U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 42Chapter 6ASubchapter III-APart J
§ 290kk–1.
Religious organizations as program participants
(a)
In general
Notwithstanding any other provision of law, a religious organization, on the same basis as any other nonprofit private provider—
(1)
may receive financial assistance under a designated program; and
(2)
may be a provider of services under a designated program.
(b)
Religious organizations
(c)
Nondiscrimination against religious organizations
(1)
Eligibility as program participants
(2)
Nondiscrimination
(d)
Religious character and freedom
(1)
Religious organizations
(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 a program participant.
(e)
Employment practices
(f)
Rights of program beneficiaries
(1)
In general
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—
(A)
are from an alternative provider that is accessible to, and has the capacity to provide such services to, such individual; and
(B)
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.
(2)
Notices
(3)
Additional requirements
A program participant making a referral pursuant to paragraph (1) shall—
(A)
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
(B)
ensure that the individual makes contact with the alternative provider to which the individual is referred.
(4)
Nondiscrimination
(g)
Fiscal accountability
(1)
In general
(2)
Limited audit
(h)
Compliance
(July 1, 1944, ch. 373, title V, § 582, as added Pub. L. 106–554, § 1(a)(7) [title I, § 144], Dec. 21, 2000, 114 Stat. 2763, 2763A–620.)
cite as: 42 USC 290kk-1
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