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The Department of Homeland Security and its agency, FEMA, are updating their civil rights regulations to match a new rule from the Department of Justice. The change removes language that previously prohibited federal funding recipients from policies that unintentionally harm specific racial or ethnic groups.

Why it matters: This changes how state, local, and tribal governments must handle civil rights compliance when applying for FEMA grants or other DHS funding. Recipients no longer need to prove their policies do not have a disparate impact on protected groups, only that they did not intentionally discriminate. It simplifies the legal standard but removes a layer of protection against racially unequal outcomes caused by neutral rules.

Who it affects

  • State and local emergency management agencies

This rule was issued by the Federal Emergency Management Agency under the Department of Homeland Security; readers should check the full text in the Federal Register for specific regulatory citations before relying on this summary.

Agency: Homeland Security Department, , Federal Emergency Management Agency
Source: Federal Register — read the official document

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