CIVIL RIGHTS COMPLIANCEin

FEDERAL FINANCIAL ASSISTANCE PROGRAMS

Jacqueline JacksonSenior Attorney-Advisor

Office of the SolicitorDepartment of the Interior

President John F. Kennedy, 1963

“Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.”

The Law

No person in the United States shall, on the ground of race, color, or national origin, age, sex, or disability be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d, et seq

Section 504 of the Rehabilitation Act of 1973 29 U.S.C. 794

Title II of the Americans with Disabilities Act

Age Discrimination Act of 1975 42 U.S.C. 6101 et seq

Title IX of the Education Amendments of 1972 20 U.S.C. 1681 et seq

EO 13166 – Limited English Proficiency

DOI Financial Assistance Related Civil Rights Regulations

• Title VI – 43 CFR Part 17– Subpart A – Nondiscrimination on the basis of race, color, or

national origin– Subpart B – Nondiscrimination on the basis of handicap– Subpart C – Nondiscrimination on the basis of age

• Title VI Special Regs – 43 CFR 4.800• Title IX of the Education Amendments of 1972 – 43 CFR

41.100 – DOI grant-related regulation covering recipients of Federal financial assistance

DOI Financial Assistance Related Civil Rights Regulations

• Outer Continental Shelf Lands Act Amendments 43 U.S.C. 1863; 30 CFR 270.1

• Office of Surface Mining Procedures – 43 CFR 4.1200• Trans Alaska Pipeline – 43 CFR 27.1• Alaska Natural Gas Transportation - 43 CFR 34.4• Mineral Development Impact Relief Loans 43 CFR

1882.5-7• Fish and Wildlife Service 31 CFR 3.1

American Recovery and Reinvestment Act

The Executive Branch shall distribute Recovery Act funds in accordance with all anti-discrimination and equal opportunity statutes, regulations, and Executive Orders that apply to the expenditure of funds under Federal contracts, grants, cooperative agreements, loans, and other forms of Federal assistance.

Federal Assistance

• Grant• Cooperative Agreement• Loan• Contract (other than a

procurement contract or contract of insurance or guaranty)

• Other: funds, Federal personnel, real and personal property

Federal Financial Assistance Includes

• Training• Provision of valuable services at less

than market value• Commodities/personal property• Use of interest in land/real property • Other arrangements with the intent of

providing assistance

Recipients of Federal Awards/Funds

• State Government• Local Government• Territories and Possessions• Indian Tribal Governments• Non-profit Organizations and

Institutions• Private Individuals

Assurances Required

• An applicant for Federal financial assistance for a program or activity shall provide assurances that the program will be operated in compliance with the regulations. OMB Circular A-102

• Must comply with all Federal statutes relating to nondiscrimination. 453 C.F.R. 174

DOI Delegation

The Office of Civil Rights is responsible for all civil rights, equal opportunity and diversity functions in the DOI– Compliance Reviews– Complaint Investigations– Technical Assistance– Public Notification

43 CFR 17.7(b) Pre-Award Compliance Review Based on:

• Failure to provide assurance of civil rights compliance

• Based on prior knowledge of complaints, civil rights problems, or unequal access

• Coordination with Bureau Program Official/Grants Officer

• Sufficient Notification to Recipient

Post Award Compliance Reviews43 CFR 17.5

• Coordination with Bureau Program Official/Grants Officer• Sufficient notification to the Recipient• Access to Recipient Records and Documents• Onsite inspections of facilities, programs, services and

their availability to all• Interviews with program beneficiaries, representatives of

local civil rights organizations, civic leaders, local government human rights officials

Public Notification

To communicate to the public:– the commitment to nondiscrimination– the right to program participation– the procedures for filing civil rights complaints

Assistance to Recipients

• Technical assistance on compliance issues• Training on civil rights laws and

implementation strategies• Improvement of practices and procedures

Non-Compliance with Civil Rights Laws

• Termination or refusal to grant or to continue financial assistance

• Secretary or designee must advise applicant or recipient of failure to comply

• Determination made that compliance cannot be secured through voluntary means

• An express finding on the record, after a hearing, of non-compliance (hearing by Office of Hearings and Appeals)

• Approval by the Secretary• Written report to the House and committee of the Senate

having jurisdiction over the program supporting finding (30 days)

In Operating a Federally Assisted Program, a recipient cannot:

• Deny program services, aids, or benefits

• Provide different services, aids, or benefits, or provide them in a manner different than they are provided to others

• Treat an individual differently from others in determining whether he/she satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition

• Segregate or separately treat individuals in any matter related to the receipt of any service, aid or benefit

A recipient cannot: (cont)

• Treat an individual differently from others in determining whether he/she satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition

• Restrict an individual in any way from enjoyment of any advantage or privilege enjoyed by others

• Deny an individual an opportunity to participate in the program through provisions of services

• Deny a person the opportunity to participate as a member of a planning or advisory body

Civil Rights Complaints

• Filed with the Director, Office of Civil Rights or the Department of Justice, Civil Rights Compliance Division

• Investigation by Bureau EO Offices• Compliance sought through Informal and Voluntary

Means• Alternative Dispute Resolution

Questions?