# Presentation: 530375

## USDA

- Presenter:  Erin White

**USDA**
**U.S. Department of Agriculture**

## "The paramount goal is compassionate results, and private and charitable groups, including religious ones, should have the fullest opportunity permitted by law to compete on a level playing field, so long as they achieve valid public purposes.... The delivery of social services must be results-oriented and should value the bedrock principles of pluralism, nondiscrimination, evenhandedness, and neutrality.“President George W. BushJanuary 29, 2001, upon creating the Initiative

## "As part of the President's Faith Based and Community Initiative, USDA is partnering with   faith-based and community organizations to alleviate hunger and build strong communities. These efforts   to equip and empower faith-based groups are strengthening services to communities in need through our child and adult food programs, rural development assistance opportunities and international hunger prevention programs.“

*Secretary Mike Johanns *
*U.S. Department of Agriculture*

## Priorities

-  Educating faith-based and community organizations about programs that will enhance their capacity to serve
-  Seeking new opportunities to partner with faith-based and community groups to help more people in need
-  Reporting on progress to ensure that it is producing results for Americans in need

**Priorities**

## USDA has a long history of working with faith and community groups to help those in need...

- USDA has a long history of working with faith and community groups to help those in need...
**Alleviating hunger in America...**
- 	Food and Nutrition Service
- 	Cooperative State Research, Education, 	  			& Extension Service
**Alleviating hunger overseas...**
- 	Foreign Agricultural Service
**Building strong communities...**
- 	Rural Development
**Enhancing our environment...**
- 	Natural Resources Conservation Service

## USDA Faith-Based and

- 		*phone*	(202) 720-3631
- 		*e-mail*	_fbci@usda.gov_
- 		*website*	_www.usda.gov/fbci/_

**USDA Faith-Based and**
**Community Initiatives**

- Sign up to receive announcements on grant   opportunities, events, and other information
- _http://www.fbci.usda.gov/form/_

## Equal Treatment and the Faith-Based and Community Initiative

**Presenter:**
- Miriam R. Moore
- Deputy Director, U.S. Department of Justice
- Task Force on Faith-Based and Community Initiatives

## Why is the Initiative Necessary?

**Excluded faith-based groups, but not secular ones, from certain programs**

**Assumed faith-based groups could not partner with government because of their religious identity **

**Conditioned receiving assistance on an FBO’s willingness to accept restrictions on its religious identity and activities that were not legally mandated**

***Why is the Initiative Necessary?***

## Why is the Initiative Necessary?

- Favored prior grantees

**Federal Agencies**

**Small or novice FBCOs**

- Were unaware of FBCO services and capabilities

- Limited outreach to non-traditional partners

- Required unnecessarily complex applications and reporting

- Lacked information and experience

***Why is the Initiative Necessary?***

## Federal Responses to BarriersLeveling the Playing Field

**Policy and program changes to expand public/nonprofit/private partnerships**

**Federal Responses to Barriers*****Leveling the Playing Field***

**Innovative partnership strategies**

**Outreach and technical assistance**

## Federal Responses to BarriersLeveling the Playing Field

**Expand ways in which FBCOs can partner with government to meet people’s needs**

**Federal Responses to Barriers*****Leveling the Playing Field***

**Ensure the equal treatment of FBCOs in the administration and distribution of federal financial assistance**

*Con’t*

## Federal Responses to BarriersLeveling the Playing Field

**Federal Responses to Barriers*****Leveling the Playing Field***

**Protect the religious liberty of ****(1)**** FBCOs that partner with the federal government and ****(2)**** beneficiaries of federally-supported social service programs**

**Equip federal agencies and other entities to work more effectively with FBCOs**

## Core Principles of the Equal Treatment Regulations

***Constitutional Use of Federal Assistance***
***Equal Opportunity for All Organizations***
***Respect for the Rights of Faith-Based Organizations***
***Respect for the Religious Liberty of Beneficiaries***

## Federal Responses to BarriersLeveling the Playing Field

***Discrimination against faith-based groups (and others) is prohibited by:***

- _Executive Order 13279_, guaranteeing equal treatment for faith-based groups.

