In Comments, NAICU Takes Issue with Dept. of Energy’s Rulemaking Process on Civil Rights

NAICU submitted written comments on a series of civil rights rules that the Department of Energy is seeking to finalize via an unusual rulemaking process.

Buried among a list of over three dozen rules published by the Department on the same day last month were five brief notices amending various civil rights regulations under the agency’s jurisdiction. Collectively, these amendments would make subtle but significant changes in the Department’s regulations governing nondiscrimination in federally funded programs, including rules issued pursuant to Title IX, Title VI, the Rehabilitation Act, and the Age Discrimination Act.

The atypical process the Department followed included issuing four of the five regulations as direct final rules. In general, direct final rules, which bypass the statutorily mandated notice-and-comment rulemaking process, are reserved for non-controversial regulatory amendments. Such rules are designed to take effect unless a significant adverse comment is received during the comment period.

NAICU’s comments request that the Department withdraw the direct final rules and reissue the regulations following the proper notice-and-comment rulemaking process in order to fully consider stakeholder concerns.

Like all federal agencies, the Department of Energy maintains nondiscrimination regulations in compliance with federal civil rights laws, although only a small number of colleges and universities that receive grants from the Department are affected.

For more information, please contact:
Jody Feder