CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division Gwendolyn King DHS Civil Rights Disbursement Review Compliance Form United States Coast Guard 2703 Martin Luther King Jr. Ave. SE Washington, DC 20593

TITLE VI AND COMPLIANCE AGENDA Federal Financial Assistance (FAA) Assurance Agreements Compliance Reporting Compliance Assessment Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

Federal Financial Assistance (FAA) TITLE VI COMPLIANCE Federal Financial Assistance (FAA) Grants and loans Grants/donation of Federal Property Detail of Federal Personnel Sale, Lease, or Permission to Use Federal Property Any Federal Contract for the Provision of Assistance Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

TITLE VI COMPLIANCE Assurance Agreements Acknowledgement by Grantees to comply with applicable Civil Rights laws prior to or as a condition of disbursement of funds Contractual Obligations Applies to Direct Recipients and Sub-recipients Includes Language Assistance for Limited English speaking public* SUB-RECIPIENT – Entities to whom Federal Financial Assistance is extended through another recipient, and does not received financial assistance directly from DHS. Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

Compliance Reporting TITLE VI COMPLIANCE Complete Civil Rights Disbursement Review Compliance Form and return it to the Department of Homeland Security (DHS) Every two years Within thirty (30) days of receipt of the Award or, for State Administering Agencies, thirty (30) days from receipt of form from DHS Submission of form, including supporting materials, is required to meet compliance requirements Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

Compliance Reporting (Continued) TITLE VI COMPLIANCE Compliance Reporting (Continued) State Administering Agencies Form becomes part of the Grant application process. Submit form plus required data with 30 days of receipt to DHS Provide required data every 2 years Non-Profits Submit form plus required data to DHS with 30 days of receipt of Notice of Award. Sub-Recipients Not required to complete and submit form; however, they have the same compliance obligations as their primary recipients. Puts applicant on notice what is required, when, and how often Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

Compliance Reporting (Continued) TITLE VI COMPLIANCE Compliance Reporting (Continued) What Data is required? Brief description of any complaints or lawsuits alleging discrimination during last 5 years. Brief description of any civil rights compliance reviews, agency conducting reviews, and findings during the 2-year period before the DHS award. List of other federal agencies from whom you receive Federal Financial Assistance and whether agencies have found noncompliance in Civil Rights requirements. Copy of complaint process As you look at the list of required data required this slide and the next, what you will find is that compliance reporting focus is not on whether you have had complaints or lawsuits alleging discrimination; Instead compliance reporting focuses on whether: 1. Is your policy is known to the public? 2. Do you have a collaborative process (complaint process) in place to address allegations of discrimination? 3. Do you utilize the collaborative process to resolved the issues raised? 4. Have you have identified staff, by name and position, as the person to contact to address allegations of discrimination? 5. How do you determine whether Sub-recipients are meeting these compliance reporting requirements? Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

Compliance Reporting (Continued) TITLE VI COMPLIANCE Compliance Reporting (Continued) What Data is required? Affirm that Staff has been designated to coordinate and carry out compliance requirement for Civil Rights laws and provide a list of staff and the Civil Rights Laws they coordinate and enforce. Provide copies of policies pertaining to nondiscrimination, Individuals with Disabilities, and Limited English Proficiency (LEP) Copy of plan to ensure Sub-Recipient compliance with Civil Rights Laws. Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

Compliance Reporting (Continued) TITLE VI COMPLIANCE Compliance Reporting (Continued) Compliance Resources Information on obligations regarding nondiscrimination on the basis of race, color, and national origin: http://www.dhs.gov/title-vi-overview-recipients-dhs-financial-assistance Information on obligations regarding persons with Limited English Proficiency (LEP): http://dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited Information on obligation regarding Individuals with Disabilities: http://www.dhs.gov/disability-access-department-homeland-security With the implementation of the Civil Right Disbursement Review Compliance Form, collection of required data and compliance assessment will likely begin with FY 17 disbursement of funds. I am passing around a sign up sheet. Please list your contact and I will provided periodic updates to progress toward implementions Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

Compliance Assessment TITLE VI COMPLIANCE Compliance Assessment Implementation When is Implementation? What will the Assessment consist of? How often will they be conducted? What is the current status? With the implementation of the Civil Right Disbursement Review Compliance Form, collection of required data and compliance Assessment visits will likely begin with FY 17 disbursement of funds. Assessment will essentially be a Show and Tell driven by a checklist. DHS is in the process of developing the checklist. The Checklist will be published to Grantees upon implementation of the compliance data reporting requirements. The Civil Rights Disbursement Compliance Review Form and data collection requirement are approved by DHS legal council and is currency under review at the Federal Privacy Act Office to determine if there are any PII implication associated with the collection of complaint data. PII - Personally identifiable information (PII) is any data that could potentially identify a specific individual. Any information that can be used to distinguish one person from another and can be used for de-anonymizing anonymous data. Please send the name of your designated staff responsible to coordinate and enforce the Civil Rights law and I will provided periodic updates on progress toward implementation. Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

? TITLE VI COMPLIANCE CIVIL RIGHTS DIRECTORATE Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

How to contact me: TITLE VI COMPLIANCE Gwendolyn A. King Equal Employment Manager Civil Rights Directorate United States Coast Guard 2703 Martin Luther King Jr. Ave. SE Washington, DC 20593 O:(202) 372-4596; F:(202) 372-8303 gwendolyn.a.king@uscg.mil Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

Backups TITLE VI COMPLIANCE CIVIL RIGHTS DIRECTORATE Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

NOTE: Must be referenced in nondiscrimination policy. TITLE VI COMPLIANCE Civil Rights Laws Title VI of the Civil Rights Act of 1964 Section 504 of the Rehabilitation Act of 1963 Title IX of the Education Amendments Act of 1972 Age Discrimination Action of 1975 NOTE: Must be referenced in nondiscrimination policy. Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division

TITLE VI COMPLIANCE Case Law No person includes undocumented immigrants. The Supreme Court upheld in 1982, in Phyler vs Doe that undocumented immigrants are considered persons under the equal protection and due process clauses of the 5th and 14th Amendment of the Constitution. Unclassified | Civil Rights Disbursement Review Compliance Form | CG-00H-11 | Presenter: Gwendolyn King CIVIL RIGHTS DIRECTORATE Compliance and Procedures Division