81 FR 28037 - Equal Access to Housing in HUD's Native American and Native Hawaiian Programs-Regardless of Sexual Orientation or Gender Identity
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 81, Issue 89 (May 9, 2016)
Federal Register Volume 81, Issue 89 (May 9, 2016)
| Page Range | 28037-28040 | |
| FR Document | 2016-10753 |
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)] [Proposed Rules] [Pages 28037-28040] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10753] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 1000, 1003, 1005, 1006, and 1007 [Docket No. FR 5861-P-01] RIN 2577-AC96 Equal Access to Housing in HUD's Native American and Native Hawaiian Programs--Regardless of Sexual Orientation or Gender Identity AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. Since HUD promulgated the ``Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity'' final rule in February, 2012, HUD has required that HUD-assisted and HUD- insured housing be made available in accordance with program eligibility requirements and without regard to sexual orientation, gender identity, or marital status, and has generally prohibited inquiries into sexual orientation or gender identity. In applying these non-discrimination requirements to HUD's Native American and Native Hawaiian programs, this proposed rule would further the Federal goal of providing decent housing and a suitable living environment for all. DATES: Comments due: July 8, 2016. ADDRESSES: Interested persons are invited to submit comments regarding this proposed rule to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title. 1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. 2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. Note: To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule. No Facsimile Comments. Facsimile (fax) comments are not acceptable. Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m., weekdays, at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202-708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service, toll free, at 800-877-8339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: [Contact Name to be Inserted], Office of Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 5206, Washington, DC 20410-8000; telephone number 202-708-2333 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: I. Background On February 3, 2012, HUD published in the Federal Register, at 77 FR 5662, a final rule titled ``Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity'' (the Equal Access Rule) in order to address evidence that lesbian, gay, bisexual, and transgender (LGBT) individuals and families do not have equal access to housing, and to promote the federal goal of providing decent housing and a suitable living environment for all.\1\ The Equal Access Rule requires that housing assisted or insured by HUD be made available to individuals and families without regard to actual or perceived sexual orientation, gender identity, or marital status. Additionally, the rule prohibits owners and administrators of HUD-assisted or HUD-insured housing, approved lenders in an FHA mortgage [[Page 28038]] insurance program, and any other recipients or subrecipients of HUD funds from inquiring about sexual orientation or gender identity to determine eligibility for HUD-assisted or HUD-insured housing. The prohibition on inquiries regarding sexual orientation or gender identity does not prohibit individuals from voluntarily self- identifying sexual orientation or gender identity, and it provides a limited exception for lawful inquiries of an applicant's or occupant's sex where the housing provided or to be provided is temporary, emergency shelter with shared sleeping areas or bathrooms, or to determine the number of bedrooms to which a household may be entitled These protections are now codified at 24 CFR 5.105(a)(2). The Equal Access Rule also provides definitions for the terms sexual orientation and gender identity, and revises the definition for the term family at Sec. 5.403, which applies broadly unless otherwise provided in the regulations for a specific HUD program. In addition, the Equal Access Rule made revisions to specific HUD programs. See 24 CFR part 200-- Introduction to FHA Programs, revisions to sections defining family, determining income adequacy, and applying the definition of family; 24 CFR part 570--Community Development Block Grants, revisions to the section defining family and household; 24 CFR part 574--Housing Opportunities for Persons with AIDS, revision to the section defining family; 24 CFR part 891--Supportive Housing For the Elderly and Persons with Disabilities, revision to the definition of family; and 24 CFR part 892--Section 8 Tenant-Based Assistance: Housing Choice Voucher Program, revisions to the sections defining family, eligibility, and targeting. --------------------------------------------------------------------------- \1\ See Section 2 of the