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Attn: RFI Regarding Faith-Based Organizations ID: LFG-2017-0026

Center for Faith-Based and Neighborhood Partnerships

Office of Intergovernmental and External Affairs

U.S. Department of Health and Human Services

Hubert H. Humphrey Building

200 Independence Avenue SW.

Washington, DC 20201

CFBNP@hhs.gov

Sent via: Electronic mail

November 24th, 2017

Re: Comment in opposition to the Department of Health and Human Services (HHS) removing barriers
for religious and faith based organizations participating in HHS Programs and receiving public funding

U.S Department of Health and Human Services,

I am sending you this comment in response as to your agency requesting comments on removing
barriers for religious and faith based organizations participating in HHS Programs and receiving public
funding.1 Therefore, please consider my comment to the United States Department of Health and
Human Services in opposition to the Department of Health and Human Services removing barriers for
religious and faith based organizations participating in HHS Programs and receiving public funding. I
personally do not like this proposal and I believe that doing so would violate the religious freedom that
every taxpayer has. It is, as Thomas Jefferson has said, "sinful and tyrannical.

When looking at a procedural background as to somewhat of this issue, it appears as if a top priority of
President George W. Bush was his "Faith Based and Community Initiatives," in which openly favored
taking public funds and to give those public funds to religious groups. President Barack Obama
continued this program as he was in office. But even though the White Houses Faith Based and
Community Initiatives was in place, the United States Department of Health and Human Services
however had barriers in place for religious and faith based organizations that participated in Health and
Human Services programs. Now is appears as if the United States Department of health and Human
Services wants to change this safeguard in which is probably due to politics and political influence.2

I do hope that you understand that removing barriers for religious and faith based organizations
participating in Health and Human Services programs and receiving public funding will funnel more
taxpayer funds directly to religious and faith based organizations such as churches. I believe that the

1
See Exhibit 1.
2
Politics and political influence should not be used to prevent the United States or any agency of the United States
from abiding by the Constitution of the United States or making sure that its officials or its agencies operate
without showing favoritism to any religion or religious group. The United States must remain secular when it
comes to religion.
United States Department of Health and Human Services should instead of removing the common-sense
barriers, that the Department of Health and Human Services should install more safeguards to ensure
that taxpayer dollars do not fund religion, a religious view and that taxpayer dollars do not open
vulnerable people to proselytizing or religious favoritism. I in fact believe that more safeguards need to
be in place to ensure the protection of people who use funds from the United States Department of
Health and Human Services "funded services" involve faith based originations that attempt to convert
the people or by those entities trying to fulfill some other religious motive or religious task before they
receive the services. I believe that more protections must be implemented to ensure that religious and
faith based organizations receiving federal funds are not allowed to discriminate in their charitable
work, even if their religion otherwise requires it.

In conclusion, I am opposed to the United States Department of Health and Human Services sending,
spending or thinking about using taxpayer dollars or other types of public or government funds to
religious or faith based organizations.3 I am further opposed to the United States Department of Health
and Human Services removing its barriers for religious and faith based organizations participating in HHS
Programs and receiving public funding. I want taxpayer dollars and other types of public funds to go
towards secular programs instead of the public funds going to non-secular entities, some of those that
believe that it is acceptable to discriminate against certain members of the public and that would do so
even after receiving HHS funds for a service or survives.

Respectfully,

Isaiah X. Smith4

3
I think that the money of the taxpayer or others types of public or government funds needs to go towards endling
end homelessness in the United States, supporting housing for veterans who have served in the armed forces of
the United States, helping give foster children and young adults the tools that they need to be successful in our
world and et cetera.
4
www.isaiahxsmith.com
EXHIBIT 1
49300

