NSF Rewrites Civil Rights Rules to Avoid Legal Headaches
Published Date: 8/4/2026
Rule
Summary
The U.S. National Science Foundation (NSF or Foundation) is revising its regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI). NSF is taking this action to align the conduct prohibited by NSF's regulations with Title VI's text, avoid constitutional concerns, reduce compliance costs, serve the public interest, ensure consistency with the final rule recently issued by the Department of Justice (DOJ), and implement the direction outlined in Executive Order (E.O.) 14281.
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
NSF grants: no disparate-impact liability
If you receive NSF federal grant funding, NSF says it will no longer enforce Title VI ‘‘disparate-impact’’ rules. NSF rescinds 45 CFR 611.3(b)(2), removes the words "or effect" from 45 CFR 611.3(b)(3), and rescinds 45 CFR 611.3(b)(6), 45 CFR 611.3(c)(4), and 45 CFR 611.5(6)-(7). This change takes effect on August 4, 2026.
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Key Dates
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