[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Page 67067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25632]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Delegation of Authority

    Notice is hereby given that I have withdrawn the delegations to the 
Director, Office for Civil Rights (OCR), or their successor, with 
respect to the Religious Freedom Restoration Act (RFRA) and the 
Religion Clauses of the First Amendment, as well as any other 
delegation of authority to OCR with respect to enforcing or complying 
with RFRA or the First Amendment.
    On December 7, 2017, the then-Acting Secretary of the Department of 
Health and Human Services issued a notice, published on January 19, 
2018 (83 FR 2804), that delegated authority for implementation and 
compliance with the Religious Freedom Restoration Act, 42 U.S.C. 2000bb 
et seq., within the Department to the Director of OCR.
    On January 15, 2021, the Secretary further delegated to OCR 
authority to receive and investigate complaints, conduct compliance 
reviews, provide technical assistance and training, evaluate complaint 
processing and provide reports, and ensure uniform compliance with the 
Religion Clauses of the First Amendment. This delegation was not 
published in the Federal Register.
    The Department takes its obligations to comply with RFRA and the 
First Amendment seriously, and it will continue to do so. Department 
components have the greatest knowledge about their respective programs 
and are best able to determine whether the Department has a compelling 
interest in a particular action and whether less restrictive means are 
available to further that interest, critical aspects of the legal test 
under RFRA. Furthermore, under the current Statement of Organization, 
Functions, and Delegations of Authority for the Office of General 
Counsel (OGC), OGC provides legal advice to the Secretary, Deputy 
Secretary, and all subordinate organization components of the 
Department. See 85 FR 47228 (July 7, 2020). Department components, in 
consultation with OGC, have the responsibility, and are best 
positioned, to evaluate RFRA-based requests for exemptions, waivers, 
and modifications of program requirements in the programs they operate 
or oversee.
    Department components, further, are best situated to craft 
exemptions or other modifications when required under RFRA and to 
monitor the impact of such exemptions or modifications on programs and 
those they serve. Moreover, they are best positioned to evaluate how 
their programs must be run to comply with the Free Exercise Clause and 
the Establishment Clause of the First Amendment.
    I therefore rescind the December 7, 2017, and the January 15, 2021 
delegations with respect to the Religion Clauses of the First Amendment 
and/or RFRA, as well as any other delegation of authority to OCR with 
respect to enforcing or complying with RFRA or the First Amendment. 
Effective today, I delegate responsibility to Department components to 
ensure full compliance with RFRA and other constitutional requirements. 
Department components must consult with OGC on such matters and provide 
appropriate consideration to RFRA- or Constitution-based objections or 
requests, as well as take any actions that may be appropriate.
    This delegation of authority is effective upon date of signature.

Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2021-25632 Filed 11-23-21; 8:45 am]
BILLING CODE 4153-01-P