[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR92.257]

[Page 632-633]
 
                 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

[[Page 633]]

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, 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]