Federal Register #2026-15778

NSF Revises Title VI Regulations to Prohibit Only Intentional Discrimination

This notice announces a regulatory update from the National Science Foundation (NSF) regarding Title VI of the Civil Rights Act of 1964 for federally assisted programs. - Government Buyer: - National Science Foundation (NSF) - No OEMs, vendors, or commercial products/services are mentioned - Key Regulatory Changes: - Revises NSF's Title VI regulations to prohibit only intentional discrimination in federally assisted programs - Rescinds provisions that previously prohibited unintentional disparate impact discrimination - Aligns NSF's regulations with recent Department of Justice (DOJ) rules and the statutory text of Title VI - Aims to reduce compliance costs and address constitutional concerns - Recipients of NSF grants and contracts must maintain compliance information for inspection - No procurement of goods or services is requested in this notice - No product or service line items are included

Description

The U.S. National Science Foundation (NSF) is revising its regulations implementing Title VI of the Civil Rights Act of 1964 to align with the statute's text, avoid constitutional concerns, reduce compliance costs, and ensure consistency with recent Department of Justice rules. The final rule rescinds portions of NSF's regulations that prohibit unintentional disparate impact discrimination, clarifying that only intentional discrimination is prohibited. The rule is effective August 4, 2026, and aims to maintain clarity and public confidence in civil rights laws while ensuring NSF's regulations are consistent with other federal agencies.

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