4126 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 

1Other than the statutory and regulatory 

requirements included in the document, the 

contents of this guidance do not have the force and 

effect of law and are not meant to bind the public 

in any way. This document is intended only to 

provide clarity to the public regarding existing 

requirements under the law or agency policies. 

2Exec. Order No. 13798, 82 FR 21,675 (May 4, 

2017). 

3Office of Att’y Gen., Federal Law Protections for 

Religious Liberty, Memorandum for All Executive 

Departments and Agencies (Oct. 6, 2017). 

4Office of Mgmt. & Budget, Exec. Office of the 

President, M–20–09, Guidance Regarding Federal 

Grants and Executive Order 13798 (Jan. 16, 2020). 

5 In addition, the Supreme Court recently 

reaffirmed that the Constitution guarantees the full 

participation of faith-based organizations in 

publicly funded programs. See Espinoza v. 

Montana Dep’t of Revenue, 140 S.Ct. 2246 (2020). 

local checking agencies are asked to 

provide information on the number of 

applications and denials for firearm 

transfers received or tracked by the 

agency and reasons why applications 

were denied. BJS combines these data 

with the Federal Bureau of 

Investigation’s (FBI) National Instant 

Criminal Background Check System 

(NICS) transaction data to produce 

comprehensive national statistics on 

firearm applications and denials 

resulting from the Brady Handgun 

Violence Prevention Act of 1993 and 

similar state laws governing background 

checks and firearm transfers. BJS also 

plans to collect information from the 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives (ATF) on denials 

screened and referred to ATF field 

offices for investigation and possible 

prosecution. BJS publishes FIST data on 

the BJS website in statistical tables and 

uses the information to respond to 

inquiries from Congress, federal, state, 

and local government officials, 

researchers, students, the media, and 

other members of the general public 

interested in criminal justice statistics. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: A projected 1,091 respondents 

will take part in the FIST data collection 

with an average of 25 minutes for each 

to complete the FIST survey form. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The estimated public burden 

hours associated with this collection is 

455 hours annually. 

If additional information is required 

contact: Melody Braswell, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Two Constitution 

Square, 145 N Street NE, 3E.405A, 

Washington, DC 20530. 

Dated: January 12, 2021. 

Melody Braswell, 

Department Clearance Officer for PRA, U.S. 

Department of Justice. 

[FR Doc. 2021–00929 Filed 1–14–21; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF LABOR 

[Docket No. DOL–2021–0001] 

Guidance Regarding Department of 

Labor Grants 

AGENCY: Office of the Assistant 

Secretary for Administration & 

Management, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor 

publishes its ‘‘Guidance Regarding 

Department of Labor Grants’’ detailing 

the general rules regarding equal 

protection of faith-based organizations 

that govern the Department’s grant and 

financial assistance programs. This 

guidance is issued pursuant to 

Executive Order 13798, titled 

‘‘Promoting Free Speech and Religious 

Liberty,’’ signed by the President on 

May 4, 2017, and the related Office of 

Management and Budget guidance 

issued on January 16, 2020. This 

guidance also reflects changes to the 

Department’s regulations recently made 

through the inter-agency rulemaking, 

‘‘Equal Participation of Faith-Based 

Organizations in the Federal Agencies’ 

Programs and Activities,’’ published on 

December 17, 2020. 

FOR FURTHER INFORMATION CONTACT: Carl 

Campbell, Office of the Senior 

Procurement Executive, Office of the 

Assistant Secretary for Administration 

and Management. Telephone: 1–202– 

693–7246. TTY/TDD callers may dial 

toll-free 1–800–877–8339 for further 

information. 

SUPPLEMENTARY INFORMATION: The 

Department publishes this guidance to 

protect religious liberty in the 

administration of its grant and financial 

assistance programs, in compliance with 

Federal law. The guidance details the 

ways in which the Department’s specific 

regulations protect the religious freedom 

of faith-based organizations that 

participate in these programs, and 

describes the process by which faithbased organizations can seek 

exemptions from religious nondiscrimination requirements in their 

employment practices. The guidance is 

provided in the Appendix of this notice. 

Bryan Slater, 

Assistant Secretary for Administration and 

Management, Department of Labor. 

