Legal Authorities for the Office for Civil Rights and Civil Liberties

The authority under which the Office for Civil Rights and Civil Liberties (CRCL) supports the Department comes from a variety of legal sources, such as statutes passed by Congress, executive orders signed by the President, and directives and delegations issued by the Secretary of Homeland Security.

Statutes

• 6 U.S.C. § 111; Section 101, Homeland Security Act of 2002 (as amended) - Department of Homeland Security Mission
  Requires that the Department ensure that civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland.
• 6 U.S.C. § 113; Section 103, Homeland Security Act of 2002 (as amended) - Other Officers
  The Officer for Civil Rights and Civil Liberties is appointed by the President.
• 6 U.S.C. § 345; Section 705, Homeland Security Act of 2002 (as amended) - Establishment of Officer for Civil Rights and Civil Liberties
  This statute authorizes the Officer to investigate complaints, provide policy advice to Department leadership and components on civil rights and civil liberties issues, and communicate with the public about CRCL and its activities. The statute also requires coordination with the Privacy Office and Inspector General, and directs CRCL to submit an annual report to Congress.
• 42 U.S.C. § 2000ee-1; Section 803, The Implementing Recommendations of the 9/11 Commission Act of 2007 - Privacy and Civil Liberties Officers
  Provides additional authority to investigate complaints, review Department activities and programs for their civil liberties impact, and communicate with the public about CRCL and its activities. This statute also ensures CRCL access to information and individuals needed to carry out its functions, forbids reprisal against complainants, requires general coordination with the Inspector General, and directs the Officer for Civil Rights and Civil Liberties to report, quarterly, to Congress.

Regulations

• 6 C.F.R. Part 15: Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Department of Homeland Security.
  Learn more: Section 504 of the Rehabilitation Act of 1973
• 6 C.F.R. Part 17: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.
  Learn more: Title IX of the Educational Amendments Act of 1972
• 6 C.F.R. Part 21: Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving Federal Financial Assistance from the Department of Homeland Security.
  Learn more: Title VI of the Civil Rights Act of 1964
• 29 C.F.R. § 1614: Federal Sector Equal Employment Opportunity

Executive Orders

• Executive Order 11478 (as amended by EO 11590, 12106, 13087, and 13152)
  Prohibits federal employment discrimination on the basis of race, color, religion, sex, national origin, handicap, age, sexual orientation, or status as a parent
• Executive Order 12898 
  Concerns federal actions to address environmental justice in minority populations and low-income populations
• Executive Order 13107 
  Concerns implementation of human rights treaties relevant to agency functions
• Executive Order 13145 
  Prohibits federal employment discrimination on the basis of protected genetic information
• Executive Order 13163 
  Directs federal agencies to increase employment opportunities for individuals with disabilities, and to submit a plan to do so to the Office of Personnel Management within 60 days
• Executive Order 13164 
  Requires federal agencies to establish procedures to facilitate the provision of reasonable accommodation, and to submit a plan to do so to the Equal Employment Opportunity Commission within one year
• Executive Order 13166 
  Requires federal agencies to improve "meaningful access" to services for persons with limited English proficiency
• Executive Order 13256 
  President's board of advisors on historically black colleges and universities; CRCL reporting and planning for the Department
• Executive Order 13270
  Tribal colleges and universities; CRCL reporting and planning for the Department
• Executive Order 13347 
  Concerns individuals with disabilities in emergency preparedness; establishes the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities, describes the Council's functions and reporting requirements
• Executive Order 13515 
  Increasing participation of Asian Americans and Pacific Islanders in federal programs

Directives and Delegations

• Delegation 19003
  From Secretary to Officer to fulfill responsibilities under Title VII of the Homeland Security Act of 2002 and for matters involving civil rights, civil liberties, and equal employment opportunity (October 26, 2012)
• Directive 3500
  Unifies responsibilities of the Officer; Clarifies Department of Homeland Security execution of Section 705 of the Homeland Security Act of 2002; Establishes role of Office of Chief Counsel for Civil Rights and Civil Liberties within CRCL (May 19, 2004)
• Directive 4010.2
  Establishes Section 508 Project Management Office and policy for electronic and information technology accessibility; CRCL to ensure compliance with Section 508 Compliance process within Components, advocate for 508 Compliance (Oct. 26, 2005)
• Delegation 19000
  From Officer to Deputy Officer for Equal Employment Opportunity (EEO) Programs to perform functions as directed (Aug. 1, 2006)
• Delegation 19002
  From Secretary to Officer to integrate and manage civil rights/civil liberties and EEO programs throughout the Department (Feb. 4, 2008)
• Delegation 19001
  From Officer to Deputy Officer for Programs and Compliance to perform functions with respect to complaints filed under Section 504 of the Rehabilitation Act of 1973 (Feb. 28, 2008)