[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
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 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withdrawn as of April 27, 2021.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