Sec. 3. Prohibition on discrimination in federally funded programs
3,987 words·~18 min read·
/bill/116/hr/5331/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Civil Rights Act of 1964 ( 42 U.S.C. 2000d ) is amended— in section 601, by inserting sex, sexual orientation, gender identity, before or national origin. ; in section 606, by striking For the purposes of this title and inserting Subject to section 607, for the purposes of this title ; and by adding at the end the following: For the purposes of this title, as applied to sex, sexual orientation, and gender identity, for any religious corporation, association, educational institution, or society, the term program or activity and the term program are limited to any specific program or activity, or part thereof, that receives Federal financial assistance.
Any penalty or loss of Federal financial assistance assessed against such a religious entity shall be limited to the program or activity or program, or part thereof, that is determined to have violated section 601. An otherwise qualified religious provider shall be eligible to receive Federal financial assistance for a particular service without regard to the provider’s religious views or teachings, notwithstanding section 2000d. Subject to this title, a religious organization that applies for, or participates in, a program or activity receiving Federal financial assistance shall retain its independence and may continue to carry out its mission, including the definition, development, and expression of its religious beliefs.
Nothing in this title prohibits a religious organization receiving Federal financial assistance from using space in its buildings and other facilities to conduct its program or activities where there is religious art, icons, messages, scriptures, or other symbols. Additionally, the organization retains authority over its internal governance and thus may have religious words in the organization’s name, select members of its governing board based on religious criteria, and have religious references in its mission statement and other governing documents.
A religious educational institution or daycare center may enforce with reasonable consistency written religious standards in its admission criteria, educational programs, student retention policies, or residential life policy, unless those standards are based on race, color, or national origin or would exclude or remove a student solely because of a prohibited classification under section 601 with respect to that student’s parent or legal guardian. For purposes of sexual orientation and gender identity, a religious corporation, association, educational institution, or society receiving Federal financial assistance shall be deemed in compliance with section 601 notwithstanding the content of any marriage or family education, strengthening, or counseling programming, provided that the recipient does not exclude beneficiaries on the basis of sexual orientation or gender identity.
If a beneficiary or prospective beneficiary objects to the religious character of the recipient, the recipient will undertake reasonable efforts as described in subsection (d)(2) to identify and refer the beneficiary to an alternative provider to which the beneficiary has no objection; however, the recipient is not obligated to guarantee that in every instance an alternative provider will be available. Each agency responsible for administering or supporting a social service program with Federal financial assistance shall establish policies and procedures designed to ensure that— appropriate and timely referrals are made to an alternative provider; all referrals are made in a manner consistent with all applicable privacy laws and regulations; the recipient subject to subsection (d)(1) notifies the agency of any referral; such recipient has established a process for determining whether the beneficiary has contacted the alternative provider; and each beneficiary of a marriage or family education, strengthening, or counseling program that receives Federal financial assistance receives written notice of the protections set forth in this section prior to enrolling in or receiving services from such program.
The referral obligation of the recipient under section (d)(2) shall be satisfied by the recipient if it— makes appropriate and timely referrals to an alternative provider; refers in a manner consistent with all applicable privacy laws and regulations; notifies the agency of the referral; has established a process for determining whether the beneficiary has contacted the alternative provider; and can demonstrate that each beneficiary of a social service program received written notice of the protections set forth in this section prior to enrolling in or receiving services from such program.
Any religious corporation, association, educational institution, or society that is otherwise eligible for Federal financial assistance that is awarded to entities to support the safety or infrastructure of the entity cannot be excluded from assistance because of its religious beliefs or practices. Such assistance includes Federal financial assistance for historic preservation, disaster recovery, or facilities security. The religious corporation, association, educational institution, or society shall be deemed in compliance with section 601, provided that funds used for procurement from a third-party vendor must be used in a manner that complies with section 601.
For the purposes of this subsection, a religious educational institution or daycare center that receives funds under the Richard B. Russell National School Lunch Act shall not be deemed a recipient of Federal financial assistance. The Congress hereby finds and declares the following: At-risk children deserve a safe and caring family, and reducing the number of vulnerable children without a permanent home is in the Federal interest. There is a national deficit in the number of adoptive and foster parents and the private agencies qualified to serve these children.
Federal and State governments should cooperate to encourage new agencies to join the effort to serve the needs of vulnerable children, alongside private agencies that have already been doing that crucial work for decades, including agencies whose commitment to serve arises from profound religious convictions. By providing safe and welcoming homes to vulnerable children, adoptive and foster care parents serve the best interests of children and contribute to the common good of our communities in ways that are irreplaceable.