Proposed Rules Federal Register


Vol. 82, No. 205

Wednesday, October 25, 2017

This section of the FEDERAL REGISTER ADDRESSES: You may submit comments of discrimination or retaliation by the
contains notices to the public of the proposed in one of four ways (please choose only Federal Government . . . Federal law
issuance of rules and regulations. The one of the ways listed): protects the freedom of Americans and
purpose of these notices is to give interested 1. Electronically. You may submit their organizations to exercise religion
persons an opportunity to participate in the electronic comments through http:// and participate fully in civic life
rule making prior to the adoption of the final
www.regulations.gov. without undue interference by the
rules.
2. By email. You may submit email Federal Government. The executive
comments to the following email branch will honor and enforce those
DEPARTMENT OF HEALTH AND address ONLY: CFBNP@hhs.gov. protections. The President further
HUMAN SERVICES 3. By regular mail. You may mail declared that it will be the policy of
written comments to the following the executive branch to vigorously
Office of the Secretary address ONLY: Center for Faith-Based enforce Federal laws robust protections
and Neighborhood Partnerships, Office for religious freedom. 1
21 CFR Chapter I of Intergovernmental and External
Affairs, U.S. Department of Health and This commitment to faith-based
Human Services, Attention: RFI organizations has extended across
42 CFR Chapters I and IV
Regarding Faith-Based Organizations, administrations because faith-based
Hubert H. Humphrey Building, 200 organizations have a long history of
45 CFR Subtitle A and Subtitle B,
Independence Avenue SW., providing an array of important services
Chapters II, III, IV, X, and XIII
Washington, DC 20201. Please allow to people and communities in need of
sufficient time for mailed comments to health care, education, social services,
[HHS9928RFI] and other charitable services in the
be received before the close of the
comment period. United States. Religious faith, in its
Removing Barriers for Religious and
4. By express or overnight mail. You many expressions, is a key aspect of
Faith-Based Organizations To
may send written comments to the American life and culture. Because so
Participate in HHS Programs and
following address ONLY: Center for many people live their lives through
Receive Public Funding
Faith-Based and Neighborhood their faith commitments, faith-based
AGENCY: Center for Faith-Based and Partnerships, Office of organizations are uniquely positioned to
Neighborhood Partnerships, Office of Intergovernmental and External Affairs, understand and serve their neighbors
Intergovernmental and External Affairs, U.S. Department of Health and Human and communities in culturally
HHS. Services, Attention: RFI Regarding competent ways. These organizations
Faith-Based Organizations, Hubert H. are driven by faith to serve people of all
ACTION: Request for information.
Humphrey Building, 200 Independence faiths or none with compassion and
SUMMARY: The U.S. Department of Avenue SW., Washington, DC 20201. commitment, and to provide them with
Health and Human Services (HHS) is food, housing, health care, family
FOR FURTHER INFORMATION CONTACT:
committed to delivering services to the support, mental health support,
Shannon Royce, (202) 6906060.
public as efficiently and effectively as addiction recovery, counseling,
SUPPLEMENTARY INFORMATION: All education, and other essential services.
possible. Religious and faith-based submissions made must include the
organizations (hereafter faith-based According to a study by researchers at
Agency name HHS9928RFI. All Georgetown University and the
organizations) are important partners comments received may be posted
with unique expertise that is crucial to Newseum Institute, over 150 million
without change to http:// Americans are members of over 344,000
advancing HHSs mission of protecting www.regulations.gov, including any
and enhancing the health and well- religious congregations which sponsor a
personal information provided. combined 1,621,000 health and social
being of Americans. HHS seeks
comment from faith-based organizations I. Background service programs.2 The study estimated
and other interested parties to inform that religious organizations provide
Executive Orders 13279 and 13559,
HHS on how it may best identify and about $1.2 trillion in socio-economic
issued by President George W. Bush and
remove regulatory or other barriers in value to the U.S. every year.3
President Barack Obama, respectively,
order for these institutions to participate Furthermore, the mission driving these
direct Federal agencies to ensure equal
in HHS-funded or regulated programs, protection under the laws for faith- 1 See also Memorandum from Attorney Gen. Jeff
strengthen partnerships with faith-based based and community organizations Sessions for All Executive Departments and
organizations to improve service and to strengthen the capacity of faith- Agencies, Federal Law Protections for Religious
delivery to the American people, and based and other neighborhood Liberty (Attorney General Memorandum) at 1 (Oct.
ensure faith-based organizations are organizations to deliver services 6, 2017), https://www.justice.gov/opa/press-release/
nlaroche on DSK9F9SC42PROD with PROPOSALS

