---
kind: "section"
citation: "42 U.S.C. § 290kk–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290kk–1"
heading: "Religious organizations as program participants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290kk-1"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part J — Services Provided Through Religious Organizations"
---

# §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](/usc/42/300s–3.md?p=3) private [provider](/usc/42/299b–21.md?p=8)—
  - (1) may receive financial assistance under a designated [program](/usc/42/274l–1.md?p=4); and
  - (2) may be a [provider](/usc/42/299b–21.md?p=8) of [services](/usc/42/201.md?p=a) under a designated [program](/usc/42/274l–1.md?p=4).
- (b) **Religious organizations—** The purpose of this section is to allow religious organizations to be [program](/usc/42/274l–1.md?p=4) [participants](/usc/42/300gg–91.md?p=d-11) on the same basis as any other [nonprofit](/usc/42/300s–3.md?p=3) private [provider](/usc/42/299b–21.md?p=8) without impairing the religious character of such organizations, and without diminishing the religious freedom of [program](/usc/42/274l–1.md?p=4) [beneficiaries](/usc/42/300gg–91.md?p=d-2).
- (c) **Nondiscrimination against religious organizations—**
  - (1) **Eligibility as program participants—** Religious organizations are eligible to be [program](/usc/42/274l–1.md?p=4) [participants](/usc/42/300gg–91.md?p=d-11) on the same basis as any other [nonprofit](/usc/42/300s–3.md?p=3) private organization as long as the [programs](/usc/42/274l–1.md?p=4) are implemented consistent with the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution. Nothing in this chapter shall be construed to restrict the ability of the Federal Government, or a [State](/usc/42/201.md?p=f) or local government receiving funds under such [programs](/usc/42/274l–1.md?p=4), to apply to religious organizations the same eligibility conditions in designated [programs](/usc/42/274l–1.md?p=4) as are applied to any other [nonprofit](/usc/42/300s–3.md?p=3) private organization.
  - (2) **Nondiscrimination—** Neither the Federal Government nor a [State](/usc/42/201.md?p=f) or local government receiving funds under designated [programs](/usc/42/274l–1.md?p=4) shall discriminate against an organization that is or applies to be a [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) on the basis that the organization has a religious character.
- (d) **Religious character and freedom—**
  - (1) **Religious organizations—** Except as provided in this section, any religious organization that is a [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) shall retain its [independence](/usc/42/242q–4.md?p=1-B) from Federal, [State](/usc/42/201.md?p=f), and local government, 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](/usc/42/201.md?p=f) 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](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11).

- (e) **Employment practices—** Nothing in this section shall be construed to modify or affect the provisions of any other Federal or [State](/usc/42/201.md?p=f) law or regulation that relates to discrimination in employment. A religious organization’s exemption provided under [section 2000e–1 of this title](/usc/42/2000e–1.md) regarding employment [practices](/usc/42/17061.md?p=19) shall not be affected by its participation in, or receipt of funds from, a designated [program](/usc/42/274l–1.md?p=4).
- (f) **Rights of program beneficiaries—**
  - (1) **In general—** If an individual who is a [program](/usc/42/274l–1.md?p=4) [beneficiary](/usc/42/300gg–91.md?p=d-2) or a prospective [program](/usc/42/274l–1.md?p=4) [beneficiary](/usc/42/300gg–91.md?p=d-2) objects to the religious character of a [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11), within a reasonable period of time after the date of such objection such [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) shall refer such individual to, and the appropriate Federal, [State](/usc/42/201.md?p=f), or local government that administers a designated [program](/usc/42/274l–1.md?p=4) or is a [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) shall provide to such individual (if otherwise eligible for such [services](/usc/42/201.md?p=a)), [program](/usc/42/274l–1.md?p=4) [services](/usc/42/201.md?p=a) that—
    - (A) are from an alternative [provider](/usc/42/299b–21.md?p=8) that is accessible to, and has the capacity to provide such [services](/usc/42/201.md?p=a) to, such individual; and
    - (B) have a value that is not less than the value of the [services](/usc/42/201.md?p=a) that the individual would have received from the [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) to which the individual had such objection.

    Upon referring a [program](/usc/42/274l–1.md?p=4) [beneficiary](/usc/42/300gg–91.md?p=d-2) to an alternative [provider](/usc/42/299b–21.md?p=8), the [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) shall notify the appropriate Federal, [State](/usc/42/201.md?p=f), or local government [agency](/usc/42/8262.md?p=1) that administers the [program](/usc/42/274l–1.md?p=4) of such referral.

  - (2) **Notices—** [Program](/usc/42/274l–1.md?p=4) [participants](/usc/42/300gg–91.md?p=d-11), [public agencies](/usc/42/11851.md?p=8) that refer individuals to designated [programs](/usc/42/274l–1.md?p=4), and the appropriate Federal, [State](/usc/42/201.md?p=f), or local governments that administer designated [programs](/usc/42/274l–1.md?p=4) or are [program](/usc/42/274l–1.md?p=4) [participants](/usc/42/300gg–91.md?p=d-11) shall ensure that notice is provided to [program](/usc/42/274l–1.md?p=4) [beneficiaries](/usc/42/300gg–91.md?p=d-2) or prospective [program](/usc/42/274l–1.md?p=4) [beneficiaries](/usc/42/300gg–91.md?p=d-2) of their rights under this section.
  - (3) **Additional requirements—** A [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) making a referral pursuant to [paragraph (1)](#f-1) shall—
    - (A) prior to making such referral, consider any list that the [State](/usc/42/201.md?p=f) or local government makes available of entities in the geographic area that provide [program](/usc/42/274l–1.md?p=4) [services](/usc/42/201.md?p=a); and
    - (B) ensure that the individual makes contact with the alternative [provider](/usc/42/299b–21.md?p=8) to which the individual is referred.
  - (4) **Nondiscrimination—** A religious organization that is a [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) shall not in providing [program](/usc/42/274l–1.md?p=4) [services](/usc/42/201.md?p=a) or engaging in outreach activities under designated [programs](/usc/42/274l–1.md?p=4) discriminate against a [program](/usc/42/274l–1.md?p=4) [beneficiary](/usc/42/300gg–91.md?p=d-2) or prospective [program](/usc/42/274l–1.md?p=4) [beneficiary](/usc/42/300gg–91.md?p=d-2) on the basis of religion or religious belief.
- (g) **Fiscal accountability—**
  - (1) **In general—** Except as provided in [paragraph (2)](#g-2), any religious organization that is a [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) shall be subject to the same [regulations](/usc/42/201.md?p=d) as other recipients of awards of Federal financial assistance to account, in accordance with generally accepted auditing principles, for the use of the funds provided under such awards.
  - (2) **Limited audit—** With respect to the award involved, a religious organization that is a [program](/usc/42/274l–1.md?p=4) [participant](/usc/42/300gg–91.md?p=d-11) shall segregate Federal amounts provided under award into a separate account from non-Federal funds. Only the award funds shall be subject to audit by the government.
- (h) **Compliance—** With respect to compliance with this section by an [agency](/usc/42/8262.md?p=1), a religious organization may obtain judicial review of [agency](/usc/42/8262.md?p=1) action in accordance with chapter 7 of title 5.

## Source credit

(July 1, 1944, ch. 373, title V, § 596A, formerly § 582, as added Pub. L. 106–554, § 1(a)(7) [title I, § 144], Dec. 21, 2000, 114 Stat. 2763, 2763A–620; renumbered § 596A, Pub. L. 119–44, title I, § 107(a)(2), Dec. 1, 2025, 139 Stat. 674.)