National Foundation on the Arts and Humanities Final Rule Rescinds Title VI Disparate-Impact Protections
On August 26, 2026, the National Foundation on the Arts and Humanities (the Foundation) published a final rule, “Rescinding Portions of the National Foundation on the Arts and Humanities Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281,” that eliminates disparate-impact liability from the Title VI regulations governing the National Endowment for the Arts (NEA), National Endowment for the Humanities (NEH), Institute of Museum and Library Services (IMLS), and Federal Council on the Arts and the Humanities (FCAH), also known as the Foundation’s constituent agencies. The Administration has also sought to eliminate similar regulations at other Federal agencies.
The Foundation describes the rule as an effort to align regulations closer with the statutory text of Title VI of the Civil Rights Act of 1964, address “constitutional and statutory concerns”, reduce compliance costs, implement Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy”, and serve the public interest. Under the final rule, the Foundation’s constituent agencies will no longer pursue Title VI disparate-impact liability against recipients of Federal funding.
Prior to this rule, the Foundation’s Title VI regulations prohibited discrimination in programs receiving Federal funding from the NEA, NEH, and IMLS, going beyond intentional discrimination by also addressing certain policies or administrative practices that had a discriminatory “effect” based on race, color, or national origin. Going forward, this rule will result in the constituent agencies focusing Title VI enforcement solely on intentional discrimination.
This rule represents another significant step away from longstanding Federal civil rights laws that ensure discriminatory behavior can be regulated. By eliminating the Federal regulatory basis for disparate-impact enforcement at the agencies that administer major Federal arts, humanities, museum, and library funding programs, the rule narrows the circumstances in which a Federal funding recipient can be held accountable under Title VI for policies or practices that disproportionately harm people based on race, color, or national origin, when discriminatory intent is not established.
The rule is also notable because the Foundation finalized the changes without prior public notice and comment. The Foundation invoked an exception in the Administrative Procedure Act for rules relating to Federal grants, benefits, contracts, and other forms of Federal financial assistance. As a result, arts organizations, funders, artists, and other stakeholders were not provided a formal opportunity to comment on the proposed elimination of these protections before the rule took effect.
While Title VI remains Federal law and continues to prohibit discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance, the final rule changes the scope of the Foundation’s implementing regulations and the basis on which its constituent agencies will pursue enforcement.
On behalf of the arts and cultural community, GIA is concerned that this change weakens an important Federal regulatory protection against discrimination. GIA recognizes the importance of continued attention to how Federal funding policies and practices affect access to resources across the arts and cultural field, particularly for communities that have historically faced barriers to equitable funding and opportunity.
GIA will continue to monitor developments related to this rule and keep the field informed of relevant changes and any implications for the arts and cultural community.
Artwork by Anina Takeff for Fine Acts
