[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 [www.gpo.gov]
[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 
[email protected] 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