What This Bill Does
This bill requires that religious organizations receive the same treatment as nonreligious organizations when applying for federal funding to provide social services. It also protects religious organizations' ability to maintain their religious character and practices while receiving this federal funding.
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Who It Affects
- Religious organizations applying for federal social service funding
- State and local governments that distribute federal social service funds
- Federal agencies that award social service funding
- Individuals receiving services from federally funded social service programs
- "Pass-through entities" (nonprofit organizations that receive federal money and distribute it to service providers)
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Key Provisions
- Religious organizations must be considered for federal funding on the same basis as private nonreligious organizations when providing social services (Sec. 1990A(a))
- Federal, state, and local governments cannot discriminate against religious organizations based on their religious character, affiliation, or religious exercise when selecting who receives funding (Sec. 1990A(b)(2))
- Religious organizations that receive federal funding can keep religious terms in their name, display religious symbols in their facilities, hire staff based on religious beliefs, and continue their religious mission (Sec. 1990A(c)(2))
- If someone receiving services objects to the religious character of the organization providing their services, the government must offer them alternative services of similar value within a reasonable timeframe (Sec. 1990A(d)(3))
- A religious organization's existing legal exemptions (such as exemptions from employment discrimination laws) cannot be taken away because the organization receives federal funding (Sec. 1990A(e))
- Religious organizations may segregate federal funds into separate accounts so only those accounts face federal audits, not their entire organization (Sec. 1990A(f))
- Religious organizations can sue in court and recover attorney's fees if they believe their rights under this law have been violated (Sec. 1990A(g))
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What Changes
If this law passes, religious organizations will no longer face requirements that nonreligious organizations do not face when seeking federal social service funding. Religious organizations can continue displaying religious symbols, maintaining religious names, and hiring based on religious beliefs while receiving federal money. This law also prevents state and local governments from creating rules that conflict with these protections when federal money is involved.
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Important Definitions
- **Federal financial assistance:** Money the federal government gives through grants, contracts, loans, loan guarantees, property, cooperative agreements, food items, or direct payments. (Does not include tax credits or deductions.)
- **Pass-through entity:** An organization (like a nonprofit) that receives federal money and distributes it to other organizations that provide government-funded social services.
- **Social services program:** A program run by the federal government or by states/local governments using federal money that helps reduce poverty, helps low-income families become self-sufficient, or helps people in need. This includes child care, job training, meal services, counseling, housing assistance, and many other services.
- **Covered beneficiary:** A person who applies for or receives services through a federally funded social services program.
- **Religious exercise:** Not specifically defined in this bill beyond reference to the Religious Land Use and Institutionalized Persons Act of 2000.
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 75
To ensure equal treatment for religious organizations in the Federal provision
of social services programs, grantmaking, and contracting, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 25, 2023
Mr. RUBIO (for himself, Mr. HAWLEY, Mr. SCOTT of Florida, and Mr.
LANKFORD) introduced the following bill; which was read twice and re-
ferred to the Committee on Finance
A BILL
To ensure equal treatment for religious organizations in the
Federal
provision
of
social
services
programs,
grantmaking, and contracting, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Lifting Local Commu-
4
nities Act’’.
5
SEC. 2. PURPOSES.
6
The purposes of this Act are the following:
7
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(1) To enable assistance to be provided to indi-
1
viduals and families in need in the most effective
2
manner.
3
(2) To prohibit discrimination against religious
4
organizations in receipt and administration of Fed-
5
eral financial assistance, including the provision of
6
that assistance through federally funded social serv-
7
ice programs.
8
(3) To ensure that religious organizations can
9
apply and compete for Federal financial assistance
10
on a level playing field with nonreligious organiza-
11
tions.
12
(4) To provide certainty for religious organiza-
13
tions that receipt of Federal financial assistance will
14
not obstruct or hinder their ability to organize and
15
operate in accordance with their sincerely held reli-
16
gious beliefs.
17
(5) To strengthen the social service capacity of
18
the United States by facilitating the entry of new,
19
and the expansion of existing, efforts by religious or-
20
ganizations in the administration and provision of
21
Federal financial assistance.
22
(6) To protect the religious freedom of, and
23
better serve, individuals and families in need, includ-
24
ing by expanding their ability to choose to receive
25
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federally funded social services from religious organi-
1
zations.
2
SEC. 3. PROVISION OF SERVICES FOR GOVERNMENT PRO-
3
GRAMS BY RELIGIOUS ORGANIZATIONS.
4
Title XXIV of the Revised Statutes is amended by
5
inserting after section 1990 (42 U.S.C. 1994) the fol-
6
lowing:
7
‘‘SEC. 1990A. ENSURING EQUAL TREATMENT FOR RELI-
8
GIOUS ORGANIZATIONS IN FEDERAL PROVI-
9
SION OF SOCIAL SERVICES, GRANTMAKING,
10
AND CONTRACTING.
11
‘‘(a) IN GENERAL.—For any social services program
12
carried out by the Federal Government, or by a State,
13
local government, or pass-through entity with Federal
14
funds, the entity that awards Federal financial assistance
15
shall consider religious organizations, on the same basis
16
as any other private organization, to provide services for
17
the program.