- _Federal Regulations_ at eight Federal Agencies (DOJ, DOL, HHS, HUD, DOEd, USDA, VA, USAID).
- 	USDA Regulation: 7 C.F.R. part 16

- Various federal “Charitable Choice” statutes (*e.g.*, 42 U.S.C. 290kk-1(d)(2)(B), relating to programs governed by SAMHSA)

## Federal Responses to BarriersLeveling the Playing Field

**Ensure equal treatment of and religious liberty for organizations providing services with federal financial assistance**

**Federal Responses to Barriers*****Leveling the Playing Field***

**Protect the religious liberty of beneficiaries**

**Clarify proper, constitutional uses of federal assistance**

## Core Principles of Equal Treatment: Constitutional Uses of Federal Assistance

***“******Direct” federal assistance*** includes most kinds of federal assistance provided to an organization *unless* the funding satisfies the tests for being “indirect” assistance (see next slide)

***“******Direct” federal assistance*** can be:

**Contracts**

**Grants**

**Sub-Awards**

**Cooperative Agreements **

**Loans**

**Formula and Block Grants**

## Core Principles of Equal Treatment: Constitutional Uses of Federal Assistance

***“******Indirect” federal assistance*** means the beneficiary:

***What are examples of “Indirect” federal assistance?***

**Vouchers**

**Certificates**

**Coupons **

**Is given genuine, independent choices**

**Freely chooses where to use the aid**

*To promote genuine and independent choice, program descriptions should briefly identify any religious elements.*

## Core Principles of Equal Treatment: Constitutional Uses of Federal Assistance

**Direct vs. Indirect**
**Federal Assistance**
**Direct:****	**
**Indirect:**

**FBCO**

**FBCO**

**CHOICE**

**SERVICE**

**SERVICE**

## Core Principles of Equal Treatment: Constitutional Uses of Federal Assistance

*How do you know if the use of federal assistance is ****proper and constitutional?***

_**Direct**_** funds cannot be used for “inherently religious activities” such as:**

**Prayer, Worship, Religious Instruction, or Proselytization**

**When are such activities permissible, if ever ?:**

**Privately funded**

**Separate in time or location**

**Voluntary**

## Core Principles of Equal Treatment: Constitutional Uses of Federal Assistance

***Strategies for Keeping Religious Activities Separate***
-  ***Content***
- 		Keep the focus on program topics
- 		Defer questions/requests for inherently religious activities
-  ***Time or Location***
- 		Hold inherently religious activities at a different time or 	location than government-funded services
-  ***Careful Accounting***
***	****	*Document program expenses
- 		Staff time accounting

## Core Principles of Equal Treatment: Constitutional Uses of Federal Assistance

***What happens if a grantee, partner, or subgrantee violates any of these rules?***
**Corrective action plan**
**Loss of grant funds**
**Repay funds received**
**Legal action**

## Core Principles of Equal Treatment:Constitutional Uses of Federal Assistance

**If ****the**** federal assistance is *****indirect*****, then inherently religious activities may be:**

**Incorporated into a program**

**Made mandatory for program participants**

***Note: This general rule applies to indirect funding unless a program statute contains a specific prohibition***

## Core Principles of Equal Treatment: Respect for the Rights of Faith-Based Organizations

- Carry out their religious activities and display religious signs or symbols inside and outside their facilities
- Use religion as a basis to select their board members and govern themselves on a religious basis
- Offer *voluntary* religious activities to program beneficiaries

***Faith-based organizations that receive federal assistance may:***

*Keep in mind that no **“direct”** federal assistance can be used for religious activities, which must be separate in time or location from federally-supported activities, voluntary for program beneficiaries, and privately funded.*

## Core Principles of Equal Treatment: Respect for the Rights of Faith-Based Organizations

**Ensures that FBOs have the freedom to base employment decisions on religion, *****unless a program statute contains a prohibition on doing so***
**Generally applies to FBOs that receive or administer federal assistance, *****except under certain program statutes***

- Title VII of the Civil Rights Act of 1964:

