[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR92.257]



[Page 628-629]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 92_HOME INVESTMENT PARTNERSHIPS PROGRAM--Table of Contents

 

                     Subpart F_Project Requirements

 

Sec.  92.257  Faith-based activities.



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

the same basis as any other organization, to participate in the HOME 

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

receiving funds under HOME 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 HOME program 

may not engage in inherently religious activities, such as worship, 

religious instruction, or proselytization, as part of the assistance 

funded under this part. If an organization conducts such activities, the 

activities must be offered separately, in time or location, from the 

assistance funded under this part, and participation must be voluntary 

for the beneficiaries of the assistance provided.

    (c) A religious organization that participates in the HOME 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 HOME 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, without removing religious art, icons, scriptures, or other 

religious symbols. In addition, a HOME-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 HOME 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) HOME funds may not be used for the acquisition, construction, or 

rehabilitation of structures to the extent that those structures are 

used for inherently religious activities. HOME funds may be used for the 

acquisition, construction, or 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, HOME funds may not exceed the cost of 

those portions of the acquisition, construction, or rehabilitation that 

are attributable to eligible activities in accordance with the cost 

accounting requirements applicable to HOME funds in this part. 

Sanctuaries, chapels, or other rooms that a HOME-funded religious 

congregation uses as its principal place of worship, however,



[[Page 629]]



are ineligible for HOME-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 56404, Sept. 30, 2003]