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Biden Administration Early Executive Actions: Update for Government Contractors | Wiley Rein LLP

To embed, copy and paste the code into your website or blog: On January 20, 2021, the first day of the Biden Administration, the President took several executive actions that affect government contractors. The President is expected to sign an additional Executive Order (EO) today that addresses several federal worker issues. First, the President rescinded several Executive Orders (EOs) issued by the prior administration that either directly affected contractors or the regulatory process as a whole.   Section 10 of the Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government rescinds Executive Order 13950, Combating Race and Sex Stereotyping. EO 13950 had prohibited certain types of training programs by contractors and federal grantees and imposed serious sanctions for contractors or grantees who ran afoul of the EOs limitations. Section 10 also instructs agencies to consider actions to suspend agency actions arising fr

HHS Last-Minute Final Rule Restricts Use of Guidance Standards in Civil Enforcement Actions | Morgan Lewis

To embed, copy and paste the code into your website or blog: The US Department of Health and Human Services (HHS) issued a Final Rule on January 12, 2021 on Transparency and Fairness in Civil Administrative Enforcement Actions that amends 45 CFR Part I to set forth rules for appropriate reliance on guidance documents and requirements to give fair notice of relevant agency positions before taking a civil enforcement action that relies on any such position. The regulations purport to update HHS processes to ensure it operates with transparency and fairness so that regulated parties receive fair notice of laws and regulations to which they are subject and have an opportunity to contest an HHS determination prior to the agency taking any action with a legal consequence.

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