Housing Act of 1949 at 42 U.S.C. 1441 (Congressional Declaration of National Housing Policy). --------------------------------------------------------------------------- In publishing the Equal Access Rule, HUD noted that establishment of the equal access policy in HUD's Native American programs would be undertaken by separate rulemaking. (See 77 FR 5662, at footnote 3.) Since implementing the Equal Access Rule, it has been HUD's intention to apply the same non-discrimination requirements to HUD's Native American and Native Hawaiian programs, after undergoing tribal consultation to solicit feedback on this proposal. Since the publication of the Equal Access Rule, the Federal Government has continued to broaden protections for LGBT individuals and families where Federal funding is involved. For example, the Violence Against Women Reauthorization Act of 2013 (VAWA) includes a provision that prohibits discrimination based on gender identity and sexual orientation by recipients of VAWA funds or assistance administered by the U.S. Department of Justice's Office on Violence Against Women. Additionally, on July 21, 2014, President Obama signed Executive Order 13672, titled, ``Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,'' which prohibits the Federal Government and Federal contractors from discriminating on the basis of sexual orientation or gender identity.\2\ --------------------------------------------------------------------------- \2\ See http://www.thefederalregister.org/fdsys/pkg/FR-2014-07-23/pdf/2014-17522.pdf. --------------------------------------------------------------------------- As discussed in the preamble to the January 24, 2011, proposed Equal Access Rule, at 76 FR 4194, and in the preamble to the final Equal Access Rule, the Federal government has a goal of providing everyone in the United States with a decent and suitable place to live. In furtherance of this, HUD has a responsibility to ensure that all who are otherwise eligible to participate in HUD programs will not be excluded based on sexual orientation, gender identity, or marital status, which are irrelevant to eligibility for or participation in those programs. By applying the core protections of the Equal Access Rule to HUD's Native American and Native Hawaiian programs, HUD will conform with its own precedent of equal access, as well as other Federal precedent, to ensure that Federal funds are not used to exclude persons from Federally-assisted programs because of sexual orientation, gender identity, or marital status. Applying the Equal Access Rule to HUD's Native American and Native Hawaiian programs will also ensure consistency where there is an overlap between HUD's Native American and Native Hawaiian programs and other HUD programs, which are already subject to the requirements in the Equal Access Rule. II. This Proposed Rule With tribal consultation completed, as explained below in Section III, HUD is proposing to amend regulations for its Native American and Native Hawaiian programs so that they conform to the Equal Access Rule. The regulations would require that access be provided without regard to actual or perceived sexual orientation, gender identity, or marital status in housing assisted or insured under these programs. The proposed rule would add the equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2) to the Native American and Native Hawaiian programs identified below. HUD's rule at 24 CFR 5.105(a)(2) incorporates the definitions of ``sexual orientation'' and ``gender identity'' provided in Sec. 5.100, and these definitions will apply to the Native American and Native Hawaiian programs. This proposed rule would not change the definition of ``family'' for Native American and Native Hawaiian programs. At the final rule stage, HUD intends to make conforming amendments to Sec. 5.105(a)(2) to make explicit that the requirements in Sec. 5.105(a)(2) apply to housing with loans guaranteed or insured under one of HUD's Native American or Native Hawaiian housing programs and not only the FHA mortgage insurance program. Specifically, this proposed rule would amend HUD's regulations for Native American Housing Activities, at 24 CFR part 1000; Community Development Block Grants for Indian Tribes and Alaska Native Villages, at 24 CFR part 1003; the Section 184 Indian Home Loan Guarantee Program, at 24 CFR part 1005; the Native Hawaiian Housing Block Grant Program, at 24 CFR part 1006; and Section 184A Loan Guarantees For Native Hawaiian Housing, at 24 CFR part 1007 to incorporate the Sec. 5.105(a)(2) requirements. On November 20, 2015, HUD published in the Federal Register, at 80 FR 72642, a proposed rule titled ``Equal Access in Accordance with an Individual's Gender Identity in Community Planning and Development Programs'' (the CPD Equal Access Rule), which would amend certain provisions of Sec. 5.105(a)(2). While the CPD Equal Access Rule would not amend the Equal Access Rule's requirement