Civil Rights Requirements for Recipients of Federal Funds
Title VI of the Civil Rights Act of 1964
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Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 20d to 2000d-7 (Title VI) is a federal law that prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance (e.g., states, universities, local governments). Title VI itself prohibits intentional discrimination.
The United States Supreme Court has ruled, however, that Title VI authorizes federal agencies, including EPA, to implement agency regulations that prohibit discriminatory effects as well as intentional discrimination.The U.S. Department of Justice (DOJ) oversees implementation of Title VI throughout the federal government, including the development of Title VI regulations and guidance.
In 1973, EPA issued Title VI implementing regulations in close consultation with DOJ. These regulations require EPA's Office of Civil Rights (OCR) to process and review administrative complaints filed under Title VI.
Frequently, discrimination results from policies and practices that are neutral on their face, but have the effect of discriminating. Facially-neutral policies or practices that result in discriminatory effects violate EPA's Title VI regulations unless it is shown that they are justified and that there is no less discriminatory alternative.
How does Title VI relate to EPA’s mission of ensuring human and environmental health and welfare? (top)
EPA funds state and local environmental programs that, in turn, make permitting and enforcement decisions. Some of these decisions have given rise to the Title VI complaints filed with EPA since the first one in 1992. EPA is firmly committed to continuing its work with community leaders, state and local governments, and businesses to facilitate economic redevelopment while ensuring strong protections of public health and the environment and basic civil rights.
What kinds of discrimination does Title VI prohibit? (top)
Title VI itself prohibits intentional discrimination. In addition, the Supreme Court has stated that Title VI authorizes agencies to adopt implementing regulations that also prohibit actions that have discriminatory effects. EPA’s Title VI implementing regulations cover both intentional discrimination and actions that have discriminatory effects.
How is the public involved with Title VI implementation at EPA? (top)
EPA's OCR has a responsibility to evaluate Title VI complaints in a fair and balanced way. To ensure full public awareness of EPA's approach to these complaints, EPA released its Interim Guidance for Investigating Title VI Administrative Complaints Challenging Permits in February 1998. The Interim Guidance outlines an internal process for how OCR expects to process and investigate Title VI administrative complaints involving EPA recipient's permitting actions.
The Interim Guidance provided a starting point to open up a dialogue and bring together business leaders, community leaders, and state and local officials to help shape policies. To facilitate this process, Administrator Browner established a Title VI Implementation Advisory Committee-- comprised of state and local officials, tribal representatives, businesses, environmental justice groups, and others-- to suggest approaches for EPA recipients that address Title VI concerns early in development decisions.
EPA published two draft Title VI guidance documents in the Federal Register on June 27, 2000 for public comment. The first document is the Draft Title VI Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs ("Draft Recipient Guidance"). The Draft Recipient Guidance was written at the request of the states and is intended to offer suggested to assist state and local recipients in developing approaches and activities to address potential Title VI concerns.
The second document is entitled the Draft Revised Guidance for Investigating Title VI Administrative Complaints Challenging Permits ("Draft Revised Investigation Guidance"). This guidance document describes a framework for OCR's processing of complaints that allege discrimination in the environmental permitting context. Public comments were also accepted for this document through August 28, 2000.
Does Title VI apply to Tribes? (top)
Executive order 13084 (issued May 14, 1998) also directs agencies to consult with tribes prior to the development of policies that significantly or uniquely affect their communities. In 1999, EPA engaged in a consultation process with federally recognized tribes, which included a letter to Tribal Leaders requesting their views on Title VI implementation issues. http://www.epa.gov/indian/newexec.htm
Does Title VI protect people with limited English proficiency? (top)
Yes. In addition, on August 11, 2000, President Clinton signed Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency. The Executive Order requires Federal agencies to examine the services they provide, identify any need for services to limited English proficient (LEP) persons, and develop and implement a plan to provide those services so that LEP persons can have meaningful access to them. The Executive Order also requires Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.
How do I enforce Title VI involving EPA-funded agencies? (top)
Under EPA's Title VI implementing regulations found at 40 C.F.R. Part 7, EPA-funded agencies are prohibited from permitting actions that are intentionally discriminatory or have a discriminatory effect based on race, color, or national origin. Title VI discrimination complaints may be filed with the Federal agency that provided the financial assistance.
