42 U.S.C. § 604a : US Code - Section 604A: Services provided by charitable, religious, or private organizations

Search 42 U.S.C. § 604a : US Code - Section 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.