Grantees are subject to the requirements
in 45 CFR Part 74 (non-governmental) or 45 CFR Part 92 (governmental).
Direct Federal grants, sub-award funds, or contracts shall
not be used to support inherently religious activities such
as religious instruction, worship, or proselytization. Therefore,
organizations must take steps to separate, in time or location,
their inherently religious activities from federally-funded
services or activities. Regulations pertaining to the Equal
Treatment for Faith-Based Organizations, which include the
prohibition against Federal funding of inherently religious
activities, can be found at either 45 CFR 87.1 or the HHS
website at http://www.os.hhs.gov/fbci/waisgate21.pdf
.
A faith-based organization receiving HHS funds retains
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.
For example, a faith-based organization may use space in
its facilities to provide secular programs or services funded
with Federal funds without removing religious art, icons,
scriptures, or other religious symbols. In addition, a faith-based
organization that receives Federal funds 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.
Faith-based and community organizations may reference the
"Guidance to Faith-Based and Community Organizations
on Partnering with the Federal Government" at: http://www.whitehouse.gov/government/fbci/guidance/index.html.
For further explanation and practical examples, also see
"Promoting Equal Treatment: A Guide for State &
Local Compliance with Federal Regulations" found at
http://www.whitehouse.gov/government/fbci/equal-treatment.html.
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