Treasury has taken disparate impact out of its own civil rights regulations, and it issued the rule with no comment period and no delay before it takes effect
There was no comment period.
The Department of the Treasury filed a final rule for public inspection on Friday morning amending the regulations that carry out Title VI of the Civil Rights Act of 1964, to remove what it calls disparate-impact liability. The rule takes effect on publication. That is set for 3 August. It was issued without a proposed rule, without public comment and without a delayed effective date, under the Administrative Procedure Act exception at 5 U.S.C. 553(a)(2) for rules relating to public property, loans, grants, benefits or contracts, on the department's reasoning that Title VI governs conditions attached to federal financial assistance and that every category of assistance Treasury administers falls inside that exception.
The statute is untouched. What changes is the regulation underneath it, at 31 CFR part 22, and the department states the point in one line: its Title VI regulations prohibit only intentional discrimination, not conduct or activities that have a disparate impact, and it will not pursue disparate-impact liability against its funding recipients.
The four cuts
Four pieces of text come out, and they are itemised rather than described. The full text of 31 CFR 22.4(b)(2) is rescinded, the provision the department quotes as prohibiting criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin. Two uses of the phrase "or effect" are struck from 22.4(b)(3), which governs how a recipient chooses where to site a facility, leaving a paragraph that reaches only selections made with a prohibited purpose. The full text of 22.4(b)(6) goes. So does 22.4(c)(2), on employment practices, and the rewritten paragraph (c) now bars discrimination in employment only where a primary objective of the federal assistance is to provide employment.
That last change is the one the department ties to the statute rather than to the executive order. It points to 42 U.S.C. 2000d-3, which says nothing in Title VI authorises action on an employment practice except where a primary objective of the assistance is to provide employment.
What it rests on
Executive Order 14281, Restoring Equality of Opportunity and Meritocracy, published at 90 FR 17537 on 23 April 2025, directed the Attorney General to begin repealing or amending Title VI regulations across agencies to the extent they contemplate disparate-impact liability. The department also cites Alexander v. Sandoval, in which the Supreme Court read Title VI to prohibit only intentional discrimination, and Loper Bright for the proposition that an agency cannot extend a statute past its meaning. It adds that it would have reached the same reading without the precedent, and that it is conforming to the Justice Department's own Title VI changes published on 10 December 2025. Under Executive Order 12250 the Attorney General reviewed and approved the rule.
Costs, as stated
The department writes that data limitations make the costs and benefits difficult to quantify. It expects its own enforcement costs to fall. It says it cannot quantify how recipients will respond, and that beyond the time needed to read the rule there are no new obligations, because narrowing the prohibited conduct lowers the cost of compliance and of potential liability.
One limit is stated plainly. Recipients drawing funds for the same programme from more than one federal source signed a separate assurance with each, and the department writes that they will continue to be held to the most stringent assurance and regulation that applies to them.
The rule is a significant regulatory action but not an economically significant one under Executive Order 12866, and the Office of Management and Budget reviewed it. The Office of Information and Regulatory Affairs determined it is not a major rule under the Congressional Review Act. A severability section states that each of the four amendments is meant to operate independently of the others. It is signed by Rachel Miller, executive secretary.