[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Rules and Regulations]
[Page 67351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25792]



[[Page 67351]]

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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 (D.D.C. Feb. 2, 2021), has 
postponed the effectiveness of portions of the final rule making 
amendments to the Uniform Administrative Requirements, promulgated on 
January 12, 2021. Those provisions are now effective January 17, 2022.

DATES: November 26, 2021.

FOR FURTHER INFORMATION CONTACT: Johanna Nestor at 
[email protected] 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. 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 
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\ 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).

Xavier Becerra,
Secretary.
[FR Doc. 2021-25792 Filed 11-24-21; 8:45 am]
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