presidential appointment of an Officer for Civil Rights and Civil Liberties (Officer)
II. Background
The Department of Homeland Security’s (DHS) mission is to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and way of life can thrive. In order to maximize its effectiveness, DHS seeks to have an exemplary Equal Employment Opportunity (EEO) program. DHS was established through the Homeland Security Act of 2002, Pub. L. No. 107–296, (http://www.dhs.gov/xlibrary/assets/hr_5005_enr.pdf), and Section 103(d)(5) of the Act provides for the presidential appointment of an Officer for Civil Rights and Civil Liberties (Officer). On June 5, 2003, the Secretary of Homeland Security delegated authority to the Officer to lead the Department’s EEO Programs and Diversity Initiative, and on August 1, 2006, the Officer re-delegated this responsibility to the Deputy Officer for EEO and Diversity Programs, in CRCL.
CRCL resides within the Office of the Secretary, and provides technical and policy advice to Department leadership on civil rights and civil liberties issues. The Officer, by statute, reports directly to the Secretary and assists senior leadership in shaping policy in ways that protect, rather than diminish, the personal liberties of all persons protected by our laws. In accordance with 6 U.S.C. § 345 and 42 U.S.C. § 2000ee-1, CRCL’s mission is to support DHS as the Department secures the Nation while preserving individual liberty, fairness, and equality under the law. CRCL is involved in all of the Department’s missions and performs four key functions to integrate civil rights and civil liberties into Department activities:
1. Advising Department leadership, personnel and partners about civil rights and civil liberties issues, ensuring respect for civil rights and civil liberties in policy decisions and implementation of those decisions.
2. Communicating with individuals and communities whose civil rights and civil liberties may be affected by Department activities, informing them about policies and avenues of redress, and promoting appropriate attention within the Department to their experiences and concerns.
3. Investigating and resolving civil rights and civil liberties complaints filed by the public regarding Department policies or activities, or actions taken by Department personnel.
4. Leading the Department’s EEO programs and promoting workforce diversity and merit system principles.
CRCL provides Departmental guidance and standards for establishing and maintaining effective programs for diversity management and EEO, as required under both Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000(e) et seq., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq., the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq., the Equal Pay Act of 1963 (EPA), 29 U.S.C. § 206 (d)(1) et seq., and the Genetic Information Nondiscrimination Act of 2008 (GINA), (Pub. L. No. 110-233). To meet this objective, the Deputy Officer for EEO and Diversity Programs and her staff develop policies and plans, deliver training, conduct oversight, adjudicate EEO complaints, and submit annual reports to stakeholders including Congress, the White House Initiatives Offices, the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), and OPM.
