; (ii) employed by the Department of Justice; and (iii) independent of— (I) any division or unit within the Department of Justice that has people in its care or custody or engages in any prosecuting activities; (II) any other Federal agency; and (III) any prosecuting entity. (D) Department of Homeland Security For all placement hearings involving placement in facilities operated by or contracting with U.S. Immigration and Customs Enforcement, the Department of Homeland Security, or U.S. Customs and Border Protection for incarcerating people in the care or custody of those facilities or entities, the neutral decision maker shall be— (i) appointed by the Officer for Civil Rights and Civil Liberties; (ii) employed by the Department of Homeland Security; and (iii) independent of— (I) the Office for Civil Rights and Civil Liberties; (II) any division or unit within the Department of Homeland Security that has people in its care or custody or engages in any prosecuting activities; (III) any other Federal agency; and (IV) any prosecuting entity. (E) Department of Health and Human Services For all placement hearings involving placement in facilities operated by or contracting with the Department of Health and Human Services for incarcerating people in the care or custody of those facilities or entities, the neutral decision maker shall be— (i) appointed by the Director of the Office for Civil Rights; (ii) employed by the Department of Health and Human Services; and (iii) independent of— (I) the Office for Civil Rights; (II) any division or unit within the Department of Health and Human Services that has people in its care or custody; (III) any other Federal agency