Faith-Based Drug Treatment Enhancement Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse.
Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols.
Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction.
Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated.
Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds.
Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 289 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 289
To amend the Public Health Service Act to permit faith-based substance
abuse treatment centers to receive Federal assistance, to permit
individuals receiving Federal drug treatment assistance to select
private and religiously oriented treatment, and to protect the rights
of individuals from being required to receive religiously oriented
treatment.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 1999
Mr. Abraham (for himself, Mr. Coverdell, Mr. Hutchinson, and Mr.
Sessions) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to permit faith-based substance
abuse treatment centers to receive Federal assistance, to permit
individuals receiving Federal drug treatment assistance to select
private and religiously oriented treatment, and to protect the rights
of individuals from being required to receive religiously oriented
treatment.
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 ``Faith-Based Drug Treatment
Enhancement Act''.
SEC. 2. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES PROVIDED
THROUGH RELIGIOUS ORGANIZATIONS.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by adding at the end the following:
``Part G--Services Provided Through Religious Organizations
``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS.
``(a) Designated Programs.--Subject to subsection (b), this part
applies to each program under this Act that makes awards of Federal
financial assistance to public or private entities for the purpose of
carrying out activities to prevent or treat substance abuse (in this
part referred to as a `designated program'). Designated programs
include the program under subpart II of part B of title XIX (relating
to formula grants to the States).
``(b) Limitation.--This part does not apply to any award of Federal
financial assistance under a designated program for a purpose other
than the purpose specified in subsection (a).
``(c) Definitions.--For purposes of this part (and subject to
subsection (b)):
``(1) Designated award recipient.--The term `designated
award recipient' means a public or private entity that has
received an award under a designated program (whether the award
is a designated direct award or a designated subaward).
``(2) Designated direct award.--The term `designated direct
award' means an award under a designated program that is
received directly from the Federal Government.
``(3) Designated subaward.--The term `designated subaward'
means an award of financial assistance made by a non-Federal
entity, which award consists in whole or in part of Federal
financial assistance provided through an award under a
designated program.
``(4) Designated program.--The term `designated program'
has the meaning given such term in subsection (a).
``(5) Financial assistance.--The term `financial
assistance' means a grant, cooperative agreement, contract, or
voucherized assistance.
``(6) Program beneficiary.--The term `program beneficiary'
means an individual who receives program services.
``(7) Program participant.--The term `program participant'
has the meaning given such term in section 582(a)(2).
``(8) Program services.--The term `program services' means
treatment for substance abuse, or preventive services regarding
such abuse, provided pursuant to an award under a designated
program.
``(9) Religious organization.--The term `religious
organization' means a nonprofit religious organization.
``(10) Voucherized assistance.--The term `voucherized
assistance' means--
``(A) a system of selecting and reimbursing program
services in which--
``(i) the beneficiary is given a document
or other authorization that may be used to pay
for program services;
``(ii) the beneficiary chooses the
organization that will provide services to him
or her according to rules specified by the
designated award recipient; and
``(iii) the organization selected by the
beneficiary is reimbursed by the designated
award recipient for program services provided;
or
``(B) any other mode of financial assistance to pay
for program services in which the program beneficiary
determines the allocation of program funds through his
or her selection of one service provider from among
alternatives.
``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS.
``(a) In General.--
``(1) Scope of authority.--Notwithstanding any other
provision of law, a religious organization--
``(A) may be a designated award recipient;
``(B) may make designated subawards to other public
or nonprofit private entities (including other
religious organizations);
``(C) may provide for the provision of program
services to program beneficiaries through the use of
voucherized assistance; and
``(D) may be a provider of services under a
designated program, including a provider that accepts
voucherized assistance.
``(2) Definition of program participant.--For purposes of
this part, the term `program participant' means a public or
private entity that has received a designated direct award, or
a designated subaward, regardless of whether the entity
provides program services. Such term includes an entity whose
only participation in a designated program is to provide
program services pursuant to the acceptance of voucherized assistance.
``(b) Religious Organizations.--The purpose of this section is to
allow religious organizations to be program participants on the same
basis as any other nonprofit private provider without impairing the
religious character of such organizations, and without diminishing the
religious freedom of program beneficiaries.
``(c) Nondiscrimination Against Religious Organizations.--
``(1) Findings.--The Congress finds that the establishment
clause of the first amendment to the Constitution of the United
States does not require that--
``(A) social-welfare programs discriminate against
faith-based providers of services; or
``(B) faith-based providers of services, as a
prerequisite to participation in Federal programs,
abandon their religious character and censor their
religious expression.
``(2) Nondiscrimination.--Religious organizations are
eligible to be program participants on the same basis as any
other nonprofit private organization. Neither the Federal
Government nor a State receiving funds under such programs
shall discriminate against an organization that is or applies
to be a program participant on the basis that the organization
has a religious character.
``(d) Religious Character and Freedom.--
``(1) Religious organizations.--Except as provided in this
section, any religious organization that is a program
participant shall retain its independence from Federal, State,
and local government, 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 shall require a religious organization
to--
``(A) alter its form of internal governance; or
``(B) remove religious art, icons, scripture, or
other symbols;
in order to be a program participant.
