Removing Constitutional Concerns From SBA Programs

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. Small Business Administration 13 CFR Part 112 RIN 3245-AI72 AGENCY: U.S. Small Business Administration. ACTION: Final rule. SUMMARY: The U.S. Small Business Administration (SBA) is publishing this final rule to remove certain unnecessary and potentially unlawful regulatory provisions requiring affirmative action by SBA program applicants or recipients, and to revise a regulatory provision to make technical corrections. DATES: The final rule is effective on September 29, 2026. FOR FURTHER INFORMATION CONTACT: Paul Fitzpatrick, Associate Administrator, Office of Entrepreneurial Development, Paul.Fitzpatrick@sba.gov . SUPPLEMENTARY INFORMATION: I. Executive Summary SBA is removing and revising certain provisions from its regulations codified in 13 CFR part 112 (“Nondiscrimination in Federally Assisted Programs of SBA—Effectuation of Title VI of the Civil Rights Act of 1964”) to more closely align its regulations with the language that Congress enacted in Title VI prohibiting intentionally discriminatory conduct, see 42 U.S.C. 2000d . On December 10, 2025, the Department of Justice (DOJ) issued revisions to its Title VI regulations. 90 FR 57141 . SBA agrees with the rationale provided in that rule and issues its own rule to address similar issues within SBA's Title VI regulations. As noted in DOJ's rule, there are serious statutory and constitutional concerns with the legality of provisions in SBA's Title VI regulations that go beyond intentional discrimination …