Agency Title VI Regulatory Updates

Agency Title VI Regulatory Updates

The Environmental Protection Agency Withdraws its Notice of Proposed Rulemaking:

 

On December 29, 2016 the Environmental Protection Agency (EPA) issued a notice to withdraw publication of its proposed rule (go.usa.gov/x9UBp) to amend its nondiscrimination regulation, 40 C.F.R. Part 7, implementing Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1972, Section 13 of the Federal Water Pollution Control Act Amendments of 1972, and the Age Discrimination Act of 1975. The proposed rule was intended to address compliance information requirements, post-award reviews, complaint investigations, and strict deadlines for agency action.

After consideration of all comments received on the proposed rule, including several adverse comments regarding the proposal to remove numeric deadlines from the administrative complaint processing regulations, EPA decided not to publish the proposed amendments as a final rule. Instead, EPA plans to achieve prompt, efficient, and effective docket management by implementing and evaluating its internal procedural guidance documents and accountability measures. EPA has stated that its withdrawal of this proposed rulemaking does not foreclose the initiation of future rulemaking to amend its nondiscrimination regulation after further evaluation of its internal guidance and accountability measures.

Department of Treasury Publishes Final Rule Implementing Title VI:

 

On December 13, the U.S. Department of the Treasury issued its final rule (go.usa.gov/x9UB8) implementing the nondiscrimination provisions of Title VI for all its federally assisted programs and activities. The promulgation of this final regulation will provide guidance to Treasury’s recipients of federal financial assistance on complying with Title VI and is intended to promote consistent and appropriate enforcement of Title VI by Treasury’s components. Through this final rule, Treasury also notifies beneficiaries of its federally assisted programs of the protections against discrimination based on race, color, and national origin. The final rule is effective as of January 12, 2017. Additionally, on December 19, Treasury issued a notice regarding the relationship between the Low Income Housing Tax Credit and the Fair Housing Act (Revenue Ruling 2016-29, perma.cc/9WKZ-9WKB).

Department of Labor Publishes Nondiscrimination Regulation:

 

On December 2, DOL issued the final rule (go.usa.gov/x9UBZ) of the nondiscrimination regulation implementing the Workforce Innovation and Opportunity Act (WIOA). Section 188 of WIOA incorporates the nondiscrimination prohibitions of Title VI and clarifies the obligations of recipients of federal financial assistance to provide access to services for LEP individuals. See the Agency Spotlight section for more information on WIOA.