Nondiscrimination Matters Pertaining to Faith

6 CFR Part 19 (up to date as of 6/10/2024)
Nondiscrimination in Matters Pertaining to Faith-Based Organizations

6 CFR Part 19 (June 10, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 6 —Domestic Security
Chapter I —Department of Homeland Security, Office of the Secretary
Part 19 Nondiscrimination in Matters Pertaining to Faith-Based Organizations
§ 19.1 Purpose.
§ 19.2 Definitions.
§ 19.3 Equal ability for faith-based organizations to seek and receive financial assistance through
DHS social service programs.
§ 19.4 Explicitly religious activities.
§ 19.5 Nondiscrimination requirements.
§ 19.6 How to prove nonprofit status.
§ 19.7 [Reserved]
§ 19.8 Independence of faith-based organizations.
§ 19.9 Exemption from Title VII employment discrimination requirements.
§ 19.10 Commingling of Federal assistance.
§ 19.11 Nondiscrimination among faith-based organizations.
§ 19.12 Notifications to beneficiaries and applicants.
Appendix A to Part 19
Notice or Announcement of Award Opportunity
Appendix B to Part 19
Notice of Award or Contract
Appendix C to Part 19
Written Notice of Beneficiary Protections

PART 19—NONDISCRIMINATION IN MATTERS PERTAINING TO
FAITH-BASED ORGANIZATIONS
Authority: 5 U.S.C. 301; 6 U.S.C. 101 et seq.; 8 U.S.C. 1101 et seq.; 42 U.S.C. 5164, 5183, 5189d; 42 U.S.C. 2000bb
et seq.; 42 U.S.C. 11331 et seq.; E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; E.O. 13403, 71 FR 28543, 3
CFR, 2006 Comp., p. 228; E.O. 13498, 74 FR 6533, 3 CFR, 2009 Comp., p. 219; and E.O. 13559, 75 FR 71319, 3 CFR,
2010 Comp., p. 273.

Source: 81 FR 19410, Apr. 4, 2016, unless otherwise noted.

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6 CFR Part 19 (up to date as of 6/10/2024)
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6 CFR 19.1

§ 19.1 Purpose.
It is the policy of the Department of Homeland Security (DHS) to ensure the equal treatment of faith-based and
other organizations in social service programs administered or supported by DHS or its component agencies,
enabling those organizations to participate in providing important social services to beneficiaries. The equal
treatment policies and requirements contained in this part are generally applicable to faith-based and other
organizations participating or seeking to participate in any such programs. More specific policies and requirements
regarding the participation of faith-based and other organizations in individual programs may be provided in the
statutes, regulations, or guidance governing those programs, such as regulations in title 44 of the Code of Federal
Regulations. DHS or its components may issue policy guidance and reference materials at a future time with
respect to the applicability of this policy and this part to particular programs.
[89 FR 15705, Mar. 4, 2024]

§ 19.2 Definitions.
For purposes of this part:
Beneficiary means an individual recipient of goods or services provided as part of a social service program
specifically supported by Federal financial assistance. “Beneficiary” does not mean an individual who may
incidentally benefit from Federal financial assistance provided to a State, local, or Tribal government, or a
private nonprofit organization. Except where expressly noted or where inapplicable, “beneficiary” includes
a prospective beneficiary.
Direct Federal financial assistance or Federal financial assistance provided directly means financial assistance
received by an entity selected by the Government or an intermediary (under this part) to carry out a
service (e.g., by contract, grant, or cooperative agreement). References to “Federal financial assistance”
will be deemed to be references to direct Federal financial assistance, unless the referenced assistance
meets the definition of “indirect Federal financial assistance” or “Federal financial assistance provided
indirectly”.
Explicitly religious activities include activities that involve overt religious content such as worship, religious
instruction, or proselytization. An activity is not explicitly religious merely because it is motivated by
religious faith.
Federal financial assistance means assistance that non-Federal entities receive or administer in the form of
grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct
appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.
Indirect Federal financial assistance or Federal financial assistance provided indirectly means financial
assistance received by a service provider when the service provider is paid for services rendered by
means of a voucher, certificate, or other means of government-funded payment provided to a beneficiary
who is able to make a choice of a service provider. Federal financial assistance provided to an
organization is considered “indirect” when:
(1) The government program through which the beneficiary receives the voucher, certificate, or other
similar means of government-funded payment is neutral toward religion; and
(2) The organization receives the assistance wholly as a result of a genuinely independent and private
choice of the beneficiary, not a choice of the Government. The availability of adequate secular
alternatives is a significant factor in determining whether a program affords true private choice.
6 CFR 19.2 “Indirect Federal financial assistance or Federal financial assistance provided indirectly” (2) (enhanced page 2 of

