
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9920]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 106--COMMUNITY SERVICES BLOCK GRANT PROGRAM
 
Sec. 9920. Operational rule


(a) 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.

(b) Religious character and independence

                           (1) In general

        A religious organization that provides assistance under a 
    program described in subsection (a) of this section shall retain its 
    religious character and control over the definition, development, 
    practice, and expression of its religious beliefs.

                      (2) Additional safeguards

        Neither the Federal Government nor a State or local government 
    shall require a religious organization--
            (A) 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
            (B) to remove religious art, icons, scripture, or other 
        symbols;

    in order to be eligible to provide assistance under a program 
    described in subsection (a) of this section.

                      (3) 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) of this section.

(c) 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) of this section 
shall be expended for sectarian worship, instruction, or 
proselytization.

(d) Fiscal accountability

                           (1) In general

        Except as provided in paragraph (2), any religious organization 
    providing assistance under any program described in subsection (a) 
    of this section 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.

                          (2) 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.

(e) 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) of this section, the 
intermediate organization shall have the same duties under this section 
as the government.

(Pub. L. 97-35, title VI, Sec. 679, as added Pub. L. 105-285, title II, 
Sec. 201, Oct. 27, 1998, 112 Stat. 2749.)


                            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.

                  Section Referred to in Other Sections

    This section is referred to in section 9902 of this title.
