Federal Register #3135-AA37; 3136-AA48; 3137-AA30

Final Rule Amending Title VI Regulations – No Procurement Involved

This regulatory action from the National Foundation on the Arts and the Humanities addresses Title VI compliance for federal funding recipients. - Government buyer: - National Foundation on the Arts and the Humanities - National Endowment for the Arts - National Endowment for the Humanities - Institute of Museum and Library Services - Federal Council on the Arts and the Humanities - No OEMs or vendors are involved; this is not a procurement or award opportunity - No products or services are requested - Unique requirements: - The rule eliminates disparate-impact liability under Title VI, clarifying that only intentional discrimination is prohibited - Aligns regulations with statutory text and Supreme Court interpretations - Intended to reduce compliance costs, regulatory confusion, and constitutional concerns for recipients of federal financial assistance - No contract vehicles, products, or services are associated with this action

Description

This final rule amends the National Foundation on the Arts and the Humanities' regulations implementing Title VI of the Civil Rights Act of 1964 to eliminate disparate-impact liability. The amendments align the prohibited conduct with the statutory text, avoid constitutional concerns, reduce compliance costs, and serve the public interest. The rule rescinds portions of the regulations that prohibit unintentional disparate impact, clarifying that only intentional discrimination is prohibited. These changes are consistent with Executive Order 14281 and aim to reduce regulatory confusion and costs for federal funding recipients.

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