that access be provided without regard to actual or perceived sexual orientation, gender identity, or marital status in HUD-assisted or HUD-insured housing, the CPD Equal Access Rule is proposing changes to 24 CFR 5.105(a)(2) and to the definition of ``gender identity'' in 24 CFR 5.100, which this rule is seeking to adopt for Native American and Native Hawaiian programs. If the CPD Equal Access Rule and this rule both become final, the changes proposed in the CPD Equal Access Rule would apply to the Native American and Native Hawaiian programs. Specifically, the proposed rule seeks to remove the prohibition of inquiries at Sec. 5.105(a)(2)(ii), which HUD believes may hinder a provider from making an appropriate placement decision with regard to transgender individuals and other persons who do not identify with the sex they were assigned at birth. For this reason, the CPD Equal Access Rule [[Page 28039]] proposes to remove the prohibition of inquiries. It is not HUD's intent, however, to now permit recipients or subrecipients to ask questions in order to seek information that could be used for discriminatory purposes. The CPD Equal Access Rule is also proposing to amend the definition of gender identity in Sec. 5.100, which currently provides that ``Gender identity means actual or perceived gender- related characteristics.'' The new definition would more clearly reflect the difference between actual and perceived gender identity. The definition of gender identity would now read as follows: ``Gender identity means the gender with which a person identifies, regardless of the sex assigned to that person at birth. Perceived gender identity means the gender with which a person is perceived to identify based on that person's appearance, behavior, expression, other gender-related characteristics, or sex assigned to the individual at birth.'' III. Tribal Consultation HUD's policy is to consult with Indian tribes early in the rulemaking process on matters that have tribal implications. Accordingly, on January 28, 2015, HUD sent letters to Tribal leaders informing them of the nature of the forthcoming rule and soliciting comments. The deadline for comments under this informal consultation was February 27, 2015. HUD received one response to the consultation letter from a tribally designated housing entity, which said it opposed the proposed rule. HUD received a second response on behalf of a housing development and management organization that states that section 106(b)(2)(A) of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4166(b)(2)(A)) requires HUD to use negotiated rulemaking in order to amend NAHASDA regulations.. The letter also stated that the rule should not prohibit tribes from considering marital status in making eligibility determinations for housing assisted or insured by HUD because tribes have authority to govern domestic relations of their members. This letter also asked for more specificity on the rule and more ways to participate in the consultation process. The requirement to undertake negotiated rulemaking pertains to regulations that implement NAHASDA statutory requirements. This rule pertains to nondiscrimination requirements and does not pertain to regulations that implement NAHASDA statutory requirements. The entities that submitted comments in response to the consultation letter, and all other tribes and interested parties now have the opportunity to provide further comments on this proposed rule, and HUD welcomes such comments. IV. Findings and Certifications Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This proposed rule does not impose any new costs, or modify existing costs, applicable to HUD grantees. Rather, the purpose of this proposed rule is to ensure equal access to HUD's Native American and Native Hawaiian programs, regardless of sexual orientation or gender identity. Accordingly, the undersigned certifies that this rule will not have a significant economic impact on a substantial number of small entities. Environmental Impact This proposed rule sets forth nondiscrimination standards. Accordingly, under 24 CFR 50.19(c)(3), this proposed rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Executive Order 13132, Federalism Executive Order 13132 (entitled ``Federalism'') prohibits an agency from publishing any rule that has federalism implications if the rule either: (i) Imposes substantial direct compliance costs on state and local governments and is not required by statute, or (ii) preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This proposed rule would not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) (UMRA) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and on the private sector. This proposed rule would not impose any federal mandates on any state, local, or tribal governments, or on the private sector, within the meaning of the UMRA. List of Subjects 24 CFR Part 1000 Aged, Community development block grants, Grant programs--housing and community development, Grant programs--Indians, Indians, Individuals with disabilities, Public housing, Reporting and recordkeeping requirements. 