Rule2022-01602
Grants Regulation; Removal of Non-Discrimination Provisions and Repromulgation of Administrative Provisions Under the Uniform Grant Regulation
Primary source
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Published
January 27, 2022
Effective
April 18, 2022
Issuing agencies
Health and Human Services Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 18 (Thursday, January 27, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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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