Repeal the 2016 SOGI nondiscrimination condition on HHS grants

Research notes

• The OCR notice was read in full at https://www.govinfo.gov/content/pkg/FR-2026-01-26/html/2026-01434.htm; Deregulation Item 2 is the passage quoted in the note.

• 45 CFR parts 74-75 confirmed Reserved through the eCFR, https://www.ecfr.gov/api/versioner/v1/structure/2026-08-26/title-45.json, which lists “Parts 74-75 [Reserved]”. The 2024 rule that did it is outside the evidence window and is not cited as Evidence.

• Why Already true: settled on review, 2026-09-01; the flag stays. This item and #1339 are the two worked examples behind the change to the Already-true rule, which struck its “with nothing happening inside it” clause precisely because of them: the previous administration removed the thing the ask targets and this administration then acted on the remnant. Under the old wording neither could be flagged and both would have re-entered Still to come as live asks that are in fact already satisfied. The ask’s named object is the 2016 regulation, it was gone on 2025-01-20, and the in-window rescissions belong in the note. The second-clause reading noted below raised whether Already true should split into “satisfied and untouched” versus “satisfied then extended”; that second bucket was declined on review, and the distinction lives in this note.

• Prior reading, retained for the record: a reviewer who weights the second clause (‘return to the policy of maximizing the options for placing vulnerable children in their forever homes’) could read the 2026-07-14 rescission as delivery of a piece and call this partial.

• Checked 2026-09-06: the flag stands. 45 CFR parts 74-75 are still Reserved, so the 2016 condition the Quote names has not been restored - and both in-window instruments, the 2026-01-26 OCR disavowal of the November 2021 letters and the 2026-07-14 rescission of the designated-placement rule, move further in the ask’s direction. This is the clearest “satisfied then extended” case among the asks we track, and it is precisely the distinction that was declined as a separate bucket on review on 2026-09-01 and left undisturbed on 2026-09-06: a change of degree, recorded in the note, flag kept.

• Executive Order 14332, checked 2026-09-29. Executive Order 14332 (2025-08-07) puts every agency’s funding announcements and discretionary awards under senior-appointee review and a test of the President’s priorities. Under a rule settled on 2026-09-29, it counts only where an ask’s object is review, clearance or priority-alignment of an agency’s awards. This Quote’s object is the 2016 SOGI grant regulation, which was gone before the window. The flag stands. The Status did not change.