FY 2017 FMCSA APPLICANT TITLE VI PROGRAM COMPLIANCE PLAN V.docx

FMCSA APPLICANT TITLE VI PROGRAM COMPLIANCE PLAN

CHECKLIST

Purpose

Each FMCSA Applicant is responsible for submitting a Title VI Program Compliance Plan to the FMCSA Office of Civil Rights within the stipulated application timeframe for a sufficiency review. All Office of Civil Rights comments must be addressed prior to the issuance of the Grant. If the Applicant has developed one or more of the required items for another Federal Funding Agency and this item or items are deemed by the Applicant to meet FMCSA requirements, the Applicant may include the item or items in the Title VI Program Compliance Plan submission.

Title VI Program Compliance Plan: Elements

· Policy Statement – The Policy Statement will include the following:

· Applicant’s commitment to comply with 49 C.F.R. part 21 and 49 C.F.R. part 303;

· Identify an Agency-wide Title VI Program Coordinator;

· Reference the Title VI Program Assurance;

· Delegate sufficient responsibility and authority to the Title VI Program Coordinator and Bureau/Division/Office Managers to effectively implement the Agency’s Title VI Program; and

· Be signed by the Applicant’s CEO.

· FMCSA Title VI Program Assurance – Insert the CEO-signed Title VI Program Assurance here.

· Description of Federal-Aid Programs – The applicant will describe the Federal-Aid Program for which it is applying for funding and will identify how this Program impacts members of the Public. This will include the benefits or services that will be provided by the Program to members of the Public and especially how minority groups are beneficiaries of the Program.

· Notification to Beneficiaries/Participants – This includes written documents (i.e., Plans, Reports, pamphlets, brochures, etc.), information posted on websites, and posters provided on-site. The Applicant will detail its Title VI Program obligations and notify members of the Public of the protections against discrimination afforded to them by Title VI Program requirements:

· Dissemination Of Information: The Applicant should disseminate this information to members of the Public via accessible printed and electronic media, including posting on the Applicant’s website; and

· Contents Of Notification: At a minimum, the Notification should include the following–

1. Statement that the Applicant operates the Program(s) without regard to race, color, national origin, sex, age, or disability, including income-level and LEP;

2. Identify procedures to be followed by members of the Public to request additional information regarding the Applicant’s Nondiscrimination obligations; and

· Identify procedures to be followed by members of the Public to file a discrimination complaint against the Applicant, to include the name of a contact representative, address, and telephone number/e-mail address.

· Sub-Recipient Compliance Reports – If an Applicant intends to or is presently providing Federal funding to another entity, the Applicant is responsible for monitoring how the entity (i.e., Sub-Recipient of Federal funding) is effectively implementing Title VI Program requirements. This section should detail how the following:

· How the Applicant identifies Sub-Recipients;

· How does the Applicant ensure that Sub-Recipients understand their Title VI Program responsibilities;

· How the Applicant intends to or is already monitoring the effective implementation of Sub-Recipient Title VI Program requirements (i.e., how will or does the Applicant determine the number of Sub-Recipient reviews to conduct annually, whether the review is composed of a Desk Audit and how the Applicant determines when and how often to conduct On-Site visits, how doe s the Applicant determine that the Sub-Recipient is in compliance, and how does the Applicant ensure that the Sub-Recipient eliminates discrimination once identified);

· Will or does the Applicant require periodic reporting, Program Plans, Title VI Program Assurances, identification of a Title VI Program Coordinator, etc., from Sub-Recipients.

· Training – Please identify how the Applicant conducts periodic Title VI Program training to Applicant personnel, to include using the Title VI Program Policy Statement, power-point presentation, etc., how often, and by whom.

· Access to Records – An Applicant is responsible for ensuring that all records relating to the effective implementation of Title VI Program requirements are expected to be available for review by the FMCSA. The Applicant should describe how these documents are made available to FMCSA staff either through periodic submission and/or upon request by FMCSA staff. This should also include documents required for compliance reviews and/or complaint investigations conducted by the FMCSA.

· Complaint Disposition Process -- The Applicant is responsible for implementing timely and effective Title VI Program Complaint Disposition procedures. The Applicant should define a minimum number of steps to be followed by Applicant staff to include complaint disposition (including intake), investigation planning and conducting the investigation, writing the Report of investigation, and ultimate disposition of the complaint. This will include complaints filed against the Applicant and against Sub-Recipients of the Applicant. Sample documents should be included or referenced in this section. The Applicant shall maintain a Title VI Complaint Log to include the following information: name of complainant, identification by demography (i.e., race, color, national origin, etc.), allegation(s), complaint date, date of Report of Investigation, determination made and date, and any other relevant information as deemed appropriate. The Applicant shall make the Complaint Log available to the FMCSA upon request.

· Status of Corrective Actions Implemented by Applicant to Address Deficiencies Previously Identified During a Title VI Program Compliance Review – If the Applicant has previously been reviewed by FMCSA OCR or other Federal Agency and deficiencies were identified, the Applicant will reference the Title VI Program Compliance Review Report, will identify the deficiencies, and will provide a status regarding the progress made to develop and implement corrective actions to address the deficiencies. If the compliance review was conducted by another Federal Agency, please provide a copy of the Report.

June 13, 2016