``(e) Nondiscrimination in Employment.--
``(1) In general.--Except as provided in paragraph (2),
nothing in this section shall be construed to modify or affect
the provisions of any other Federal or State law or regulation
that relates to discrimination in employment on the basis of
religion.
``(2) Exception.--A religious organization that is a
program participant may require that an employee rendering
program services adhere to--
``(A) the religious beliefs and practices of such
organization; and
``(B) any rules of the organization regarding the
use of drugs or alcohol.
``(f) Rights of Program Beneficiaries.--
``(1) Objections regarding religious organizations.--With
respect to an individual who is a program beneficiary or a
prospective program beneficiary, if the individual objects to a
program participant on the basis that the participant is a
religious organization, the following applies:
``(A) If the organization received a designated
direct award, the organization shall arrange for the
individual to receive program services through an
alternative entity.
``(B) If the organization received a designated
subaward, the non-Federal entity that made the subaward
shall arrange for the individual to receive the program
services through an alternative program participant.
``(C) If the organization is providing services
pursuant to voucherized assistance, the designated
award recipient that operates the voucherized
assistance program shall arrange for the individual to
receive the program services through an alternative
provider.
``(D) Arrangements under any of subparagraphs (A)
through (C) with an alternative entity shall provide
for program services the monetary value of which is not
less than the monetary value of the program services
that the individual would have received from the
religious organization involved.
``(2) Nondiscrimination.--
``(A) In general.--Except as provided in
subparagraph (B) or as otherwise provided in law, a
religious organization that is a program participant
shall not in providing program services discriminate
against a program beneficiary on the basis of religion
or religious belief.
``(B) Limitation.--A religious organization that is
a program participant may require a program beneficiary
who has elected in accordance with paragraph (1) to
receive program services from such organization--
``(i) to actively participate in religious
practice, worship, and instruction; and
``(ii) to follow rules of behavior devised
by the organizations that are religious in
content or origin.
``(g) Fiscal Accountability.--
``(1) In general.--Except as provided in paragraph (2), any
religious organization that is a program participant shall be
subject to the same regulations as other recipients of awards
of Federal financial assistance to account, in accordance with
generally accepted auditing principles, for the use of the
funds provided under such awards.
``(2) Limited audit.--With respect to the award involved,
if a religious organization that is a program participant
maintains the Federal funds in a separate account from non-
Federal funds, then only the Federal funds shall be subject to
audit.
``(h) Compliance.--With respect to compliance with this section by
an agency, a religious organization may obtain judicial review of
agency action in accordance with chapter 7 of title 5, United States
Code.
``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.
``(a) In General.--Except as provided in subsection (b), no funds
provided directly to an entity under a designated program shall be
expended for sectarian worship or instruction.
``(b) Exception.--Subsection (a) shall not apply to assistance
provided to or on behalf of a program beneficiary if the beneficiary
may choose where such assistance is redeemed or allocated.
``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS.
``(a) Funds Not Aid to Institutions.--Financial assistance under a
designated program provided to or on behalf of program beneficiaries is
aid to the beneficiary, not to the organization providing program
services. The receipt by a program beneficiary of program services at
the facilities of the organization shall not constitute Federal
financial assistance to the organization involved.
``(b) Prohibition on State Discrimination in Use of Funds.--No
provision in any State constitution or State law shall be construed to
prohibit the expenditure of Federal funds under a designated program in
a religious facility or by a religious organization that is a program
participant. If a State law or constitution would prevent the
expenditure of State or local public funds in such a facility or by
such an organization, then the State or local government shall
segregate the Federal funds from State or other public funds for
purposes of carrying out the designated program.
``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG TREATMENT
PROGRAMS.
``(a) Findings.--The Congress finds that--
``(1) establishing formal educational qualification for
counselors and other personnel in drug treatment programs may
undermine the effectiveness of such programs; and
``(2) such formal educational requirements for counselors
and other personnel may hinder or prevent the provision of
needed drug treatment services.
``(b) Limitation on Educational Requirements of Personnel.--
``(1) Treatment of religious education.--If any State or
local government that is a program participant imposes formal
educational qualifications on providers of program services,
including religious organizations, such State or local
government shall treat religious education and training of
personnel as having a critical and positive role in the
delivery of program services. In applying educational
qualifications for personnel in religious organizations, such
State or local government shall give credit for religious
education and training equivalent to credit given for secular
course work in drug treatment or any other secular subject that
is of similar grade level and duration.
``(2) Restriction of discrimination requirements.--
``(A) In general.--Subject to paragraph (1), a
State or local government that is a program participant
may establish formal educational qualifications for
personnel in organizations providing program services
that contribute to success in reducing drug use among
program beneficiaries.
``(B) Exception.--The Secretary shall waive the
application of any educational qualification imposed
under subparagraph (A) for an individual religious
organization, if the Secretary determines that--
``(i) the religious organization has a
record of prior successful drug treatment for
at least the preceding 3 years;
``(ii) the educational qualifications have
effectively barred such religious organization
from becoming a program provider;
``(iii) the organization has applied to the
Secretary to waive the qualifications; and
``(iv) the State or local government has
failed to demonstrate empirically that the
educational qualifications in question are
necessary to the successful operation of a drug
treatment program.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S860-861)
Read twice and referred to the Committee on HELP.
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