24 CFR Part 1003 Alaska, Community development block grants, Grant programs--housing and community development, Grant programs--Indians, Indians, Reporting and recordkeeping requirements. 24 CFR Part 1005 Indians, Loan programs--Indians, Reporting and recordkeeping requirements. 24 CFR Part 1006 Community development block grants, Grant programs--housing and community development, Grant programs--Indians, Hawaiian Natives, Low and moderate income housing, Reporting and recordkeeping requirements. 24 CFR Part 1007 Hawaiian Natives, Loan programs--housing and community development, Loan programs--Indians, Reporting and recordkeeping requirements. Accordingly, for the reasons stated in the preamble, HUD proposes to amend 24 CFR parts 1000, 1003, 1005, 1006, and 1007, as follows: PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES 0 1. The authority citation for 24 CFR part 1000 continues to read as follows: Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d). 0 2. In Sec. 1000.12, add paragraph (e) to read as follows: Sec. 1000.12 What nondiscrimination requirements are applicable? * * * * * (e) The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2). PART 1003--COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND ALASKA NATIVE VILLAGES 0 3. The authority citation for 24 CFR part 1003 continues to read as follows: [[Page 28040]] Authority: 42 U.S.C. 3535(d) and 5301 et seq. 0 4. In Sec. 1003.601, add paragraph (c) to read as follows: Sec. 1003.601 Nondiscrimination. * * * * * (c) A grantee shall comply with the equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2). PART 1005--LOAN GUARANTEES FOR INDIAN HOUSING 0 5. The authority citation for 24 CFR part 1005 continues to read as follows: Authority: 12 U.S.C. 1715z-13a; 15 U.S.C. 1639c; 42 U.S.C. 3535(d). 0 6. Add Sec. 1005.115 to read as follows: Sec. 1005.115 Equal Access. The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2) apply to this part. PART 1006--NATIVE HAWAIIAN HOUSING BLOCK GRANT PROGRAM 0 7. The authority citation for 24 CFR part 1006 continues to read as follows: Authority: 25 U.S.C. 4221 et seq.; 42 U.S.C. 3535(d). 0 8. Amend Sec. 1006.355 to read as follows: 0 a. The undesignated paragraph is revised and designated as paragraph (a); 0 b. Redesignate paragraphs (a), (b), and (c) as paragraphs (a)(1), (a)(2), and (a)(3); 0 c. Redesignate paragraphs (c)(1) and (c)(2) as paragraphs (a)(3)(i) and (a)(3)(ii); and 0 d. Add paragraph (a)(4) Sec. 1006.355 Nondiscrimination requirements. (a) Program eligibility under the Act and this part may be restricted to Native Hawaiians. Subject to the preceding sentence, no person may be discriminated against on the basis of race, color, national origin, religion, sex, familial status, or disability, or excluded from program eligibility because of actual or perceived sexual orientation, gender identity, or marital status. The following nondiscrimination requirements are applicable to the use of NHHBG funds: * * * * * (4) The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2). (b) [RESERVED] PART 1007--SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING 0 9. The authority citation for 24 CFR part 1007 continues to read as follows: Authority: 12 U.S.C. 1715z-13b; 15 U.S.C. 1639c; 42 U.S.C. 3535(d). 0 10. Amend Sec. 1007.45 to revise the heading, designate the undesignated paragraph as paragraph (a), and add paragraph (b) to read as follows: Sec. 1007.45 Nondiscrimination (a) * * * (b) The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2) apply to this part. Dated: March 30, 2016. Lourdes Castro Ramirez, Principal Deputy Assistant Secretary for Public and Indian Housing. [FR Doc. 2016-10753 Filed 5-6-16; 8:45 am] BILLING CODE 4210-67-P
![Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed Rules 28037
TABLE 1—INFORMATION ON PARTICIPATION IN THE MEETING—Continued
Regional outreach Special Other
Date Address Preregister Electronic address
meetings accommodations information
Michigan Regional June 21, 2016, Double Tree June 10, 2016: Please preregister at http:// June 9, 2016: Registration
Outreach Meeting. from 8:30 a.m. Suites by Hilton Closing date for www.fda.gov/Food/NewsEvents/ Closing date to check-in be-
to 3 p.m. EDT. Hotel Detroit— Registration. WorkshopsMeetingsConferences/ request special gins at 8
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Shelby, 525 W due to a dis-
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1 You may also register via email, mail, or fax. Please include your name, title, firm name, address, and phone and fax numbers in your registration information and
send to: Peggy Walker, Planning Professionals Ltd., 1210 West McDermott St., Suite 111, Allen, TX 75013, 214–384–0667, FAX: 469–854–6992, email: pwalker@
planningprofessionals.com.
