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42 U.S.C. § 9920 — Operational rule
Federal law — U.S. Code and appendices · legal_authorities
**(a) Religious organizations included as nongovernmental providers** 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) Religious character and independence**
(1) **In general** — 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) **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, except (for purposes of administration of the community services block grant program) as provided in [section 9910 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9910&num=0&edition=prelim); or
(B) to remove religious art, icons, scripture, or other symbols;
in order to be eligible to provide assistance under a program described in subsection (a).
(3) **Employment practices** — A religious organization’s exemption provided under [section 2000e–1 of this title](https://uscode.house.gov/view.xhtml?req=gran
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Stable record: federal_law:legal_authorities:record_usc_fb6d975664db556c4eccae73
Source file: Laws/federal/codes/united-states-code/title-42/section-9920-operational-rule--5f98cb6680.md
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Passage SHA-256: a55b61eb5ab3e1704da99725ab367fadd7fb4a16d609c56bc23e0f08badc9d17
Source location: Title 42, Chapter 106, § 9920; chapter-106-community-services-block-grant-program.md
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**(a) Religious organizations included as nongovernmental providers** 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) Religious character and independence**
(1) **In general** — 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) **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, except (for purposes of administration of the community services block grant program) as provided in [section 9910 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9910&num=0&edition=prelim); or
(B) to remove religious art, icons, scripture, or other symbols;
in order to be eligible to provide assistance under a program described in subsection (a).
(3) **Employment practices** — A religious organization’s exemption provided under [section 2000e–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-1&num=0&edition=prelim) regarding employment practices shall not be affected by its participation in, or receipt of funds from, programs described in subsection (a).
**(c) Limitations on use of funds for certain purposes** 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) Fiscal accountability**
(1) **In general** — 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) **Limited audit** — 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) Treatment of eligible entities and other intermediate organizations** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of lead agency**
(1) **Designation** — The chief executive officer of a State desiring to receive a grant or allotment under section 9905 or 9906 of this title shall designate, in an application submitted to the Secretary under subsection (b), an appropriate State agency that complies with the requirements of paragraph (2) to act as a lead agency for purposes of carrying out State activities under this chapter.
(2) **Duties** — The lead agency shall—
(A) develop the State plan to be submitted to the Secretary under subsection (b);
(B) in conjunction with the development of the State plan as required under subsection (b), hold at least one hearing in the State with sufficient time and statewide distribution of notice of such hearing, to provide to the public an opportunity to comment on the proposed use and distribution of funds to be provided through the grant or allotment under section 9905 or 9906 of this title for the period covered by the State plan; and
(C) conduct reviews of eligible entities under [section 9914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9914&num=0&edition=prelim).
(3) **Legislative hearing** — In order to be eligible to receive a grant or allotment under section 9905 or 9906 of this title, the State shall hold at least one legislative hearing every 3 years in conjunction with the development of the State plan.
**(b) State application and plan** Beginning with fiscal year 2000, to be eligible to receive a grant or allotment under section 9905 or 9906 of this title, a State shall prepare and submit to the Secretary an application and State plan covering a period of not less than 1 fiscal year and not more than 2 fiscal years. The plan shall be submitted not later than 30
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9908
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Private nonprofit entities**
(1) **Board** — In order for a private, nonprofit entity to be considered to be an eligible entity for purposes of [section 9902(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9902/1&num=0&edition=prelim), the entity shall administer the community services block grant program through a tripartite board described in paragraph (2) that fully participates in the development, planning, implementation, and evaluation of the program to serve low-income communities.
(2) **Selection and composition of board** — The members of the board referred to in paragraph (1) shall be selected by the entity and the board shall be composed so as to assure that—
(A) ⅓ of the members of the board are elected public officials, holding office on the date of selection, or their representatives, except that if the number of such elected officials reasonably available and willing to serve on the board is less than ⅓ of the membership of the board, membership on the board of appointive public officials or their representatives may be counted in meeting such ⅓ requirement;
(B)
(i) not fewer than ⅓ of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members are representative of low-income individuals and families in the neighborhood served; and
(ii) each representative of low-income individuals and families selected to represent a specific neighborhood within a community under clause (i) resides in the neighborhood represented by the member; and
(C) the remainder of the members are officials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served.
**(b)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9910
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Eligible entity; family literacy services**
(A) *Eligible entity* — The term “eligible entity” means an entity—
(i) that is an eligible entity described in paragraph (1) (as in effect on the day before October 27, 1998) as of the day before October 27, 1998, or is designated by the process described in [section 9909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9909&num=0&edition=prelim) (including an organization serving migrant or seasonal farmworkers that is so described or designated); and
(ii) that has a tripartite board or other mechanism described in subsection (a) or (b), as appropriate, of [section 9910 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9910&num=0&edition=prelim).
(B) *Family literacy services* — The term “family literacy services” has the meaning given the term in [section 9832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9832&num=0&edition=prelim).
(2) **Poverty line** — The term “poverty line” means the official poverty line defined by the Office of Management and Budget based on the most recent data available from the Bureau of the Census. The Secretary shall revise annually (or at any shorter interval the Secretary determines to be feasible and desirable) the poverty line, which shall be used as a criterion of eligibility in the community services block grant program established under this chapter. The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. Whenever a State
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9902
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Federal law — U.S. Code and appendices · legal_authorities
Page 7962
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9919
(2) Action of Secretary
Whenever the Secretary determines that a
State that has received a payment under this
chapter has failed to comply with paragraph
(1) or an applicable regulation, the Secretary
shall notify the chief executive officer of the
State and shall request that the officer secure
compliance. If within a reasonable period of
time, not to exceed 60 days, the chief execu-
tive officer fails or refuses to secure compli-
ance, the Secretary is authorized to—
(A) refer the matter to the Attorney Gen-
eral with a recommendation that an appro-
priate civil action be instituted;
(B) exercise the powers and functions pro-
vided by title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), the Age Dis-
crimination Act of 1975 (42 U.S.C. 6101 et
seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), or title II of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C.
12131 et seq.), as may be applicable; or
(C) take such other action as may be pro-
vided by law.
(3) Action of Attorney General
When a matter is referred to the Attorney
General pursuant to paragraph (2), or when-
ever the Attorney General has reason to be-
lieve that the State is engaged in a pattern or
practice of discrimination in violation of the
provisions of this subsection, the Attorney
General may bring a civil action in any appro-
priate United States district court for such re-
lief as may be appropriate, including injunc-
tive relief.
(Pub. L. 97–35, title VI, § 678F, as added Pub. L.
105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2747.)
Editorial Notes
REFERENCES IN TEXT
The Age Discrimination Act of 1975, referred to in
subsec. (c)(1), (2)(B), is title III of Pub. L. 94–135, Nov.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9920
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