EPA's Office of Civil Rights (OCR) is responsible for the Agency's administration of Title VI. All Title VI administrative complaints are processed and investigated by OCR. To file a complaint alleging a violation of Title VI or EPA's Title
VI regulations, you should submit a written, signed, and dated statement that: (1) provides an avenue for the Office of Civil Rights to contact you; (2) describes an alleged discriminatory act that, if proven true, may violate EPA's Title VI regulations; (3) is filed within 180 days of the alleged discriminatory act; and (4) identifies a recipient of EPA financial assistance that allegedly committed a discriminatory act.
You can search the EPA Grants Information system to identify direct (but not indirect) recipients of EPA financial assistance.
You should mail your complaint to Director, Office of Civil Rights, US EPA, Mail Code 1201A, 1200 Pennsylvania Ave NW, Washington, D.C. 20460, or you may send it via facsimile (FAX) to (202) 501-1836. If you fax your complaint, you must also mail a signed copy within the180-day time period.
What is the difference between EJ and Title VI of the Civil Rights Act of 1964? (top)
In July 1964, Congress passed the Civil Rights Act of 1964, which included Title VI. In February 1994, President Clinton issued Executive Order12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.
There are several basic differences between EPA's responsibilities under Title VI and under Executive Order 12898:
- generally calls on each federal agency to achieve "environmental justice ... by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations...."
- applies to federal agency actions, including EPA's, and directs agencies, to the extent permitted by law, to identify and address, as appropriate, disproportionately high and adverse human health or environmental effects on minority populations and low-income populations.
- is a directive from the President of the United States to federal agencies intended to improve the internal management of the federal government.
- establishes the Administration's policy on environmental justice; it is not enforceable in court and does not create any rights or remedies.
- makes EPA's Office of Environmental Justice and Regional environmental justices offices, such as Region 10's OCREJ, responsible for ensuring that EPA's actions are in compliance with the Executive Order.
- prohibits recipients of federal financial assistance (e.g., states, universities, local governments) from discriminating on the basis of race, color, or national origin in their programs or activities.
- is a federal law that applies to federal financial assistance recipients (i.e., persons or entities that receive EPA financial assistance) and not to EPA itself as the Executive Order does.
- allows persons to file administrative complaints with the federal departments and agencies that provide financial assistance alleging discrimination based on race, color, or national origin by recipients of federal funds.
- states EPA’s responsibility to ensure that its funds are not being used to subsidize discrimination based on race, color, or national origin. This prohibition against discrimination under Title VI has been a statutory mandate since 1964 and EPA has had Title VI regulations since 1973.
Does EPA represent the recipient or the complainant in the investigatory process? (top)
Neither. During a Title VI investigation EPA represents the interests of the Federal government by ensuring that recipients of EPA financial assistance meet the nondiscrimination obligations required under Title VI and EPA’s Title VI implementing regulations. Therefore, EPA represents neither the recipients nor the complainants in an investigation.
Will EPA consider evidence submitted by recipients or complainants during an investigation? (top)
Yes. EPA encourages recipients and complainants to provide information or documents such as data analysis and studies for review and consideration by OCR.
Does compliance with existing Federal and state environmental regulations constitute compliance with Title VI? (top)
A recipient’s Title VI obligation exists independent from Federal or state environmental laws governing its permitting program. Recipients may have policies and practices that are compliant with Federal or state regulations but that have discriminatory effects (such as an adverse disparate impact) on certain populations based on race, color, or national origin, and are therefore noncompliant with Title VI.
What is informal resolution and how does it impact a Title VI investigation? (top)
Informal resolution methods may include a recipient attempting to resolve the complaint directly with the complainant, before EPA makes a finding concerning a Title VI allegation. This process may also incorporate formal alternative dispute resolution (ADR) approaches, or the use of third party mediators, to help identify and resolve complainants’ concerns. EPA encourages the use of informal resolution methods to resolve Title VI complaints.
What happens to a facility’s permit during an EPA investigation of a Title VI complaint? (top)
The filing or acceptance for investigation of a Title VI complaint will not suspend or reverse an issued permit, since EPA’s Title VI investigation process is focused on the actions of recipients, not of permit applicants.