Notice2021-25632
Delegation of Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 24, 2021
Issuing agencies
Health and Human Services Department
Full Text
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<title>Federal Register, Volume 86 Issue 224 (Wednesday, November 24, 2021)</title>
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[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Page 67067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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Notice is hereby given that I have withdrawn the delegations to the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
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</html>Indexed from Federal Register on November 24, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.