{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/hr4713-116/featured_department-of-homeland-security-office-of-civil-rights-and-civil-liberties-authorization-act-1576393479.jpg","featured_large":"https://assets.causes.com/bill/photo/hr4713-116/featured_large_department-of-homeland-security-office-of-civil-rights-and-civil-liberties-authorization-act-1576393479.jpg","shareable":"https://n.causes.com/share-images/bills/hr4713-116.png"},"introduced_on":"2019-10-17","title_override":"Should Homeland Security's Office of Civil Rights & Civil Liberties be Reauthorized & Reformed to Protect Against Violations?","summary_override":"

This bill — the Department of Homeland Security Office of Civil Rights and Civil Liberties Authorization Act — would modify the law establishing theOffice for Civil Rights and Civil Liberties within the Dept. of Homeland Security (DHS). It would establish an Officer for Civil Rights and Civil Liberties, who would be responsible for leading the Office for Civil Rights and Civil Liberties and ensuring DHS’ compliance with constitutional, statutory, regulatory, policy, and other requirements relating to protecting the civil rights and civil liberties of people affected by DHS programs activities.

Additionally, the Officer for Civil Rights and Civil Liberties would be responsible for:

Integrating civil rights and civil liberties protections into all DHS programs and activities;
Conducting civil rights and civil liberties impact assessments, as appropriate;
Conducting periodic reviews of DHS policies, procedures, and activities relating to civil rights and civil liberties;
Providing policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the DHS Secretary and to DHS’ departmental leaders (such as heads of components, directorates, offices, and other personnel at the agency);
Reviewing, assessing, and investigating complaints (including complaints filed by members of the public) and information indicating possible civil rights and civil liberties violations at DHS, unless the DHS Inspector General (DHS IG) determines that they should investigate the complaint or information;
Coordinating with the Privacy Officer to ensure that programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner and that Congress receives appropriate reports on such programs, policies, and procedures;
Leading DHS’ equal employment opportunity programs, including compliant management and adjudication, and promoting workforce diversity and merit system principles;
Making information on their responsibilities and functions, as well as their contact information, publicly available through accessible communications channels, including the DHS website;
Making the reports they issue upon completion of investigations carried out in response to complaints or information publicly available through accessible communications channels, including the DHS website; and
Engaging with individuals and communities whose civil rights and civil liberties might be affected by DHS programs and activities, including by informing them about report and redress procedures and advising the DHS Secretary and department leaders (such as heads of components, directorates, offices, and other department personnel) of any concerns such individuals or communities raise.

Before initiating any investigation, the Officer for Civil Rights and Civil Liberties would need to refer the matter and all related complaints, allegations, and information to the DHS IG. The DHS IG would then be responsible for making a determination as to whether or not to initiate an audit or investigation of the matter and notifying the Officer for Civil Rights and Civil Liberties of their decision.

If the DHS IG notifies the Officer for Civil Rights and Civil Liberties that they intend to initiate an audit or investigation, the DHS IG would have to initiate the audit or investigation no later than 90 days after providing the notice to the Officer for Civil Rights and Civil Liberties, and to notify the Officer for Civil Rights and Civil Liberties of the audit or investigation’s completion within three days. The Officer for Civil Rights and Civil Liberties could provide assistance to the DHS IG to complete audits or investigations. If the DHS IG notifies the Officer for Civil Rights and Civil Liberties that it doesn’t intend to initiate an audit or investigation or notifies the Officer for Civil Rights and Civil Liberties that an audit or investigation wasn’t initiated, the Officer for Civil Rights and Civil Liberties would be allowed to investigate the matter in question.

This bill would ensure that the Officer for Civil Rights and Civil Liberties has access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to DHS relating to programs and operations. It would also give the Officer for Civil Rights and Civil Liberties the power (subject to approval by the DHS Secretary) to:

Issue subpoenas 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 required to help the Officer for Civil Rights and Civil Liberties fulfill their duties; and
Administer or take from any person an oath, affirmation, or affidavit to help the Officer for Civil Rights and Civil Liberties fulfill their duties.

The Officer for Civil Rights and Civil Liberties would also submit an annual report to the president, president of the Senate, House Speaker, and appropriate Congressional committees and subcommittees detailing the implementation and results of this legislation. Each report would include:

Any allegations of abuse reported to DHS and any actions taken as a result;
A list of DHS programs and activities for which civil rights and civil liberties impact assessments were conducted;
Any recommendations issued by the Officer for Civil Rights and Civil Liberties or DHS personnel meant to improve civil rights and civil liberties protections, and the status of such recommendations’ implementation;
Information on DHS’ diversity and equal employment opportunity activities, including information on complaint management and adjudication of equal employment opportunity complaints and efforts to ensure DHS-wide compliance with equal employment opportunity requirements;
A description of any efforts, including public meetings, to engage with individuals and communities whose civil rights and civil liberties may be affected by DHS activities; and
Information on total staffing for the Office of Civil Rights and Civil Liberties.

","official_title":"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.","short_title":"Department of Homeland Security Office of Civil Rights and Civil Liberties Authorization Act","popular_title":null,"short_summary":"","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Civil rights and civil liberties; DHS; and the establishment of an office at DHS to protect and investigate potential violations of civil rights and liberties.","argument_for":"Numerous civil rights and liberties violations, as well as more serious human rights violations, have been documented against the Dept. of Homeland Security (DHS) as a result of the Trump administration’s efforts to tighten immigration policies and procedures. These deeply troubling allegations haven’t been taken seriously enough, and an Officer for Civil Rights and Civil Liberties is needed to make DHS take these investigations more seriously and ensure that complaints are addressed in a timely manner.","argument_against":"The Dept. of Homeland Security (DHS) Office for Civil Rights and Civil Liberties and Inspector General already share responsibility for receiving and investigating civil rights and liberties complaints related to DHS policies and procedures. This legislation would be duplicative of these existing efforts and therefore isn’t needed. 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Should Homeland Security's Office of Civil Rights & Civil Liberties be Reauthorized & Reformed to Protect Against Violations?