42 U.S.C. § 290kk–1 — Religious organizations as program participants

(a) In general: No matter what other laws say, a religious organization can get government financial assistance and provide services under a designated program, on the same basis as any other nonprofit private provider. (b) Religious organizations: The point of this section is to let religious organizations take part in these programs just like any other nonprofit — without weakening their religious character, and without taking away program beneficiaries' religious freedom. (c) Nondiscrimination against religious organizations: (1) Religious organizations are eligible to be program participants the same way any other nonprofit is, as long as the program follows the First Amendment's Establishment Clause and Free Exercise Clause. Nothing here stops the federal, state, or local government from applying the same eligibility rules to religious organizations that it applies to any other nonprofit. (2) Neither the federal government nor a state or local government can discriminate against an organization — refuse to let it apply or participate — just because it has a religious character. (d) Religious character and freedom: (1) Except where this section says otherwise, a religious organization that participates keeps its independence from federal, state, and local government, including full control over its own religious beliefs and how it defines, develops, practices, and expresses them. (2) The government cannot require a religious organization to change how it governs itself internally, or to remove religious art, icons, scripture, or other symbols, in order to take part. (e) Employment practices: This section doesn't change any other federal or state law about employment discrimination. A religious organization's existing exemption under section 2000e–1 — which lets religious groups make employment decisions based on religion — stays in place even if the organization takes part in, or gets money from, a designated program. (f) Rights of program beneficiaries: (1) If someone who receives services, or might receive them, objects to the religious character of the organization providing them, the organization must refer that person to an alternative provider within a reasonable time. The government running the program must then provide services (if the person otherwise qualifies) from a provider that is (A) accessible and able to actually serve them, and (B) worth no less than what they would have gotten from the organization they objected to. The organization must tell the right government agency about the referral. (2) Program participants, agencies that refer people to these programs, and the governments running them must make sure beneficiaries are told about these rights. (3) Before referring someone, the organization must check any list the state or local government provides of other service providers in the area, and must make sure the person actually connects with the alternative provider. (4) A religious organization can't discriminate against a beneficiary based on their religion or religious beliefs, whether it's providing services or doing outreach. (g) Fiscal accountability: (1) Except as described below, a religious organization participant must follow the same accounting rules as any other award recipient, using generally accepted auditing principles to track how it uses the funds. (2) It must keep the federal award money in a separate account from its own, non-federal money. Only the award money — not the organization's other funds — is subject to government audit. (h) Compliance: If a religious organization disagrees with how an agency is applying this section, it can ask a court to review the agency's action, under the process in chapter 7 of title 5.