(a) The Federal agency or pass-through entity 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 the U.S. Constitution, applicable Federal statutes and regulations—including provisions protecting free speech, religious liberty, public welfare, and the environment, and those prohibiting discrimination—and the requirements of this part. The Federal agency or pass-through entity must communicate to a recipient or subrecipient all relevant requirements, including those contained in general appropriations provisions, and incorporate them directly or by reference in the terms and conditions of the Federal award.
(b) In administering Federal awards that are subject to a Federal statute prohibiting discrimination based on sex, the Federal agency or pass-through entity must ensure that the award is administered in a way that does not unlawfully discriminate based on sexual orientation or gender identity if the statute's prohibition on sex discrimination encompasses discrimination based on sexual orientation and gender identity consistent with the Supreme Court's reasoning in Bostock v. Clayton County, 140 S. Ct. 1731 (2020).
(c) In administering awards in accordance with the U.S. Constitution, the Federal agency must take account of the heightened constitutional scrutiny that may apply under the Constitution's Equal Protection guarantee for government action that provides differential treatment based on protected characteristics.
Notes of Decisions
Slack v. Wash. Metro. Area Transit Auth., 353 F. Supp. 3d 1 (D.C. Cir. 2019).
· cites it 3× “Specifically, she points to 2 C.F.R. § 200.300 (b) : The non-Federal entity is responsible for complying with all requirements of the Federal award.”
TX Educ. Agency v. EDUC, 992 F.3d 350 (5th Cir. 2021).
“Specifically, 2 C.F.R. § 200.300 (b) (2020) clarifies that “the non-Federal entity is responsible for complying with all requirements of the Federal award.”
Xirum v. U.S. Immigr. & Customs Enf't (ice) (S.D. Ind. 2024).
· cites it 3× “" 2 C.F.R. § 200.300 (a). It defines "[i]mproper payment" to mean "[a]ny payment that should not have been made or that was made in an incorrect amount under statutory, contractual, administrative, or other legally applicable requirements" and indicates that "payment" in this…”
State of Colorado, The v. United States Dep't of Just. (D. Colo. 2020).
· cites it 2× “The regulation provides, in relevant part, that “[t]he 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.”
Solutions In Hometown Connections v. Noem (D. Maryland 2025).
“” 2 C.F.R. § 200.300 (a). In addition, the Uniform Guidance requires that award-making agencies reimburse award 6 recipients for covered expenses “within 30 calendar days after receipt of the payment request unless the [agency] .”
Solutions In Hometown Connections v. Noem (D. Maryland 2025).
“” 2 C.F.R. § 200.300 (a). In addition, the Uniform Guidance requires that award-making agencies reimburse award recipients for covered expenses “within 30 calendar days after receipt of the payment request unless the [agency] .”
Gateway Dev. Comm'n v. United States (Fed. Cl. 2026).
“See 2 C.F.R. § 200.300 (a). DOT argues that its review of the HTP was, and is, necessary to ensure that all disbursements were consistent with equal protection principles and other federal requirements.”
— 2 C.F.R. § 200.300(a) — 1 case
State of Colorado, The v. United States Dep't of Just. (D. Colo. 2020).
“The regulation provides, in relevant part, that “[t]he 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.”
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