Base
Rule2026-149832026-07-24

Nondiscrimination in Federally Assisted Programs of the Department of Defense-Effectuation of Title VI of the Civil Rights Act of 1964; Amendment

Defense Department

Abstract

This rule amends DoD regulations to eliminate disparate-impact liability. These amendments align DoD's regulations with Title VI and current DoD policy, avoid constitutional concerns, and serve the public interest. By reducing regulatory burden, they also minimize compliance costs and ensure appropriate stewardship of taxpayer dollars. In addition, these revisions conform to Executive Order 14281. Finally, this rule also makes minor technical updates to correct outdated provisions.

Action & Dates

Action
Final rule.
Dates
This rule is effective on July 24, 2026.
Effective Date
2026-07-24

CFR References

Topics

Administrative practice and procedureCivil rightsEqual employment opportunityGrant programs

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Defense 32 CFR Part 195 [Docket ID: DOD-2026-OS-0595] RIN 0790-AM02 AGENCY: Office of the Under Secretary of War for Personnel and Readiness, Department of Defense (DoD). ACTION: Final rule. SUMMARY: This rule amends DoD regulations to eliminate disparate-impact liability. These amendments align DoD's regulations with Title VI and current DoD policy, avoid constitutional concerns, and serve the public interest. By reducing regulatory burden, they also minimize compliance costs and ensure appropriate stewardship of taxpayer dollars. In addition, these revisions conform to Executive Order 14281 . Finally, this rule also makes minor technical updates to correct outdated provisions. DATES: This rule is effective on July 24, 2026. FOR FURTHER INFORMATION CONTACT: Lauren Lafaye-Benson at 703-571-9287; email: lauren.e.lafaye-benson.civ@mail.mil . SUPPLEMENTARY INFORMATION: I. Background DoD is amending its regulations implementing Title VI, 42 U.S.C. 2000d-1 , to more closely align them to the statute, which prohibits intentionally discriminatory conduct, see 42 U.S.C. 2000d . There are serious statutory and constitutional concerns with DoD's current Title VI regulations because the current regulations go beyond intentional discrimination by prohibiting conduct that has an unintentional disparate impact. This rule accordingly rescinds those portions of the regulations, which are in considerable tension with both the statute and the Constitution and do not sufficiently

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Full Document

Citation: 91 FR 46724