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A TRUE COPY
<br /> CERTIFICATION ON LAST FA6E
<br /> h J . 'R . SMITH, CLERK
<br /> (2) Distribute the appropriate portion of the funds to a subrecipient no later than 45 days after receiving an
<br /> 42 approvable request for such distribution from the subrecipient; and
<br /> (3) Draw down funds at least once per quarter of the program year, after eligible activities commence.
<br /> § 578 . 87 Limitation on use of funds .
<br /> (a) Maintenance of effort. No assistance provided under this part (or any State or local government funds used to
<br /> supplement this assistance) may be used to replace State or local. funds previously used, or designated for use, to
<br /> assist homeless persons .
<br /> (b) Faith-based activities. ( 1 ) Equal treatment of program participants and program beneficiaries. (i) Program
<br /> participants. Organizations that are religious or faith-based are eligible, on the same basis as any other organization,
<br /> to participate in the Continuum of Care program. Neither the Federal Government nor a State or local government
<br /> receiving funds under the Continuum of Care program shall discriminate against an organization on the basis of the
<br /> -organization's religious character or affiliation. Recipients and subrecipients of program funds shall not, in providing
<br /> program assistance, discriminate against a program participant or prospective program participant on the basis of
<br /> religion or religious belief.
<br /> (ii) Beneficiaries. In providing services supported in whole or in part with federal financial assistance, and in their
<br /> outreach activities related to such services, program participants shall not discriminate against current or prospective
<br /> program beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to
<br /> attend or participate in a religious practice.
<br /> (2) Separation of explicitly religious activities. Recipients and subrecipients of Continuum of Care funds that engage
<br /> in explicitly religious activities, including activities that involve overt religious content such as worship, religious
<br /> instruction, or proselytization, must perform such activities and offer such services outside of programs that are
<br /> supported with federal financial assistance separately, in time or location, from the programs or services funded
<br /> under this part, and participation in any such explicitly religious activities must be voluntary for the program
<br /> beneficiaries of the HUD4unded programs or services.
<br /> (3) Religious identity. A faith-based organization that is a recipient or subrecipient of Continuum of Care program
<br /> funds is eligible to use such funds as provided under the regulations of this part without impairing its independence,
<br /> autonomy, expression of religious beliefs, or religious character. Such organization will retain its independence from
<br /> federal, State, and local government, and may continue to carry out its mission, including the definition,
<br /> development, practice, and expression of its religious beliefs, provided that it does not use direct program funds to
<br /> support or . engage in any explicitly religious activities, including activities that involve overt religious content, such
<br /> as worship, religious instruction, or proselytization, or any manner prohibited by law. Among other things, faith-
<br /> based organizations may use space in their facilities to provide program-funded services, without removing or
<br /> altering religious art, icons, scriptures, or other religious symbols. In addition , a Continuum of Care program-funded
<br /> religious organization retains its authority over its internal governance, and it may retain religious terms in its
<br /> organization's name, select its board members on a religious basis, and include religious references in its
<br /> organization's mission statements and other governing documents.
<br /> (4) Alternative provider. If a program participant. or prospective program participant of the Continuum of Care
<br /> program supported by HUD objects to the religious character of an organization that provides services under the
<br /> program, that organization shall, within a reasonably prompt time after the objection, undertake reasonable efforts to
<br /> identify and refer the program participant to an alternative provider to which the prospective program participant has
<br /> no objection. Except for services provided by telephone, the Internet, or similar means, the referral must be to an
<br /> alternate provider in reasonable geographic proximity to the organization making the referral . In making the referral ,
<br /> the organization shall comply with applicable privacy laws and regulations: Recipients and subrecipients shall
<br /> document any objections from program participants and prospective program participants and any efforts to refer
<br /> such participants to alternative providers in accordance with the requirements of §578 . 103(a)( 13). Recipients shall
<br /> ensure that all subrecipient agreements make organizations receiving program funds aware of these requirements.
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