Appendix—Guidance Regarding 

Department of Labor Grants 1 

I. Purpose and Background 

On May 4, 2017, the President signed 

Executive Order 13798, titled ‘‘Promoting 

Free Speech and Religious Liberty.’’ 2 Among 

other things, Executive Order 13798 

establishes a policy of promoting religious 

liberty and directed the Attorney General to 

provide guidance to Federal agencies on the 

requirements of Federal laws and policies 

protecting religious liberty. Accordingly, on 

October 6, 2017, the Attorney General issued 

a memorandum advising agencies on such 

laws and policies, including how they apply 

to the award of grants (Attorney General 

Memorandum).3 Subsequently, the Office of 

Management and Budget (OMB) issued its 

own guidance on January 16, 2020 (OMB 

Memorandum), directing all grantadministering agencies ‘‘within 120 days of 

the date of this Memorandum . . . [to] 

publish policies detailing how they will 

administer Federal grants in compliance with 

E.O. 13798, the Attorney General 

memorandum, and this Memorandum.’’ 4

The OMB and Attorney General 

Memoranda make clear that Federal law 

entitles religious organizations to compete on 

equal footing with secular organizations for 

Federal financial assistance.5 In line with 

these principles, the Department of Labor 

(DOL or Department) is committed to 

ensuring that DOL-supported social service 

programs are open to all qualified 

organizations, regardless of the organizations’ 

religious character. In particular, any grant 

rule or policy that penalizes or disqualifies 

a religious organization from the right to 

compete for a grant or contract because of 

that organization’s religious character could 

violate the Free Exercise Clause of the First 

Amendment to the Constitution, or governing 

DOL regulations. A rule or policy that 

imposes a substantial burden on an 

organization’s exercise of religion may also, 

depending on the circumstances, violate the 

Religious Freedom Restoration Act (RFRA). 

To ensure that all organizations are treated 

equally in the issuance of awards and subawards of Department grant funds, and that 

Federal law’s protections for religious liberty 

are faithfully adhered to, the Department is 

issuing this guidance. The sections that 

follow detail the general rules regarding 

equal protection of faith-based organizations 

that govern DOL grant programs, and the 

process by which faith-based organizations 

can seek exemptions from religious nondiscrimination requirements in their 

employment practices. 

II. Equal Treatment in Department of Labor 

Programs for Faith-Based Organizations 

a. Equal Participation of Faith-Based 

Organizations 

Faith-based organizations are eligible, on 

the same basis as any other organization, to 

seek DOL support or participate in DOL 

programs for which they are otherwise 

eligible. DOL and DOL social service 

intermediary providers, as well as State and 

local governments administering DOL 

support, must not discriminate for or against 

an organization on the basis of the 

organization’s religious character, affiliation, 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 4127 

6See 29 CFR 2.32(a) (as amended January 19, 

2021). On December 17, 2020, the Department 

published in the Federal Register amendments to 

its regulations at 29 CFR part 2 subpart D, 29 CFR 

2.30 to 2.39, with an effective date of January 19, 

2021. See 85 FR 82037, 82140–42 (Dec. 17, 2020). 

All citations to part 2 subpart D are to the newly 

amended version of the Code of Federal 

Regulations. 

7See 29 CFR 2.32. 

8See 29 CFR 2.39. 

9See 29 CFR 2.32. 

10See 29 CFR 2.33. 

11See 29 CFR 2.33(b). 

12See id. 

13See 29 CFR 2.33(a). 

14See 29 CFR 2.36. 

15Civil Rights Act of 1964 § 702(a), 42 U.S.C. 

2000e–1; see 29 CFR 2.37. 

16 29 CFR 2.37. 

