Department of Homeland Security Officer for Civil Rights and Civil Liberties Act

Bill Number

H.R. 2901

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Civil Rights and Liberties, Minority Issues

Status

Introduced

Latest Action

2025-04-10: Referred to the Subcommittee on Oversight, Investigations, and Accountability.

Last Updated

2025-05-15T15:57:22Z

AI-Generated Summary

Purpose

This legislation, titled the "Department of Homeland Security Officer for Civil Rights and Civil Liberties Act," aims to strengthen the role and support for the Officer for Civil Rights and Civil Liberties within the Department of Homeland Security (DHS). It focuses on improving oversight of civil rights and liberties in DHS operations, such as immigration enforcement, border security, and disaster response, by clarifying the Officer's appointment and providing dedicated resources.

Key Provisions

• Appointment Clarification: The Officer must be appointed under a specific section of the Homeland Security Act (section 103(d)(3)), which outlines senior executive service positions, and reports directly to the DHS Secretary.
• Staff and Resource Assignment: The DHS Secretary is required to assign permanent staff and resources to the Officer to help fulfill duties, such as investigating complaints, reviewing policies, and recommending improvements to protect civil rights and liberties.

Significant Changes to Existing Law

• Amends Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) by inserting language in subsection (a) to explicitly reference the appointment process, ensuring the Officer is a high-level appointee.
• Redesignates the existing subsection (b) as (c) and adds a new subsection (b) mandating the assignment of permanent personnel and resources— a new requirement not previously specified, which previously relied on ad-hoc support.

These changes formalize and enhance the independence and capacity of the Office without altering its core responsibilities.

Potential Impacts

• On Government Agencies: DHS will need to allocate dedicated staff and budget, potentially improving internal accountability for civil rights issues but requiring administrative adjustments.
• On Citizens: Individuals affected by DHS actions (e.g., immigrants, travelers, or those in disaster zones) may benefit from more effective investigations and policy reviews, leading to better protection against discrimination or rights violations.
• On International Relations: Minimal direct impact, though stronger civil rights oversight could enhance the U.S. image in global human rights discussions, particularly regarding border and immigration policies.

Main Stakeholders Affected

• DHS Leadership and Employees: The Secretary and agency components must comply with staffing requirements and cooperate with the Officer.
• Officer for Civil Rights and Civil Liberties: Gains formal support, enabling more robust performance of duties.
• Civil Rights Advocates and Communities: Groups monitoring DHS for bias or overreach (e.g., immigrant rights organizations, privacy advocates) stand to benefit from improved oversight.
• General Public: Particularly those interacting with DHS programs, such as visa applicants or security screening participants.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces statutory mechanisms for civil rights enforcement within DHS, aligning with broader federal laws like the Civil Rights Act by mandating resource support, which could reduce legal challenges over inadequate oversight.
• Constitutional: Supports First and Fourteenth Amendment protections by bolstering checks on government actions that might infringe on free speech, due process, or equal protection, without introducing new constitutional controversies.
• Political: Introduced by a bipartisan group of House members and referred to the Homeland Security Committee, it signals cross-party interest in accountability amid debates over DHS policies; passage could set a precedent for resourcing similar offices in other agencies, though it may face scrutiny over added federal spending.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Thompson, Bennie G. [D-MS-2]

Cosponsors (10)

Rep. Swalwell, Eric [D-CA-14], Rep. Thanedar, Shri [D-MI-13], Rep. Magaziner, Seth [D-RI-2], Rep. Goldman, Daniel S. [D-NY-10], Rep. Ramirez, Delia C. [D-IL-3], Rep. Kennedy, Timothy M. [D-NY-26], Rep. McIver, LaMonica [D-NJ-10], Rescom. Hernández, Pablo [D-PR-At Large], Rep. Carter, Troy A. [D-LA-2], Rep. Garcia, Robert [D-CA-42]

Recent Actions

• 2025-04-10: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
• 2025-04-10: Referred to the House Committee on Homeland Security.
• 2025-04-10: Introduced in House
• 2025-04-10: Introduced in House

Bill Versions

• Department of Homeland Security Officer for Civil Rights and Civil Liberties Act — issued 2025-04-10 — PDF (2 pages)