Title 42, The Public Health and WelfareRelease 119-110

§300x–65 Services Provided by Nongovernmental Organizations

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XVII — BLOCK GRANTS › Part B — Block Grants Regarding Mental Health and Substance Use › subpart iii — general provisions › § 300x–65

Last updated Sep 22, 2026|Official source

Summary

Stops governments from denying federal substance-abuse money to private groups or people because of religion, and lets religious groups take those funds without losing their religious identity. States may hire or give grants to private groups, including churches and other faith-based groups, so long as the program does not break the First Amendment rule against government favoring a religion. Religious groups keep control over their beliefs and how they practice them. Governments cannot force them to change their internal rules or remove religious symbols to get money. People getting services must be told about their rights. If someone objects to a provider’s religious character, the government must, within a reasonable time, give that person a nearby alternative provider whose services are at least equal in value. Religious providers may require staff who work on the program to follow rules against drug or alcohol use, and their usual religious hiring exemptions stay the same. Religious groups must follow the same accounting rules as other private groups, keep government funds in a separate account, and only those government funds can be audited. No government grant money may pay for worship, religious teaching, or trying to convert people. If state or local money is mixed with federal money, the same rules apply. A middleman group that selects providers under a government contract must follow these duties too but keeps its other rights as a private group. Anyone whose rights are violated can sue in federal or state court to stop the violation.

Full Legal Text

Title 42, §300x–65

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

(a)Purposes
The purposes of this section are—
(1)to prohibit discrimination against nongovernmental organizations and certain individuals on the basis of religion in the distribution of government funds to provide substance abuse services under this subchapter and subchapter III–A, and the receipt of services under such subchapters; and
(2)to allow the organizations to accept the funds to provide the services to the individuals without impairing the religious character of the organizations or the religious freedom of the individuals.
(b)Religious organizations included as nongovernmental providers
(1)In general
A State may administer and provide substance abuse services under any program under this subchapter or subchapter III–A through grants, contracts, or cooperative agreements to provide assistance to beneficiaries under such subchapters with nongovernmental organizations.
(2)Requirement
A State that elects to utilize nongovernmental organizations as provided for under paragraph (1) shall consider, on the same basis as other nongovernmental organizations, religious organizations to provide services under substance abuse programs under this subchapter or subchapter III–A, so long as the programs under such subchapters are 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 such programs shall discriminate against an organization that provides services under, or applies to provide services under, such programs, on the basis that the organization has a religious character.
(c)Religious character and independence
(1)In general
A religious organization that provides services under any substance abuse program under this subchapter or subchapter III–A 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 or local government shall require a religious organization—
(A)to alter its form of internal governance; or
(B)to remove religious art, icons, scripture, or other symbols,
in order to be eligible to provide services under any substance abuse program under this subchapter or subchapter III–A.
(d)Employment practices
(1)Substance abuse
A religious organization that provides services under any substance abuse program under this subchapter or subchapter III–A may require that its employees providing services under such program adhere to rules forbidding the use of drugs or alcohol.
(2)Title VII exemption
The exemption of a religious organization provided under section 702 or 703(e)(2) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1, 2000e–2(e)(2)) regarding employment practices shall not be affected by the religious organization’s provision of services under, or receipt of funds from, any substance abuse program under this subchapter or subchapter III–A.
(e)Rights of beneficiaries of assistance
(1)In general
If an individual described in paragraph (3) has an objection to the religious character of the organization from which the individual receives, or would receive, services funded under any substance abuse program under this subchapter or subchapter III–A, the appropriate Federal, State, or local governmental entity shall provide to such individual (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, services that—
(A)are from an alternative provider that is accessible to the individual; and
(B)have a value that is not less than the value of the services that the individual would have received from such organization.
(2)Notice
The appropriate Federal, State, or local governmental entity shall ensure that notice is provided to individuals described in paragraph (3) of the rights of such individuals under this section.
(3)Individual described
An individual described in this paragraph is an individual who receives or applies for services under any substance abuse program under this subchapter or subchapter III–A.
(f)Nondiscrimination against beneficiaries
A religious organization providing services through a grant, contract, or cooperative agreement under any substance abuse program under this subchapter or subchapter III–A shall not discriminate, in carrying out such program, against an individual described in subsection (e)(3) on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to actively participate in a religious practice.
(g)Fiscal accountability
(1)In general
Except as provided in paragraph (2), any religious organization providing services under any substance abuse program under this subchapter or subchapter III–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)Limited audit
Such organization shall segregate government funds provided under such substance abuse program into a separate account. Only the government funds shall be subject to audit by the government.
(h)Compliance
Any party that seeks to enforce such party’s rights under this section may assert a civil action for injunctive relief exclusively in an appropriate Federal or State court against the entity, agency or official that allegedly commits such violation.
(i)Limitations on use of funds for certain purposes
No funds provided through a grant or contract to a religious organization to provide services under any substance abuse program under this subchapter or subchapter III–A shall be expended for sectarian worship, instruction, or proselytization.
(j)Effect on State and local funds
If a State or local government contributes State or local funds to carry out any substance abuse program under this subchapter or subchapter III–A, the State or local government may segregate the State or local funds from the Federal funds provided to carry out the program or may commingle the State or local funds with the Federal funds. If the State or local government commingles the State or local funds, the provisions of this section shall apply to the commingled funds in the same manner, and to the same extent, as the provisions apply to the Federal funds.
(k)Treatment of intermediate contractors
If a nongovernmental organization (referred to in this subsection as an “intermediate organization”), acting under a contract 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 services under any substance abuse program under this subchapter or subchapter III–A, the intermediate organization shall have the same duties under this section as the government but shall retain all other rights of a nongovernmental organization under this section.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300x–65

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110