DHS, federal agencies draft final rule on White House Faith and Opportunity Initiative

The Department of Homeland Security (DHS) announced plans to implement President Trump’s Executive Order to establish the White House Faith and Opportunity Initiative.

The final rule seeks to ensure that religious and non-religious organizations are treated equally in DHS-supported programs. It also clarifies that religious organizations do not lose their legal protections and rights just because they participate in federal programs and activities.

“Members across the faith-based community have been vital partners with DHS when it comes to protecting our communities, and I am grateful the Trump Administration has stood firm in our commitment to protect all religious organizations across the nation from discrimination and unequal treatment,” Acting Secretary Chad Wolf said. “This initiative is yet another step in the right direction to ensure that faith-based organizations maintain their legal rights and protections under the law.”

The rule was drafted in conjunction with eight other federal agencies—the Department of Justice, the Department of Labor, the Department of Education, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Agriculture, the Agency for International Development, and the Department of Veterans Affairs.

This final rule preserves most of the existing regulations governing the participation of religious organizations in DHS’s financial assistance programs. This includes provisions barring providers from discriminating against beneficiaries based on religion. It also requires that any religious activities by the organization be separated in time or location from any services directly funded with federal money.

This rule was drafted in response to Executive Order 13831, which was issued in May 2018. The nine agencies worked collaboratively to draft notices of proposed rulemaking and received over 95,000 public comments from a range of interested parties. The agencies considered those comments, modified their regulations to address concerns, and included them in the final rule.