18
‘‘(b) EQUAL TREATMENT FOR RELIGIOUS ORGANIZA-
19
TIONS IN FEDERAL FINANCIAL ASSISTANCE.—
20
‘‘(1) IN
GENERAL.—A religious organization
21
shall be eligible to apply for and to receive Federal
22
financial assistance to provide services for a social
23
services program on the same basis as a private non-
24
religious organization.
25
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‘‘(2) SELECTION.—In the selection of recipients
1
for Federal financial assistance for a social services
2
program neither the Federal Government nor a
3
State, local government, or pass-through entity re-
4
ceiving funds for such program may discriminate for
5
or against a private organization on the basis of reli-
6
gion, including the organization’s religious character,
7
affiliation, or exercise.
8
‘‘(3) PROHIBITION AGAINST IMPROPER BURDEN
9
ON RELIGIOUS ORGANIZATIONS.—
10
‘‘(A) IN GENERAL.—Except in the case of
11
another applicable provision of law that requires
12
or provides for a religious exemption or accom-
13
modation that is equally or more protective of
14
a religious organization’s religious exercise, the
15
provisions of subparagraphs (B) through (E)
16
shall apply for any social services program ad-
17
ministered by the Federal Government or by a
18
State, local government, or pass-through entity.
19
‘‘(B) EQUAL TREATMENT ON ASSURANCES
20
AND NOTICES.—No document, agreement, cov-
21
enant, memorandum of understanding, policy,
22
or regulation, relating to Federal financial as-
23
sistance shall require religious organizations to
24
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provide assurances or notices that are not re-
1
quired of private nonreligious organizations.
2
‘‘(C) EQUAL
APPLICATION
OF
RESTRIC-
3
TIONS.—Any restrictions on the use of funds
4
received as Federal financial assistance shall
5
apply equally to religious and private nonreli-
6
gious organizations.
7
‘‘(D) PROGRAM
REQUIREMENTS.—All or-
8
ganizations that receive Federal financial assist-
9
ance for a social services program, including re-
10
ligious organizations, shall carry out eligible ac-
11
tivities in accordance with all program require-
12
ments, and other applicable requirements gov-
13
erning the conduct of activities funded by the
14
entity that awards Federal financial assistance.
15
‘‘(E) NO DISQUALIFICATION BASED ON RE-
16
LIGION.—No document, agreement, covenant,
17
memorandum of understanding, policy, or regu-
18
lation, relating to Federal financial assistance
19
shall—
20
‘‘(i) disqualify religious organizations
21
from applying for or receiving Federal fi-
22
nancial assistance for a social services pro-
23
gram on the basis of the organization’s re-
24
ligious character or affiliation, or grounds
25
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that discriminate against the organization
1
on the basis of the organization’s religious
2
exercise; or
3
‘‘(ii) prohibit the provision of religious
4
activities or services at the same time or
5
location as any program receiving such
6
Federal financial assistance.
7
‘‘(c) RELIGIOUS CHARACTER AND FREEDOM.—
8
‘‘(1) FREEDOM.—A religious organization that
9
applies for or receives Federal financial assistance
10
for a social services program shall retain its inde-
11
pendence from Federal, State, and local govern-
12
ments, including its autonomy, right of expression,
13
religious character or affiliation, authority over its
14
internal governance, and other aspects of independ-
15
ence.
16
‘‘(2) RELIGIOUS CHARACTER.—A religious or-
17
ganization that applies for or receives Federal finan-
18
cial assistance for a social services program may,
19
among other things—
20
‘‘(A) retain religious terms in the organiza-
21
tion’s name;
22
‘‘(B) continue to carry out the organiza-
23
tion’s mission, including the definition, develop-
24
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ment, practice, and expression of its religious
1
beliefs;
2
‘‘(C) use the organization’s facilities to
3
provide a program without concealing, remov-
4
ing, or altering religious art, icons, scriptures,
5
or other symbols from the facilities;
6
‘‘(D) select, promote, or dismiss the mem-
7
bers of the organization’s governing body and
8
the organization’s employees on the basis of
9
their acceptance of or adherence to the religious
10
tenets of the organization; and
11
‘‘(E) include religious references in the or-
12
ganization’s mission statement and other char-
13
tering or governing documents.
14
‘‘(d) RIGHTS OF COVERED BENEFICIARIES OF SERV-
15
ICES.—
16
‘‘(1) IN GENERAL.—Except as otherwise pro-
17
vided in any applicable provision of law that requires
18
or provides for a religious exemption or accommoda-
19
tion that is equally or more protective of a religious
20
organization’s religious exercise, an organization
21
that receives Federal financial assistance under a so-
22
cial services program shall not discriminate against
23
a covered beneficiary in the provision of a federally
24
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funded program on the basis of religion, a religious
1
belief, or a refusal to hold a religious belief.
