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 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. 2

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.

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

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.

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

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.

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.