affirmatively accommodated and not file/1001891/download ([r]eligious liberty is a


effectively to those in need. Further, in foundational principle of enduring importance in
excluded from publicly funded or Executive Order 13798, President America, enshrined in our Constitution and other
conducted programs or activities Donald Trump declared that the sources of federal law).
because of HHS requirements that Founders envisioned a Nation in which 2 Brian Grim and Melissa Grim, The Socio-

burden or interfere with their religious religious voices and views were integral economic Contribution of Religion to American
character or exercise. Society: An Empirical Analysis, Interdisciplinary
to a vibrant public square, and in which Journal of Research on Religion 12, no. 3 (2016),
DATES: Comments must be submitted on religious people and institutions were http://www.religjournal.com/pdf/ijrr12003.pdf.
or before November 24, 2017. free to practice their faith without fear 3 Ibid, Table 13.

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Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Proposed Rules 49301

organizations can lead to improved private sector organizations, some of whether its existing regulations and
services and innovative service delivery. which are faith-based and some of guidance advance the Departments
The U.S. Department of Health and which are not, and we aim to administer priority of cultivating partnerships with
Human Services (HHS or the our programs and funding without faith-based organizations that provide
Department)the Federal discrimination on the basis of religion. services to people in need or conduct
Governments largest grant-maker and As part of achieving the Departments other meaningful work. Because HHS
the third largest Federal contracting overall goals, HHS is fully committed to primarily partners with faith-based
agencyadministers Federal funding fostering robust and thriving organizations through grant and contract
with the overarching goal of delivering partnerships with faith-based funding, HHS specifically seeks to
services, providing access to programs, organizations that serve as either identify any regulatory, guidance-based,
and funding research that will improve recipients or sub-recipients of or other requirements or conditions for
the health and well-being of Americans. Department funding or as partners with grants or contracts that present barriers
HHSs Federal funding opportunities state or local agencies funded or for faith-based organizations to
span a wide range of activities: From regulated by HHS. This commitment is participate in HHS-funded programs,
providing health care services to bolstered by the Attorney Generals and methods to ensure faith-based
particular populations, to aiding child Memorandum for All Executive organizations are affirmatively
welfare programs and providing Departments and Agencies, Federal accommodated, and not excluded from
resources to the elderly, to funding Law Protections for Religious Liberty, HHS-funded or conducted programs or
child care and nutrition programs and issued on October 6, 2017 pursuant to activities because of HHS requirements
helping refugees and asylees connect Executive Order 13798. The Attorney that burden or interfere with their
with the resources they need to become General instructed that, to the greatest religious character or exercise.
self-sufficient, to supporting biomedical extent practicable and permitted by law, In this request for information, HHS
and other scientific research. religious observance and practice seeks input from the public and relevant
Faith-based organizations have should be reasonably accommodated in stakeholders on potential changes that
historically been a crucial component of all government activity, including could be made to existing HHS
HHSs efforts by delivering charitable employment, contracting, and regulations or guidance to ensure that
care to Americans in need and engaging programming, provided twenty faith-based organizations and their
in other worthwhile initiatives with the principles to guide administrative religious beliefs and moral convictions
assistance of grant and contract funding agencies and executive departments in are properly accommodated, that faith-
provided by the Department. For carrying out such tasks, and also based organizations are not required to
instance, HHS awarded over $817 provided guidance to such agencies and act contrary to their religious beliefs or
million in funding to faith-based department in implementing such moral convictions (as a recipient, sub-
organizations across 65 competitive, religious liberty principles.6 Given the recipient, contractor, sub-contractor, or
non-formula grant programs in fiscal regulatory nature of many of HHSs otherwise) or are otherwise not
year 2007.4 Over half of all Continuing programs, HHS notes that the Attorney restricted, excluded, substantially
Care Retirement Communities in the Generals guidance directed that, [i]n burdened, discriminated against, or
country were faith-based in 2013; formulating rules, regulations, and disproportionately disadvantaged in
almost 60 percent of the emergency policies, administrative agencies should HHS-conducted or funded programs or
shelter beds for the homeless in eleven also proactively consider potential activities (including those administered
major cities were provided by faith- burdens on the exercise of religion and by state and local governments) because
based organizations in 2016; and one in possible accommodations of those of their religious character, identity,
six hospital patients were cared for in burdens. 7 Similarly, with respect to beliefs, or moral convictions.
Catholic hospitals in 2015, to name just grants and contracts, the Attorney HHS also seeks input on whether
a few of the industries in which these Generals guidance instructs that faith-based organizations could face
groups are invaluable in advancing the [a]gencies also must not discriminate potential obstacles to participation in
Departments objectives.5 Faith-based against religious organizations in their state or locally funded programs, or
organizations also provide significant contracting or grant-making activities, restrictions on their privately funded
assistance in natural disasters and noting that [a]bsent unusual activities, because of HHS requirements
emergencies. circumstances, agencies should not imposed on state and local governments
HHS is dedicated to engaging in condition receipt of a government as a condition of receiving HHS
partnerships with a broad range of contract or grant on the effective funding.
relinquishment of a religious Finally, HHS seeks input on what
4 The White House Office of Faith-Based and
organizations Section 702 exemption policies, procedures, and assessment
Community Initiatives, Federal Competitive
Funding to Faith-Based and Secular Non-Profits for religious hiring practices, or any tools HHS should develop to
Fiscal Year 2007, last accessed September 29, other constitutional or statutory affirmatively further the
2017, https://georgewbush- protection for religious organizations. 8 accommodation, equal treatment, and
whitehouse.archives.gov/government/fbci/data- Given the importance of faith-based respect for the religious exercise of
collection-2007.html.
5 Lisa McCracken, Faith and the Not-For-Profit
organizations in carrying out the faith-based organizations interacting
Provider, Ziegler Investment Banking, August 25, Departments mission of improving with HHS or HHS-funded entities.
2014, http://image.exct.net/lib/ff021271746401/d/4/ Americans health and well-being, and II. Solicitation of Comments
zNews_Featured_082514.pdf; Byron Johnson, the principles and directives in the
nlaroche on DSK9F9SC42PROD with PROPOSALS

