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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations
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disability in covered health programs or activities. 42 U.S.C. 18116a.
On June 15, 2020, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 Pub. L. 88352
Title VIIs 4 prohibition on employment discrimination based on sex encompasses discrimination based on sexual orientation and gender identity. Bostock v. Clayton County, GA, 140 S. Ct. 1731 2020. The Bostock majority concluded that the plain meaning of because of sex in Title VII
necessarily included discrimination because of sexual orientation and gender identity. Id. at 175354.
Since Bostock, two federal circuits have concluded that the plain language of Title IX of the Education Amendments of 1972s Title IX
prohibition on sex discrimination must be read similarly. See Grimm v.
Gloucester Cnty. Sch. Bd., 972 F.3d 586, 616 4th Cir. 2020, as amended Aug.
28, 2020,5 rehg en banc denied, 976
F.3d 399 4th Cir. 2020, petition for cert. filed, No. 201163 Feb. 24, 2021;
Adams v. Sch. Bd. of St. Johns Cnty., 968 F.3d 1286, 1305 11th Cir. 2020, petition for rehg en banc pending, No.
1813592 Aug. 28, 2020.6 In addition, on March 26, 2021, the Civil Rights Division of the U.S. Department of Justice issued a memorandum to Federal Agency Civil Rights Directors and General Counsel 7 concluding that the Supreme Courts reasoning in Bostock applies to Title IX of the Education Amendments of 1972. As made clear by the Affordable Care Act, Section 1557
prohibits discrimination on the grounds prohibited under . . . Title IX.
42 U.S.C. 18116a.
Consistent with the Supreme Courts decision in Bostock and Title IX, beginning today, OCR will interpret and enforce Section 1557s prohibition on discrimination on the basis of sex to include: 1 Discrimination on the basis of sexual orientation; and 2
discrimination on the basis of gender identity. This interpretation will guide OCR in processing complaints and 4 Title VII of the Civil Rights Act of 1964 Pub.
L. 88352 41 CFR part 6020. https
www.govinfo.gov/content/pkg/FR-2015-01-30/pdf/
2015-01422.pdf.
5 Grimm v. Gloucester Cnty. Sch. Bd., 972 F.3d 586, 616 4th Cir. 2020. https
www.ca4.uscourts.gov/opinions/191952.P.pdf.
6 Adams v. Sch. Bd. of St. Johns Cnty., 968 F.3d 1286, 1305 11th Cir. 2020. https
media.ca11.uscourts.gov/opinions/pub/files/
201813592.pdf.
7 March 26, 2021, the Civil Rights Division of the U.S. Department of Justice memorandum to Federal Agency Civil Rights Directors and General Counsel re: Application of Bostock v. Clayton County to Title IX of the Education Amendments of 1972.
https www.justice.gov/crt/page/file/1383026/
download.

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conducting investigations, but does not itself determine the outcome in any particular case or set of facts.
In enforcing Section 1557, as stated above, OCR will comply with the Religious Freedom Restoration Act, 42
U.S.C. 2000bb et seq.,8 and all other legal requirements. Additionally, OCR
will comply with any applicable court orders that have been issued in litigation involving the Section 1557
regulations, including Franciscan Alliance, Inc. v. Azar, 414 F. Supp. 3d 928 N.D. Tex. 2019; 9 Whitman-Walker Clinic, Inc. v. U.S. Dept of Health &
Hum. Servs., 485 F. Supp. 3d 1 D.D.C.
2020; 10 Asapansa-Johnson Walker v.
Azar, No. 20CV2834, 2020 WL
6363970 E.D.N.Y. Oct. 29, 2020; 11 and Religious Sisters of Mercy v. Azar, No.
3:16CV00386, 2021 WL 191009
D.N.D. Jan. 19, 2021.12
OCR applies the enforcement mechanisms provided for and available under Title IX when enforcing Section 1557s prohibition on sex discrimination. 45 CFR 92.5a. Title IXs enforcement procedures can be found at 45 CFR 86.71 adopting the procedures at 45 CFR 80.6 through 80.11 and 45 CFR part 81.
If you believe that a covered entity violated your civil rights, you may file a complaint at https www/hhs.gov/ocr/
complaints.
Dated: May 13, 2021.
Xavier Becerra, Secretary, Department of Health and Human Services.
FR Doc. 202110477 Filed 52421; 8:45 am BILLING CODE 415301P

