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

Floor Speech

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Ms. SLOTKIN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4713) 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, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 4713

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 of 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) In General.--There is established within the Department an Office for Civil Rights and Civil Liberties. The head of such Office is the Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary.

``(b) Responsibilities.--The Officer for Civil Rights and Civil Liberties shall carry out the following responsibilities:

``(1) 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.

``(2) Integrate civil rights and civil liberties protections into all programs and activities of the Department.

``(3) Conduct civil rights and civil liberties impact assessments, as appropriate, including prior to the implementation of new Department regulations, initiatives, programs, or policies.

``(4) Conduct periodic reviews of policies, procedures, and activities of the Department relating to civil rights and civil liberties.

``(5) Provide policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the Secretary and to heads of components, directorates, and offices and other personnel within the Department.

``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General.

``(7) Initiate reviews, investigations, and assessments of the administration of the programs and activities by the Department relating to civil rights and civil liberties, as the Officer determines necessary.

``(8) 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.

``(9) Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of the merit system principles.

``(10) Make publicly available through accessible communications channels, including the website of the Department--

``(A) information on the responsibilities and functions of, and how to contact, the Office; and

``(B) summary of reports of investigations that result in final recommendations that are issued by the Officer upon completion of investigations carried out pursuant to paragraph (6); and

``(C) summaries of impact assessments issued by the Officer and carried out pursuant to paragraph (3) or (7).

``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, offices, and other personnel within the Department of concerns raised by such individuals and communities.

``(c) Coordination With Inspector General.--

``(1) Authority to investigate possible abuses.--The Officer for Civil Rights and Civil Liberties may investigate any matter referred to in paragraph (6) or (7) of subsection (b) after fulfilling the coordination requirements under paragraph (2) with respect to such matter.

``(2) Coordination requirements.--

``(A) Referral of matters to inspector general.--Before initiating any investigation described under paragraph (1), the Officer for Civil Rights and Civil Liberties shall refer the matter and all related complaints to the Inspector General of the Department.

``(B) Inspector general responsibilities.--

``(i) Determination and notification.--Not later than 5 business days after the receipt of a matter referred under subparagraph (A), the Inspector General shall--

``(I) make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under subparagraph (A); and

``(II) notify the Officer of such determination.

``(ii) Audits and investigations.--If the Inspector General notifies the Officer for Civil Rights and Civil Liberties that the Inspector General intends to initiate an audit or investigation, the Inspector General shall--

``(I) initiate such audit or investigate by not later than 90 days after providing such notification; or

``(II) not later than three days after the end of the 90- day period specified in subclause (I), notify the Officer that such audit or investigation was not initiated.

``(C) Provision of assistance.--At the request of the Inspector General, the Officer for Civil Rights and Civil Liberties may provide assistance to the Inspector General on any investigation or audit initiated by the Inspector General based on a referral under subparagraph (A).

``(D) Investigation by officer.--The Officer for Civil Rights and Civil Liberties may investigate a matter referred to the Inspector General under subparagraph (A) only if--

``(i) the Inspector General notifies the Officer for Civil Rights and Civil Liberties that the Inspector General does not intend to initiate an audit or investigation relating to that matter; or

``(ii) the Inspector General provides notification under subparagraph (B)(ii)(II) that an audit or investigation was not initiated.

``(d) Transparency.--

``(1) Complaints.--In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer for Civil Rights and Civil Liberties shall--

``(A) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and

``(B) inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office, a referral to the Inspector General of the Department, or any other action taken.

``(2) Investigations.--In the case of an investigation initiated by the Officer pursuant to paragraph (6) or (7) of subsection (b), upon the conclusion of the investigation, the Officer shall produce a report on the investigation which--

``(A) shall include the findings and recommendations of the Officer;

``(B) a summary of which shall be made publicly available;

``(C) shall not include any personally identifiable information related to any individual involved in such investigation; and

``(D) may include a classified appendix, as the Officer determines appropriate.

``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each report produced under paragraph (2) to the Secretary and to the relevant head of each relevant operational component of the Department.

``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer for Civil Rights and Civil Liberties under paragraph (6) or (7) of subsection (b), the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department, unless the Officer seeks such comment.

``(e) Component Civil Rights and Civil Liberties Officer.-- The head of each of the operational components of the Department shall 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 that component. The Officer for Civil Rights and Civil Liberties of each 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 and civil liberties within the components.

``(f) Access to Information.--The Officer for Civil Rights and Civil Liberties of the Department--

``(1) shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the Officer under subsection (b); and

``(2) may, to the extent the Officer determines necessary, and subject to the approval of the Secretary--

``(A) issue a subpoena to require the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other documentary evidence necessary in the performance of the responsibilities of the Officer under this section; and

``(B) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the responsibilities of the Officer under this section.

