Sec. 401. Officer for civil rights and civil liberties

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The Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall be granted primary jurisdiction over all matters relating to the review, implementation, and oversight of the requirements of this Act. Section 705 of the Homeland Security Act of 2002 ( 6 U.S.C. 705 ) is amended— in subsection (a), by striking paragraph

(6)and inserting the following: investigate complaints and information indicating possible abuses of civil rights or civil liberties by employees and officials of the Department or that are related to Departmental activities unless the Inspector General of the Department determines that such a complaint or such information should be investigated by the Inspector General and, using the information gained by such investigations, make recommendations to the Secretary and directorates, offices, and other components of the Department for improvements in policy, supervision, training, and practice related to civil rights or civil liberties, or for the relevant office to review the matter and take appropriate disciplinary or other action; and review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by law enforcement agencies receiving grants or assistance from the Department of Homeland Security. ; by redesignating subsection

(b)as subsection (e); and by inserting after subsection

(a)the following: The head of each directorate, office, or component of the Department and the head of any other executive agency shall ensure that the directorate, office, or component provides the Officer for Civil Rights and Civil Liberties with speedy access, and in no event later than 30 days after the date on which the directorate, office, or component receives a request from the Officer, to any information determined by the Officer to be relevant to the exercise of the duties and responsibilities under subsection

(a)or to any investigation carried out under this section, whether by providing relevant documents or access to facilities or personnel. In carrying out the duties and responsibilities under subsection

(a)or as part of an investigation carried out under this section, the Officer for Civil Rights and Civil Liberties may require by subpoena access to— any institution or entity outside of the Federal Government that is the subject of or related to an investigation under this section; and any individual, document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording or other media, or quality assurance report relating to any institution or entity outside of the Federal Government that is the subject of or related to an investigation under this section. A subpoena issued under this subsection shall— bear the signature of the Officer for Civil Rights and Civil Liberties; and be served by any person or class of persons designated by the Officer or an officer or employee designated for that purpose. In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the institution, entity, or individual is located may issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as contempt of that court. Any material obtained under a subpoena issued under this subsection— may not be used for any purpose other than a purpose set forth in subsection (a); may not be transmitted by or within the Department for any purpose other than a purpose set forth in subsection (a); and shall be redacted, obscured, or otherwise altered if used in any publicly available manner to the extent necessary to prevent the disclosure of any personally identifiable information. .

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6 USC 705

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Sec. 401

Officer for civil rights and civil liberties

Cite6 USC 705

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