,,ii #aahth ,,congress #ast ,session ,s4 #ge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #be1 #bjbc,mr4 ,rubio 7for himself1 ,mr4 ,hawley1 ,mr4 ,scott of ,florida1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to ensure equal treatment for religious organizations in the ,federal provision of social services programs1 grantmaking1 and contracting1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lifting ,local ,communities ,act4 #b4 ,purposes ,the purposes of this ,act are the following3 7#a7 ,to enable assistance to be provided to individuals and families in need in the most effective manner4 7#b7 ,to prohibit discrimination against religious organizations in receipt and administration of ,federal financial assistance1 including the provision of that assistance through federally funded social service programs4 7#c7 ,to ensure that religious organizations can apply and compete for ,federal financial assistance on a level playing field with nonreligious organizations4 7#d7 ,to provide certainty for religious organizations that receipt of ,federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs4 7#e7 ,to strengthen the social service capacity of the ,united ,states by facilitating the entry of new1 and the expansion of existing1 efforts by religious organizations in the administration and provision of ,federal financial assistance4 7#f7 ,to protect the religious freedom of1 and better serve1 individuals and families in need1 including by expanding their ability to choose to receive federally funded social services from religious organizations4 #c4 ,provision of services for government programs by religious organizations ,title ,,xxiv of the ,revised ,statutes is amended by inserting after section #aiij 7#db ,u4,s4,c4 #aiid7 the following3 #aiij;,a4 ,ensuring equal treatment for religious organizations in ,federal provision of social services1 grantmaking1 and contracting 7a7 ,in general ,for any social services program carried out by the ,federal ,government1 or by a ,state1 local government1 or pass-through entity with ,federal funds1 the entity that awards ,federal financial assistance shall consider religious organizations1 on the same basis as any other private organization1 to provide services for the program4 7b7 ,equal treatment for religious organizations in ,federal financial assistance 7#a7 ,in general ,a religious organization shall be eligible to apply for and to receive ,federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization4 7#b7 ,selection ,in the selection of recipients for ,federal financial assistance for a social services program neither the ,federal ,government nor a ,state1 local government1 or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion1 including the organization's religious character1 affiliation1 or exercise4 7#c7 ,prohibition against improper burden on religious organizations 7,a7 ,in ,general ,except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise1 the provisions of subparagraphs 7,b7 through 7,e7 shall apply for any social services program administered by the ,federal ,government or by a ,state1 local government1 or pass-through entity4 7,b7 ,equal treatment on assurances and notices ,no document1 agreement1 covenant1 memorandum of understanding1 policy1 or regulation1 relating to ,federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations4 7,c7 ,equal application of restrictions ,any restrictions on the use of funds received as ,federal financial assistance shall apply equally to religious and private nonreligious organizations4 7,d7 ,program requirements ,all organizations that receive ,federal financial assistance for a social services program1 including religious organizations1 shall carry out eligible activities in accordance with all program requirements1 and other applicable requirements governing the conduct of activities funded by the entity that awards ,federal financial assistance4 7,e7 ,no disqualification based on religion ,no document1 agreement1 covenant1 memorandum of understanding1 policy1 or regulation1 relating to ,federal financial assistance shall-- 7i7 disqualify religious organizations from applying for or receiving ,federal financial assistance for a social services program on the basis of the organization's religious character or affiliation1 or grounds that discriminate against the organization on the basis of the organization's religious exercise2 or 7ii7 prohibit the provision of religious activities or services at the same time or location as any program receiving such ,federal financial assistance4 7c7 ,religious character and freedom 7#a7 ,freedom ,a religious organization that applies for or receives ,federal financial assistance for a social services program shall retain its independence from ,federal1 ,state1 and local governments1 including its autonomy1 right of expression1 religious character or affiliation1 authority over its internal governance1 and other aspects of independence4 7#b7 ,religious character ,a religious organization that applies for or receives ,federal financial assistance for a social services program may1 among other things-- 7,a7 retain religious terms in the organization's name2 7,b7 continue to carry out the organization's mission1 including the definition1 development1 practice1 and expression of its religious beliefs2 7,c7 use the organization's facilities to provide a program without concealing1 removing1 or altering religious art1 icons1 scriptures1 or other symbols from the facilities2 7,d7 select1 promote1 or dismiss the members of the organization's governing body and the organization's employees on the basis of their acceptance of or adherence to the religious tenets of the organization2 and 7,e7 include religious references in the organization's mission statement and other chartering or governing documents4 7d7 ,rights of covered beneficiaries of services 7#a7 ,in general ,except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise1 an organization that receives ,federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion1 a religious belief1 or a refusal to hold a religious belief4 7#b7 ,special rule ,it shall not be considered discrimination under paragraph 7#a7 for a program funded by ,federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization's program4 7#c7 ,alternative services ,if a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives1 or would receive1 services as part of the federally funded social services program1 the appropriate ,federal1 ,state1 or local governmental entity shall provide to such beneficiary 7if otherwise eligible for such services7 within a reasonable period of time after the date of such objection1 a referral for alternative services that-- 7,a7 are reasonably accessible to the covered beneficiary2 and 7,b7 have a substantially similar value to the services that the covered beneficiary would initially have received from such organization4 7#d7 ,definition ,in this subsection1 the term covered beneficiary means an individual who applies for or receives services under a social services program4 7e7 ,religious exemptions ,a religious organization's exemptions1 in title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 