119-s2908

[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.''.
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