[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2908 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2908
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
September 18 (legislative day, September 16), 2025
Mr. Scott of Florida (for himself, Mr. Lankford, and Mr. Scott of South
Carolina) introduced the following bill; 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 programs, grantmaking, and contracting,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifting Local Communities Act''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To enable assistance to be provided to individuals and
families in need in the most effective manner.
(2) To prohibit discrimination against religious
organizations in receipt and administration of Federal
financial assistance, including the provision of that
assistance through federally funded social service programs.
(3) To ensure that religious organizations can apply and
compete for Federal financial assistance on a level playing
field with nonreligious organizations.
(4) 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 beliefs.
(5) To strengthen the social service capacity of the United
States by facilitating the entry of new, and the expansion of
existing, efforts by religious organizations in the
administration and provision of Federal financial assistance.
(6) To protect the religious freedom of, and better serve,
individuals and families in need, including by expanding their
ability to choose to receive federally funded social services
from religious organizations.
SEC. 3. PROVISION OF SERVICES FOR GOVERNMENT PROGRAMS BY RELIGIOUS
ORGANIZATIONS.
Title XXIV of the Revised Statutes is amended by inserting after
section 1990 (42 U.S.C. 1994) the following:
``SEC. 1990A. ENSURING EQUAL TREATMENT FOR RELIGIOUS ORGANIZATIONS IN
FEDERAL PROVISION OF SOCIAL SERVICES, GRANTMAKING, AND
CONTRACTING.
``(a) In General.--For any social services program carried out by
the Federal Government, or by a State, local government, or pass-
through entity with Federal funds, the entity that awards Federal
financial assistance shall consider religious organizations, on the
same basis as any other private organization, to provide services for
the program.
``(b) Equal Treatment for Religious Organizations in Federal
Financial Assistance.--
``(1) 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 organization.
``(2) Selection.--In the selection of recipients for
Federal financial assistance for a social services program
neither the Federal Government nor a State, local government,
or pass-through entity receiving funds for such program may
discriminate for or against a private organization on the basis
of religion, including the organization's religious character,
affiliation, or exercise.
``(3) Prohibition against improper burden on religious
organizations.--
``(A) 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 exercise, the provisions of
subparagraphs (B) through (E) shall apply for any
social services program administered by the Federal
Government or by a State, local government, or pass-
through entity.
``(B) Equal treatment on assurances and notices.--
No document, agreement, covenant, memorandum of
understanding, policy, or regulation, relating to
Federal financial assistance shall require religious
organizations to provide assurances or notices that are
not required of private nonreligious organizations.
``(C) Equal application of restrictions.--Any
restrictions on the use of funds received as Federal
financial assistance shall apply equally to religious
and private nonreligious organizations.
``(D) Program requirements.--All organizations that
receive Federal financial assistance for a social
services program, including religious organizations,
shall carry out eligible activities in accordance with
all program requirements, and other applicable
requirements governing the conduct of activities funded
by the entity that awards Federal financial assistance.
``(E) No disqualification based on religion.--No
document, agreement, covenant, memorandum of
understanding, policy, or regulation, relating to
Federal financial assistance shall--
``(i) 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 affiliation, or grounds
that discriminate against the organization on
the basis of the organization's religious
exercise; or
``(ii) prohibit the provision of religious
activities or services at the same time or
location as any program receiving such Federal
financial assistance.
``(c) Religious Character and Freedom.--
``(1) Freedom.--A religious organization that applies for
or receives Federal financial assistance for a social services
program shall retain its independence from Federal, State, and
local governments, including its autonomy, right of expression,
religious character or affiliation, authority over its internal
governance, and other aspects of independence.
``(2) Religious character.--A religious organization that
applies for or receives Federal financial assistance for a
social services program may, among other things--
``(A) retain religious terms in the organization's
name;
``(B) continue to carry out the organization's
mission, including the definition, development,
practice, and expression of its religious beliefs;
``(C) use the organization's facilities to provide
a program without concealing, removing, or altering
religious art, icons, scriptures, or other symbols from
the facilities;
``(D) select, promote, 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 organization; and
``(E) include religious references in the
organization's mission statement and other chartering
or governing documents.
``(d) Rights of Covered Beneficiaries of Services.--
``(1) 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 exercise, 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 religion, a religious belief, or a
refusal to hold a religious belief.
``(2) Special rule.--It shall not be considered
discrimination under paragraph (1) 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 program.
``(3) Alternative services.--If a covered beneficiary has
an objection to the character or affiliation of the private
organization from which the beneficiary receives, or would
receive, services as part of the federally funded social
services program, the appropriate Federal, State, or local
governmental entity shall provide to such beneficiary (if
otherwise eligible for such services) within a reasonable
period of time after the date of such objection, a referral for
alternative services that--
``(A) are reasonably accessible to the covered
beneficiary; and
``(B) have a substantially similar value to the
services that the covered beneficiary would initially
have received from such organization.
``(4) Definition.--In this subsection, the term `covered
beneficiary' means an individual who applies for or receives
services under a social services program.
