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The Department intends to remove the regulation under Title VI of the 1964 Civil Rights Act that utilizes a disparate impact theory of race-based discrimination, to align Department regulations with Supreme Court precedent that requires Title VI violations to rest upon intentional discrimination, to otherwise ensure compliance with constitutional and statutory requirements, and to remove outdated materials.

Statement of Need:

The Department is rescinding portions of its regulations promulgated pursuant to Title VI, 42 U.S.C. 2000d-1, to more closely align its regulations to apply to the intentionally discriminatory conduct that Congress prohibited when enacting Title VI statute, 42 U.S.C. 2000d and to ensure its regulations comply with Executive Order 14821, Restoring Equality of Opportunity and Meritocracy, issued on April 23, 2025.

Summary of the Legal Basis:

The Department is rescinding portions of its regulations pursuant to Title VI, 42 U.S.C. 2000d-1.
Executive Order 14281 requires federal agencies to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the Constitution, federal civil rights laws, and basic American ideals.

Alternatives:

This will be discussed in the action taken by the agency that is published in the Federal Register.

Anticipated Costs and Benefits:

This will be discussed in the action taken by the agency that is published in the Federal Register.

Risks:

This will be discussed in the action taken by the agency that is published in the Federal Register.