42 U.S.C. § 290kk–1 — Religious organizations as program participants
submitted 82 years ago by Pub. L. 106-554 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 815 words · no verdicts yet
Religious groups can get government funding to run substance-abuse programs on the same terms as other nonprofits. They keep their religious character, but must refer objecting clients elsewhere and keep federal money separate for audits.
(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.
Notwithstanding any other provision of law, a religious organization*, on the same basis as any other nonprofit private provider—
may receive financial assistance* under a designated program*; and
may be a provider of services under a designated program.
The purpose of this section is to allow religious organizations to be program participants on the same basis as any other nonprofit private provider without impairing the religious character of such organizations, and without diminishing the religious freedom of program beneficiaries.
Religious organizations are eligible to be program participants on the same basis as any other nonprofit private organization as long as the programs are implemented consistent with the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution. Nothing in this chapter shall be construed to restrict the ability of the Federal Government, or a State* or local government receiving funds under such programs, to apply to religious organizations the same eligibility conditions in designated programs as are applied to any other nonprofit private organization.
Neither the Federal Government nor a State or local government receiving funds under designated programs shall discriminate against an organization that is or applies to be a program participant* on the basis that the organization has a religious character.
Except as provided in this section, any religious organization that is a program participant shall retain its independence from Federal, State, and local government, including such organization’s control over the definition, development, practice, and expression of its religious beliefs.
Neither the Federal Government nor a State shall require a religious organization to—
alter its form of internal governance; or
remove religious art, icons, scripture, or other symbols,
in order to be a program participant.
Nothing in this section shall be construed to modify or affect the provisions of any other Federal or State law or regulation that relates to discrimination in employment. A religious organization’s exemption provided under section 2000e–1 of this title regarding employment practices shall not be affected by its participation in, or receipt of funds from, a designated program.
If an individual who is a program beneficiary* or a prospective program beneficiary objects to the religious character of a program participant, within a reasonable period of time after the date of such objection such program participant shall refer such individual to, and the appropriate Federal, State, or local government that administers a designated program or is a program participant shall provide to such individual (if otherwise eligible for such services), program services* that—
are from an alternative provider that is accessible to, and has the capacity to provide such services to, such individual; and
have a value that is not less than the value of the services that the individual would have received from the program participant to which the individual had such objection.
Upon referring a program beneficiary to an alternative provider, the program participant shall notify the appropriate Federal, State, or local government agency that administers the program of such referral.
Program participants, public agencies that refer individuals to designated programs, and the appropriate Federal, State, or local governments that administer designated programs or are program participants shall ensure that notice is provided to program beneficiaries or prospective program beneficiaries of their rights under this section.
A program participant making a referral pursuant to paragraph (1) shall—
prior to making such referral, consider any list that the State or local government makes available of entities in the geographic area that provide program services; and
ensure that the individual makes contact with the alternative provider to which the individual is referred.
A religious organization that is a program participant shall not in providing program services or engaging in outreach activities under designated programs discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief.
Except as provided in paragraph (2), any religious organization that is a program participant shall be subject to the same regulations as other recipients of awards of Federal financial assistance to account, in accordance with generally accepted auditing principles, for the use of the funds provided under such awards.
With respect to the award involved, a religious organization that is a program participant shall segregate Federal amounts provided under award into a separate account from non-Federal funds. Only the award funds shall be subject to audit by the government.
With respect to compliance with this section by an agency, a religious organization may obtain judicial review of agency action in accordance with chapter 7 of title 5.
Source credit: (July 1, 1944, ch. 373, title V, § 596A, formerly § 582, as added Pub. L. 106–554, § 1(a)(7) [title I, § 144], Dec. 21, 2000, 114 Stat. 2763, 2763A–620; renumbered § 596A, Pub. L. 119–44, title I, § 107(a)(2), Dec. 1, 2025, 139 Stat. 674.)
- 1944Enacted · Pub. L. 106-554 · 114 Stat. 2763, 2763
- 2025Amended · Pub. L. 119-44 · 139 Stat. 674
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-554 on 1944-07-01.
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