Equal Opportunity for Religious
Organizations in USDA Programs
An Overview of the USDA General
Rule published July 9, 2004
Overview of Principles
The U.S. Department of Agriculture published final
regulations on July 9, 2004 to ensure equal
treatment for religious organizations. The
regulations:
1. Ensure that USDA programs and activities are
open to all qualified organizations, regardless of
their religious character.
2. Establish clearly the proper uses to which USDA
financial assistance may be put consistent with
Constitutional parameters.
3. Establish conditions for receipt of financial
assistance.
Purpose and Applicability
• Set policy that religious organizations are
eligible for USDA programs on the same
basis as other private organizations
Rights of Religious Organizations
•
Eligible on the same basis as any other eligible
private organization – no discrimination for or
against organization on basis of organization’s
religious character or affiliation
•
Religious organization retain independence
1. Retain religious art, icons, etc. in space
2. Retain religious terms in name
3. Select board members and govern on religious basis
4.
Include religious references in mission, vision, etc.
•
Retain Title VII hiring rights exemption
Responsibilities of Participating
Organizations
For organizations that receive “direct USDA assistance,”
the organization may NOT:
• Discriminate against a program beneficiary or
potential beneficiary on the basis of religion or
religious belief
• Engage in inherently religious activities as part of the
program or services supported with direct USDA
assistance
• Use those funds for acquisition, construction or
rehabilitation of structures to the extent those
structures are used for inherently religious activities
Responsibilities (continued)
For organizations that receive “direct USDA
assistance,” the organization MAY:
• Conduct inherently religious activities which are
voluntary for program beneficiaries, separate in
time or location from government funded