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6 CFR 19.2 “Intermediary”

Intermediary means an entity, including a non-governmental organization, acting under a contract, grant, or other
agreement with the Federal Government or with a State or local government, that accepts Federal
financial assistance and distributes that assistance to other organizations that, in turn, provide
government-funded social services. If an intermediary, acting under a contract, grant, or other agreement
with the Federal Government or with a State or local government that is administering a program
supported by Federal financial assistance, is given the authority under the contract, grant, or agreement to
select non-governmental organizations to provide services supported by the Federal Government, the
intermediary must ensure compliance with the provisions of this part by the recipient of a contract, grant,
or agreement. If the intermediary is a non-governmental organization, it retains all other rights of a nongovernmental organization under the program's statutory and regulatory provisions.
Religious exercise has the meaning given to the term in 42 U.S.C. 2000cc-5(7)(A).
Social service program means a program that is administered by the Federal government, or by a State or local
government using Federal financial assistance, and that provides services directed at reducing poverty,
improving opportunities for low-income children, revitalizing low-income communities, empowering lowincome families and low-income individuals to become self-sufficient, or otherwise helping people in
need. Such programs include, but are not limited to, the following:
(1) Child care services, protective services for children and adults, services for children and adults in
foster care, adoption services, services related to the management and maintenance of the home,
day care services for adults, and services to meet the special needs of children, older individuals,
and individuals with disabilities (including physical, mental, or emotional disabilities);
(2) Transportation services;
(3) Job training and related services, and employment services;
(4) Information, referral, and counseling services;
(5) The preparation and delivery of meals and services related to soup kitchens or food banks;
(6) Health support services;
(7) Literacy and mentoring programs;
(8) Services for the prevention and treatment of juvenile delinquency and substance abuse, services for
the prevention of crime and the provision of assistance to the victims and the families of criminal
offenders, and services related to intervention in, and prevention of, domestic violence; and
(9) Services related to the provision of assistance for housing under Federal law.
[81 FR 19410, Apr. 4, 2016, as amended at 85 FR 82130, Dec. 17, 2020; 89 FR 15705, Mar. 4, 2024]

§ 19.3 Equal ability for faith-based organizations to seek and receive financial assistance
through DHS social service programs.
(a) Faith-based organizations are eligible on the same basis as any other organization to seek and receive
direct financial assistance from DHS for social service programs or to participate in social service
programs administered or financed by DHS.

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6 CFR 19.3(b)

(b) Neither DHS, nor a State or local government, nor any other entity that administers any social service
program supported by direct financial assistance from DHS, shall discriminate for or against an
organization on the basis of the organization's religious character, motives, or affiliation, or lack thereof, or
on the basis of conduct that would not be considered grounds to favor or disfavor a similarly situated
secular organization.
(c) Nothing in this part shall be construed to preclude DHS from making an accommodation, including for
religious exercise, with respect to one or more program requirements on a case-by-case basis in
accordance with the Constitution and laws of the United States.
(d) DHS shall not disqualify an organization from participating in any DHS program for which it is otherwise
eligible on the basis of the organization's indication that it may request an accommodation with respect to
one or more program requirements, unless the organization has made clear that the accommodation is
necessary to its participation and DHS has determined that it would deny the accommodation.
(e) Decisions about awards of Federal financial assistance must be free from political interference, or even
the appearance of such interference, and must be made on the basis of merit, not on the basis of religion
or religious belief or lack thereof, or on the basis of religious or political affiliation.
(f) All organizations that participate in DHS social service programs, including faith-based organizations,
must carry out eligible activities in accordance with all program requirements, including those prohibiting
the use of direct financial assistance from DHS to engage in explicitly religious activities, subject to any
accommodations that are granted to organizations on a case-by-case basis in accordance with the
Constitution and laws of the United States.
(g) No grant document, agreement, covenant, memorandum of understanding, policy, or regulation that is
used by DHS or an intermediary in administering financial assistance from DHS shall disqualify a faithbased organization from participating in DHS's social service programs:
(1) On the basis of such organization's religious character, motives, or affiliation, or lack thereof; or
(2) On the basis of conduct that would not be considered grounds to disqualify a similarly situated
secular organization.
(h) No grant document, agreement, covenant, memorandum of understanding, policy, or regulation used by
DHS or an intermediary in administering financial assistance from DHS shall require faith-based
organizations to provide assurances or notices where they are not required of non-faith-based
organizations. Any restrictions on the use of grant funds shall apply equally to faith-based and non-faithbased organizations.
[89 FR 15705, Mar. 4, 2024]

