Title 42The Public Health and WelfareRelease 119-73

§9920 Operational rule

Title 42 › Chapter CHAPTER 106— - COMMUNITY SERVICES BLOCK GRANT PROGRAM › § 9920

Last updated Apr 6, 2026|Official source

Summary

Religious groups must be allowed to apply for and take part in federal, state, or local programs just like any other nonprofit, as long as doing so follows the Establishment Clause of the First Amendment. Governments may not treat a group badly because it is religious. A religious group keeps its religious identity and control over its beliefs, worship, and how it practices faith. The government cannot force a group to change its internal rules (except for the community services block grant rules in section 9910) or to remove religious art, symbols, or scripture. A group’s employment exemption in section 2000e–1 is not lost by taking part. Government money given directly to a religious group cannot pay for worship, religious teaching, or trying to convert people. Religious groups must follow the same rules as other nonprofits for keeping financial records, using generally accepted accounting principles, but must put government funds in a separate account. Only those government funds can be audited by the government. Any intermediate organization that is hired to pick nonprofits must follow these same rules.

Full Legal Text

Title 42, §9920

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(1)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.
(2)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;
(3)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).
(c)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.
(d)(1)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.
(2)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)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

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 9920

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73