summary of recommendations issued pursuant to
        subsection (f) regarding investigations under paragraph (7) of
        subsection (b), together with information on the status of the
        implementation of such recommendations by the component at
        issue.
            ``(4) Information on the diversity and equal employment
        opportunity activities of the Department, including information
        on complaint management and adjudication of equal employment
        opportunity complaints, and efforts to ensure compliance
        throughout the Department with equal employment opportunity
        requirements.
            ``(5) A description of any efforts, including public
        meetings, to engage with individuals, stakeholders, and
        communities the civil rights and civil liberties of which may
        be affected by policies, programs, initiatives, or activities
        of the Department.
            ``(6) Information regarding total staffing for the Office,
        including regarding the following:
                    ``(A) The number of full-time, part-time, and
                contract support personnel.
                    ``(B) Information on the number of employees whose
                primary responsibilities include supporting the Officer
                in carrying out paragraph (10) of subsection (b).
            ``(7) If required, a classified annex.
    ``(j) Definition.--In this section, the term `component' means any
operational component, non-operational component, directorate, or
office of the Department.''.
    (b) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C.
2000ee-1(f)(1)(A)(i)) is amended by striking ``the Committee on
Oversight and Government Reform of the House of Representatives'' and
inserting ``the Committee on Homeland Security of the House of
Representatives, the Committee on Oversight and Government Reform of
the House of Representatives''.
    (c) Comptroller General Review.--Not later than two years after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the implementation
of subsection (b)(12) of section 705 of the Homeland Security Act of
2002 (6 U.S.C. 345), as amended by subsection (a).
    (d) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by amending the item
relating to section 705 to read as follows:

``Sec. 705. Officer for Civil Rights and Civil Liberties.''.
                                 <all>