Charitable Choice Expansion Act of 1999 - Requires the Federal Government, or a State or local government receiving Federal funds, when authorized to use a nongovernmental organization to provide assistance to beneficiaries under a program, to consider religious organizations on the same basis as other nongovernmental organizations to provide such assistance, so long as the program is implemented in a manner consistent with the Establishment Clause of the Constitution. Excepts from such requirement activities carried out under: (1) Federal programs providing education to children eligible to attend elementary or secondary schools (except for activities to assist students in obtaining the recognized equivalents of secondary school diplomas); (2) the Higher Education Act of 1965; (3) the Head Start Act; and (4) the Child Care and Development Block Grant Act of 1990.
Declares that a religious organization that provides assistance under such a program shall retain its independence from Federal, State, and local governments and shall not be required to alter its form of internal governance or remove religious art, icons, scripture, or other symbols.
Authorizes an organization to require its employees providing such assistance to adhere to its religious beliefs, including nonuse of alcohol and drugs.
States that the employment practices exemption of a religious organization under title VII of the Civil Rights Act of 1964 shall not be affected by the provision of assistance or the receipt of funds under this Act.
Requires the appropriate governmental entity, if a beneficiary or applicant for assistance under such a program has an objection to the religious character of the organization providing the assistance, to provide such assistance through an alternative organization. Requires the governmental entity to ensure that notice is provided to beneficiaries and applicants of the right to make such objection.
Prohibits a religious organization from discriminating against a beneficiary or applicant in rendering assistance based on religion or religious belief.
Requires any religious organization providing assistance under such a program to segregate government funds provided under such program into a separate account. Subjects only such funds to audit by the government.
Authorizes civil actions by parties alleging that their rights under this Act have been violated by the Federal Government or by a State or local government.
Prohibits any funds provided through a grant or contract to a religious organization to provide assistance under any such program from being expended for sectarian worship, instruction, or proselytization.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1113 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1113
To amend title XXIV of the Revised Statutes, relating to civil rights,
to prohibit discrimination against nongovernmental organizations and
certain individuals on the basis of religion in the distribution of
government funds to provide government assistance and the distribution
of the assistance, to allow the organizations to accept the funds to
provide the assistance to the individuals without impairing the
religious character of the organizations or the religious freedom of
the individuals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 1999
Mr. Ashcroft introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To amend title XXIV of the Revised Statutes, relating to civil rights,
to prohibit discrimination against nongovernmental organizations and
certain individuals on the basis of religion in the distribution of
government funds to provide government assistance and the distribution
of the assistance, to allow the organizations to accept the funds to
provide the assistance to the individuals without impairing the
religious character of the organizations or the religious freedom of
the individuals, 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. PROVISION OF ASSISTANCE UNDER 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. 1994A. CHARITABLE CHOICE.
``(a) Short Title.--This section may be cited as the `Charitable
Choice Expansion Act of 1999'.
``(b) Purpose.--The purposes of this section are--
``(1) to prohibit discrimination against nongovernmental
organizations and certain individuals on the basis of religion
in the distribution of government funds to provide government
assistance and distribution of the assistance, under government
programs described in subsection (c); and
``(2) to allow the organizations to accept the funds to
provide the assistance to the individuals without impairing the
religious character of the organizations or the religious
freedom of the individuals.
``(c) Religious Organizations Included as Nongovernmental
Providers.--For any program carried out by the Federal Government, or
by a State or local government with Federal funds, in which the
Federal, State, or local government is authorized to use
nongovernmental organizations, through contracts, grants, certificates,
vouchers, or other forms of disbursement, to provide assistance to
beneficiaries under the program, the government shall consider, on the
same basis as other nongovernmental organizations, religious
organizations to provide the assistance under the program, so long as
the program is implemented in a manner consistent with the
Establishment Clause of the first amendment to the Constitution.
Neither the Federal Government nor a State or local government
receiving funds under such program shall discriminate against an
organization that provides assistance under, or applies to provide
assistance under, such program, on the basis that the organization has
a religious character.
``(d) Exclusions.--As used in subsection (c), the term `program'
does not include activities carried out under--
``(1) Federal programs providing education to children
eligible to attend elementary schools or secondary schools, as
defined in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801) (except for activities
to assist students in obtaining the recognized equivalents of
secondary school diplomas);
``(2) the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.);
``(3) the Head Start Act (42 U.S.C. 9831 et seq.); or
``(4) the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.).
