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116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      116-300

======================================================================



 
   DEPARTMENT OF HOMELAND SECURITY OFFICE OF CIVIL RIGHTS AND CIVIL 
                      LIBERTIES AUTHORIZATION ACT

                                _______
                                

 November 19, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

      Mr. Thompson of Mississippi, from the Committee on Homeland
                   Security, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4713]

    The Committee on Homeland Security, to whom was referred 
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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     5
Hearings.........................................................     6
Committee Consideration..........................................     7
Committee Votes..................................................     9
Committee Oversight Findings.....................................     9
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................    10
Federal Mandates Statement.......................................    10
Statement of General Performance Goals and Objectives............    10
Duplicative Federal Programs.....................................    10
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................    11
Changes in Existing Law Made by the Bill, as Reported............    14
Additional Views.................................................    20

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.
          ``(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 or information 
        should be investigated by the Inspector General.
          ``(7) Initiate reviews, assessments, inspections, and 
        investigations 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, 
        and promote workforce diversity and 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 Officer; and
                  ``(B) reports that are issued by the Officer upon 
                completion of investigations carried out pursuant to 
                paragraph (6) 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 any 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, allegations, and information to the 
                Inspector General of the Department.
                  ``(B) Inspector general responsibilities.--
                          ``(i) Determination and notification.--Not 
                        later than 30 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) 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.

                          Purpose and Summary

    H.R. 4713, the ``Department of Homeland Security Office of 
Civil Rights and Civil Liberties Authorization Act,'' was 
introduced to strengthen the role of the Office for Civil 
Rights and Civil Liberties (CRCL) within the Department of 
Homeland Security (DHS or Department) as it works to ensure the 
protection of individual rights for those affected by DHS 
programs and activities. This bill authorizes CRCL to integrate 
civil rights and civil liberties into all Department programs 
and activities by reviewing Departmental policies, procedures, 
and activities; reviewing, assessing, and investigating 
complaints and information indicating possible abuses of civil 
rights and civil liberties; conducting civil rights and civil 
liberties impact assessments; and providing recommendations and 
other technical assistance to the Secretary of Homeland 
Security (Secretary) and heads of the operational components of 
the Department, among other functions. The bill seeks to 
improve the effectiveness of CRCL within the Department by 
granting the DHS CRCL Officer authority to access all 
Department records necessary to carry out the Officer's work 
and to issue subpoenas, as necessary and subject to the 
approval of the Secretary, to non-federal entities. 
Additionally, the bill requires the head of each operational 
component to designate a CRCL officer within its respective 
component to coordinate with and provide information to the DHS 
CRCL Officer on matters related to civil rights and civil 
liberties. To improve transparency regarding CRCL findings, at 
the conclusion of any investigation conducted by CRCL, the 
investigatory report is required to be submitted to Congress 
without any prior comment or amendment by the Secretary, Deputy 
Secretary, or any other officer or employee of the Department, 
unless the DHS CRCL Officer seeks such comment.

