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). Similarly, the regulations do not “authoritatively” construe Title VI because the regulations “forbid conduct”—namely, policies that unintentionally result in a disparate impact—that Title VI “permits.” The rationale of that holding applies with equal force to NSF's Title VI regulations, which mirror DOJ's Title VI regulations. There are serious statutory and constitutional concerns with the legality of the Foundation's Title VI disparate-impact regulations. There are also serious concerns about whether the Foundation's Title VI regulations pass constitutional muster under the Equal Protection Clause.