``(e) Religious Character and Independence.--
``(1) In general.--A religious organization that provides
assistance under a program described in subsection (c) shall
retain its independence from Federal, State, and local
governments, including such organization's control over the
definition, development, practice, and expression of its
religious beliefs.
``(2) Additional safeguards.--Neither the Federal
Government nor a State or local government shall require a
religious organization--
``(A) to alter its form of internal governance; or
``(B) to remove religious art, icons, scripture, or
other symbols;
in order to be eligible to provide assistance under a program
described in subsection (c).
``(f) Employment Practices.--
``(1) Tenets and teachings.--A religious organization that
provides assistance under a program described in subsection (c)
may require that its employees providing assistance under such
program adhere to the religious tenets and teachings of such
organization, and such organization may require that those
employees adhere to rules forbidding the use of drugs or
alcohol.
``(2) Title vii exemption.--The exemption of a religious
organization provided under section 702 or 703(e)(2) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-1, 2000e-2(e)(2))
regarding employment practices shall not be affected by the
religious organization's provision of assistance under, or
receipt of funds from, a program described in subsection (c).
``(g) Rights of Beneficiaries of Assistance.--
``(1) In general.--If an individual described in paragraph
(3) has an objection to the religious character of the
organization from which the individual receives, or would
receive, assistance funded under any program described in
subsection (c), the appropriate Federal, State, or local
governmental entity shall provide to such individual (if
otherwise eligible for such assistance) within a reasonable
period of time after the date of such objection, assistance
that--
``(A) is from an alternative organization that is
accessible to the individual; and
``(B) has a value that is not less than the value
of the assistance that the individual would have
received from such organization.
``(2) Notice.--The appropriate Federal, State, or local
governmental entity shall ensure that notice is provided to
individuals described in paragraph (3) of the rights of such
individuals under this section.
``(3) Individual described.--An individual described in
this paragraph is an individual who receives or applies for
assistance under a program described in subsection (c).
``(h) Nondiscrimination Against Beneficiaries.--
``(1) Grants and contracts.--A religious organization
providing assistance through a grant or contract under a
program described in subsection (c) shall not discriminate, in
carrying out the program, against an individual described in
subsection (g)(3) on the basis of religion, a religious belief,
a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice.
``(2) Indirect forms of disbursement.--A religious
organization providing assistance through a voucher,
certificate, or other form of indirect disbursement under a
program described in subsection (c) shall not deny an
individual described in subsection (g)(3) admission into such
program on the basis of religion, a religious belief, or a
refusal to hold a religious belief.
``(i) Fiscal Accountability.--
``(1) In general.--Except as provided in paragraph (2), any
religious organization providing assistance under any program
described in subsection (c) shall be subject to the same
regulations as other nongovernmental organizations to account
in accord with generally accepted accounting principles for the
use of such funds provided under such program.
``(2) Limited audit.--Such organization shall segregate
government funds provided under such program into a separate
account. Only the government funds shall be subject to audit by
the government.
``(j) Compliance.--A party alleging that the rights of the party
under this section have been violated by a State or local government
may bring a civil action pursuant to section 1979 against the official
or government agency that has allegedly committed such violation. A
party alleging that the rights of the party under this section have
been violated by the Federal Government may bring a civil action for
appropriate relief in an appropriate Federal district court against the
official or government agency that has allegedly committed such
violation.
``(k) Limitations on Use of Funds for Certain Purposes.--No funds
provided through a grant or contract to a religious organization to
provide assistance under any program described in subsection (c) shall
be expended for sectarian worship, instruction, or proselytization.
``(l) Effect on State and Local Funds.--If a State or local
government contributes State or local funds to carry out a program
described in subsection (c), the State or local government may
segregate the State or local funds from the Federal funds provided to
carry out the program or may commingle the State or local funds with
the Federal funds. If the State or local government commingles the
State or local funds, the provisions of this section shall apply to the
commingled funds in the same manner, and to the same extent, as the
provisions apply to the Federal funds.
``(m) Treatment of Intermediate Contractors.--If a nongovernmental
organization (referred to in this subsection as an `intermediate
organization'), acting under a contract or other agreement with the
Federal Government or a State or local government, is given the
authority under the contract or agreement to select nongovernmental
organizations to provide assistance under the programs described in
subsection (c), the intermediate organization shall have the same
duties under this section as the government but shall retain all other
rights of a nongovernmental organization under this section.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5954-5955)
Read twice and referred to the Committee on Governmental Affairs.
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