Grants Regulation; Removal of Non-Discrimination Provisions and Repromulgation of Administrative Provisions Under the Uniform Grant Regulation, 67351 [2021-25792]

Download as PDF Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Rules and Regulations DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 75 RIN 0991–AC16 Grants Regulation; Removal of NonDiscrimination Provisions and Repromulgation of Administrative Provisions Under the Uniform Grant Regulation Assistant Secretary for Financial Resources (ASFR), Health and Human Services (HHS or the Department). ACTION: Notification; postponement of effectiveness. AGENCY: 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 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 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. jspears on DSK121TN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 17:15 Nov 24, 2021 Jkt 256001 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 § 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 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. Xavier Becerra, Secretary. [FR Doc. 2021–25792 Filed 11–24–21; 8:45 am] BILLING CODE 4151–19–P 67351 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 53 [FAC 2022–01; FAR Case 2018–018; Item I; Docket No. FAR–2018–0018, Sequence No. 1] RIN 9000–AN76 Federal Acquisition Regulation: Revision of Definition of ‘‘Commercial Item’’; Correction Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule; correction. AGENCY: DoD, GSA, and NASA published a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 to change the definition of ‘‘commercial item.’’ This document corrects an erroneous instruction in that rule. DATES: Effective December 6, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement Analyst, at 202–969–7207 or by email at zenaida.delgado@gsa.gov, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755 or GSARegSec@gsa.gov. Please cite FAC 2022–01, FAR Case 2018–018. SUPPLEMENTARY INFORMATION: DoD, GSA, and NASA are correcting an amendatory instruction under part 53, section 53.213. In FR Doc. 2021–22144 appearing on pages 61017–61038 in the issue of November 4, 2021, make the following correction: SUMMARY: 53.213 [Corrected] 1. On page 61037, in the third column, Instruction 239, paragraph b.i. for section 53.213, is corrected to read: ‘‘i. Removing the first instance of the term ‘‘(Rev. 2/2012)’’ and adding ‘‘(Rev. NOV 2021)’’ in its place; and’’. ■ 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). PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2021–25842 Filed 11–24–21; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\26NOR1.SGM 26NOR1

Agencies

[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]
BILLING CODE 4151-19-P
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