Such parents should be empowered to adopt children based on their merits as parents, without being thwarted by discriminatory obstacles. By finding safe and welcoming homes for vulnerable children, religious and other providers of adoption and foster care services, facilitate connections between good parents and vulnerable children. In doing so, such providers also contribute to the common good of our communities in ways that are irreplaceable. The indirect funding program created by this section is intended to be a permanent and fully funded program that links vulnerable children to good parents in order to serve the best interests of children.
This indirect funding program will do so by ensuring that diverse adoption and foster care providers, including religious providers, will continue to receive Federal financial assistance. Therefore, it is the policy of the Federal Government to protect the best interests of at-risk children by establishing minimum Federal standards that guarantee the equal treatment of qualified families seeking to offer foster care or adoption and an equal respect for the diversity of private agencies, including religious agencies, that provide adoption and foster care services.
This section shall be construed in a manner consistent with these findings and declaration of policy. Federal financial assistance for adoption, foster care, or related services is subject to section 601, unless otherwise provided in this section. Any entity that receives Federal financial assistance to perform adoption or foster care placements or related services, or that contracts with an entity that receives Federal financial assistance for those services, except for a private agency when participating in the indirect funding program as described under subsection (c)(2)(B) or (d)(1), may not in the course of performing an adoption, foster care, or related service discriminate against a prospective parent or a child because of race, color, national origin, sex, sexual orientation, or gender identity.
An entity unlawfully discriminates against a prospective parent by— denying to any qualified person equal access to or equal treatment during the adoption or foster care evaluation and placement process because of the race, color, national origin, sex, sexual orientation or gender identity of the qualified prospective adoptive or foster parent or of the child involved; delaying or denying the placement of a child for adoption or into foster care because of the race, color, national origin, sex, sexual orientation, or gender identity of the qualified prospective adoptive or foster parent, or of the child involved; requiring different or additional screenings, processes, or procedures for adoptive or foster care placement because of the race, color, national origin, sex, sexual orientation, or gender identity of the qualified prospective adoptive or foster parent, or of the child involved; requiring a qualified prospective foster parent to subscribe to subparagraph
(D)or
(E)of section (b)(2); or excluding a qualified prospective adoptive or foster parent because of the parent’s religion. An entity unlawfully discriminates against a child by— denying to any qualified person equal access to or equal treatment during the adoption or foster care evaluation and placement process because of the race, color, national origin, sex, sexual orientation, or gender identity of the qualified prospective adoptive or foster parent, or of the child involved; delaying or denying the placement of a child for adoption or into foster care because of the race, color, national origin, sex, sexual orientation, or gender identity of the qualified prospective adoptive or foster parent, or of the child involved; requiring different or additional screenings, processes, or procedures for adoptive or foster care placement because of the race, color, national origin, sex, sexual orientation, or gender identity of the qualified prospective adoptive or foster parent, or of the child involved; treating a child in the legal custody of the State inconsistently with the child’s gender identity, as demonstrated by the child’s medical history, care or treatment of the child’s gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, is part of the child’s core identity, and is not being asserted for an improper purpose; or subjecting any child in the legal custody of the State to any practice or treatment that seeks to change the child’s sexual orientation or gender identity. It shall be lawful for a professional counselor licensed by the State to assist a minor, without regard to sexual orientation or gender identity, to prevent or address unlawful conduct or unsafe sexual practices. The Department of Health and Human Services, the Social Security Administration, the Department of State, and any other agency authorized by Federal law to administer Federal financial assistance for the support of adoption and foster care services shall issue final rules within two years of the enactment of this Act to create an indirect funding program that delivers Federal financial assistance to eligible prospective parents for the purpose of obtaining such services through a qualified private agency that they select. This indirect funding program will entitle a qualified State resident to receive a certificate to assist with the costs of a personal assessment, background check, home study, endorsement, certification of a person’s eligibility to act as the guardian of a child in foster care or as the parent of a child available for adoption, and placement of a child with an eligible individual or family. A substantial proportion of appropriated Federal financial assistance for adoption or foster care services, including assistance available under part B and part E of title IV of the Social Security Act, shall be allocated to fund the indirect funding program through the issuance of a certificate to eligible prospective parents. Each certificate shall be worth an amount to be determined through agency rulemaking, but in no event less than $3,000 as indexed to the Consumer Price Index as of January 1, 2019. Participation in this indirect funding program may not be delayed or denied because of a State resident’s