Making Admission or Placement Determinations Based on Sex in Facilities Under Community Planning and Development Housing Programs; Withdrawal; Regulatory Review
| Published date | 27 April 2021 |
| Citation | 86 FR 22125 |
| Record Number | 2021-08513 |
| Section | Proposed rules |
| Court | Housing And Urban Development Department |
Federal Register, Volume 86 Issue 79 (Tuesday, April 27, 2021)
[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Proposed Rules]
[Pages 22125-22126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08513]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 /
Proposed Rules
[[Page 22125]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5 and 576
[Docket No. FR-6152-N-02]
RIN 2506-AC53
Making Admission or Placement Determinations Based on Sex in
Facilities Under Community Planning and Development Housing Programs;
Withdrawal; Regulatory Review
AGENCY: Office of the General Counsel, Department of Housing and Urban
Development (HUD).
ACTION: Withdrawal of proposed rule.
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SUMMARY: In accordance with the Presidential directive as expressed in
the memorandum of January 20, 2021 from the Assistant to the President
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' HUD
is reviewing all its pending proposed rules to determine which should
move forward. HUD has identified a proposed rule, ``Making Admission or
Placement Determinations Based on Sex in Facilities Under Community
Planning and Development Housing Programs'' that is inconsistent with
the Executive Order entitled ``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government'' and the
Executive Order entitled ``Preventing and Combating Discrimination on
the Basis of Gender Identity or Sexual Orientation.'' This document
informs the public that HUD has determined not to pursue this proposed
rule previously published in the Federal Register. HUD will proceed to
formally withdraw the rule from HUD's upcoming Spring 2021 Unified
Agenda of Regulatory and Deregulatory Actions.
DATES: The proposed rule published at 85 FR 44811, July 24, 2020, is
withdrawn as of April 27, 2021.
ADDRESSES: Department of Housing and Urban Development, 451 7th Street
SW, Room 10282, Washington, DC 20410.
FOR FURTHER INFORMATION CONTACT: Samuel F. Pearson-Moore, Assistant
General Counsel, Office of Regulations, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10282, Washington, DC 20410; telephone number 202-402-5138 (this is not
a toll-free number). Persons with hearing or speech impairments may
access this number through TTY by calling the Federal Relay Service at
800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: In a memorandum dated January 20, 2021 and
published in the Federal Register on January 28, 2021, the Assistant to
the President and Chief of Staff, on behalf of the President, directed
the heads of Executive Departments and Agencies to review ``rules \1\
that have been published in the Federal Register, or rules that have
been issued in any manner, but have not taken effect . . . for the
purpose of reviewing any questions of fact, law, and policy the rules
may raise.'' 86 FR 7424. On January 20, 2021, President Biden also
issued Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government, which provides
``that the Federal Government should pursue a comprehensive approach to
advancing equity for all, including people of color and others who have
been historically underserved, marginalized, and adversely affected by
persistent poverty and inequality.'' 86 FR 7009. Executive Order 13985
specifically defines ``equity'' to mean ``consistent and systematic
fair, just, and impartial treatment of all individuals, including
individuals who belong to underserved communities that have been denied
such treatment, such as Black, Latino, and Indigenous and Native
American persons, Asian Americans and Pacific Islanders and other
persons of color; members of religious minorities; lesbian, gay,
bisexual, transgender, and queer (LGBTQ+) persons; persons with
disabilities; persons who live in rural areas; and persons otherwise
adversely affected by persistent poverty or inequality.''
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\1\ Rule has the definition set forth in 5 U.S.C. 551(4), to
include any substantive action by an agency (normally published in
the Federal Register) that promulgates or is expected to lead to the
promulgation of a final rule or regulation, including notices of
inquiry, advance notices of proposed rulemaking, and notices of
proposed rulemaking.
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On January 20, 2021, President Biden also issued Executive Order
13988, Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation, which states that ``[p]eople should be
able to . . . secure a roof over their heads without being subjected to
sex discrimination [and] . . . [a]ll persons should receive equal
treatment under the law, no matter their gender identity or sexual
orientation.'' 86 FR 7023. In addition, Executive Order 13988 clarifies
that ``[i]n Bostock v. Clayton County, 590 U.S.__(2020), the Supreme
Court held that Title VII's prohibition on discrimination ``because of
. . . sex'' covers discrimination on the basis of gender identity and
sexual orientation . . . [and] [u]nder Bostock's reasoning, laws that
prohibit sex discrimination--including . . . the Fair Housing Act, as
amended (42 U.S.C. 3601 et seq.), along with their respective
implementing regulations--prohibit discrimination on the basis of
gender identity or sexual orientation . . .''
In accordance with the Regulatory Freeze Memorandum, HUD is
reviewing its proposed rules and has identified a proposed rule that is
inconsistent with Executive Order 13985 and Executive Order 13988:
Making Admission or Placement Determinations Based on Sex in Facilities
Under Community Planning and Development Housing Programs (85 FR 44811,
July 24, 2020). This document informs the public that HUD has
determined not to pursue this proposed rule previously published in the
Federal Register.
HUD's Withdrawal of Proposed Rule
Accordingly, HUD will proceed to formally withdraw the following
proposed rule from its Spring 2021 Unified Agenda of Regulatory and
Deregulatory Actions: Making Admission or Placement Determinations
Based on Sex in Facilities Under Community Planning and Development
Housing Programs (85 FR 44811, July 24, 2020) (RIN 2506-AC53).
HUD's Unified Agenda of Regulatory and Deregulatory Actions is
available on Reginfo.gov and can be accessed at
[[Page 22126]]
https://www.reginfo.gov/public/do/eAgendaMain.
Sasha Samberg-Champion,
Deputy General Counsel, Office of Deputy General Counsel for
Enforcement and Fair Housing.
[FR Doc. 2021-08513 Filed 4-26-21; 8:45 am]
BILLING CODE 4210-67-P