Dated: May 4, 2016. ADDRESSES: Interested persons are at the HUD Headquarters building, an
Leslie Kux, invited to submit comments regarding advance appointment to review the
Associate Commissioner for Policy. this proposed rule to the Regulations public comments must be scheduled by
[FR Doc. 2016–10799 Filed 5–6–16; 8:45 am] Division, Office of General Counsel, calling the Regulations Division at 202–
BILLING CODE 4164–01–P
Department of Housing and Urban 708–3055 (this is not a toll-free
Development, 451 7th Street SW., Room number). Individuals with speech or
10276, Washington, DC 20410–0500. hearing impairments may access this
Communications must refer to the above number via TTY by calling the Federal
DEPARTMENT OF HOUSING AND docket number and title. There are two Relay Service, toll free, at 800–877–
URBAN DEVELOPMENT methods for submitting public 8339. Copies of all comments submitted
comments. All submissions must refer are available for inspection and
24 CFR Parts 1000, 1003, 1005, 1006,
to the above docket number and title. downloading at www.regulations.gov.
and 1007
1. Submission of Comments by Mail. FOR FURTHER INFORMATION CONTACT:
[Docket No. FR 5861–P–01] Comments may be submitted by mail to [Contact Name to be Inserted], Office of
the Regulations Division, Office of Native American Programs, Office of
RIN 2577–AC96 General Counsel, Department of Public and Indian Housing, Department
Housing and Urban Development, 451 of Housing and Urban Development,
Equal Access to Housing in HUD’s
7th Street SW., Room 10276, 451 7th Street SW., Room 5206,
Native American and Native Hawaiian
Washington, DC 20410–0500. Washington, DC 20410–8000; telephone
Programs—Regardless of Sexual
2. Electronic Submission of number 202–708–2333 (this is not a toll-
Orientation or Gender Identity
Comments. Interested persons may free number). Persons with hearing or
AGENCY: Office of the Assistant submit comments electronically through speech impairments may access this
Secretary for Public and Indian the Federal eRulemaking Portal at number through TTY by calling the toll-
Housing, HUD. www.regulations.gov. HUD strongly free Federal Relay Service at 800–877–
ACTION: Proposed rule. encourages commenters to submit 8339.
comments electronically. Electronic SUPPLEMENTARY INFORMATION:
SUMMARY: This proposed rule would submission of comments allows the
commenter maximum time to prepare I. Background
revise regulations for HUD’s Native
American and Native Hawaiian and submit a comment, ensures timely On February 3, 2012, HUD published
programs to incorporate existing rules receipt by HUD, and enables HUD to in the Federal Register, at 77 FR 5662,
that require HUD programs to be open make them immediately available to the a final rule titled ‘‘Equal Access to
to all eligible individuals and families public. Comments submitted Housing in HUD Programs Regardless of
regardless of sexual orientation, gender electronically through the Sexual Orientation or Gender Identity’’
identity, or marital status. Since HUD www.regulations.gov Web site can be (the Equal Access Rule) in order to
promulgated the ‘‘Equal Access to viewed by other commenters and address evidence that lesbian, gay,
Housing in HUD Programs Regardless of interested members of the public. bisexual, and transgender (LGBT)
Sexual Orientation or Gender Identity’’ Commenters should follow the individuals and families do not have
final rule in February, 2012, HUD has instructions provided on that site to equal access to housing, and to promote
required that HUD-assisted and HUD- submit comments electronically. the federal goal of providing decent
insured housing be made available in housing and a suitable living
Note: To receive consideration as public
accordance with program eligibility comments, comments must be submitted
environment for all.1 The Equal Access
requirements and without regard to through one of the two methods specified Rule requires that housing assisted or
sexual orientation, gender identity, or above. Again, all submissions must refer to insured by HUD be made available to
marital status, and has generally the docket number and title of the rule. individuals and families without regard
prohibited inquiries into sexual to actual or perceived sexual
No Facsimile Comments. Facsimile
mstockstill on DSK3G9T082PROD with PROPOSALS
orientation or gender identity. In orientation, gender identity, or marital
(fax) comments are not acceptable. status. Additionally, the rule prohibits
applying these non-discrimination Public Inspection of Public
requirements to HUD’s Native American owners and administrators of HUD-
Comments. All properly submitted assisted or HUD-insured housing,
and Native Hawaiian programs, this comments and communications
proposed rule would further the Federal approved lenders in an FHA mortgage
submitted to HUD will be available for
goal of providing decent housing and a public inspection and copying between 1 See Section 2 of the Housing Act of 1949 at 42
suitable living environment for all. 8 a.m. and 5 p.m., weekdays, at the U.S.C. 1441 (Congressional Declaration of National
DATES: Comments due: July 8, 2016. above address. Due to security measures Housing Policy).
