[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Proposed Rules]
[Pages 17346-17347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06758]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 5

[Docket No. FR-6124-N-02]
RIN 2501-AD89


Housing and Community Development Act of 1980: Verification of 
Eligible Status; 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, ``Housing and 
Community Development of Act 1980: Verification of Eligible Status'' 
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 ``Restoring Faith 
in Our Legal Immigration Systems and Strengthening Integration and 
Inclusion Efforts for New Americans.'' 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 84 FR 20589, May 10, 2019, is 
withdrawn as of April 2, 2021.

ADDRESSES: Department of Housing and Urban Development, 451 7th Street 
SW, Room 10282, Washington, DC 20410.

FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Associate General 
Counsel for Legislation and 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

[[Page 17347]]

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 February 2, 2021, President Biden issued Executive Order 14012, 
Restoring Faith in Our Legal Immigration Systems and Strengthening 
Integration and Inclusion Efforts for New Americans. 86 FR 8277. In 
part, Executive Order 14012 requires that ``the Federal Government 
eliminate[] sources of fear and other barriers that prevent immigrants 
from accessing government services available to them . . . [and] 
develop welcoming strategies that promote integration, inclusion, and 
citizenship . . .''
    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 14012: 
Housing and Community Development of Act 1980: Verification of Eligible 
Status (84 FR 20589, May 10, 2019). 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: Housing and Community Development Act of 1980: 
Verification of Eligible Status (84 FR 20589, May 10, 2019) (RIN 2501-
AD89).
    HUD's Unified Agenda of Regulatory and Deregulatory Actions is 
available on Reginfo.gov and can be accessed at 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. 2021-06758 Filed 4-1-21; 8:45 am]
BILLING CODE 4210-67-P