Religious Issues: “Equal Treatment” Rules and Safeguards

Llewellyn Woolford, Jr.

Assistant Chief Counsel Office of the General Counsel U.S. Department of Health and Human Services

Legal Regulations and Safeguards

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45 CFR Part 87 applies to most HHS grant programs including SCF.

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Funding decisions may not be influenced by organizations’ religious character or affiliation, or lack of religious character or affiliation.

Legal Regulations and Safeguards

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SCF grantees, sub-grantees and project partners may not engage in “inherently religious activities" as part of the programs or services to be improved through SCF.

Legal Regulations and Safeguards

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Faith-based and Community organizations (FBCOs) may conduct religious activities, outside of the programs to be improved through SCF, as long as they are:

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Separate in time or location

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Voluntary for program participants, and

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Privately funded

Legal Regulations and Safeguards

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Allocate costs of items that are intended to benefit both the Federally funded program and other work.

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Normally costs of carrying out the five critical “capacity building areas” do not need to be allocated.

Legal Regulations and Safeguards

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FBOs are free to maintain their religious character and symbols.

Legal Regulations and Safeguards

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FBOs retain religious hiring exemption.

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FBCOs in the SCF program may not discriminate against program beneficiaries based on their religion or religious belief.

Legal Regulations and Safeguards

Use Government Funds in Compliance with: 45 CFR Part 87, ACF Policy Guidance, White House Guidance, and Constitutional Principles

Legal Regulations and Safeguards

Contact information:

Please contact your Federal Project Officer for any questions pertaining to your specific program.