Additional Requirement 23: Compliance with 45 CFR Part 87

Overview

Faith-based organizations are eligible to receive federal financial assistance, and their applications are evaluated in the same manner and using the same criteria as those for non-faith-based organizations in accordance with Executive Order 13279, Equal Protection of the Laws for Faith-Based and Community Organizations. All applicants should, however, be aware of restrictions on the use of direct financial assistance from the Department of Health and Human Services (HHS) for inherently religious activities. Under the provisions of Title 45, Parts 74, 87, 92, and 96, organizations that receive direct financial assistance from HHS under any HHS program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as a part of the programs or services funded with direct financial assistance from HHS.

If an organization engages in such activities, it must offer them separately, in time or location, from the programs or services funded with direct HHS assistance, and participation must be voluntary for the beneficiaries of the programs or services funded with such assistance. A religious organization that participates in the HHS funded programs or services will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct financial assistance from HHS to support inherently religious activities such as those activities described above.

A faith-based organization may, however, use space in its facilities to provide programs or services funded with financial assistance from HHS without removing religious art, icons, scriptures, or other religious symbols. In addition, a religious organization that receives financial assistance from HHS retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents in accordance with all program requirements, statutes, and other applicable requirements governing the conduct of HHS funded activities. For further guidance on the use of HHS direct financial assistance see Title 45, Code of Federal Regulations, Part 87, Equal Treatment for Faith-Based Organizations.

Related material

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