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Code of Federal Regulations Title 45. Public Welfare § 45.75.300 Statutory and national policy requirements

Current as of January 02, 2025 | Updated by Findlaw Staff

<86 FR 53562-01 concludes: “On February 2, the portions of rulemaking amendments to § 75.300 (and a conforming amendment at § 75.101(f)) were challenged in the U.S. District Court for the District of Columbia. Facing Foster Care et al. v. HHS, 21-cv-00308 (D.D.C. filed Feb. 2, 2021). On February 9, the court postponed, pursuant to 5 U.S.C. 705, the effective date of the challenged portions of the rule by 180 days, until August 11, 2021. On August 5, the court further postponed the effective date of the rule until November 9, 2021. The Department is issuing this document to apprise the public of the court's order.” See:  Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 (D.D.C. Feb. 2, 2021) (order postponing effective date), ECF No. 18; Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 (D.D.C. Aug. 5, 2021) (order postponing effective date), ECF No. 23.>
<84 FR 63809 provides that “the regulatory actions, promulgated through the December 12, 2016 final rules, 81 FR 89393, namely, the additions of 45 CFR 75.101(f), 75.300(c) and (d), 75.414(c)(1)(i) through (iii), and 75.477, and the amendments to 45 CFR 75.110(a), 75.305(a), 75.365, and 75.414(f), will not be enforced pending repromulgation”. See also, “a notice of proposed rulemaking to begin the process of repromulgating” at 84 FR 63831-01.>

(a) The Federal awarding agency must manage and administer the Federal award in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements:  Including, but not limited to, those protecting public welfare, the environment, and prohibiting discrimination. The Federal awarding agency must communicate to the non–Federal entity all relevant public policy requirements, including those in general appropriations provisions, and incorporate them either directly or by reference in the terms and conditions of the Federal award.

(b) The non–Federal entity is responsible for complying with all requirements of the Federal award. For all Federal awards, this includes the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non–Federal entity at 2 CFR part 25 and 2 CFR part 170. See also statutory requirements for whistleblower protections at 10 U.S.C. 2324 and 2409, and 41 U.S.C. 4304, 4310, and 4712.

(c) It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services, to the extent doing so is prohibited by federal statute.

(d) HHS will follow all applicable Supreme Court decisions in administering its award programs.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 45. Public Welfare § 45.75.300 Statutory and national policy requirements - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-45-public-welfare/cfr-sect-45-75-300/

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