Title 42 — The Public Health and Welfare
Chapter 106 — Community Services Block Grant Program
§ 9920. Operational rule
Statutory text
Religious organizations included as nongovernmental providers
For any program carried out by the Federal Government, or by a State or local government under this chapter, the government shall consider, on the same basis as other nongovernmental organizations, religious organizations to provide the assistance under the program, so long as the program is implemented in a manner consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government nor a State or local government receiving funds under this chapter shall discriminate against an organization that provides assistance under, or applies to provide assistance under, this chapter, on the basis that the organization has a religious character.
Religious character and independence
In general
A religious organization that provides assistance under a program described in subsection (a) shall retain its religious character and control over the definition, development, practice, and expression of its religious beliefs.
Additional safeguards
Neither the Federal Government nor a State or local government shall require a religious organization—
to alter its form of internal governance, except (for purposes of administration of the community services block grant program) as provided in section 9910 of this title; or
to remove religious art, icons, scripture, or other symbols;
in order to be eligible to provide assistance under a program described in subsection (a).
Employment practices
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, programs described in subsection (a).
Limitations on use of funds for certain purposes
No funds provided directly to a religious organization to provide assistance under any program described in subsection (a) shall be expended for sectarian worship, instruction, or proselytization.
Fiscal accountability
In general
Except as provided in paragraph (2), any religious organization providing assistance under any program described in subsection (a) shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds provided under such program.
Limited audit
Such organization shall segregate government funds provided under such program into a separate account. Only the government funds shall be subject to audit by the government.
Treatment of eligible entities and other intermediate organizations
If an eligible entity or other organization (referred to in this subsection as an “intermediate organization”), acting under a contract, or grant or other agreement, with the Federal Government or a State or local government, is given the authority under the contract or agreement to select nongovernmental organizations to provide assistance under the programs described in subsection (a), the intermediate organization shall have the same duties under this section as the government.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 97–35 title VI § 679 · 95 Stat. 357
Enacted · 42 U.S.C. § 9920
(Pub. L. 97–35, title VI, § 679, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2749.)
Source evidence
Code source credit
(Pub. L. 97–35, title VI, § 679, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2749.)Enacted provision · exact public law section
Sec. 679. withholding (a) (1) The Secretary shall, after adequate notice and an Notice and hearing. 42 USC 9908. opportunity for a hearing conducted within the affected State, withhold funds from any State which does not utilize its allotment substantially in accordance with the provisions of this subtitle and the assurances such State provided under section 675. (2) The Secretary shall respond in an expeditious and speedy manner to complaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this subtitle or the assurances provided by the State under section 675. For purposes of this paragraph, a violation of any one of the assurances contained in section 675(c) that constitutes a disregard of that assurance shall be considered a serious complaint. (b) (1) The Secretary shall conduct in several States in each fiscal Investigations. year investigations of the use of funds received by the States under this subtitle in order to evaluate compliance with the provisions of this subtitle. (2) Whenever the Secretary determines that there is a pattern of complaints from any State in any fiscal year, he shall conduct an investigation of the use of funds received under this subtitle by such State in order to ensure compliance with the provisions of this subtitle. (3) The Comptroller General of the United States may conduct an investigation of the use of funds received under this subtitle by a State in order to ensure compliance with the provisions of this subtitle. (c) Pursuant to an investigation conducted under subsection (b), a State shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request therefor. (d) In conducting any investigation under subsection (b), the Secretary may not request any information not readily available to such State or require that any information be compiled, collected, or transmitted in any new form not already available.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 679 of Pub. L. 97–35 was classified to section 9908 of this title, prior to the general amendment of this chapter by Pub. L. 105–285.
Credits
(Pub. L. 97–35, title VI, § 679, as added Pub. L. 105–285, title II, § 201, , 112 Stat. 2749.)