``(g) Annual Report.--Not later than March 31 of each year, the Officer for Civil Rights and Civil Liberties of the Department shall submit directly to the President, the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress, a report on the implementation of this section during the year preceding the year during which the report is submitted. Each such report shall include, for the year covered by the report--

``(1) any allegations of abuse described under subsection (b)(6) and any actions by the Department or a component, directorate, or office of the Department that the Officer identifies as responsive to such allegations;

``(2) a list of Department programs and activities for which civil rights and civil liberties impact assessments were conducted, or policy advice, recommendations, or other technical assistance was provided;

``(3) any recommendations issued by the Officer to the Secretary or the head of a component, directorate, or office, together with information on the status of the implementation of such recommendations;

``(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 to engage with individuals and communities whose civil rights and civil liberties may be affected by activities carried out by the Department, including public meetings; and

``(6) information on total staffing for the Office of Civil Rights and Civil Liberties, including--

``(A) the number of full-time, part-time and contract support personnel; and

``(B) information on the number of employees whose primary responsibilities include supporting the Officer in carrying out paragraph (9) of subsection (b).''.

(b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``SEC. 705. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.''. SEC. 3. COMPTROLLER GENERAL REVIEW.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on subsection (b)(11) of section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345), as amended by section 2.

Mr. Speaker, I rise today in strong support of H.R. 4713, the Department of Homeland Security Office of Civil Rights and Civil Liberties Authorization Act.

The Department of Homeland Security Office of Civil Rights and Civil Liberties, which I will call CRCL, is the primary office responsible for integrating civil rights and civil liberties protections into DHS policies, programs, and procedures.

Every day, DHS personnel interact with millions of people from across the country and around the world. For this reason, it is imperative that the Department's CRCL officer has the authority to ensure that DHS pursues policies and programs that are in line with constitutionally protected civil rights and civil liberties.

Under current law, the CRCL officer is authorized to assist the leaders throughout the Department in appropriately incorporating civil rights and civil liberties in DHS policies and procedures. However, there have been instances where CRCL was not afforded the opportunity to weigh in on DHS programs and policies that clearly impact individuals' and communities' civil rights and civil liberties.

For example, it has been reported that CRCL was not consulted when the Trump administration instituted the family separation policy at the southern border. It has also been reported that the Office was not consulted prior to the January 2017 travel ban that barred individuals from Muslim-majority countries from entering the United States.

The bill before us today seeks to ensure that CRCL has a seat at the table when new programs and policies are being considered within DHS.

H.R. 4713, which was introduced by the gentleman from Texas (Mr. Green), promotes the involvement of CRCL early in the policymaking process and ensures the Office is empowered, when necessary, to prevent DHS from pursuing policies that violate individuals' civil rights and civil liberties.

To strengthen the integration of civil rights and civil liberties across the Department, H.R. 4713 requires the designation of CRCL officers within each DHS component.

Additionally, H.R. 4713 would confer the CRCL officer the same authorities that currently rest with the DHS privacy officer to carry out its responsibilities.

For instance, today, DHS components are not required to provide information to the CRCL officer that may be needed for a civil liberties investigation. Under H.R. 4713, the CRCL officer would have the authority to access all Department records necessary to carry out its work, including investigations.

The CRCL officer would also have the authority, with the support of the DHS Secretary, to subpoena non-Federal entities to acquire information, documents, reports, and other materials necessary to carry out CRCL investigations.

Lastly, the bill would increase transparency and accountability within the Department. Specifically, H.R. 4713 makes CRCL more responsive and accessible to members of the public who file complaints by requiring the Office to provide individuals with notices of receipt within 30 days of a complaint.

The bill also requires CRCL to make publicly available its reports and reviews of Department programs and submit those reports to Congress.

We know that the CRCL does important work and that caseload is growing. This year alone, the Office reviewed DHS policies relating to the humanitarian crisis at the border, disaster assistance, and a Departmentwide antiharassment policy, just to name a few items.

Given Congress' strong interest in the work of the Department's CRCL officer, it is troubling that the last annual report that we have received here in Congress was for fiscal year 2017. Increased public reporting will allow us to work together to improve accountability of the Department.

I appreciate that the Committee on Homeland Security came together on a bipartisan basis to support this measure, and I urge my colleagues to do the same.
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Ms. SLOTKIN. Mr. Speaker, I have no more speakers, and I am prepared to close.

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Ms. SLOTKIN. Mr. Speaker, I would be remiss if I did not also take just a half a second to urge the Department of Homeland Security, in crafting their budget request for next cycle, to provide adequate resources for the CRCL to ensure that the office can do its work.

Mr. Speaker, I urge the rest of my colleagues to join by passing H.R. 4713, and I yield back the balance of my time.

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