Explicitly religious activities Clause Samples

Explicitly religious activities. If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HUD's authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution.

Explicitly religious activities. (a) Organizations that receive direct financial assistance from DHS to par- ticipate in or administer any social service program may not use direct Federal financial assistance that it re- ceives (including through a prime or sub-award) to support or engage in any explicitly religious activities (includ- ing activities that involve overt reli- gious content such as worship, reli- gious instruction, or proselytization) or in any other manner prohibited by law. (b) Organizations receiving direct fi- nancial assistance from DHS for social service programs are free to engage in explicitly religious activities, but such activities must be (1) Clearly distinct from programs specifically supported by direct federal assistance; (2) Offered separately, in time or lo- cation, from the programs, activities, or services specifically supported by di- rect DHS financial assistance pursuant to DHS social service programs; and (3) Voluntary for the beneficiaries of the programs, activities, or services specifically supported by direct DHS fi- nancial assistance pursuant to DHS so- cial service programs. (c) All organizations that participate in DHS social service programs, includ- ing religious organizations, must carry out eligible activities in accordance with all program requirements and other applicable requirements gov- erning the conduct of DHS-supported activities, including those prohibiting the use of direct financial assistance from DHS to engage in explicitly reli- gious activities. No grant document, agreement, covenant, memorandum of understanding, or policy issued by DHS or a State or local government in ad- ministering financial assistance from DHS shall disqualify a religious organi- zation from participating in DHS’s so- cial service programs because such or- ganization is motivated or influenced by religious faith to provide social services or because of its religious character or affiliation. (d) The use of indirect Federal ▇▇▇▇▇- cial assistance is not subject to the re- striction in paragraphs (a), (b), and (c) of this section. (e) Nothing in this part restricts DHS’s authority under applicable fed- eral law to fund activities, such as the provision of chaplaincy services, that can be directly funded by the Govern- ment consistent with the Establish- ment Clause.

Explicitly religious activities. The Sub-recipient may not use direct financial assistance provided under this Agreement to support or engage in any explicitly religious activities except where consistent with the Establishment Clause and any other applicable requirements. Such an organization also may not, in providing services under this Agreement, discriminate against a beneficiary or prospective program beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Any explicitly religious activities offered by the Sub-recipient must be offered separately, in time or location, from the programs or activities supported under this Agreement, and participation must be voluntary for the beneficiaries of the services or activities supported under this Agreement. The use of indirect Federal financial assistance is not subject to this restriction.

Explicitly religious activities. 23 If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered 24 separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal 25 financial assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HUD’s authority under applicable Federal law to fund activities, that can be directly funded by 26 the Government consistent with the Establishment Clause of the U.S. Constitution. 27 (f) Intermediary responsibilities to ensure equal participation of faith-based organizations in HUD programs. If an intermediary - acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance - is given the authority to select a nongovernmental organization to receive Federal financial assistance under a 1 contract, grant, sub-grant, sub-award, or cooperative agreement, the intermediary must ensure that such 2 organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program’s statutory and 3 regulatory provisions. 4 (g) Nondiscrimination requirements. 5 Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a 6 beneficiary or prospective beneficiary on the basis of religion, religious belief, a refusal to hold a religious 7 belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal financial assistance need not modify its program or activities to 8 accommodate a beneficiary who chooses to expend the indirect aid on the organization's program and may require attendance at all activities that are fundamental to the program.