§ 19.4 Explicitly religious activities.
(a) Organizations that receive direct financial assistance from DHS to participate in or administer any social
service program may not use direct Federal financial assistance that it receives (including through a prime
or sub-award) to support or engage in any explicitly religious activities (including activities that involve
overt religious content such as worship, religious instruction, or proselytization) or in any other manner
prohibited by law.

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6 CFR 19.4(b)

(b) Organizations receiving direct financial assistance from DHS for social service programs are free to
engage in explicitly religious activities, but such activities must be offered separately, in time or location,
from the programs or services funded with direct financial assistance from DHS, and participation must
be voluntary for beneficiaries of the programs or services funded with such assistance.
(c) All organizations that participate in DHS social service programs, including faith-based organizations,
must carry out eligible activities in accordance with all program requirements, and in accordance with all
other applicable requirements governing the conduct of DHS-funded activities, including those prohibiting
the use of direct financial assistance from DHS to engage in explicitly religious activities, subject to any
accommodations that are granted to organizations on a case-by-case basis in accordance with the
Constitution and laws of the United States. No grant document, agreement, covenant, memorandum of
understanding, policy, or regulation that is used by DHS or a State or local government in administering
financial assistance from DHS shall disqualify a faith-based organization from participating in DHS's
social service programs because of such organization's religious character, motives, or affiliation, or lack
thereof, or on the basis of conduct that would not be considered grounds to disqualify a similarly situated
secular organization.
(d) The use of indirect Federal financial assistance is not subject to the restriction in paragraphs (a), (b), and
(c) of this section.
(e) Nothing in this part restricts DHS's authority under applicable federal law to fund activities, such as the
provision of chaplaincy services, that can be directly funded by the Government consistent with the
Establishment Clause.
(f) To the extent that any provision of this part is declared invalid by a court of competent jurisdiction, the
Department intends for all other provisions that are capable of operating in the absence of the specific
provision that has been invalidated to remain in effect.
[81 FR 19410, Apr. 4, 2016, as amended at 85 FR 82131, Dec. 17, 2020; 89 FR 15706, Mar. 4, 2024]

§ 19.5 Nondiscrimination requirements.
An organization that receives financial assistance from DHS for a social service program shall not, in providing
services or in outreach activities related to such services, favor or discriminate against a beneficiary of said
program or activity on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend
or participate in a religious practice. Organizations that favor or discriminate against a beneficiary will be subject to
applicable sanctions and penalties, as established by the requirements of the particular DHS social service program
or activity. However, an organization that participates in a program funded by indirect financial assistance need not
modify its program activities to accommodate a beneficiary who chooses to expend the indirect aid on the
organization's program.
[89 FR 15706, Mar. 4, 2024]

