S 75 — Lifting Local Communities Act

Summary

Lifting Local Communities Act This bill specifies that government entities may not discriminate against religious organizations when awarding federal funds for social services programs (i.e., government programs that provide services for low-income individuals and communities, such as child care, transportation, employment, housing, and meal services). Specifically, religious organizations are eligible to apply for and receive federal funds to provide services for social services programs on the same basis as private, nonreligious organizations. Additionally, government entities may not discriminate against private organizations on the basis of religion when selecting funding recipients. Organizations that receive federal funds for social services programs may not discriminate against individuals on the basis of religion when providing services. If an individual objects to the character or affiliation of a private organization that is providing a service as part of a social services program, government entities must provide the individual with reasonable alternatives. Religious organizations may bring civil actions against entities for violations.

Bill Text

• Introduced Introduced in Senate Current html January 25, 2023

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a new section ensuring equal treatment for religious organizations in federal social services, amending current law on how federal financial assistance is granted and managed.

• Title XXIV of the Revised Statutes

  SEC. 1990A. ENSURING EQUAL TREATMENT FOR RELIGIOUS ORGANIZATIONS IN FEDERAL PROVISION OF SOCIAL SERVICES, GRANTMAKING, AND CONTRACTING.

  Adds a new section that guarantees equal treatment for religious organizations in federal social services programs.

• Title XXIV of the Revised Statutes

  (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.

  Mandates that religious organizations be considered equally alongside nonreligious organizations for federal social services programs.

• Title XXIV of the Revised Statutes

  (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.

  Allows religious organizations to apply for and receive federal financial assistance on the same terms as nonreligious organizations.

• Title XXIV of the Revised Statutes

  (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.

  Prohibits discrimination in selection based on the religious status of organizations applying for federal assistance.

• Title XXIV of the Revised Statutes

  (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.

  Affirms the autonomy of religious organizations receiving federal funds, ensuring they can operate according to their religious beliefs.

• Title XXIV of the Revised Statutes

  (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.), 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.

  Clarifies that participation in federal social services does not waive a religious organization's existing legal exemptions.

• Title XXIV of the Revised Statutes

  (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 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 may obtain appropriate relief, including attorney's fees, against an entity or agency that committed such violation.

  Provides religious organizations with the right to take legal action if their rights under this new section are violated.

• Title XXIV of the Revised Statutes

  (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.

  Establishes that state and local laws cannot contradict or interfere with federal provisions regarding assistance to religious organizations.

Action History

1. January 25, 2023

   Introduced in Senate

2. January 25, 2023

   Read twice and referred to the Committee on Finance.

Sponsors

• Marco Rubio · Primary

Subjects