                  Background and Need for Legislation

    DHS personnel interact with millions of people from across 
the country and around the world every day. Therefore, it is 
imperative that the DHS Office for Civil Rights and Civil 
Liberties be better integrated in the policymaking process and 
Departmental operations. Under current law, the DHS CRCL 
Officer is authorized to assist the Secretary, directorates, 
and offices of the Department in developing and implementing 
Department policies and procedures to ensure that the 
protection of civil rights and civil liberties is appropriately 
incorporated into programs and activities, but in practice, 
CRCL has not always been provided an opportunity to weigh in on 
DHS' programs and policies that clearly impact individuals' and 
communities' civil rights and civil liberties. Specifically, 
the Committee learned that CRCL received no information from 
the Department before the controversial travel ban was 
implemented in January 2017.\1\ A former CRCL official has 
reported that CRCL was also not consulted when DHS instituted 
family separation at the southern border.\2\
---------------------------------------------------------------------------
    \1\Letter to Rep. Yvette D. Clarke from DHS Inspector General John 
Roth (March 20, 2017), https://www.documentcloud.org/documents/3522287-
DHS-Investigation.html. The letter states that CRCL attempted to 
initiate an investigation into the implementation of Executive Order 
(EO) #13769, indicating that CRCL was not involved prior to the 
implementation.
    \2\Shuchart, Scott, ``Careless cruelty: Civil servants said 
separating families was illegal. The administration ignored us,'' The 
Washington Post (Oct. 25, 2018), https://www.washingtonpost.com/news/
posteverything/wp/2018/10/25/feature/civil-servants-said-separating-
families-was-illegal-the-administration-ignored-us/.
---------------------------------------------------------------------------
    The ``Department of Homeland Security Office of Civil 
Rights and Civil Liberties Authorization Act'' seeks to enhance 
CRCL operations within DHS by clarifying that the DHS CRCL 
Officer is charged with integrating civil rights and civil 
liberties into all Department programs and activities and by 
establishing CRCL officers within each of the Department's 
operational components. The designation of component-level CRCL 
officers should improve coordination among the components and 
CRCL Office at DHS Headquarters on matters with CRCL 
implications. The Committee is concerned that components may 
fail to share information with CRCL in a timely manner whether 
the requested information is regarding an investigation of a 
complaint or compliance with Equal Employment Opportunity (EEO) 
requirements. Components are not required to respond to CRCL 
information requests or recommendations for remedial actions 
within any set timeframes. CRCL and DHS components often 
negotiate turnaround times, but these agreements may be 
ignored, which could lead to lengthy delays in resolving 
complaints. When CRCL and a component disagree, there is 
currently no formal method for escalating and resolving the 
dispute at the secretarial level. H.R. 4713 attempts to rectify 
this issue by authorizing CRCL access to all Department records 
necessary to carry out its work and to issue subpoenas, as 
necessary and subject to the approval of the Secretary, to non-
federal entities.
    Finally, for the work of CRCL to be effective, increased 
transparency and independence is necessary. Presently, CRCL's 
annual reports contain summaries of the investigations 
conducted within that year but do not contain any of the 
recommendations made by CRCL. Additionally, the Committee has 
learned that the annual reports are far less informative than 
are the reports written at the conclusion of a review, 
assessment, inspection or investigation, which are not made 
public.\3\ H.R. 4713 seeks to enhance CRCL's effectiveness and 
ensure accountability by requiring that investigative reports 
and reviews of Department programs be made publicly available 
and submitted to Congress without any prior comment or 
amendment by the Secretary, Deputy Secretary, or any other 
officer or employee of the Department, unless the CRCL Officer 
seeks such comment.
---------------------------------------------------------------------------
    \3\Shuchart, Scott, ``Building Meaningful Civil Rights and 
Liberties Oversight at the U.S. Department of Homeland Security,'' The 
Center for American Progress (April 2019), https://
cdn.americanprogress.org/content/uploads/2019/03/28064808/DHS-Civil-
Rights-Oversight-report1.pdf.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of section 103(i) of H. Res 6. of the 
116th Congress, the following hearings were used to develop 
H.R. 4713:
           On March 26, 2019, the Committee held a 
        hearing entitled ``The Department of Homeland 
        Security's Family Separation Policy: Perspectives from 
        The Border.'' The Committee received testimony from 
        Jennifer Podkul, Director of Policy, Kids in Need of 
        Defense; Michelle Brane, Director for Migrant Rights 
        and Justice, Women's Refugee Commission; Julie M. 
        Linton, Co-Chair, Immigrant Health Special Interest 
        Group, American Academy of Pediatrics; and Tim Ballard, 
        Founder and CEO, Operation Underground Railroad.
           On April 30, 2019, the Committee held a 
        hearing entitled ``The Impacts of Trump Policies on 
        Border Communities.'' The Committee received testimony 
        from Jon Barela, Chief Executive Officer, The 
        Borderplex Alliance; Efren Olivares, Racial and 
        Economic Justice Director, Texas Civil Rights Project; 
        Mark Seitz, Most Reverend Bishop, Catholic Diocese of 
        El Paso, Texas, U.S. Conference of Catholic Bishops; 
        and Mark Napier, Sheriff of Pima County, Southwestern 
        Border Sheriff's Coalition.
           On June 4, 2019, the Committee held a 
        hearing entitled ``Perspectives on TSA's Policies to 
        Prevent Unlawful Profiling.'' The Committee received 
        testimony from W. William Russell, Acting Director, 
        Homeland Security and Justice Team, U.S. Government 
        Accountability Office; Sim J. Singh, Senior Manager of 
        Policy & Advocacy, The Sikh Coalition; and Janai 
        Nelson, Associate Director-Counsel, NAACP Legal Defense 
        and Educational Fund, Inc.
           On July 10, 2019, the Committee held a 
        hearing entitled ``About Face: Examining the Department 
        of Homeland Security's Use of Facial Recognition and 
        Other Biometric Technologies.'' The Committee received 
        testimony from John Wagner, Deputy Executive Assistant 
        Commissioner, Office of Field Operations, U.S. Customs 
        and Border Protection, U.S. Department of Homeland 
        Security; Austin Gould, Assistant Administrator, 
        Requirements and Capabilities Analysis, Transportation 
        Security Administration, U.S. Department of Homeland 
        Security; Joseph R. DiPietro, Chief Technology Officer, 
        United States Secret Service, U.S. Department of 
        Homeland Security; and Charles H. Romine, Director, 
        Information Technology Laboratory, National Institute 
        of Standards and Technology, U.S. Department of 
        Commerce.

