Federal Register #2026-12139

USDA Amends Title VI Regulations to Eliminate Disparate-Impact Liability

This notice announces a regulatory update from the U.S. Department of Agriculture (USDA), Office of the Secretary, regarding Title VI of the Civil Rights Act of 1964: - The USDA is amending its Title VI regulations (7 CFR part 15) to eliminate disparate-impact liability - Aligns USDA policy with the Department of Justice and Executive Order 14281 - The revised regulation now prohibits only intentional discrimination by recipients of federal financial assistance - No products, services, OEMs, or vendors are involved, as this is a regulatory action - The change is intended to reduce compliance costs, address constitutional concerns, and clarify nondiscrimination requirements for federal funding recipients - No procurement, purchase quantities, or part numbers are included in this notice

Description

This final rule by the U.S. Department of Agriculture (USDA) amends its regulations implementing Title VI of the Civil Rights Act of 1964 to eliminate disparate-impact liability. The amendments align USDA's regulations with the original public meaning of the statute, avoid constitutional concerns, reduce compliance costs, and serve the public interest. The revisions also conform to Executive Order 14281, which aims to eliminate the use of disparate-impact liability in all contexts. The rule clarifies that USDA's Title VI regulations prohibit only intentional discrimination and will not pursue disparate-impact liability against federal funding recipients.

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