17Civil Rights Center, U.S. Department of Labor, 

200 Constitution Ave NW, Room N–4123, 

Washington, DC 20210, 202–693–6500. Individuals 

with hearing or speech impairments may access this 

telephone number via TTY by calling the toll-free 

Continued 

or exercise. DOL, DOL social service 

providers, and State and local governments 

administering DOL support are not precluded 

from accommodating religion in a 

constitutionally permissible manner.6

i. Grant Applications and Awards 

Faith-based organizations must be eligible 

to apply for or receive Federal financial 

assistance under and participate in any DOL 

social service program for which the 

organizations are otherwise eligible, on the 

same basis as any other organization. This 

means that an organization must not be 

discriminated for or against on the basis of 

the organization’s religious character, 

affiliation, or exercise. At the same time, all 

applicable limitations on the use of Federal 

assistance must be met, including that direct 

financial support must not be used for 

explicitly religious activities.7

For example, organizations that apply for 

and are qualified to become or remain 

eligible training providers (ETPs), or other 

types of service providers, must not be 

excluded from being recognized as an 

available provider on account of their 

religious character or affiliation, and must be 

included on program lists provided to 

participants. Approvals and denials of 

applications to become ETPs or other 

providers, and removals of providers from 

such lists, must be documented in 

accordance with the procedures established 

under 20 CFR part 690, subpart D (e.g., 20 

CFR 690.480) in order to facilitate the 

Department’s monitoring efforts related to 

this provision. 

Decisions about awards of Federal 

financial assistance must be free from 

political interference, and the appearance of 

such interference. Award decisions must be 

made on the basis of merit, not on the basis 

of the religious affiliation of a recipient 

organization or lack thereof.8 DOL will 

ensure that decisions are made fairly based 

on the substance of the proposals. 

ii. Ongoing Operations 

Faith-based organizations that receive DOL 

financial assistance retain their programmatic 

independence from Federal, State, and local 

governments and may continue to carry out 

their missions and maintain their religious 

character. This autonomy includes, among 

other things, the right to use the 

organizations’ facilities to provide DOLsupported social services without removing 

or altering religious art, icons, scriptures or 

other religious symbols, and the right to 

govern themselves and to select board 

members and employees on the basis of their 

acceptance of or adherence to the religious 

requirements or standards of the 

organization. Faith-based organizations, like 

all organizations receiving DOL financial 

assistance, must not use direct DOL financial 

assistance to support any explicitly religious 

activities and must further comply with 

appropriate costs rules related to grants. 

Explicitly religious activities include, for 

example, worship, religious instruction, and 

proselytization.9

b. Responsibilities of DOL, DOL Social 

Service Providers, and State and Local 

Governments Administering DOL Support 

DOL, DOL social service providers, and 

State and local governments administering 

DOL support must not discriminate against a 

program beneficiary or prospective program 

beneficiary on the basis of religion, religious 

belief, a refusal to hold a religious belief, or 

a refusal to attend or participate in a religious 

practice. Program providers must not 

impermissibly restrict program beneficiaries’ 

rights to exercise religious freedom. DOL, 

DOL social service providers, and State and 

local governments administering DOL 

support are not precluded from 

accommodating religion in a constitutionally 

permissible manner.10

DOL, DOL social service providers, and 

State and local governments administering 

DOL support must ensure that no direct DOL 

financial assistance is used for explicitly 

religious activities. The restriction against 

using financial assistance for explicitly 

religious activities does not apply when the 

assistance is indirect, meaning that the 

beneficiary chooses the service provider and 

the cost of the service is paid through a 

voucher, certificate, or other similar means of 

government-funded payment.11

If an organization conducts explicitly 

religious activities using non-DOL funds and 

also offers social service programs using 

direct DOL support, then that organization 

must offer the explicitly religious activities at 

a time or in a place that is separate from the 

programs receiving direct DOL support. For 

example, if directly-supported training 

activities are offered in a certain room in an 

organization’s facility, inherently religious 

activities must not occur in that room at the 

same time as the training. Explicitly religious 

activities may occur in another room at the 

facility at the same time as directlysupported training, or in the same room if 

offered at a different time from the directlysupported training. The organization must 

also ensure that participation in any 

explicitly religious activities is purely 

voluntary, and not compulsory, for 

beneficiaries of these DOL-supported 

programs.12

Organizations whose programs are funded 

only by indirect DOL financial support need 

not modify their program activities to 

accommodate a beneficiary of DOL support 

who chooses to enroll in the organization’s 

program and may require attendance at all 

activities that are fundamental to the 

program.13

c. Application to State and Local Funds 

State or local governments that voluntarily 

contribute their own funds to supplement 

funds provided by DOL to support social 

service programs may either segregate the 

Federal funds or commingle them. All 

commingled funds are subject to the same 

requirements as those applying to the DOL 

assistance. Required matching funds and 

program income are treated in the same 

manner as commingled funds, whether or not 

such funds are actually commingled.14

d. Effect of DOL Support on Title VII 

Employment Non-Discrimination 

Requirements and on Other Existing Statutes 

A faith-based organization does not forfeit 

its exemption from the Federal prohibition 

on employment discrimination on the basis 

of religion when the organization receives 

direct or indirect DOL support.15 Some DOL 

programs, however, were established through 

Federal statutes containing independent 

statutory provisions that require that 

recipients refrain from discriminating in 

employment on the basis of religion. Further 

information on exemptions from nondiscrimination requirements is provided in 

the next section of this guidance. 

