Protections Surrounding the First Amendment

The First Amendment is arguably the most well-known amendment in the Constitution, providing for the separation of church and state as well as religious freedom among other basic rights. Since the founding of our nation, however, many have struggled with its interpretation.

The intent of the CCF program is to expand the capacity of faith-based and community organizations to deliver social services in a secular manner, so FBCOs partnering with the Federal government must comply with Federal rules at 45 CFR Part 87 and ensure that First Amendment protections are not violated.

"Legal safeguards" refers to guidance for CCF grantees, partners, and subaward recipients in following these regulations in the context of their CCF programs so that no grantee activities funded or supported by CCF violate or call into question church and state issues. Organizations must not use direct Federal grants or contracts under CCF to support inherently religious activities, such as religious instruction, worship, or proselytization.

CCF grantees must familiarize themselves with, understand, and follow these safeguards to comply with Federal regulations. A presentation by the U.S. Department of Health and Human Services, Office of General Counsel, explains these regulations and provides examples of compliant and noncompliant activities. We will go over these rules at orientation.

This training is essential for faith-based organizations using Federal funds to support existing or new secular programs. Federally funded organizations must take steps to separate, in time or location -- and in their accounting practices -- inherently religious activities as distinct from activities in their programs that are to be improved through CCF.

Please note that, under Federal regulations, grantees are responsible for managing and monitoring each project, program, subaward, partner, function, and activity supported by their Federal awards. Therefore, grantees have a duty to ensure that government-funded projects comply with Federal rules.

The HHS website includes a summary of the final rules http://www.hhs.gov/fbci/final.html regarding the section added to the Code of Federal Regulations (CFR 45 Part 87) and existing provisions that were modified (CFR 45 Parts 74, 92, and 96) to enable faith-based organizations to compete equally for federal funding and set forth FBCOs responsibilities.