[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Page 39001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13888]


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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: Final rule; delay of effective date.

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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 (D.D.C. Feb. 2, 2021), has 
delayed the effective date of portions of the final rule making 
amendments to the Uniform Administrative Requirements promulgated on 
January 12, 2021.

DATES: Pursuant to court order, the effective date of the final rule 
published January 12, 2021, at 86 FR 2257, is delayed until July 1, 
2022. See SUPPLEMENTARY INFORMATION for details.

FOR FURTHER INFORMATION CONTACT: Johanna Nestor at 
<a href="/cdn-cgi/l/email-protection#bef4d1d6dfd0d0df90f0dbcdcad1ccfed6d6cd90d9d1c8"><span class="__cf_email__" data-cfemail="dc96b3b4bdb2b2bdf292b9afa8b3ae9cb4b4aff2bbb3aa">[email protected]</span></a> or 202-205-5904.

SUPPLEMENTARY INFORMATION: On January 12, 2021 (86 FR 2257), 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) & (d).
    Specifically, the rule amended subsection (c), which had stated, 
``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. Recipients must comply with this 
public policy requirement in the administration of programs supported 
by HHS awards.'' The rule amended subsection (c) to state, ``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 had stated, 
``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. This does 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 state, ``HHS will follow all applicable 
Supreme Court decisions in administering its award programs.''
    On February 2, the portions of rule-making 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\ On April 15, the 
court further postponed the effective date of the rule until May 2, 
2022.\5\ On April 29, the court further postponed the effective date of 
the rule until June 1, 2022.\6\ On May 26, the court further postponed 
the effective date of the rule until July 1, 2022.\7\ The Department is 
issuing this notice 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), ECF No. 8.
    \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).
    \5\ See Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 
(D.D.C. Apr. 15, 2022) (order postponing effective date), ECF No 34.
    \6\ See Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 
(D.D.C. Apr. 29, 2022) (order postponing effective date), ECF No 37.
    \7\ See Order, Facing Foster Care et al. v. HHS, No. 21-cv-00308 
(D.D.C. May 26, 2022) (order postponing effective date), ECF No 39.

Xavier Becerra,
Secretary.
[FR Doc. 2022-13888 Filed 6-29-22; 8:45 am]
BILLING CODE 4151-19-P


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