
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC604a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
   Part A--Block Grants to States for Temporary Assistance for Needy 
                                Families
 
Sec. 604a. Services provided by charitable, religious, or 
        private organizations
        

(a) In general

                          (1) State options

        A State may--
            (A) administer and provide services under the programs 
        described in subparagraphs (A) and (B)(i) of paragraph (2) 
        through contracts with charitable, religious, or private 
        organizations; and
            (B) provide beneficiaries of assistance under the programs 
        described in subparagraphs (A) and (B)(ii) of paragraph (2) with 
        certificates, vouchers, or other forms of disbursement which are 
        redeemable with such organizations.

                       (2) Programs described

        The programs described in this paragraph are the following 
    programs:
            (A) A State program funded under this part (as amended by 
        section 103(a) of this Act).
            (B) Any other program established or modified under title I 
        or II of this Act, that--
                (i) permits contracts with organizations; or
                (ii) permits certificates, vouchers, or other forms of 
            disbursement to be provided to beneficiaries, as a means of 
            providing assistance.

(b) Religious organizations

    The purpose of this section is to allow States to contract with 
religious organizations, or to allow religious organizations to accept 
certificates, vouchers, or other forms of disbursement under any program 
described in subsection (a)(2) of this section, on the same basis as any 
other nongovernmental provider without impairing the religious character 
of such organizations, and without diminishing the religious freedom of 
beneficiaries of assistance funded under such program.

(c) Nondiscrimination against religious organizations

    In the event a State exercises its authority under subsection (a) of 
this section, religious organizations are eligible, on the same basis as 
any other private organization, as contractors to provide assistance, or 
to accept certificates, vouchers, or other forms of disbursement, under 
any program described in subsection (a)(2) of this section so long as 
the programs are implemented consistent with the Establishment Clause of 
the United States Constitution. Except as provided in subsection (k) of 
this section, neither the Federal Government nor a State receiving funds 
under such programs shall discriminate against an organization which is 
or applies to be a contractor to provide assistance, or which accepts 
certificates, vouchers, or other forms of disbursement, on the basis 
that the organization has a religious character.

(d) Religious character and freedom

                     (1) Religious organizations

        A religious organization with a contract described in subsection 
    (a)(1)(A) of this section, or which accepts certificates, vouchers, 
    or other forms of disbursement under subsection (a)(1)(B) of this 
    section, shall retain its independence from Federal, State, and 
    local governments, including such organization's control over the 
    definition, development, practice, and expression of its religious 
    beliefs.

                      (2) Additional safeguards

        Neither the Federal Government nor a State shall require a 
    religious organization to--
            (A) alter its form of internal governance; or
            (B) remove religious art, icons, scripture, or other 
        symbols;

    in order to be eligible to contract to provide assistance, or to 
    accept certificates, vouchers, or other forms of disbursement, 
    funded under a program described in subsection (a)(2) of this 
    section.

(e) Rights of beneficiaries of assistance

                           (1) In general

        If an individual described in paragraph (2) has an objection to 
    the religious character of the organization or institution from 
    which the individual receives, or would receive, assistance funded 
    under any program described in subsection (a)(2) of this section, 
    the State in which the individual resides shall provide such 
    individual (if otherwise eligible for such assistance) within a 
    reasonable period of time after the date of such objection with 
    assistance from an alternative provider that is accessible to the 
    individual and the value of which is not less than the value of the 
    assistance which the individual would have received from such 
    organization.

                      (2) Individual described

        An individual described in this paragraph is an individual who 
    receives, applies for, or requests to apply for, assistance under a 
    program described in subsection (a)(2) of this section.

(f) 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)(2) of this section.

(g) Nondiscrimination against beneficiaries

    Except as otherwise provided in law, a religious organization shall 
not discriminate against an individual in regard to rendering assistance 
funded under any program described in subsection (a)(2) of this section 
on the basis of religion, a religious belief, or refusal to actively 
participate in a religious practice.

(h) Fiscal accountability

                           (1) In general

        Except as provided in paragraph (2), any religious organization 
    contracting to provide assistance funded under any program described 
    in subsection (a)(2) of this section shall be subject to the same 
    regulations as other contractors to account in accord with generally 
    accepted auditing principles for the use of such funds provided 
    under such programs.

                          (2) Limited audit

        If such organization segregates Federal funds provided under 
    such programs into separate accounts, then only the financial 
    assistance provided with such funds shall be subject to audit.

(i) Compliance

    Any party which seeks to enforce its rights under this section may 
assert a civil action for injunctive relief exclusively in an 
appropriate State court against the entity or agency that allegedly 
commits such violation.

(j) Limitations on use of funds for certain purposes

    No funds provided directly to institutions or organizations to 
provide services and administer programs under subsection (a)(1)(A) of 
this section shall be expended for sectarian worship, instruction, or 
proselytization.

(k) Preemption

    Nothing in this section shall be construed to preempt any provision 
of a State constitution or State statute that prohibits or restricts the 
expenditure of State funds in or by religious organizations.

(Pub. L. 104-193, title I, Sec. 104, Aug. 22, 1996, 110 Stat. 2161.)

                       References in Text

    Section 103(a) of this Act, referred to in subsec. (a)(2)(A), means 
section 103(a) of Pub. L. 104-193, which enacted this part and struck 
out former part A of this subchapter, except for section 618. For 
complete classification of section 103(a) to the Code, see Tables.
    Titles I and II of this Act, referred to in subsec. (a)(2)(B), means 
titles I and II of Pub. L. 104-193, Aug. 22, 1996, 110 Stat. 2110, 2185. 
For complete classification of these titles to the Code, see Tables.

                          Codification

    Section was enacted as part of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, and not as part of the Social 
Security Act which comprises this chapter.


                             Effective Date

    Section effective July 1, 1997, with transition rules relating to 
State options to accelerate such date, rules relating to claims, 
actions, and proceedings commenced before such date, rules relating to 
closing out of accounts for terminated or substantially modified 
programs and continuance in office of Assistant Secretary for Family 
Support, and provisions relating to termination of entitlement under 
AFDC program, see section 116 of Pub. L. 104-193, as amended, set out as 
a note under section 601 of this title.
