Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a direct final rule from DHS Office of the Secretary on “Rescinding Portions of DHS Title VI Regulations to Conform More Closely with the Statutory Text and to Implement Executive Order 14281”. This rulemaking was not listed in the Spring 2025 Unified Agenda.
The ‘Title VI’ refers to Title VI, Civil Rights Act of 1964 (PL 88-352), codified at §2000d et seq, 42 USC. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. EO 14281, Restoring Equality of Opportunity and Meritocracy, directs the Administration’s attack on the doctrine of ‘disparate-impact liability’: “which holds that a near insurmountable presumption of unlawful discrimination exists where there are any differences in outcomes in certain circumstances among different races, sexes, or similar groups, even if there is no facially discriminatory policy or practice or discriminatory intent involved, and even if everyone has an equal opportunity to succeed.”
I would expect changes directed by this final rule will be
affecting language in Parts 15,
17,
19,
and 21,
of 6 CFR. What those changes might be is completely beyond me. I do not expect
that I will be covering this rule in any detail, but I will at least mention it
in the appropriate Short Takes post.
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