FOR IMMEDIATE RELEASE:
Thursday,
Dec. 12, 2002
Contact: ACF Press
Office
(202) 401-9215
HHS
PROPOSES NEW REGULATIONS FOR FAIR TREATMENT
OF RELIGIOUS GRANTEE ORGANIZATIONS AND THEIR CLIENTS
Carrying out a
new step in President Bush’s Faith- and Community-Based Initiative,
the U.S. Department of Health and Human Services today announced proposed
regulations to clarify the rights and requirements for religious organizations
that use HHS funds in delivering services to needy Americans.
The proposed rules
would ensure that religious organizations are treated equally with others
when applying for HHS funds, and would also protect them from having
to make changes affecting their religious character when using those
funds. It would also make clear that organizations must serve all individuals
who are eligible for HHS services equally, regardless of their religious
affiliation or beliefs.
In addition, the
proposed regulations clarify that federal funds may not be used to pay
for religious activities, and that persons who are served by federal
programs may not be required to take part in those activities. The proposed
rules also provide for referrals to alternative providers if an individual
objects to an organization’s religious character.
“Our goal
is to help more faith- and community based organizations learn how they
can partner in our programs,” said HHS Secretary Tommy G. Thompson.
“These organizations will be more willing to work with us if we
make it clear how our partnership will work. The rules we are proposing
today provide a clear structure, so that religious organizations that
want to use HHS funding for service delivery can move ahead with confidence.”
The proposed regulations
build on HHS efforts earlier this year aimed at smaller faith- and community-based
organizations. In October, HHS awarded $30 million to provide technical
assistance to smaller faith-based and community organizations that do
not have expertise in obtaining or managing federal grants.
“HHS has worked
with religious organizations for decades, and they can be among our
most effective partners,” said Secretary Thompson. “Yet
there is so much opportunity for more participation by faith-based organizations,
especially smaller organizations. We want to do everything we can to
enlist these good soldiers.”
Today’s proposed
regulations carry out the provisions of several laws enacted from 1996
to 2000, known collectively as Charitable Choice legislation. These
laws were aimed at assuring that religious organizations are able to
compete on an equal footing with non-religious groups for federal grants,
without compromising their religious character or beliefs.
The proposed regulations
announced today would implement the Charitable Choice laws by clarifying:
Faith-based organizations
cannot be excluded from the competition for program funds simply because
they are religious.
- Religious organizations
that receive federal funds must serve all eligible participants, regardless
of those persons' religious beliefs.
- Religious organizations
that receive federal funds may continue to carry out their missions
consistent with their beliefs. For example, they may maintain a religious
environment and religious symbols in their facilities where HHS-supported
services are delivered.
- Religious organizations
that receive funds from covered programs have a federal right, under
existing civil rights law, to take their faith into account in making
employment decisions, permitting them to limit hiring to employees
who share their religious beliefs.
- Religious organizations
may not use direct program funds to support any inherently religious
activities (such as worship, religious instruction, or proselytization).
Faith-based organizations may still engage in these activities, but
they must be offered separately from the programs or services funded
with HHS assistance.
- Recipients of
services provided under Charitable Choice laws may receive services
from a provider to which they have no religious objection. The proposal
solicits comment on how best to provide the statutory referral and
alternative service procedures.
- For certain programs,
religious organizations must maintain separate accounts for the federal
funds they receive.
Charitable Choice
laws affect several HHS programs, located in the Administration for
Children and Families (ACF) and the Substance Abuse and Mental Health
Services Administration (SAMHSA).
Links to Comments
on Charitable Choice Regulations are:
Read
and Comment on the Charitable Choice Regulation for the Temporary Assistance
for Needy Families (TANF) Program
Read and Comment
on the Charitable Choice Regulation for the Community Services Block
Grant Program
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Note: All HHS press releases,
fact sheets and other press materials are available at http://www.hhs.gov/news.
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