III. The Effect of the Religious Freedom 

Restoration Act on Recipients of DOL 

Financial Assistance 

a. Background 

One of the many important provisions of 

the Department’s regulations on equal 

treatment of faith-based organizations 

provides that, absent statutory authority to 

the contrary, ‘‘[a] religious organization’s 

exemption from the Federal prohibition on 

employment discrimination on the basis of 

religion, set forth in § 702(a) of the Civil 

Rights Act of 1964, 42 U.S.C. 2000e–1, is not 

forfeited when the organization receives 

direct or indirect DOL support.’’ 16 An 

organization qualifying for such exemption 

may make its employment decisions on the 

basis of an applicant’s or employee’s 

acceptance of or adherence to the religious 

requirements or standards of the 

organization, but not on the basis of any 

other protected characteristic. As noted 

above, however, some DOL programs were 

established through Federal statutes 

containing independent statutory provisions 

requiring that recipients refrain from 

discriminating in employment on the basis of 

religion. Recipients and potential recipients 

of DOL support are therefore instructed to 

consult with DOL program officials, or the 

Civil Rights Center, to determine the scope of 

any such requirements, including in light of 

any additional constitutional or statutory 

protections for employment decisions that 

may apply.17

4128 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 

Federal Information Relay Service at 1–800–877– 

8339. 

18See Attorney General Memorandum at 5a; 

Memorandum Opinion for the General Counsel, 

Office of Justice Programs, Re: Application of the 

Religious Freedom Restoration Act to the Award of 

a Grant Pursuant to the Juvenile Justice and 

Delinquency Prevention Act (June 26, 2007) 

available at www.justice.gov/olc/opinions.htm. 

19 494 U.S. 872, 878–79 (1990). 

20 42 U.S.C. 2000bb–1(a). 

21 Id. § 2000bb–1(b). 

22See id. § 2000bb–3. 

23See 42 U.S.C. 2000bb–2(4). 

24Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 

682, 724 (2014). 

25Attorney General Memorandum at 5a. 

26 Id. at 5a. 

27 Gonzales v. O Centro Espı ́rita Beneficente 

Unia ̃ o do Vegetal, 546 U.S. 418, 431 (2006). 

Following the adoption of the 

Department’s regulations on equal treatment 

of faith-based organizations, questions from 

the public arose regarding whether the 

Religious Freedom Restoration Act (RFRA) 

exempts recipients of Federal financial 

assistance from provisions of authorizing 

statutes and implementing regulations of 

programs that require all recipients of 

Federal financial assistance under those 

statutes or programs to agree not to consider 

religion when making employment decisions 

for positions connected with the Federallyfinanced program or activity. The 

Department of Labor has developed the 

exemption process described below to 

effectuate a controlling opinion and guidance 

of the U.S. Department of Justice concerning 

how RFRA applies to laws restricting 

recipients of Federal financial assistance 

from making employment decisions based on 

religion.18

b. RFRA Exemption Process 

In 1993, Congress enacted RFRA in 

response to the Supreme Court’s decision in 

Employment Division, Department of Human 

Resources of Oregon v. Smith, which held 

that a law that is religion-neutral and 

generally applicable need not be justified by 

a compelling governmental interest, even if 

such law incidentally affects religious 

practice.19 By enacting RFRA, Congress 

sought to ensure that the government justify 

substantial burdens on religious exercise. 

Under RFRA, ‘‘[g]overnment shall not 

substantially burden [an organization’s] 

exercise of religion even if the burden results 

from a rule of general applicability,’’ 20

unless the Government ‘‘demonstrates that 

application of the burden to the 

[organization]—(1) is in furtherance of a 

compelling governmental interest; and (2) is 

the least restrictive means of furthering that 

compelling governmental interest.’’ 21 RFRA 

thus mandates strict scrutiny of any federal 

law that substantially burdens the exercise of 

religion, even if the burden is incidental to 

the application of a religion-neutral rule. 

