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Model Guidance
The purpose of this guidance is to provide government employees and faith-based and other
neighborhood organizations that receive Federal financial assistance with clear and uniform instructions on
fundamental principles that apply to their awards. Specifically, this guidance addresses both prohibited
religious uses of direct Federal financial assistance and protections and separation requirements to ensure that
faith-based groups are able to retain their religious identity after receiving an award.
Prohibited Uses of Direct Federal Financial Assistance
Section 2(g) of E.O. 13279, as amended by E.O. 13559, prohibits the use of direct Federal financial
assistance to support or engage in “explicitly religious activities,” which includes “activities that involve overt
religious content such as worship, religious instruction, or proselytization.” This prohibition applies regardless
of whether the directly funded program activity is paid in part with non-Federal funds.
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As explained further
below, any explicitly religious activity must be privately funded and offered separately in time or location from
programs funded by direct Federal financial assistance.
Application of the prohibition against explicitly religious activity must be consistent with the First
Amendment of the U.S. Constitution, which both prevents the government from promoting or sponsoring
religion and protects privately initiated religious expression and activities from government interference and
discrimination. This means that staff carrying out programs supported by direct Federal financial assistance,
and the materials disseminated by staff persons in those programs, must be neutral in their treatment of religion.
Neither staff nor materials used in these programs should promote, endorse, or favor religious beliefs over non-
religious beliefs, nor should they disparage religious beliefs in any way. Further, they should not express a
judgment with regard to religious beliefs or non-belief, or seek to influence the beliefs of participants with
respect to religion.
If a local program is directly funded by Federal financial assistance, the program should be aware that
the bar against use of Federal funding for explicitly religious activities applies only to those activities, speech,
and materials that are generated or controlled by the administrators, instructors, or officials of the Federally-
funded program. The requirement does not apply to the activities of persons whose speech is not controlled,
encouraged, or approved after the fact by program administrators, instructors, or officials, such as spontaneous
comments made by individual beneficiaries in the context of a Federal program. The Supreme Court has
repeatedly held that the First Amendment requires that officials and administrators in publicly funded programs
be neutral in their treatment of religion, showing neither favoritism toward nor hostility against religious
expression.
The restriction against explicitly religious activities might not apply to some programs, such as
programs where funds are provided to chaplains to work with detainees in detention facilities, or where funds
are provided to religious or other organizations for programs in detention facilities in which such organizations
assist chaplains in carrying out their duties. See Cruz v. Beto, 405 U.S. 319, 322 n.2 (1972) (explaining that
“reasonable opportunities must be afforded to all prisoners to exercise the religious freedom guaranteed by the
First and Fourteenth Amendments without fear of penalty.”); Abington School District v. Schempp, 374 U.S.
203, 299 (1963) (Brennan, J., concurring) (observing that “hostility, not neutrality, would characterize the
refusal to provide chaplains and places of worship to prisoners ... cut off by the State from all civilian
opportunities for public communion.”). If you have questions about whether one of your programs might be
exempt from the bar on the use of direct Federal aid for explicitly religious activities, you should contact the
awarding agency.
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The model guidance provided in this chapter applies only to programs funded either in whole or in part through direct Federal
financial assistance, and does not apply to indirectly-funded programs. For a discussion of the distinction between “direct” and
“indirect” funding, see chapter 2.