*Con’t*

## Core Principles of Equal Treatment: Respect for the Rights of Faith-Based Organizations

- The Religious Freedom Restoration Act (RFRA) may apply if an FBO can show its free exercise of religion is “substantially burdened”

- Faith-based and community organizations may make employment decisions based on factors not prohibited by federal, state, or local statutes

## Core Principles of Equal Treatment: Respect for the Rights of Faith-Based Organizations

- If not specifically required by a federal statute, states ***cannot*** impose 501(c)(3) status as a condition of eligibility for government funding

**Local non-profit affiliate of a state or national non-profit; or**
**Tax-exempt status letter from the IRS; or**
**Appropriate state agency verification; or**
**Articles or charter of incorporation filed with state**

***Proving non-profit status:***

## Core Principles of Equal Treatment: Respect for the Religious Liberty of Beneficiaries

- Must be provided with ***reasonable accommodation*** for their religious beliefs in federally-supported programs (**“*****reasonableness*****”** is determined on a case-by-case-basis, based on the particular circumstances involved)

*Con’t*

- Prospective or current program beneficiaries (clients):

## Core Principles of Equal Treatment: Respect for the Religious Liberty of Beneficiaries

- 2.  Must be informed that (1) participation in inherently religious activities is voluntary and (2) their choice whether or not to participate will not affect the quality of the service they receive
- 3.  May freely choose to participate in religious activities (see rules for “direct” and “indirect” assistance)

*Con’t*

- Prospective or current program beneficiaries (clients):

## Frequently Asked Questions

*** ******What about religious activities that we have with ***
***our staff and volunteers in the presence of ***
***those we are helping?***
- Staff and volunteers may engage in religious activities.
***But*** make clear that the activity is ***voluntary*** for program participants, and has no bearing on
- receipt of services.

## Frequently Asked Questions

***Can we use direct Federal funds to pay our staff’s salary?***
- As long as the staff person spends her time on program activities – and not inherently religious activities – you can pay her salary.  If a staffer splits time between program and church activities, keep careful records.

## Frequently Asked Questions

***If our organization receives a grant from the Federal government, can it choose not to provide services to some people?***
_**No**__._  If you take Federal money you ***must*** provide services to ***all*** who are eligible.  For example, you may _not_ serve only persons of your faith and turn away others.

## Frequently Asked Questions

***Can we buy religious materials with Federal funds?***
_**No.**_  Do not use government funds to buy religious materials.  This applies not only to Bibles, Torahs, and Korans, but also to materials used for religious activities.

## Frequently Asked Questions

***What if religion is integrated throughout our program – can we still get government funds?***
- In most cases, no, because as a general rule inherently religious activities must be privately-funded, separate, and voluntary.
**Exception: Indirect Funding**

## Federal Resources & Contact Information

**White House Office of Faith-Based and Community Initiatives**
- _[www.whitehouse.gov/government/fbci/index.html](http://www.whitehouse.gov/government/fbci/index.html)_
**Federal Regulatory Changes (all agencies)**
- _[www.whitehouse.gov/government/fbci/regulatory-changes.html](http://www.whitehouse.gov/government/fbci/regulatory-changes.html)_
**USDA Regulation: “Equal Opportunity for Religious Organizations,” 7 C.F.R. part 16**
_**http://www.usda.gov/fbci/finalrule.pdf**_
**Guidance to Faith-Based and Community Organizations on Partnering with the Federal Government**
- _[www.whitehouse.gov/government/fbci/guidance](http://www.whitehouse.gov/government/fbci/guidance/)__[/](http://www.whitehouse.gov/government/fbci/guidance/)_

**U.S. Department of Agriculture **
**U.S. Department of Justice **
**Task Force on Faith-Based and Community Initiatives**
**950 Pennsylvania Avenue NW, Rm. 4411**
**Washington, D.C. 20530**
**(202) 514-2987 (phone)**
**(202) 616-9627 (fax)**
- _[FBCI@usdoj.gov](mailto:FBCI@usdoj.gov)_** (email)**
**www.usdoj.gov/fbci/**