Rule2022-13888
Grants Regulation; Removal of Non-Discrimination Provisions and Repromulgation of Administrative Provisions Under the Uniform Grant Regulation
Primary source
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Published
June 30, 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 (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.
Full Text
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<title>Federal Register, Volume 87 Issue 125 (Thursday, June 30, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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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