                        Committee Consideration

    The Committee met on October 23, 2019, with a quorum being 
present, to consider H.R. 4713 and ordered the measure to be 
reported to the House with a favorable recommendation, with 
amendments, by unanimous consent.
    The following amendments were offered:
    An amendment offered by Mr. Rogers.
    Page 2, line 21, insert ``protections'' after ``civil 
liberties''.
    Page 2, line 25, insert ``, procedures,'' after 
``policies''.
    Page 2, line 26, insert ``relating to civil rights and 
civil liberties'' after ``Department''.
    Page 3, line 2, insert ``relating to civil rights and civil 
liberties'' after ``technical assistance''.
    Page 3, line 8, insert ``at the Department'' after ``civil 
liberties''.
    Page 3, line 12, insert ``inspections,'' after 
``assessments,''.
    Page 3, line 14, insert ``relating to civil rights and 
civil liberties'' after ``Department''.
    Page 4, line 18, insert ``report and'' before ``redress''.
    Page 4, after line 22, insert the following:

    ``(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, 
                allegations, and information to the Inspector 
                General of the Department.
                  (B) Inspector general responsibilities.--
                          (i) Determination and notification.--
                        Not later than 30 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.

    Page 4, line 23, strike ``(c)'' and insert ``(d)''.
    Page 5, line 11, strike ``Office or'' and insert 
``Office,''.
    Page 5, line 12, insert ``, or any other action taken'' 
before the period.
    Page 5, line 20, strike ``and''.
    Page 5, after line 20, insert the following: (C) shall not 
include any personally identifiable information related to any 
individual involved in such investigation; and
    Page 5, line 21, strike ``(C)'' and insert ``(D)''.
    Page 5, line 24, strike ``COMPOENENTS'' and insert 
``COMPONENTS''.
    Page 6, after line 2, insert the following:

          (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.

    Page 6, line 3, strike ``(d)'' and insert ``(e)''.
    Page 6, line 10, strike ``report'' and insert ``coordinate 
with and provide information''.
    Page 6, line 11, insert ``on matters related to civil 
rights and civil liberties within the components''.
    Page 6, line 12, strike ``(e)'' and insert ``(f)''.
    Page 6, line 13, strike ``shall''.
    Page 6, line 14, insert ``shall'' before ``have access''.
    Page 6, line 18, insert ``and'' after the semicolon.
    Page 6, beginning on line 19, strike paragraphs (2) and (3) 
and insert the following:

          (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.