William H. Wubbenhorst, and Alfreda Alvarez, HHS solicits comments on potential


Assessing the Faith-Based Response to
Attorney Generals Memorandum for All
Homelessness in America: Findings from Eleven Executive Departments and Agencies, changes to existing regulations or
Cities, Baylor Institute for Studies of Religion, HHS solicits comments, through this guidance that affirmatively assure the
(2017), available at http://www.baylorisr.org/wp- request for information, to determine equal treatment of faith-based
content/uploads/ISR-Homeless-FINAL-01092017- organizations and on the extent to
web.pdf; Catholic Health Association of the United
States, Catholic Health Care in the United States,
6 Attorney General Memorandum at 1. which faith-based organizations are
last updated January 2017, https://www.chausa.org/ 7 Id. at 7. beneficial to furthering the mission of
about/about/facts-statistics. 8 Id. at 8. the Department. Specifically, HHS seeks

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49302 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Proposed Rules

information that would assist it in in the absence of Federal partnerships all comments may be posted online on
pursuing the following objectives: with faith-based organizations? http://www.regulations.gov.
1. To remove obstacles to This is a request for information only.
participation by faith-based III. Collection of Information
Respondents are encouraged to provide Requirements
organizations in the delivery of publicly complete but concise responses to any
funded services and activities. What or all of the questions outlined above. This document does not impose
changes in HHS regulations, guidance, This request for information is issued information collection requirements;
or other documents (e.g., contracts and solely for information and planning that is, reporting, recordkeeping or
funding opportunity announcements) or purposes; it does not constitute a notice third-party disclosure requirements.
processes might encourage faith-based of proposed rulemaking or request for This request for information constitutes
organizations to participate in HHS- proposals, applications, proposal a general solicitation of comments. In
funded programs and services? What abstracts, or quotations, nor does it accordance with the implementing
existing regulations, guidance, or other suggest that the Department will regulations of the Paperwork Reduction
documents or processes deter such undertake any particular action in Act (PRA) at 5 CFR 1320.3(h)(4),
participation? response to comments. This request for information subject to the PRA does not
2. To ensure faith-based generally include facts or opinions
information does not commit the United
organizationsparticularly those with a submitted in response to general
States Government (Government) to
history of providing health, education, solicitations of comments from the
contract for any supplies or services or
and other support to low-income public, published in the Federal
make a grant award. Further, HHS is not
peopleare not excluded from Register or other publications,
seeking proposals through this request
eligibility for HHS funding. Which regardless of the form or format thereof,
for information and will not accept
provisions in HHS regulations, provided that no person is required to
guidance, or other documents directly unsolicited proposals. Respondents are
advised that the Government will not supply specific information pertaining
or indirectly inhibit faith-based to the commenter, other than that
organizations from receiving HHS pay for any information or
administrative costs incurred in necessary for self-identification, as a
funds? How can the Department condition of the agencys full
improve these regulations, guidance, or response to this request for information;
all costs associated with responding to consideration of the comment.
other documents? Are any faith-based Consequently, this document need not
organizations being restricted, excluded, this request for information will be
