Federal Register #2026-13860

Department of State Rescinds Disparate Impact Provisions in Title VI Regulations

This notice announces a regulatory update from the United States Department of State regarding Title VI of the Civil Rights Act of 1964. - The Department is rescinding portions of its Title VI regulations that previously prohibited unintentional disparate impact. - The update clarifies that only intentionally discriminatory conduct is prohibited under Title VI, aligning with the statutory text and Executive Order 14281. - The Department will no longer pursue disparate-impact liability against recipients of federal funding. - No procurement of goods or services is involved in this action. - No OEMs, vendors, or specific products are mentioned. - The change primarily affects grant programs and recipients of federal financial assistance, not procurement activities.

Description

The Department of State amends its regulations implementing Title VI of the Civil Rights Act of 1964 to align more closely with the statutory text and to conform to Executive Order 14281. This final rule rescinds portions of the Department's Title VI regulations that prohibit unintentional disparate impact, which are in tension with the statute and Constitution. The rule clarifies that the Department will not pursue Title VI disparate-impact liability against federal funding recipients. The rule is effective July 9, 2026.

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