    Page 7, line 7, strike ``(f)'' and insert ``(g)''.
    Page 7, beginning on line 12, strike ``without any prior 
comment or amendment by the Secretary, Deputy Secretary, or any 
other officer or employee of the Department,''.
    An amendment offered by Ms. Jackson Lee.
    Add at the end of the bill the following:

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.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 4713.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4713 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 4713, as amended, seeks to 
improve the effectiveness of CRCL to ensure DHS preserves 
individual's rights and liberties, fairness, and equality while 
carrying out its mission. The bill will enhance CRCL's 
operations by requiring a CRCL officer to be designated within 
each operational component to coordinate with and provide 
information to the DHS CRCL Officer on matters related to civil 
rights and civil liberties and grant the DHS CRCL Officer more 
authority to investigate potential civil rights and civil 
liberties abuses. H.R. 4713 also directs CRCL to provide to any 
individual who makes a complaint notice of the receipt of such 
a complaint within 30 days and requires direct reporting to 
Congress on completed investigations and publication of such 
reports.

                          Advisory on Earmarks

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule 
XXI.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that the bill 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

    This section amends section 705 of the Homeland Security 
Act of 2002 to authorize an Office for Civil Rights and Civil 
Liberties (CRCL) within the Department of Homeland Security and 
clarify that the head of such office is the Officer for Civil 
Rights and Civil Liberties, who shall report directly to the 
Secretary of Homeland Security.
    This section requires the Officer to 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;
    (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 or information 
should be investigated by the Inspector General;
    (7) initiate reviews, assessments, inspections, and 
investigations 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 of the Department 
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 regarding such programs, 
policies, and procedures;
    (9) lead the equal employment opportunity programs of the 
Department, including complaint management and adjudication, 
and promote workforce diversity and merit system principles;
    (10) make publicly available through accessible 
communications channels, including the website of the 
Department, information on the responsibilities and functions 
of, and how to contact, the Officer and reports that are issued 
by the Officer upon completion of investigations; and
    (11) engage with individuals and communities whose civil 
rights and civil liberties may be affected by DHS programs and 
activities, including by informing such individuals and 
communities about report and redress processes and advising 
Department leadership and personnel on concerns raised by such 
individuals and communities.
    For the officer to adequately carry out these 
responsibilities, the Committee expects Department and 
component leadership to consult with CRCL prior to the adoption 
and issuance of policies, directives, or regulations and 
provide the DHS CRCL Officer adequate time to properly advise 
on potential civil rights and civil liberties impacts of such 
policies, directives, or regulations. The Committee expects the 
same of Department and component leadership prior to the 
establishment of Department programs and activities. 
Consequently, the Committee expects more frequent issuance of 
CRCL impact assessments of the activities undertaken by DHS and 
its components.
    The Committee expects the DHS CRCL Officer to proactively 
self-initiate reviews, assessments, inspections, and 
investigations of the administration of programs and activities 
by the Department to assess civil rights and civil liberties 
implications in addition to being responsive to complaints 
filed or concerns raised by members of the public. As CRCL 
experienced a 20 percent increase in complaints received during 
Fiscal Year 2018, the Committee expects CRCL to identify and 
track trends in complaints and adequately respond to such 
trends.\4\ Regarding onsite visits and inspections conducted by 
CRCL, the Committee expects CRCL to have the capacity to do 
follow-on visits and inspections to ensure compliance with 
recommendations issued at the conclusion of initial visits and 
inspections. The Committee expects the Department to submit a 
budget request to provide adequate resources to ensure that 
CRCL achieves and maintains such oversight capacity.
---------------------------------------------------------------------------
    \4\DHS CRCL Budget Briefing Documents provided to Committee Staff 
(April 4, 2019).
---------------------------------------------------------------------------
    This section clarifies that before the DHS CRCL Officer 
initiates any investigation relating to any matter regarding 
complaints filed by members of the public, information 
indicating possible abuses of civil rights or civil liberties 
at the Department, and the administration of the programs and 
activities by the Department relating to civil rights and civil 
liberties, the CRCL Officer must refer the matter and all 
related complaints, allegations, and information to the 