8 Religious Freedom Restoration Act, 42 U.S.C.
2000bb et seq. https www.govinfo.gov/content/
pkg/USCODE-2010-title42/pdf/USCODE-2010title42-chap21B-sec2000bb-1.pdf.
9 Franciscan Alliance, Inc. v. Azar, 414 F. Supp.
3d 928 N.D. Tex. 2019. https www.govinfo.gov/
content/pkg/USCOURTS-nyed-1_20-cv-02834/pdf/
USCOURTS-nyed-1_20-cv-02834-0.pdf.
10 Whitman-Walker Clinic, Inc. v. U.S. Dept of Health & Hum. Servs., 485 F. Supp. 3d 1 D.D.C.
2020. http www.ca5.uscourts.gov/opinions/
unpub/20/20-10093.0.pdf.
11 Asapansa-Johnson Walker v. Azar, No. 20CV
2834, 2020 WL 6363970 E.D.N.Y. Oct. 29, 2020.
https www.govinfo.gov/content/pkg/USCOURTSnyed-1_20-cv-02834/pdf/USCOURTS-nyed-1_20-cv02834-0.pdf.
12 Religious Sisters of Mercy v. Azar, No. 3:16
CV00386, 2021 WL 191009 D.N.D. Jan. 19, 2021.
https www.hhs.gov/sites/default/files/document124-memorandum-opinion-and-order.pdf.

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NATIONAL SCIENCE FOUNDATION
45 CFR Part 670
RIN 3145AA59

Conservation of Antarctic Animals and Plants National Science Foundation.
Final rule.

AGENCY:
ACTION:

Pursuant to the Antarctic Conservation Act of 1978, as amended, the National Science Foundation NSF
is amending its regulations to reflect changes to Annex II to the Protocol on Environmental Protection to the Antarctic Treaty Protocol agreed to by the Antarctic Treaty Consultative Parties. These changes reflect the outcomes of a legally binding Measure already adopted by the Parties at the Thirty-Second Antarctic Treaty Consultative Meeting ATCM in Baltimore, MD 2009.
DATES: Effective May 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Bijan Gilanshah, Assistant General Counsel, Office of the General Counsel, at 7032928060, National Science Foundation, 2415 Eisenhower Avenue, W 18200, Alexandria, VA 22314.
SUPPLEMENTARY INFORMATION: Measure 16 2009 was adopted at the ThirtySecond ATCM at Baltimore, MD, on April 17, 2009 and amends Annex II to the Protocol. The revisions were composed primarily of minor clarifying, editorial and technical updates which would result in generally insignificant changes in current practice or legal requirements. For example, Antarctic terrestrial and freshwater invertebrates generally microscopic or miniscule are already protected by statute and regulation from harmful interference and related permitting requirements.
These Annex II changes brought such protections in line with other Antarctic species for purposes of takes of such organisms. Other changes would also result in no significant change in U.S.
practice, including changes to language in Annex II regarding criteria for taking zoo specimens, criteria for introduction of non-native species, and criteria for lethal takings of specially protected species, etc. Finally, one change removes an erroneous reference to marine algae in the current regulation and a new section is added specifically designating Antarctic native invertebrates.
The Antarctic Conservation Act of 1978, as amended ACA 16 U.S.C.
2401, et seq. implements the Protocol.
Section 2405 of title 16 of the ACA
directs the Director of the National SUMMARY:

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