solely at the interested partys expense. be reviewed by the Office of
substantially burdened, discriminated Management and Budget under the
against, or disproportionately Not responding to this request for
information does not preclude authority of the Paperwork Reduction
disadvantaged by HHS, an HHS grantee Act of 1995 (44 U.S.C. 3501 et seq.).
or contractor, or a state or local participation in any future rulemaking
government entity administering an or procurement, if conducted. It is the Dated: October 20, 2017.
HHS-funded program or activity responsibility of the potential Jane E. Norton,
because of their religious character, responders to monitor this request for Director, Office of Intergovernmental &
identity, beliefs, or moral convictions? information announcement for External Affairs, U.S. Department of Health
3. To ensure that faith-based additional information pertaining to this and Human Services.
organizations receive accommodation, request. We also note that HHS will not [FR Doc. 201723257 Filed 102417; 8:45 am]
equal treatment, and respect for their respond to questions about the policy BILLING CODE 412001P
religious beliefs and moral convictions issues raised in this request for
from HHS or HHS-funded entities. What information. HHS may or may not
regulations, guidance documents, choose to contact individual responders. ENVIRONMENTAL PROTECTION
policies, procedures, and/or assessment Such communications would only serve AGENCY
tools should HHS develop to to further clarify written responses.
affirmatively further the Contractor support personnel may be 40 CFR Part 770
accommodation, equal treatment, and used to review the responses submitted
[EPAHQOPPT20170245; FRL996280]
respect for the religious exercise of under this request for information.
faith-based organizations interacting Responses to this notice are not offers RIN 2070AK36
with HHS or HHS funded entities? and cannot be accepted by the
4. To improve our understanding of Government to form a binding contract Voluntary Consensus Standards
the role of faith-based organizations in or issue a grant. Information obtained as Update; Formaldehyde Emission
implementing programs and activities a result of this request for information Standards for Composite Wood
that advance the goals and objectives of may be used by the Government for Products
HHS. Describe the value, whether program planning on a non-attribution AGENCY: Environmental Protection
qualitative or quantitative, that faith- basis. Respondents should not include Agency (EPA).
based organizations provide in any information that might be ACTION: Proposed rule.
improving the health and well-being of considered proprietary or confidential.
Americans and other populations This request for information should not SUMMARY: EPA is proposing to amend
eligible for public benefits and services. be construed as a commitment or the formaldehyde emission standards
What would the consequences be if authorization to incur cost for which for composite wood products final rule,
nlaroche on DSK9F9SC42PROD with PROPOSALS

these organizations were no longer able reimbursement would be required or published in the Federal Register on
to participate in the Departments sought. All submissions become December 12, 2016 (81 FR 89674). The
programs or services or were denied Government property and will not be proposed amendment would update
eligibility for Federal funding? Do faith- returned. HHS may publicly post the multiple voluntary consensus standards
based organizations provide unique comments received, or a summary that have been updated, superseded, or
value that could not easily be replicated thereof. While responses to this request withdrawn since publication of the
by other recipients? Would adequate for information do not bind HHS to any notices of proposed rulemaking on June
services be available to people in need further actions related to the response, 10, 2013 (78 FR 34796 and 78 FR 34820)

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