Inspector General of the Department. This section requires the 
Inspector General, not later than 30 days after the receipt of 
a referred matter, to make a determination regarding whether 
the Inspector General intends to initiate an audit or 
investigation of the referred matter and notify the CRCL 
Officer of such determination. If the Inspector General 
notifies the CRCL Officer that the Inspector General intends to 
initiate an audit or investigation, the Inspector General is 
required to initiate such audit or investigate by not later 
than 90 days after providing such notification or notify, not 
later than three days after the end of the 90-day period, the 
CRCL Officer that such audit or investigation was not 
initiated. If the Inspector General provides the latter 
notification or notifies the CRCL Officer that the Inspector 
General does not intend to initiate an audit or investigation 
relating to a referred matter, the CRCL Officer is authorized 
to investigate such matter.
    This section also authorizes the CRCL Officer to assist the 
Inspector General, upon request, on any investigation or audit 
initiated by the Inspector General based on a referral from 
CRCL.
    The Committee believes that there are opportunities for the 
Inspector General to involve CRCL in investigations of shared 
interest and that such investigations would benefit from such 
collaboration.
    Additionally, this section directs CRCL to provide to any 
individual who makes a complaint notice of the receipt of such 
a complaint within 30 days and inform the complainant of the 
determination of the CRCL Officer regarding the initiation of a 
review, assessment, or investigation within CRCL, a referral to 
the Inspector General of the Department, or any other action 
taken.
    This section requires that, in the case of any 
investigation initiated by the CRCL Officer, the CRCL Officer 
produce a report that includes findings and recommendations. 
The report shall be made publicly available and shall not 
include any personally identifiable information related to any 
individual involved in such investigation. The report may 
include a classified appendix, as the CRCL Officer determines 
appropriate. The CRCL Officer is required to transmit a copy of 
each report produced at the conclusion of an investigation to 
the Secretary, head(s) of the relevant operational 
component(s), and to Congress. The reports to Congress 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.
    The Committee expects that, in the case of findings or 
recommendations, Department and component leadership may wish 
to issue responses to such findings or recommendations. 
However, the Committee expects CRCL to maintain and exert 
operational independence and therefore expects that findings 
and recommendations are not influenced or amended in any shape 
or form by any non-CRCL officer or employee of the Department.
    This section requires the head of each operational 
component to designate a CRCL officer within its respective 
component to coordinate with and provide information to the 
CRCL Officer of the Department on matters related to civil 
rights and civil liberties. Additionally, this section 
authorizes the CRCL Officer to access all Department records 
necessary to carry out the CRCL Officer's work and to issue 
subpoenas, as necessary and subject to the approval of the 
Secretary, to non-federal entities and administer to or take 
from any person an oath, affirmation, or affidavit, when 
necessary. Lastly, this section requires the CRCL Officer to 
submit to the President and Congress an annual report setting 
forth the activities of CRCL for the prior year, including 
information on diversity and Equal Employment Opportunity (EEO) 
activities. The report must, among other items, include a 
description of all recommendations the CRCL Officer made to 
senior DHS leadership in the prior year, along with the status 
of each recommendation.
    Regarding the CRCL Officer's authorization to access to 
information, the Committee expects such access to include, as 
appropriate, legal analyses related to civil rights and civil 
liberties implications of programs and policies of the 
Department produced within the Department. As it relates to the 
annual report, the Committee expects the inclusion of 
Department diversity demographic data and expects such data to 
be made publicly available on the website of the Department.

Sec. 3. Comptroller General review

    This section requires the Comptroller General of the United 
States to submit a report to Congress on DHS CRCL's efforts to 
carry out the responsibility of engaging with individuals and 
communities whose civil rights and civil liberties may be 
affected by DHS programs and activities, including by informing 
such individuals and communities about report and redress 
processes and advising Department leadership and personnel on 
concerns raised by such individuals and communities.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.

           *       *       *       *       *       *       *


                          TITLE VII--MANAGEMENT

Sec. 701. Under Secretary for Management.
     * * * * * * *
[Sec. 705. Establishment of Officer for Civil Rights and Civil 
          Liberties.]
Sec. 705. Officer for civil rights and civil liberties.

           *       *       *       *       *       *       *


TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *


SEC. 705. [ESTABLISHMENT OF] OFFICER FOR CIVIL RIGHTS AND CIVIL 
                    LIBERTIES.

