118 STAT. 3867 PUBLIC LAW 108–458—DEC. 17, 2004 Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection SEC. 8301. SHORT TITLE. This subtitle may be cited as the ‘‘Homeland Security Civil Rights and Civil Liberties Protection Act of 2004’’. SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY. Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)(1)) is amended— (1) in subparagraph (F), by striking ‘‘and’’ after the semi- colon; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following: ‘‘(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and’’. SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 345(a)) is amended— (1) by amending the matter preceding paragraph (1) to read as follows: ‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Lib- erties, who shall report directly to the Secretary, shall—’’; (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 Depart- ment;’’; (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ‘‘(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protec- tion of civil rights and civil liberties is appropriately incor- porated into Department programs and activities; ‘‘(4) oversee compliance with constitutional, statutory, regu- latory, 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 pos- sible 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 Gen- eral.’’. Homeland Security Civil Rights and Civil Liberties Protection Act of 2004. 6 USC 101 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00401 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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