§ 345. Establishment of Officer for Civil Rights and Civil Liberties

Statutory text

In general

The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—

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;

make public through the Internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer;

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;

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;

coordinate 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

Congress receives appropriate reports regarding such programs, policies, and procedures; and

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2002
Homeland Security Act of 2002
Pub. L. 107–296 title VII § 705 · 116 Stat. 2135
Enacted · 6 U.S.C. § 345
Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219
Source evidence
Code source credit
Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219
Enacted provision · exact public law section
SEC. 705. ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. (a) In General.— The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall— (1) review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and (2) make public through the Internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer. (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.
2004
Homeland Security Civil Rights and Civil Liberties Protection Act of 2004
Pub. L. 108–458 § 8303(1) · 118 Stat. 3638
Amended · 6 U.S.C. § 345(a)
Pub. L. 108–458, § 8303(1), reenacted heading without change and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall—”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 108–458, § 8303(1), reenacted heading without change and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall—”.
Enacted provision · exact public law section
(1) by amending the matter preceding paragraph (1) to read as follows: “(a) In General.— The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—” ;
2004
Homeland Security Civil Rights and Civil Liberties Protection Act of 2004
Pub. L. 108–458 § 8303(2) · 118 Stat. 3638
Amended · 6 U.S.C. § 345(a)(1)
Pub. L. 108–458, § 8303(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 108–458, § 8303(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and”.
Enacted provision · exact public law section
(2) by amending paragraph (1) to read as follows: “(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;” ;
2004
Homeland Security Civil Rights and Civil Liberties Protection Act of 2004
Pub. L. 108–458 § 8303(3) · 118 Stat. 3638
Added · 6 U.S.C. § 345(a)(3)(6)
Pub. L. 108–458, § 8303(3), (4), added pars. (3) to (6)
Source evidence
Code amendment note
Subsec. (a)(3) to (6). Pub. L. 108–458, § 8303(3), (4), added pars. (3) to (6).
Enacted provision · exact public law section
(3) in paragraph (2), by striking the period at the end and inserting a semicolon; and

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments

2004—Subsec. (a). Pub. L. 108–458, § 8303(1), reenacted heading without change and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall—”.

Subsec. (a)(1). Pub. L. 108–458, § 8303(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and”.

Subsec. (a)(3) to (6). Pub. L. 108–458, § 8303(3), (4), added pars. (3) to (6).

Credits

2002–2004 · 2 acts

2002Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219
2004Pub. L. 108–458, title VIII, § 8303, Dec. 17, 2004, 118 Stat. 3867.

Show as published

(Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, § 8303, Dec. 17, 2004, 118 Stat. 3867.)