Memorandum for the Heads of Executive Departments and Agencies on Enforcement of Title VI of the Civil Rights Act

Memorandum for the Heads of Executive Departments and Agencies
Title VI of the Civil Rights Act of 1964 writes into law a concept which is basic to our country--that the government of all the people should not support programs which discriminate on the grounds of race, color, or national origin. There are no exceptions to this rule; no matter how important a program, no matter how urgent the goals, they do not excuse violating any of our laws---including the laws against discrimination.

This Administration will enforce Title VI. This means, first, that each of you must exert firm leadership to ensure that your department or agency enforces this law.

Second, there must be central guidance and oversight of Title VI enforcement. Executive Order 11764 places with the Attorney General the responsibility for coordinating Title VI enforcement and for approving rules, regulations and orders which departments or agencies issue under Title VI. I want the Attorney General to work closely with each of you to help you make sure that your department or agency is doing an effective job, and I have asked him to give this matter a high priority. The Department of Justice will shortly be contacting each department and agency to determine what action has been taken to comply with the Attorney General's Title VI regulations. You should insist that your staff cooperate fully with the Department of Justice staff as they carry out this task and their other responsibilities under the Executive Order.

Finally, as you know, Title VI was intended to provide an administrative mechanism for insuring equal treatment in Federal programs. Consequently, administrative proceedings leading to fund terminations are the preferred method of enforcing Title VI, and this sanction must be utilized in appropriate cases. There may be some instances, however, where litigation is in order. You must make sure such cases are referred to the Department of Justice. The effective use of the sanctions provided by Title VI is an essential element of this Administration's effort to guarantee that Federal funds do not flow to discriminatory programs.

JIMMY CARTER