  [(a) In General.--The Officer for Civil Rights and Civil 
Liberties, who shall report directly to the Secretary, shall--
          [(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;
          [(2) make public through the Internet, radio, 
        television, or newspaper advertisements information on 
        the responsibilities and functions of, and how to 
        contact, the Officer;
          [(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.
          [(b) Report.--The Secretary shall submit to the 
        President of the Senate, the Speaker of the House of 
        Representatives, and the appropriate committees and 
        subcommittees of Congress on an annual basis a report 
        on the implementation of this section, including the 
        use of funds appropriated to carry out this section, 
        and detailing any allegations of abuses described under 
        subsection (a)(1) and any actions taken by the 
        Department in response to such allegations.]
  (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.
          (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 or information should be investigated by 
        the Inspector General.
          (7) Initiate reviews, assessments, inspections, and 
        investigations 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, and promote workforce diversity and 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 Officer; 
                and
                  (B) reports that are issued by the Officer 
                upon completion of investigations carried out 
                pursuant to paragraph (6) 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 any 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, 
                allegations, and information to the Inspector 
                General of the Department.
                  (B) Inspector general responsibilities.--
                          (i) Determination and notification.--
                        Not later than 30 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) 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).

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    H.R. 4713 reauthorizes and expands the authorities of the 
Office of Civil Rights and Civil Liberties (CRCL) at the 
Department of Homeland Security (DHS). The bill outlines the 
responsibilities of the CRCL, including ensuring compliance by 
DHS and its components with the Constitution, as well as 
implementing laws and regulations related to civil rights and 
civil liberties.
    The bill, as amended, is intended to give CRCL authorities 
that are comparable to the authorities of the DHS Privacy 
Office. The amendment offered by Ranking Member Mike Rogers (R-
AL) and adopted in Committee included several provisions to 
ensure that the authority granted CRCL was not more expansive 
than that of the DHS Privacy Office.
    The Rogers amendment included a provision to ensure that 
the new authority granted CRCL would not be used to engage in 
duplicative activities or investigations. DHS has numerous 
offices engaged in investigating violations of the civil rights 
of individuals. To ensure these offices coordinate to avoid 
wasteful duplicative investigations, the Rogers amendment 
requires CRCL to inform the Office of the Inspector General 
(OIG) prior to starting an investigation and receive 
confirmation that OIG will not conduct its own investigation on 
the matter.
    H.R. 4713 also grants CRCL access to DHS documents on 
programs and operations, provides it with subpoena powers, and 
the authority to administer an oath or take an affidavit. The 
Rogers amendment requires the Secretary to approve the use of 
subpoena authority and the authority to administer oaths. 
Committee Republicans believe these authorities should be 
exercised only in the rarest of circumstances and only after 
approval by the Secretary. We expect that DHS and its 
components would view cooperation with CRCL as standard 
operating procedure and provide relevant documents when 
requested. However, in utilizing the authority provided, CRCL 
must respect generally accepted exceptions to document 
production.
    Finally, the bill also requires the issuance of a report 
after an investigation and an annual report on the activities 
of CRCL. The Rogers amendment requires that personally 
identifiable information be protected in the report of an 
investigation. It also allows for comment by the Secretary and 
the components on the activity report of CRCL. Although an 
investigative report does not require comment from DHS or its 
components, we expect CRCL would seek the guidance of the 
Secretary and the components whenever possible during an 
investigation to ensure it is conducted in a fair and equitable 
manner.
    The Committee received informal views and technical 
drafting assistance on H.R. 4713 from DHS, but not with 
sufficient time to fully adjudicate them. While the Rogers 
amendment addresses most of the issues raised by DHS, Committee 
Republicans encourage the majority to work with the Department 
to address outstanding issues.
    This legislation, as amended, is not intended to 
significantly broaden the authority of CRCL. It is merely 
intended to grant CRCL the authorities necessary to conduct 
meaningful inquiries into abuses of civil rights and civil 
liberties within DHS.

                                                       Mike Rogers.

                                  [all]