7including exemption from prohibitions in employment discrimination in section #gjb7;a7 of that ,act 7#db ,u4,s4,c4 #bjjj;e-#a7;a7771 title ,,viii of the ,civil ,rights ,act of #aifh 7#db ,u4,s4,c4 #cfja et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,religious ,freedom ,restoration ,act 7#db ,u4,s4,c4 #bjjj;bb et seq471 the ,religious ,land ,use and ,institutionalized ,persons ,act of #bjjj 7#db ,u4,s4,c4 #bjjj;cc et seq471 or any other provision in law providing an exemption for a religious organization1 shall not be waived because of the religious organization's participation in1 or receipt of funds from1 a social services program funded with ,federal financial assistance4 7f7 ,limited audit 7#a7 ,in ,general ,a religious organization providing services for a social services program using ,federal financial assistance may segregate ,federal funds and any required matching funds provided for such program into a separate account or accounts4 ,only the separate accounts consisting of ,federal funds and any required matching funds shall be subject to audit by the ,federal ,government with respect to an audit undertaken for the purposes of oversight of ,federal financial assistance4 7#b7 ,commingling of funds ,if a religious organization providing services for a social services program using ,federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement ,federal funds1 the organization may segregate the organization's own funds that are not matching funds into separate accounts1 or commingle the organization's own funds that are not matching funds with the matching funds4 ,if those funds are commingled1 the commingled funds may all be subject to audit by the ,federal ,government4 7g7 ,private right of action ,any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section-- 7#a7 may bring an action in a court of competent jurisdiction and assert that violation as a claim1 or assert that violation as a defense in a judicial action2 and 7#b7 may obtain appropriate relief1 including attorney's fees1 against an entity or agency that committed such violation4 7h7 ,federal preemption of ,state and local laws ,with respect to any ,federal financial assistance provided to a religious organization for the provision of a social service program1 or such assistance commingled with ,state or local funds1 no ,state or political subdivision of a ,state may adopt1 maintain1 enforce1 or continue in effect any law1 regulation1 rule1 or requirement covered by the provisions of this section1 or a rule1 regulation1 or requirement promulgated under this section4 7i7 ,construction ,the provisions of this section shall supersede all ,federal law 7including statutory and other law1 and policies used in the implementation of that law7 that is enacted or issued before the date of enactment of this section4 ,no provision of law enacted after the date of the enactment of this section may be construed as limiting1 superseding1 or otherwise affecting this section1 except to the extent that it does so by specific reference to this section4 7j7 ,severability ,if any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby4 7k7 ,definitions ,in this section3 7#a7 ,discriminate on the basis of an organization's religious exercise 7,a7 ,in general ,the term discriminate1 used with respect to an organization's religious exercise1 means1 on the basis of covered conduct or motivation1 to disfavor an organization in a selection process or in oversight1 including-- 7i7 by failing to select an organization2 7ii7 by disqualifying an organization2 or 7iii7 by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization1 or has the effect of so penalizing or disfavoring an organization4 7,b7 ,covered conduct or motivation ,in this paragraph1 the term covered conduct or motivation means-- 7i7 conduct that would not be considered grounds to disfavor a nonreligious organization2 7ii7 conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the ,free ,exercise ,clause of the ,first ,amendment to the ,constitution1 the ,religious ,freedom ,restoration ,act 7#db ,u4,s4,c4 #bjjj;bb et seq471 or any other provision referenced in subsection 7e72 or 7iii7 the actual or suspected religious motivation for the organization's religious exercise4 7#b7 ,other definitions 7,a7 ,federal financial assistance ,the term ,federal financial assistance means financial assistance from the ,federal ,government that non-,federal entities receive or administer through grants1 contracts1 loans1 loan guarantees1 property1 cooperative agreements1 food commodities1 direct appropriations1 or other assistance1 but does not include a tax credit1 tax deduction1 or guaranty contract4 7,b7 ,pass-through entity ,the term pass-through entity means an entity1 including a nonprofit or nongovernmental organization1 acting under a grant1 contract1 or other agreement with the ,federal ,government or with a ,state or local government1 such as a ,state administering agency1 that accepts direct ,federal financial assistance as a primary recipient 7such as a grant recipient7 and distributes that assistance to other organizations that1 in turn1 provide government-funded social services through a social services program4 7,c7 ,program ,the term program includes the services provided through that program4 7,d7 ,religious exercise ,the term religious exercise has the meaning given the term in section #h of the ,religious ,land ,use and ,institutionalized ,persons ,act of #bjjj 7#db ,u4,s4,c4 #bjjj;cc-#e74 7,e7 ,services ,the term services1 used with respect to a social services program1 includes the provision of goods1 or of financial assistance1 under the social services program4 7,f7 ,social services program ,the term social services program-- 7i7 means a program that is administered by the ,federal ,government1 or by a ,state or local government using ,federal financial assistance1 and that provides services directed at reducing poverty1 improving opportunities for low-income children1 revitalizing low-income communities1 empowering low-income families and low-income individuals to become self-sufficient1 or otherwise helping people in need2 and 7ii7 includes a program that provides1 to people in need-- 7,i7 child care services1 protective services for children and adults1 services for children and adults in foster care1 adoption services1 services related to management and maintenance of the home1 day care services for adults1 and services to meet the special needs of children1 older individuals1 and individuals with disabilities2 7,,ii7 transportation services2 7,,iii7 job training and related services1 and employment services2 7,,iv7 information1 referral1 and counseling services2 7,v7 the preparation and delivery of meals1 nutrition services1 and services related to soup kitchens or food banks2 7,,vi7 health support services2 7,,vii7 literacy and mentoring services2 7,,viii7 services for the prevention and treatment of juvenile delinquency and substance abuse1 services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders1 and services related to intervention in1 and prevention of1 domestic violence2 or 7,,ix7 services related to the provision of assistance for housing under ,federal law4 4