``(e) Religious Exemptions.--A religious organization's exemptions,
in title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
(including exemption from prohibitions in employment discrimination in
section 702(a) of that Act (42 U.S.C. 2000e-1(a))), title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Religious
Freedom Restoration Act (42 U.S.C. 2000bb et seq.), the Religious Land
Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc et
seq.), or any other provision in law providing an exemption for a
religious organization, shall not be waived because of the religious
organization's participation in, or receipt of funds from, a social
services program funded with Federal financial assistance.
``(f) Limited Audit.--
``(1) 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 accounts. 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
assistance.
``(2) 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 funds, the organization may
segregate the organization's own funds that are not matching
funds into separate accounts, or commingle the organization's
own funds that are not matching funds with the matching funds.
If those funds are commingled, the commingled funds may all be
subject to audit by the Federal Government.
``(g) 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--
``(1) may bring an action in a court of competent
jurisdiction and assert that violation as a claim, or assert
that violation as a defense in a judicial action; and
``(2) may obtain appropriate relief, including attorney's
fees, against an entity or agency that committed such
violation.
``(h) 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 program, or such assistance
commingled with State or local funds, no State or political subdivision
of a State may adopt, maintain, enforce, or continue in effect any law,
regulation, rule, or requirement covered by the provisions of this
section, or a rule, regulation, or requirement promulgated under this
section.
``(i) Construction.--The provisions of this section shall supersede
all Federal law (including statutory and other law, and policies used
in the implementation of that law) that is enacted or issued before the
date of enactment of this section. No provision of law enacted after
the date of the enactment of this section may be construed as limiting,
superseding, or otherwise affecting this section, except to the extent
that it does so by specific reference to this section.
``(j) Severability.--If any provision of this section or the
application of such provision to any person or circumstance is held to
be unconstitutional, the remainder of this section and the application
of the provisions of such to any person or circumstance shall not be
affected thereby.
``(k) Definitions.--In this section:
``(1) Discriminate on the basis of an organization's
religious exercise.--
``(A) In general.--The term `discriminate', used
with respect to an organization's religious exercise,
means, on the basis of covered conduct or motivation,
to disfavor an organization in a selection process or
in oversight, including--
``(i) by failing to select an organization;
``(ii) by disqualifying an organization; or
``(iii) by imposing any condition or
selection criterion that penalizes or otherwise
disfavors an organization, or has the effect of
so penalizing or disfavoring an organization.
``(B) Covered conduct or motivation.--In this
paragraph, the term `covered conduct or motivation'
means--
``(i) conduct that would not be considered
grounds to disfavor a nonreligious
organization;
``(ii) 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 Constitution, the Religious Freedom
Restoration Act (42 U.S.C. 2000bb et seq.), or
any other provision referenced in subsection
(e); or
``(iii) the actual or suspected religious
motivation for the organization's religious
exercise.
``(2) Other definitions.--
``(A) Federal financial assistance.--The term
`Federal financial assistance' means financial
assistance from the Federal Government that non-Federal
entities receive or administer through grants,
contracts, loans, loan guarantees, property,
cooperative agreements, food commodities, direct
appropriations, or other assistance, but does not
include a tax credit, tax deduction, or guaranty
contract.
``(B) Pass-through entity.--The term `pass-through
entity' means an entity, including a nonprofit or
nongovernmental organization, acting under a grant,
contract, or other agreement with the Federal
Government or with a State or local government, such as
a State administering agency, that accepts direct
Federal financial assistance as a primary recipient
(such as a grant recipient) and distributes that
assistance to other organizations that, in turn,
provide government-funded social services through a
social services program.
``(C) Program.--The term `program' includes the
services provided through that program.
``(D) Religious exercise.--The term `religious
exercise' has the meaning given the term in section 8
of the Religious Land Use and Institutionalized Persons
Act of 2000 (42 U.S.C. 2000cc-5).
``(E) Services.--The term `services', used with
respect to a social services program, includes the
provision of goods, or of financial assistance, under
the social services program.
``(F) Social services program.--The term `social
services program'--
``(i) means a program that is administered
by the Federal Government, or by a State or
local government using Federal financial
assistance, and that provides services directed
at reducing poverty, improving opportunities
for low-income children, revitalizing low-
income communities, empowering low-income
families and low-income individuals to become
self-sufficient, or otherwise helping people in
need; and
``(ii) includes a program that provides, to
people in need--
``(I) child care services,
protective services for children and
adults, services for children and
adults in foster care, adoption
services, services related to
management and maintenance of the home,
day care services for adults, and
services to meet the special needs of
children, older individuals, and
individuals with disabilities;
``(II) transportation services;
``(III) job training and related
services, and employment services;
``(IV) information, referral, and
counseling services;
``(V) the preparation and delivery
of meals, nutrition services, and
services related to soup kitchens or
food banks;
``(VI) health support services;
``(VII) literacy and mentoring
services;
``(VIII) services for the
prevention and treatment of juvenile
delinquency and substance abuse,
services for the prevention of crime
and the provision of assistance to the
victims and families of criminal
offenders, and services related to
intervention in, and prevention of,
domestic violence; or
``(IX) services related to the
provision of assistance for housing
under Federal law.''.
<all>