Proposed Rules. Notification; postponement of effectiveness
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/register/2021/09/28/2021-20753A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6560-50-P DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 75 RIN 0991-AC16 Health and Human Services Grants Regulation AGENCY: Assistant Secretary for Financial Resources (ASFR), Health and Human Services (HHS or the Department). ACTION: Notification; postponement of effectiveness. 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 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 November 9, 2021. See SUPPLEMENTARY INFORMATION for details. FOR FURTHER INFORMATION CONTACT: Johanna Nestor at *Johanna.Nestor@hhs.gov* 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 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, the portions of rulemaking amendments to § 75.300 (and a conforming amendment at § 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 further postponed the effective date of the rule until November 9, 2021. 2 The Department is issuing this document to apprise the public of the court's order. 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. Xavier Becerra, Secretary. [FR Doc. 2021-20753 Filed 9-27-21; 8:45 am]
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U.S. Code
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- 45 CFR 75
- 45 CFR 75.300(c)
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Proposed Rules
Notification; postponement of effectiveness
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