The President’s Faith-Based and Community Initiative

What is It? What Are Your Legal Responsibilities Under It? Presented by: Jessica Lyn Attorney Office of the Solicitor U.S. Department of Labor The President’s Faith-Based and Community Initiative

Purposes of Executive Order 13279 • To ensure equal protection of laws for faith-based and community organizations (FBCOs) • To expand opportunities for FBCOs to meet the social needs of Americans • To ensure the equal treatment of FBCOs in the administration and distribution of Federal financial assistance

What does this mean for you? • Be aware of new regulations published at 29 CFR Part 2, Subpart D • Familiarize yourselves with recent changes made to regulations governing both • WIA (29 CFR 37.6(f)); and • Job Corps (29 CFR 667.266; 667.275; 670.555)

All Roads Lead to Subpart D (of 29 CFR Part 2) • Applies to all social service providers, including State and local governments, that implement DOL supported social service programs. So . . . • Applies to the One Stop system, including operators of Job Corps centers. • Governs the administration and distribution of DOL support. • Applies equally to DOL support, State funds commingled with Federal funds, and funds the State is required to contribute under a matching or grant agreement.

What is “DOL support”? • Defined as “Federal financial assistance, as well as procurement funding provided to a non-Federal organization to support the organization’s administration of or participation in a DOL social service program.” 29 CFR 2.31(g). • Includes grants, contracts, and cooperative agreements.

Two types of “DOL support” • Direct support • Indirect support

What is “direct support”? • DOL financial assistance or procurement funding: • provided directly • by DOL, or • by an entity standing in the shoes of DOL • to a non-governmental organization (including a religious organization)

When is DOL support considered “indirect”? • Program through which support is provided must be neutral with respect to religion (neither favors nor disfavors religion) • Beneficiaries are given genuine, independent choices about where to direct the aid (whether to religious or secular providers/institutions/program options) • Beneficiaries freely choose to direct the aid to religious providers or program options

Four Basic Provisions of 29 CFR Part 2, Subpart D • You must not discriminate for or against an organization on the basis of religion, religious belief, or religious character in administering or distributing DOL support (including WIA Title I financial assistance).

Four Basic Provisions of 29 CFR Part 2, Subpart D (Cont’d) 2. Faith-based organizations that are DOL social service providers or that participate in DOL social service programs may retain their independence and carry out their mission.

Four Basic Provisions of 29 CFR Part 2, Subpart D (Cont’d) 3. You must not discriminate for or against beneficiaries / participants on the basis of religion or religious belief (or lack thereof).

Four Basic Provisions of 29 CFR Part 2, Subpart D (Cont’d) 4. No direct DOL support may be used for inherently religious activities such as worship, religious instruction, or proselytization.

What are “inherently religious activities” (IRAs)? • No precise definition • Examples (from court cases) of what are religious activities: • Prayer • Administering communion • Performing baptisms

May DOL social service providers offer IRAs? • Yes.IRAs are permitted so long as: • No direct DOL support is used; and • The IRAs are offered separately in time or location from the services offered with direct DOL support; and • Participation by program beneficiaries is voluntary.

Regulatory Changes Re: Training in Religious Activities Prior to August 11, 2004: • The regulations (29 CFR 37.6(f)(1)) flatly prohibited the use of any WIA Title I assistance for employment or training in sectarian activities.

As of August 11, 2004: • WIA Title I financial assistance provided indirectly may be used for the employment or training of participants in religious activities.

Construction, operation, maintenance activities • Reg provisions (29 CFR 37.6(f)(2) and (f)(3)) revised: • For clarity • To be more consistent with language of WIA Section 188(a)(3) • No change in meaning

How have the Job Corps regulations changed? Two Main Changes: • Voluntary religious activities, including religious services, must now be permitted on center. 2. Direct DOL support may now be used to provide inherently religious activities, including religious services, at isolated residential Job Corps centers.

Voluntary student prayer Voluntary student-initiated religious services Transportation of students to local religious facilities Center-sponsored religious services when transportation to/from religious facilities off center impractical Center-sponsored and funded when transportation to/from religious facilities off center impractical Voluntary student prayer Voluntary student-initiated services Transportation of students to local religious facilities Center-sponsored religious services when transportation to/from religious facilities off center impractical Center-sponsored and funded when transportation to/from religious facilities off center impractical Before and After August 11, 2004

The President’s Faith-Based and Community Initiative