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Transforming Government |
Seven years after the FBCI’s inception, the Federal government has become far more welcoming to the faith-based and community-based partnerships. It is difficult to overstate the significance of leveling the playing field that previously disfavored many helpful and engaged organizations in solving the greatest social challenges facing the nation. Robert Tuttle, a Constitutional scholar and George Washington University law professor, put it this way:
I think we have seen about the most dramatic administrative change that is possible for those inside the Beltway to conceive… the idea that you go from a government that was in form as well as practice quite hostile to many kinds of religious organizations participating in government funding programs to one that has now institutionalized an expectation—it’s not always practiced, but an expectation of equal treatment. I mean, that’s a remarkable change and that’s a change that didn’t happen because of Charitable Choice although the groundwork was there. It’s happened because of the Faith-Based and Community Initiative.1
To comprehend the magnitude of this accomplishment, it is necessary to understand the Federal government’s shift from adherence to and application of the Supreme Court’s pervasively sectarian standard to the equal treatment standards adopted by the Court over the past couple of decades. While the Federal courts began moving in this direction in the 1980s, the Federal government did not follow suit until President Bush’s Executive Orders required it to do so. Foundational to this achievement are 16 rule changes affecting virtually all human service programs across the government. These regulatory changes have been complemented by concerted action by Federal agencies to eliminate barriers to participation by faith-based and community-based nonprofit organizations and the development of innovative program models for expanding partnerships with small and novice community organizations.
16 Regulations Implementing the Faith-Based and Community Initiative
|
Agency |
Effective or Proposed Date |
Description |
Federal Register Citation |
Code of Federal Register (CFR) Citation |
U.S. Department of Housing and Urban Development (HUD) |
10/30/03 |
Changed discriminatory language in eight programs, applies general equal treatment principles. Applies to HOME, Community Services Block Grant (CDBG) , HOPE, Housing Opportunities for Persons with AIDS (HOPWA), Emergency Shelter Grant, Shelter Plus Care (S+C), Supportive Housing, Youthbuild |
68 Fed. Reg. 56396 |
24 CFR Parts 92, 570, 572, 574, 576, 582, 583, and 585 |
U.S. Department of Health and Human Services Temporary Assistance for Needy Families (TANF) |
10/30/03 |
Implemented Temporary Assistance for Needy Families Charitable Choice Provisions |
68 Fed. Reg. 56449 |
45 CFR Part 260 |
U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) |
10/30/03 |
Implemented Substance Abuse and Mental Health Services Administration Charitable Choice Provisions. |
68 Fed. Reg. 56430 |
42 CFR Parts 54, 54a, and 96 |
U.S. Department of Health and Human Services Community Services Block Grant (CSBG) |
10/30/03 |
Implemented Community Services Block Grant Charitable Choice provisions |
68 Fed. Reg. 56466 |
45 CFR Part 1050 |
U.S. Department of Labor Office of Federal Contract Compliance Programs |
10/30/03 |
Amended regulation to reflect President Bush’s amendment to Executive Order 11246 regarding Title VII exemption for Federal contractors |
68 Fed. Reg. 56392 |
41 CFR Part 60–1 |
U.S. Department of Justice (DOJ) |
02/20/04 |
General affirmative statement of equal treatment principles |
69 Fed. Reg. 2832 |
28 CFR Parts 31, 33, 38, 90, 91, and 93 |
U.S. Department of Education |
07/06/04 |
General affirmative statement of equal treatment principles |
69 Fed. Reg. 31708 |
34 CFR Parts 74, 75, 76, 80 |
U.S. Department of Veterans Affairs Homelessness Providers Grant and Per Diem Program |
07/08/04 |
Changes existing regulation to protect Title VII hiring rights and to remove “religious influence” language, general affirmative statement of equal treatment principles |
69 Fed. Reg. 31883 |
38 CFR Part 61 |
U.S. Department of Housing and Urban Development (HUD) |
08/09/04 |
General affirmative statement of equal treatment principles |
69 Fed. Reg. 41712 |
24 CFR Parts 5 and 570 |
U.S. Department of Agriculture (USDA) |
08/09/04 |
General affirmative statement of equal treatment principles |
69 Fed. Reg. 41375 |
7 CFR Part 16 |
U.S. Department of Health and Human Services |
08/016/04 |
General affirmative statement of equal treatment principles |
69 Fed. Reg. 42586 |
45 CFR Parts 74, 92, 96, and 87 |
U.S. Department of Labor (DOL) |
08/11/04 |
General affirmative statement of equal treatment principles; permits individual training account vouchers to be used for religious job training; addresses accommodation of students’ religious exercise in the Job Corps program |
69 Fed. Reg. 41882 |
20 CFR Parts 667, 670 and 29 CFR 2, 37 |
U.S. Department of Labor Workforce Investment Act |
08/11/04 |
Addresses use of funds for employment constructing, operating, or maintaining religious buildings |
69 Fed. Reg. 41894 |
29 CFR Part 37 |
U.S. Department of Housing and Urban Development Indian Community Development Block Grant & Indian HOME |
11/22/04 |
Amends U.S. Department of Housing and Urban Development regulations regarding Indian programs in same manner as other Community Development Block Grant and HOME rules were amended |
69 Fed. Reg. 62164 |
24 CFR Parts 954 and 1003 |
U.S. Agency for International Development (USAID) |
10/19/04 |
General affirmative statement of equal treatment principles |
69 Fed. Reg. 61716 |
22 CFR Parts 202, 205, 211, and 226 |
U.S. Department of Commerce |
09/27/06 |
Amends Economic Development Administration rules to clarify eligibility of faith-based organizations |
71 Fed. Reg. 56658 |
13 CFR Chapter III |
U.S. Department of Homeland Security |
Proposed: 01/14/08 |
General affirmative statement of equal treatment principles |
73 Fed. Reg. 2187 |
6 CFR Part 19 and 4 CFR Part 206 |
The general regulations provide clear and detailed guidance regarding faith-based organizations’ religious character, independence, and religious activities, very closely tracking the language of Executive Order 13279. They also confirm the Title VII right of faith-based organizations to select employees who share their vision and mission, including religious beliefs, under all of the grant programs covered by the regulations.
Learn more about the legal history of these regulatory principles.
1Transcript of Opening Remarks, Plenary Session: Acts of Law, Roundtable on Religion and Social Policy, p. 32 (December 5, 2007).
