[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR576.23]



[Page 218-219]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 576_EMERGENCY SHELTER GRANTS PROGRAM: STEWART B. McKINNEY HOMELESS 

ASSISTANCE ACT--Table of Contents

 

                      Subpart B_Eligible Activities

 

Sec.  576.23  Faith-based activities.



    (a) Organizations that are religious or faith-based are eligible, on 

the same



[[Page 219]]



basis as any other organization, to participate in the Emergency Shelter 

Grants program. Neither the Federal government nor a State or local 

government receiving funds under Emergency Shelter Grants programs shall 

discriminate against an organization on the basis of the organization's 

religious character or affiliation.

    (b) Organizations that are directly funded under the Emergency 

Shelter Grants program may not engage in inherently religious 

activities, such as worship, religious instruction, or proselytization 

as part of the programs or services funded under this part. If an 

organization conducts such activities, the activities must be offered 

separately, in time or location, from the programs or services funded 

under this part, and participation must be voluntary for the 

beneficiaries of the HUD-funded programs or services.

    (c) A religious organization that participates in the Emergency 

Shelter Grants program will retain its independence from Federal, State, 

and local governments, and may continue to carry out its mission, 

including the definition, practice, and expression of its religious 

beliefs, provided that it does not use direct Emergency Shelter Grants 

funds to support any inherently religious activities, such as worship, 

religious instruction, or proselytization. Among other things, faith-

based organizations may use space in their facilities to provide 

Emergency Shelter Grants-funded services, without removing religious 

art, icons, scriptures, or other religious symbols. In addition, an 

Emergency Shelter Grants-funded religious organization retains its 

authority over its internal governance, and it may retain religious 

terms in its organization's name, select its board members on a 

religious basis, and include religious references in its organization's 

mission statements and other governing documents.

    (d) An organization that participates in the Emergency Shelter 

Grants program shall not, in providing program assistance, discriminate 

against a program beneficiary or prospective program beneficiary on the 

basis of religion or religious belief.

    (e) Emergency shelter grants may not be used for the rehabilitation 

of structures to the extent that those structures are used for 

inherently religious activities. Emergency shelter grants may be used 

for the rehabilitation of structures only to the extent that those 

structures are used for conducting eligible activities under this part. 

Where a structure is used for both eligible and inherently religious 

activities, emergency shelter grants may not exceed the cost of those 

portions of the rehabilitation that are attributable to eligible 

activities in accordance with the cost accounting requirements 

applicable to emergency shelter grants in this part. Sanctuaries, 

chapels, or other rooms that an Emergency Shelter Grants-funded 

religious congregation uses as its principal place of worship, however, 

are ineligible for Emergency Shelter Grants-funded improvements. 

Disposition of real property after the term of the grant, or any change 

in use of the property during the term of the grant, is subject to 

government-wide regulations governing real property disposition (see 24 

CFR parts 84 and 85).

    (f) If a State or local government voluntarily contributes its own 

funds to supplement federally funded activities, the State or local 

government has the option to segregate the Federal funds or commingle 

them. However, if the funds are commingled, this section applies to all 

of the commingled funds.



[68 FR 56406, Sept. 30, 2003]