[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR75.52]

[Page 133-134]
 
                           TITLE 34--EDUCATION
 
PART 75_DIRECT GRANT PROGRAMS--Table of Contents
 
                            Subpart A_General
 
Sec. 75.52  Eligibility of faith-based organizations for a grant.

    (a)(1) A faith-based organization is eligible to apply for and to 
receive a grant under a program of the Department on the same basis as 
any other private organization, with respect to programs for which such 
other organizations are eligible.
    (2) In the selection of grantees, the Department shall not 
discriminate for or against a private organization on the basis of the 
organization's religious character or affiliation.
    (b) The provisions of Sec. 75.532 apply to a faith-based 
organization that receives a grant under a program of the Department.
    (c) A private organization that engages in inherently religious 
activities, such as religious worship, instruction, or proselytization, 
must offer those services separately in time or location from any 
programs or services supported by a grant from the Department, and 
participation in any such inherently religious activities by 
beneficiaries of the programs supported by the grant must be voluntary.
    (d)(1) A faith-based organization that applies for or receives a 
grant under a program of the Department may retain its independence, 
autonomy, right of expression, religious character, and authority over 
its governance.
    (2) A faith-based organization may, among other things--
    (i) Retain religious terms in its name;
    (ii) Continue to carry out its mission, including the definition, 
development, practice, and expression of its religious beliefs;
    (iii) Use its facilities to provide services without removing or 
altering religious art, icons, scriptures, or other symbols from these 
facilities;
    (iv) Select its board members and otherwise govern itself on a 
religious basis; and
    (v) Include religious references in its mission statement and other 
chartering or governing documents.
    (e) A private organization that receives a grant under a program of 
the Department shall not discriminate against a beneficiary or 
prospective beneficiary in the provision of program services on the 
basis of religion or religious belief.
    (f) If a grantee contributes its own funds in excess of those funds 
required by a matching or grant agreement to supplement federally funded 
activities, the grantee has the option to segregate those additional 
funds or commingle them with the funds required by the matching 
requirements or grant agreement. However, if the additional funds are 
commingled, this section applies to all of the commingled funds.
    (g) A religious organization's exemption from the Federal 
prohibition on employment discrimination on the basis of religion, in 
section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-

[[Page 134]]

1, is not forfeited when the organization receives financial assistance 
from the Department.


(Authority: 20 U.S.C. 1221e-3 and 3474)

[69 FR 31710, June 4, 2004]

    Effective Date Note: At 69 FR 31710, June 4, 2004, Sec. thnsp;75.52 
was added, effective July 6, 2004.