VerDate Sep<11>2014 16:16 May 06, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\09MYP1.SGM 09MYP1](https://thefederalregister.org/doc/81_FR_28126/page/1.svg)
![28040 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed Rules
Authority: 42 U.S.C. 3535(d) and 5301 et Authority: 12 U.S.C. 1715z–13b; 15 U.S.C. Mailbox #24, Alexandria, VA 22350–
seq. 1639c; 42 U.S.C. 3535(d). 1700.
■ 4. In § 1003.601, add paragraph (c) to ■ 10. Amend § 1007.45 to revise the Instructions: All submissions received
read as follows: heading, designate the undesignated must include the agency name and
paragraph as paragraph (a), and add docket number or Regulatory
§ 1003.601 Nondiscrimination.
paragraph (b) to read as follows: Information Number (RIN) for this
* * * * *
Federal Register document. The general
(c) A grantee shall comply with the § 1007.45 Nondiscrimination
equal access to HUD-assisted or insured policy for comments and other
(a) * * * submissions from members of the public
housing requirements in 24 CFR (b) The equal access to HUD-assisted
5.105(a)(2). is to make these submissions available
or insured housing requirements in 24 for public viewing on the Internet at
CFR 5.105(a)(2) apply to this part. http://www.regulations.gov as they are
PART 1005—LOAN GUARANTEES
FOR INDIAN HOUSING Dated: March 30, 2016. received without change, including any
Lourdes Castro Ramirez, personal identifiers or contact
■ 5. The authority citation for 24 CFR information.
Principal Deputy Assistant Secretary for
part 1005 continues to read as follows: Public and Indian Housing. FOR FURTHER INFORMATION CONTACT:
Authority: 12 U.S.C. 1715z–13a; 15 U.S.C. [FR Doc. 2016–10753 Filed 5–6–16; 8:45 am] Marsha Jacobson, 571–372–1900.
1639c; 42 U.S.C. 3535(d). BILLING CODE 4210–67–P SUPPLEMENTARY INFORMATION: The
■ 6. Add § 1005.115 to read as follows: Federal government has provided
§ 1005.115 Equal Access. educational services to the dependent
DEPARTMENT OF DEFENSE children of Federal employees residing
The equal access to HUD-assisted or
on Federal military installations under
insured housing requirements in 24 CFR Office of the Secretary various legal authorities and Federal
5.105(a)(2) apply to this part.
statutes since 1820. In 1950, schools
PART 1006—NATIVE HAWAIIAN 32 CFR Part 71 were established on military
HOUSING BLOCK GRANT PROGRAM installations under section 6 of Public
[Docket ID: DOD–2013–OS–0181]
Law 81–874, Impact Aid Act (codified at
■ 7. The authority citation for 24 CFR RIN 0790–AJ13 20 U.S.C. 241). In 1994, Congress
part 1006 continues to read as follows: repealed Public Law 81–874 and passed
Authority: 25 U.S.C. 4221 et seq.; 42 Eligibility Requirements for Minor Public Law 103–337, the FY1995
U.S.C. 3535(d). Dependents To Attend DoD Domestic National Defense Authorization Act
■ 8. Amend § 1006.355 to read as Dependent Elementary and Secondary (codified at 10 U.S.C. 2164), creating the
follows: Schools (DDESS) Domestic Dependent and Elementary
■ a. The undesignated paragraph is and Secondary Schools (DDESS). Under
AGENCY: Under Secretary of Defense for
revised and designated as paragraph (a); 10 U.S.C. 2164, the Department of
Personnel and Management, DoD.
