Participation in HHS Programs by Religious Organizations; Providing for Equal Treatment of all HHS Program Participants

THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2006-14, DATED 8/3/06                        
             

TO:            LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) 
               GRANTEES AND OTHER INTERESTED PARTIES

SUBJECT:       Participation in HHS Programs by Religious
               Organizations; Providing for Equal Treatment of
               all HHS Program Participants

RELATED
REFERENCES:    Federal Register Notices:  (1) Notice of Proposed
               Rule Making (NPRM) at 69 FR 10951 dated March 9,
               2004; (2) Final Rule at 69 FR 42586 dated July 16,
               2004

PURPOSE:       To inform LIHEAP program grantees about a final 
               rule with respect to equal treatment of 
               religiously affiliated organizations in the 
               competition for funding under federal programs.

CONTENT:       On August 16, 2004, a final rule of the Department 
               of Health and Human Services went into effect 
               which created, among other things, a new Part 87 
               Equal Treatment for Faith-Based Organizations.  In 
               addition, the Department's Uniform Administrative 
               Requirements, at 45 CFR Parts 74, 92, and 96 were 
               amended to incorporate the requirements of Part 87.

               The Administration for Children and Families is
               committed to providing State Administrators with
               the most accurate and concise information to help
               guide their program activities. This regulation
               addresses several key Equal Treatment issues that
               require full compliance by Federally-funded State
               programs.  The issues include:

                 •  Nondiscrimination against religious 
                    organizations;

                 •  Ability of religious organizations to maintain 
                    their religious character, including the use   
                    of space in their facilities, without removing 
                    religious art, icons, scriptures, or other 
                    religious symbols;

                 •  Prohibition against the use of Federal funds 
                    to finance inherently religious activities, 
                    except where Federal funds are provided to 
                    religious organizations as a result of a 
                    genuine and independent private choice of a 
                    beneficiary or through other indirect funding 
                    mechanisms, such as certificates or vouchers;
                    and

                 •  Application of State or local government laws 
                    to religious organizations.

               It is imperative that your State program's
               policies and processes reflect the Equal Treatment
               Regulations.

               The full text of the final rule may also be
               accessed via the internet
               (http://www.hhs.gov/fbci/regs.html).  You may also
               need to consult with your State's legal counsel to
               determine how these regulations apply to your
               programs and interact with your State's laws and
               Constitution.
               




                              _____________/s____________
                              Wade F. Horn, Ph.D.
                              Assistant Secretary
                                for Children and Families