Federal Register #0945-AA29

HHS Amends Title VI Regulations to Remove Disparate Impact Provisions

This notice announces a regulatory change by the U.S. Department of Health and Human Services (HHS) regarding Title VI of the Civil Rights Act of 1964. - HHS is amending its Title VI regulations to remove provisions that impose liability based on disparate impact. - The change clarifies that Title VI prohibits only intentional discrimination, not facially neutral policies without discriminatory intent. - The rule aligns HHS regulations with the statutory text of the Civil Rights Act and Executive Order 14281. - The action is intended to address constitutional concerns and reduce compliance costs and uncertainty for recipients of federal financial assistance. - No procurement of products or services is involved; no OEMs, vendors, or purchase quantities are mentioned. - The rule affects recipients of HHS federal financial assistance but does not request or require any goods or services.

Description

The U.S. Department of Health and Human Services amends its Title VI regulations to remove provisions imposing liability based on disparate impact. These changes align the regulations with the statutory text of Title VI, address constitutional concerns, reduce compliance costs and uncertainty for recipients, and conform to Executive Order 14281. The amendments clarify that Title VI prohibits only intentional discrimination and permits facially neutral policies without discriminatory intent. The rule is effective July 24, 2026.

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