■ b. Redesignate paragraphs (a), (b), and Defense operates approximately 65
(c) as paragraphs (a)(1), (a)(2), and (a)(3); ACTION: Proposed rule. elementary and secondary schools on
■ c. Redesignate paragraphs (c)(1) and
SUMMARY: This proposed rule updates federal installations in the United States
(c)(2) as paragraphs (a)(3)(i) and policy and procedures for minor and its territories, possessions, and
(a)(3)(ii); and dependents attending schools operated commonwealths.
■ d. Add paragraph (a)(4) Since the passage of 10 U.S.C. 2164 in
by DOD pursuant to 10 U.S.C. 2164. The
1994, Congress has passed a number of
§ 1006.355 Nondiscrimination proposed rule outlines procedures for
minor changes to the statute’s eligibility
requirements. eligibility, application and enrollment
provisions in order to provide DDESS
(a) Program eligibility under the Act in DOD schools and describes
with the flexibility to meet developing
and this part may be restricted to Native procedures for reimbursement of
real-world contingencies. While the
Hawaiians. Subject to the preceding educational services. This proposed rule
overall student enrollment in DDESS
sentence, no person may be discusses provision for the elementary
schools has declined in recent years as
discriminated against on the basis of and secondary education to minor
a result of the reductions in the military
race, color, national origin, religion, sex, dependents of members of the armed
force, the statutory changes have
familial status, or disability, or excluded forces and civilian employees of the
minimally expanded eligibility to
from program eligibility because of Federal Government residing within the
certain categories of personnel.
actual or perceived sexual orientation, United States (including the territories, These categories of personnel include
gender identity, or marital status. The commonwealths, and possessions of the the dependents of military personnel
following nondiscrimination United States). killed in combat-related operations (i.e.,
requirements are applicable to the use of DATES: Comments must be received by fallen soldiers); the dependents of
NHHBG funds: July 8, 2016. wounded and injured military
* * * * * ADDRESSES: You may submit comments, personnel receiving medical care at
(4) The equal access to HUD-assisted identified by docket number and/or RIN military hospitals on installations with
or insured housing requirements in 24 number and title, by any of the DDESS schools (i.e. wounded warriors);
mstockstill on DSK3G9T082PROD with PROPOSALS
CFR 5.105(a)(2). following methods: and to students enrolled in an overseas
(b) [RESERVED] • Federal Rulemaking Portal: http:// DoD school who have been required to
www.regulations.gov. Follow the depart the overseas location as a result
PART 1007—SECTION 184A LOAN
instructions for submitting comments. of an evacuation order. Given the
GUARANTEES FOR NATIVE
Mail: Department of Defense, Office of overall decline in student enrollment
HAWAIIAN HOUSING
the Deputy Chief Management Officer, associated with the reduction of the
■ 9. The authority citation for 24 CFR Directorate of Oversight and military force, there are no additional
part 1007 continues to read as follows: Compliance, 4800 Mark Center Drive, costs associated with this rulemaking
VerDate Sep<11>2014 16:16 May 06, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\09MYP1.SGM 09MYP1](https://thefederalregister.org/doc/81_FR_28126/page/4.svg)
Document Created: 2018-02-07 14:50:13
Document Modified: 2018-02-07 14:50:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments due: July 8, 2016. | |
| Contact | [Contact Name to be Inserted], Office of Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 5206, Washington, DC 20410-8000; telephone number 202-708-2333 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339. | |
| FR Citation | 81 FR 28037 | |
| RIN Number | 2577-AC96 | |
| CFR Citation | 24
CFR
1000 24 CFR 1003 24 CFR 1005 24 CFR 1006 24 CFR 1007 | |
| CFR Associated | Aged; Community Development Block Grants; Grant Programs-Housing and Community Development; Grant Programs-Indians; Indians; Individuals with Disabilities; Public Housing; Reporting and Recordkeeping Requirements; Alaska; Loan Programs-Indians; Hawaiian Natives; Low and Moderate Income Housing and Loan Programs-Housing and Community Development |
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