§ 19.6 How to prove nonprofit status.
In general, DHS does not require that a recipient, including a faith-based organization, obtain tax-exempt status
under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under DHS social service programs.
Many grant programs, however, do require an organization to be a nonprofit organization in order to be eligible for
funding. Funding announcements and other grant application solicitations for social service programs that require
organizations to have nonprofit status will specifically so indicate in the eligibility section of the solicitation. In
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6 CFR 19.6(a)

addition, any solicitation for social service programs that requires an organization to maintain tax-exempt status will
expressly state the statutory authority for requiring such status. Recipients should consult with the appropriate DHS
program office to determine the scope of any applicable requirements. In DHS social service programs in which an
applicant for funding must show that it is a nonprofit organization, the applicant may do so by any of the following
means:
(a) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which
contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code;
(b) A statement from a State or other governmental taxing body or the State secretary of State certifying that:
(1) The organization is a nonprofit organization operating within the State; and
(2) No part of its net earnings may benefit any private shareholder or individual;
(c) A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes
the nonprofit status of the applicant;
(d) Any item described in paragraphs (a) through (c) of this section if that item applies to a State or national
parent organization, together with a statement by the State or parent organization that the applicant is a
local nonprofit affiliate; or
(e) Evidence that the DHS awarding agency determines to be sufficient to establish that the entity would
otherwise qualify as a nonprofit organization.
[85 FR 82131, Dec. 17, 2020, as amended at 89 FR 15706, Mar. 4, 2024]

§ 19.7 [Reserved]
§ 19.8 Independence of faith-based organizations.
(a) A faith-based organization that applies for, or participates in, a social service program supported with
Federal financial assistance will retain its autonomy; right of expression; religious character; authority over
its governance; and independence from Federal, State, and local governments; and may continue to carry
out its mission, including the definition, development, practice, and expression of its religious beliefs,
provided that it does not use direct Federal financial assistance contrary to § 19.4.
(b) Faith-based organizations may use space in their facilities to provide social services using financial
assistance from DHS without removing, concealing, or altering religious articles, texts, art, or symbols.
(c) A faith-based organization using financial assistance from DHS for social service programs retains its
authority over its internal governance, and it may retain religious terms in its organization's name, select
its board members on the basis of their acceptance of or adherence to the religious tenets of the
organization, and include religious references in its organization's mission statements and other
governing documents.
[85 FR 82131, Dec. 17, 2020]

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6 CFR 19.9

§ 19.9 Exemption from Title VII employment discrimination requirements.
(a) A faith-based organization's exemption, set forth in section 702(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-1), from the Federal prohibition on employment discrimination on the basis of religion is not
forfeited when the organization seeks or receives financial assistance from DHS for a social service
program or otherwise participates in a DHS program.
(b) Where a DHS program contains independent statutory or regulatory provisions that impose
nondiscrimination requirements on all grantees, those provisions are not waived or mitigated by this part.
In this case, grantees should consult with the appropriate DHS program office to determine the scope of
any applicable requirements.
[81 FR 19410, Apr. 4, 2016, as amended at 89 FR 15706, Mar. 4, 2024]

§ 19.10 Commingling of Federal assistance.
(a) If a State, local, or Tribal government voluntarily contributes its own funds to supplement Federally
supported activities, the State, local, or Tribal government has the option to segregate the Federal
assistance or commingle it.
(b) If the State, local, or Tribal government chooses to commingle its own and Federal funds, the
requirements of this part apply to all of the commingled funds.
(c) If a State, local, or Tribal government is required to contribute matching funds to supplement a Federally
supported activity, the matching funds are considered commingled with the Federal assistance and
therefore subject to the requirements of this part.

§ 19.11 Nondiscrimination among faith-based organizations.
Neither DHS nor any State or local government or other intermediary receiving funds under any DHS social service
program shall construe these provisions in such a way as to advantage or disadvantage faith-based organizations
affiliated with historic or well-established religions or sects in comparison with other religions or sects.
[85 FR 82132, Dec. 17, 2020]

§ 19.12 Notifications to beneficiaries and applicants.
(a) Organizations providing social services to beneficiaries under a program supported by direct Federal
financial assistance from DHS must give written notice to beneficiaries and prospective beneficiaries of
certain protections. Such notice must be given in a manner and form prescribed by DHS's Office for Civil
Rights and Civil Liberties, including by incorporating the notice into materials that are otherwise provided
to beneficiaries. This written notice shall include language substantially similar to that in appendix C to
this part.
(b) The written notice described in paragraph (a) of this section must be given to prospective beneficiaries
prior to the time the prospective beneficiary enrolls in the program or receives services from the program.
When the nature of the service provided or exigent circumstances make it impracticable to provide such
written notice in advance of the actual service, organizations must advise beneficiaries of their
protections at the earliest available opportunity.

