Rule2022-11014
Health and Human Services Grants Regulation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 24, 2022
Effective
January 12, 2021
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 effective date of portions of the final rule making amendments to the Uniform Administrative Requirements promulgated on January 12, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 100 (Tuesday, May 24, 2022)</title>
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[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Rules and Regulations]
[Pages 31432-31433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11014]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 75
RIN 0991-AC16
Health and Human Services Grants Regulation
AGENCY: Office of the 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 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 effectiveness of the final rule
published January 12, 2021, at 86 FR 2257, is postponed until June 1,
2022. See SUPPLEMENTARY INFORMATION for details.
FOR FURTHER INFORMATION CONTACT: Johanna Nestor at
<a href="/cdn-cgi/l/email-protection#084267606966666926466d7b7c677a4860607b266f677e"><span class="__cf_email__" data-cfemail="014b6e69606f6f602f4f6472756e73416969722f666e77">[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. 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 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 paragraph (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, 2021, 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
[[Page 31433]]
effective date of the challenged portions of the rule by 180 days,
until August 11, 2021.\1\ On August 5, 2021, the court again postponed
the effective date of the rule until November 9, 2021.\2\ On November
3, 2021, the court further postponed the effective date of the rule
until January 17, 2022.\3\ On December 27, 2021, the court further
postponed the effective date of the rule until April 18, 2022.\4\ On
April 15, 2022, the court further postponed the effective date of the
rule until May 2, 2022.\5\ On April 29, 2022, the court further
postponed the effective date of the rule until June 1, 2022.\6\ 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.
Xavier Becerra,
Secretary.
[FR Doc. 2022-11014 Filed 5-23-22; 8:45 am]
BILLING CODE 4151-19-P
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