42 U.S.C. § 300x–65 — Services provided by nongovernmental organizations

(a) Purposes — This section has two goals. First, it stops discrimination based on religion, both against nongovernmental organizations and against certain individuals, when the government hands out substance abuse funds under this subchapter and subchapter III–A — covering both the groups that give out the funds and the people who receive services. Second, it lets religious organizations take government funds to provide these services without giving up their religious character, and without individuals giving up their religious freedom. (b) Religious organizations included as nongovernmental providers (1) In general — A State can run substance abuse programs under this subchapter or subchapter III–A by using grants, contracts, or cooperative agreements with nongovernmental organizations to help people who qualify. (2) Requirement — If a State chooses to use nongovernmental organizations this way, it must consider religious organizations on the same basis as other nongovernmental organizations, as long as the program is run consistent with the Establishment Clause of the First Amendment. Neither the federal government nor a State or local government receiving this money can discriminate against an organization — in providing or applying to provide services — just because it has a religious character. (c) Religious character and independence (1) In general — A religious organization providing services under these programs keeps its independence from federal, state, and local governments, including control over its own religious beliefs — how they are defined, developed, practiced, and expressed. (2) Additional safeguards — No government can require a religious organization to change its internal governance, or to remove religious art, icons, scripture, or other symbols, just to be eligible to provide services. (d) Employment practices (1) Substance abuse — A religious organization providing these services can require its employees working on the program to follow rules against using drugs or alcohol. (2) Title VII exemption — Religious organizations already have an exemption under section 702 or 703(e)(2) of the Civil Rights Act of 1964 for their employment practices. Providing services under, or taking money from, a substance abuse program under this subchapter does not take away that exemption. (e) Rights of beneficiaries of assistance (1) In general — If a person described in paragraph (3) objects to the religious character of the organization they get (or would get) services from, the appropriate federal, State, or local government must, within a reasonable time after the objection, arrange for that person (if otherwise eligible) to get services that (A) come from an alternative provider that is accessible to the person, and (B) are worth at least as much as what the original organization would have given. (2) Notice — The appropriate government must make sure people described in paragraph (3) are told about this right. (3) Individual described — This means anyone who receives or applies for services under a substance abuse program covered by this subchapter or subchapter III–A. (f) Nondiscrimination against beneficiaries — A religious organization providing these services through a grant, contract, or cooperative agreement cannot discriminate against a person described in subsection (e)(3) because of their religion, a religious belief, refusing to hold a religious belief, or refusing to take part in a religious practice. (g) Fiscal accountability (1) In general — Except as paragraph (2) allows, a religious organization providing these services must follow the same accounting regulations as any other nongovernmental organization, using generally accepted accounting principles. (2) Limited audit — The organization must keep the government funds in a separate account. Only that government-funded account — not the organization's other money — can be audited by the government. (h) Compliance — Anyone who wants to enforce their rights under this section can only do so by filing a civil lawsuit asking for an injunction (a court order stopping the violation), in the appropriate federal or State court, against whoever allegedly committed the violation. (i) Limitations on use of funds for certain purposes — Money from a grant or contract given to a religious organization for these services cannot be spent on sectarian worship, instruction, or proselytization (trying to convert people). (j) Effect on State and local funds — If a State or local government adds its own money to fund one of these programs, it can either keep that money separate from the federal money or mix it together. If it mixes the funds, all the rules in this section apply to the combined money the same way, and to the same extent, as they apply to the federal money alone. (k) Treatment of intermediate contractors — Sometimes a nongovernmental organization (called an "intermediate organization" here) has a contract or agreement with the federal, State, or local government that gives it the authority to pick which other nongovernmental organizations provide the services. In that case, the intermediate organization has the same duties under this section as the government does, but it still keeps all the other rights a nongovernmental organization has under this section.