[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Page 4167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01602]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 75

RIN 0991-AC16


Grants Regulation; Removal of Non-Discrimination Provisions and 
Repromulgation of Administrative Provisions Under the Uniform Grant 
Regulation

AGENCY: Assistant Secretary for Financial Resources (ASFR), Health and 
Human Services (HHS or the Department).

ACTION: Notification; postponement of effectiveness.

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SUMMARY: The U.S. District Court for the District of Columbia in Facing 
Foster Care et al. v. HHS, 21-cv-00308 (DDC Feb. 2, 2021), has 
postponed the effectiveness of portions of the final rulemaking 
amendments to the Uniform Administrative Requirements, promulgated on 
January 12, 2021. Those provisions are now effective April 18, 2022.

DATES: Pursuant to court order, the effectiveness of the final rule 
published January 12, 2021, at 86 FR 2257, is postponed until April 18, 
2022.

FOR FURTHER INFORMATION CONTACT: Johanna Nestor at 
<a href="/cdn-cgi/l/email-protection#783217101916161956361d0b0c170a3810100b561f170e"><span class="__cf_email__" data-cfemail="3f7550575e51515e11715a4c4b504d7f57574c11585049">[email protected]</span></a> or 202-205-5904.

SUPPLEMENTARY INFORMATION: On January 12, 2021, the Department issued 
amendments to and repromulgated portions of the Uniform Administrative 
Requirements, 45 CFR part 75. 86 FR 2257. That rule repromulgated 
provisions of part 75 that were originally published late in 2016. It 
also made amendments to 45 CFR 75.300(c) and (d).
    Specifically, the rule amended paragraph (c), which previously 
provided that 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 based on non-merit factors such as age, 
disability, sex, race, color, national origin, religion, gender 
identity, or sexual orientation. The paragraph further provided that 
recipients must comply with the public policy requirement in the 
administration of programs supported by HHS awards. The rule amended 
paragraph (c) to provide that 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.
    Additionally, the rule amended paragraph (d), which previously 
provided that in accordance with the Supreme Court decisions in United 
States v. Windsor and in Obergefell v. Hodges, all recipients must 
treat as valid the marriages of same-sex couples. The paragraph further 
provided that it did not apply to registered domestic partnerships, 
civil unions or similar formal relationships recognized under state law 
as something other than a marriage. The rule amended paragraph (d) to 
provide that HHS will follow all applicable Supreme Court decisions in 
administering its award programs.
    On February 2, the portions of rulemaking amendments to Sec.  
75.300 (and a conforming amendment at Sec.  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.\1\ On August 5, the court again postponed the 
effective date of the rule until November 9, 2021.\2\ On November 3, 
the court further postponed the effective date of the rule until 
January 17, 2022.\3\ On December 27, the court further postponed the 
effective date of the rule until April 18, 2022.\4\ The Department is 
issuing this notification to apprise the public of the court's order.
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    \1\ 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.
    \2\ See 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.
    \3\ See Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 
(D.D.C. Nov. 3, 2021) (order postponing effective date), minute 
order.
    \4\ See Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 
(D.D.C. Dec. 27, 2021) (order postponing effective date and holding 
the case in abeyance), ECF No. 30.
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* * * * *

Xavier Becerra,
Secretary.
[FR Doc. 2022-01602 Filed 1-26-22; 8:45 am]
BILLING CODE 4151-19-P


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