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Religious Issues: “Equal Treatment” Rules and Safeguards

Understand legal regulations and safeguards regarding equal treatment of faith-based organizations in HHS grant programs. Learn rules about religious activities, funding decisions, program maintenance, and more. Ensure compliance with relevant guidelines.

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Religious Issues: “Equal Treatment” Rules and Safeguards

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  1. 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

  2. Legal Regulations and Safeguards • 45 CFR Part 87 applies to most HHS grant programs including SCF. • Funding decisions may not be influenced by organizations’ religious character or affiliation, or lack of religious character or affiliation.

  3. Legal Regulations and Safeguards • 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.

  4. Legal Regulations and Safeguards • Faith-based and Community organizations (FBCOs) may conduct religious activities, outside of the programs to be improved through SCF, as long as they are: • Separate in time or location • Voluntary for program participants, and • Privately funded

  5. Legal Regulations and Safeguards • Allocate costs of items that are intended to benefit both the Federally funded program and other work. • Normally costs of carrying out the five critical “capacity building areas” do not need to be allocated.

  6. Legal Regulations and Safeguards • FBOs are free to maintain their religious character and symbols.

  7. Legal Regulations and Safeguards • FBOs retain religious hiring exemption. • FBCOs in the SCF program may not discriminate against program beneficiaries based on their religion or religious belief.

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

  9. Legal Regulations and Safeguards Contact information: Please contact your Federal Project Officer for any questions pertaining to your specific program.

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