2
‘‘(2) SPECIAL RULE.—It shall not be considered
3
discrimination under paragraph (1) for a program
4
funded by Federal financial assistance to refuse to
5
modify any components of the program to accommo-
6
date a covered beneficiary who participates in the or-
7
ganization’s program.
8
‘‘(3) ALTERNATIVE
SERVICES.—If a covered
9
beneficiary has an objection to the character or af-
10
filiation of the private organization from which the
11
beneficiary receives, or would receive, services as
12
part of the federally funded social services program,
13
the appropriate Federal, State, or local govern-
14
mental entity shall provide to such beneficiary (if
15
otherwise eligible for such services) within a reason-
16
able period of time after the date of such objection,
17
a referral for alternative services that—
18
‘‘(A) are reasonably accessible to the cov-
19
ered beneficiary; and
20
‘‘(B) have a substantially similar value to
21
the services that the covered beneficiary would
22
initially have received from such organization.
23
‘‘(4) DEFINITION.—In this subsection, the term
24
‘covered beneficiary’ means an individual who ap-
25
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plies for or receives services under a social services
1
program.
2
‘‘(e) RELIGIOUS EXEMPTIONS.—A religious organiza-
3
tion’s exemptions, in title VII of the Civil Rights Act of
4
1964 (42 U.S.C. 2000e et seq.) (including exemption from
5
prohibitions in employment discrimination in section
6
702(a) of that Act (42 U.S.C. 2000e–1(a))), title VIII of
7
the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.),
8
title IX of the Education Amendments of 1972 (20 U.S.C.
9
1681 et seq.), the Americans with Disabilities Act of 1990
10
(42 U.S.C. 12101 et seq.), the Religious Freedom Res-
11
toration Act (42 U.S.C. 2000bb et seq.), the Religious
12
Land Use and Institutionalized Persons Act of 2000 (42
13
U.S.C. 2000cc et seq.), or any other provision in law pro-
14
viding an exemption for a religious organization, shall not
15
be waived because of the religious organization’s participa-
16
tion in, or receipt of funds from, a social services program
17
funded with Federal financial assistance.
18
‘‘(f) LIMITED AUDIT.—
19
‘‘(1) IN
GENERAL.—A religious organization
20
providing services for a social services program using
21
Federal financial assistance may segregate Federal
22
funds and any required matching funds provided for
23
such program into a separate account or accounts.
24
Only the separate accounts consisting of Federal
25
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funds and any required matching funds shall be sub-
1
ject to audit by the Federal Government with re-
2
spect to an audit undertaken for the purposes of
3
oversight of Federal financial assistance.
4
‘‘(2) COMMINGLING OF FUNDS.—If a religious
5
organization providing services for a social services
6
program using Federal financial assistance contrib-
7
utes the organization’s own funds in addition to
8
those funds required by a matching requirement or
9
agreement to supplement Federal funds, the organi-
10
zation may segregate the organization’s own funds
11
that are not matching funds into separate accounts,
12
or commingle the organization’s own funds that are
13
not matching funds with the matching funds. If
14
those funds are commingled, the commingled funds
15
may all be subject to audit by the Federal Govern-
16
ment.
17
‘‘(g) PRIVATE RIGHT OF ACTION.—Any religious or-
18
ganization that alleges a violation of its rights under this
19
section and seeks to enforce its rights under this section—
20
‘‘(1) may bring an action in a court of com-
21
petent jurisdiction and assert that violation as a
22
claim, or assert that violation as a defense in a judi-
23
cial action; and
24
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‘‘(2) may obtain appropriate relief, including at-
1
torney’s fees, against an entity or agency that com-
2
mitted such violation.
3
‘‘(h) FEDERAL PREEMPTION OF STATE AND LOCAL
4
LAWS.—With respect to any Federal financial assistance
5
provided to a religious organization for the provision of
6
a social service program, or such assistance commingled
7
with State or local funds, no State or political subdivision
8
of a State may adopt, maintain, enforce, or continue in
9
effect any law, regulation, rule, or requirement covered by
10
the provisions of this section, or a rule, regulation, or re-
11
quirement promulgated under this section.
12
‘‘(i) CONSTRUCTION.—The provisions of this section
13
shall supersede all Federal law (including statutory and
14
other law, and policies used in the implementation of that
15
law) that is enacted or issued before the date of enactment
16
of this section. No provision of law enacted after the date
17
of the enactment of this section may be construed as lim-
18
iting, superseding, or otherwise affecting this section, ex-
19
cept to the extent that it does so by specific reference to
20
this section.
21
‘‘(j) SEVERABILITY.—If any provision of this section
22
or the application of such provision to any person or cir-
23
cumstance is held to be unconstitutional, the remainder
24
of this section and the application of the provisions of such
25
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to any person or circumstance shall not be affected there-
1
by.
2
‘‘(k) DEFINITIONS.—In this section:
3
‘‘(1) DISCRIMINATE ON THE BASIS OF AN OR-
4
GANIZATION’S RELIGIOUS EXERCISE.—
5
‘‘(A) IN
GENERAL.—The term ‘discrimi-
6
nate’, used wi
[Text truncated for display. Full text available on Congress.gov.]