Congress expressly applied RFRA to all 

Federal law whether adopted before or after 

the enactment of RFRA; it therefore applies 

to all laws governing DOL programs.22

Under RFRA, the term ‘‘exercise of 

religion’’ does not require that a burdened 

religious practice be compelled by, or central 

to, an organization’s system of religious belief 

to be protected.23 Relatedly, RFRA does not 

permit the government to assess the 

reasonableness of a religious belief, including 

the adherent’s assessment of the religious 

connection between a belief asserted and 

what the government forbids, requires, or 

prevents.24 However, where a law enforced 

by DOL infringes on a religious practice that 

an organization itself regards as unimportant 

or inconsequential, no substantial burden has 

been imposed for purposes of RFRA.25

Where a law enforced by DOL prohibits 

religious discrimination in employment by 

recipients of DOL financial assistance, such 

prohibition will be displaced by RFRA and 

thus will not apply to a recipient with 

respect to employing individuals of a 

particular religious belief to perform work 

connected with carrying on the recipient’s 

activities, provided that (i) such recipient can 

demonstrate that its religious exercise would 

be substantially burdened by applying the 

religious non-discrimination requirement to 

its employment practices in the program or 

activity at issue, and (ii) DOL is unable to 

demonstrate that applying the nondiscrimination provision to this recipient 

both would further a compelling government 

interest and would be the least restrictive 

means of furthering that interest. 

Under RFRA, a law substantially burdens 

religious exercise if it ‘‘bans an aspect of the 

adherent’s religious observance or practice, 

compels an act inconsistent with that 

observance or practice, or substantially 

pressures the adherent to modify such 

observance or practice.’’ 26 And in identifying 

a compelling government interest, ‘‘broadly 

formulated interests justifying the general 

applicability of government mandates’’ are 

insufficient.27

Once selected as a grantee, a recipient that 

seeks an exemption from the application of 

a religious non-discrimination provision 

must submit a certification of its eligibility 

for an exemption to the Assistant Secretary 

or relevant Agency Head charged with 

issuing or administering the grant or his/her 

designee attesting that: (1) Receiving the 

grant is important to the recipient; (2) 

employing individuals of a particular religion 

is important to the religious identity, 

autonomy, or communal religious exercise of 

the recipient; and (3) conditioning receipt of 

the grant on compliance with the nondiscrimination provision substantially 

burdens its religious exercise. The Assistant 

Secretary or relevant Agency Head will 

approve exemptions, in consultation with the 

Office of the Solicitor, on a case-by-case 

basis, and no later than 14 calendar days 

from the date the certification was submitted, 

for recipients that make the above 

attestations, unless there is good reason to 

question the certification. If the Assistant 

Secretary or relevant Agency Head takes no 

action by the close of the 14 calendar day 

period, the certification will be deemed 

approved. 

Recipients exempted from the religious 

non-discrimination requirements at issue 

will not be exempted or excused, by virtue 

of that particular exemption, from complying 

with other requirements contained in the law 

or regulation at issue. In addition, any 

exemption may be voided at any time by the 

Assistant Secretary or relevant Agency Head 

charged with issuing or administering the 

grant or his/her designee, in consultation 

with the Office of the Solicitor of the U.S. 

Department of Labor, upon a determination 

that the certification was untruthful or a 

material change in circumstances indicates 

that reassessment of the exemption is in 

order. Following such determination, the 

Assistant Secretary or relevant Agency Head, 

or his/her designee will notify the recipient 

of the invalidation, the reasons for the 

invalidation, and the name, title, telephone 

number and/or email address of the person 

to contact for further information. 

Signed at Washington, DC, this 12th day of 

January, 2021. 

Bryan Slater, 

Assistant Secretary for Administration and 

Management. 

[FR Doc. 2021–00853 Filed 1–14–21; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; 

Unemployment Insurance State Quality 

Service Plan Planning and Reporting 

Guidelines 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this ETA-sponsored 

information collection request (ICR) to 

the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA). Public 

comments on the ICR are invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before February 16, 2021. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information,