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6 CFR 19.12(c)

(c) DHS may determine that the notice described in paragraph (a) of this section must inform each
beneficiary or prospective beneficiary of the option to seek information from DHS, or a State agency or
other entity administering the program, as to whether there are any other federally funded organizations in
the area that provide the services available under the applicable program.
(d) Notices or announcements of award opportunities and notices of award or contracts shall include
language substantially similar to that in appendices A and B, respectively, to this part.
[89 FR 15706, Mar. 4, 2024]

Appendix A to Part 19—Notice or Announcement of Award Opportunity
(a) Faith-based organizations may apply for this award on the same basis as any other organization, as set
forth at, and subject to the protections and requirements of, this part and any applicable constitutional
and statutory requirements, including 42 U.S.C. 2000bb et seq. DHS will not, in the selection of recipients,
discriminate for or against an organization on the basis of the organization's religious character, motives,
or affiliation, or lack thereof, or on the basis of conduct that would not be considered grounds to favor or
disfavor a similarly situated secular organization.
(b) A faith-based organization that participates in this program will retain its independence from the
Government and may continue to carry out its mission consistent with religious freedom and conscience
protections in Federal law.
(c) A faith-based organization may not use direct Federal financial assistance from DHS to support or engage
in any explicitly religious activities except where consistent with the Establishment Clause of the First
Amendment and any other applicable requirements. An organization receiving Federal financial
assistance also may not, in providing services funded by DHS, or in outreach activities related to such
services, discriminate against a program beneficiary or prospective program beneficiary on the basis of
religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a
religious practice.
[89 FR 15707, Mar. 4, 2024]

Appendix B to Part 19—Notice of Award or Contract
(a) A faith-based organization that participates in this program retains its independence from the Government
and may continue to carry out its mission consistent with religious freedom and conscience protections
in Federal law.
(b) A faith-based organization may not use direct Federal financial assistance from DHS to support or engage
in any explicitly religious activities except where consistent with the Establishment Clause of the First
Amendment and any other applicable requirements. An organization receiving Federal financial
assistance also may not, in providing services funded by DHS, or in outreach activities related to such
services, discriminate against a program beneficiary or prospective program beneficiary on the basis of
religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a
religious practice.
[89 FR 15707, Mar. 4, 2024]

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6 CFR Appendix-C-to-Part-19(1)

Appendix C to Part 19—Written Notice of Beneficiary Protections
Name of Organization:
Name of Program:
Contact Information for Program Staff: [provide name, phone number, and email address, if appropriate]
Because this program is supported in whole or in part by financial assistance from the Federal Government, we are
required to let you know that:
(1) We may not discriminate against you on the basis of religion, a religious belief, a refusal to hold a religious
belief, or a refusal to attend or participate in a religious practice;
(2) We may not require you to attend or participate in any explicitly religious activities (including activities that
involve overt religious content such as worship, religious instruction, or proselytization) that may be
offered by our organization, and any participation by you in such activities must be purely voluntary;
(3) We must separate in time or location any privately funded explicitly religious activities (including activities
that involve overt religious content such as worship, religious instruction, or proselytization) from
activities supported with direct Federal financial assistance;
(4) You may report violations of these protections, including any denials of services or benefits by an
organization, by contacting or filing a written complaint with the Department of Homeland Security's
Office for Civil Rights and Civil Liberties, [address]; and
[When required by DHS, the notice must also state:] (5) If you would like to seek information about whether there are
any other federally funded organizations that provide these kinds of services in your area, please use the contact
information set forth above.
This written notice must be given to you before you enroll in the program or receive services from the program,
unless the nature of the service provided or exigent circumstances make it impracticable to provide such notice
before we provide the actual service. In such an instance, this notice must be given to you at the earliest available
opportunity.
[89 FR 15707, Mar. 4, 2024]

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