race, color, national origin, religion, sex, sexual orientation, or gender identity. The responsible Federal agencies shall establish policies and procedures designed to ensure that where a referral is required by this section— an appropriate and timely referral is made to an alternative provider; all referrals are made in a manner consistent with applicable privacy laws and regulations; the provider of adoption and foster care placement or related services notifies the agency of any referral; and each applicant for and recipient of adoption or foster care placement or related services from a provider that receives Federal financial assistance will receive written notice from the provider of the protections set forth in this section when applying for or receiving such services. To be eligible for Federal financial assistance for adoption or foster care services under part B or part E of title IV of the Social Security Act, a State must develop a written plan approved by the Secretary of the Department of Health and Human Services providing that— the State has established rules, policies, and procedures within 6 months after issuance of final rules under subsection (c)(1) that ensures the State’s full participation in the indirect funding program by making available to each qualified State resident on request a certificate as prescribed by subsection (c)(1), to be used solely for the services enumerated in subsection (c)(1). This certificate may commingle funding from Federal and State sources, and such commingled revenues shall be deemed Federal financial assistance; the State uses its best efforts to increase the number of private organizations within each catchment area that are qualified to provide foster care and adoption services, including organizations willing to serve all qualified prospective parents; the State publishes and maintains a current list of licensed adoption and foster care providers with offices in the State, by catchment area, which list will identify providers that serve all applicants, as well as those that serve particular communities and those that provide particular services; the State performs a prompt and cost-free eligibility assessment for every prospective parent who applies for a certificate, informs every eligible prospective parent of the licensed adoption and foster care providers in the participant’s catchment area, and may provide additional information to facilitate the prospective parent’s selection of a provider; any State resident eligible to act as a foster parent or adoptive parent has an equal opportunity to obtain adoption or foster care related services from a provider who accepts the certificate described in section (c)(1); and when a qualified individual seeking adoption or foster care placement or related services is unable to obtain such services from a particular provider— there is at least one other willing and qualified provider of such service in the same or adjacent catchment area that will serve all qualified individuals; the provider gives an appropriate and timely referral to at least one alternative provider; each referral is made in a manner consistent with applicable privacy laws and regulations; and the provider of adoption and foster care placement or related services notifies the State of any referral that is issued. No State or local government may— deny any licensed provider of adoption or foster care placement or related services the opportunity to participate in the certificate program prescribed by subsection (c)(1); deny any licensed provider of adoption or foster care placement or related services reasonable payment for services actually rendered in reliance on a certificate; require a provider of adoption or foster care placement or related services to perform such services in a particular instance as a condition of participating in the certificate program prescribed by subsection (c)(1), unless such service is required by Federal law or imposed pursuant to an agreement between the provider and the State that compensates the provider for such service exclusively with State revenues; and withhold, suspend, or terminate contracts, cooperative agreements, grants, or other financial assistance when a provider of adoption or foster care placement or related services takes any action permitted under this title. If a State fails to participate in the indirect funding program, develop an appropriate State plan, or to comply with this section in any other respect, the Secretary shall, after appropriate notice and failure to comply, withhold payment to the State of amounts otherwise payable under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq., 670 et seq.), to the extent that the Secretary deems the withholding necessary to induce compliance. A State may elect not to comply with its duties under this section on condition that it declines Federal financial assistance for adoption and foster care. A private organization that is eligible to receive Federal financial assistance through the certificate program prescribed by subsection (c)(1) for providing any adoption or foster care placement or related services may— decline to accept a certificate without being obligated to perform a particular service, despite receiving certificates to perform other covered adoption or foster care services, so long as the provider gives a referral to the certificate holder consistent with section (c)(2)(A)(vi)(II)–(IV); or after accepting a certificate, facilitate a mutually voluntary referral that does not unreasonably delay or disrupt the adoption or foster care evaluation and placement process. After accepting a certificate, a provider of adoption or foster care services may terminate its relationship with a prospective parent who makes a material misrepresentation of a fact that the prospective parent knew or should have known that the agency specifically requested. Such agency shall provide a referral consistent with subsection (c)(2)(A)(vi)(II)–(IV) and shall not lose its right under subsection (c)(2)(B)(ii) to reasonable payment for services actually performed. A private organization that has received Federal financial assistance through the certificate program prescribed by subsection (c)(1) shall not discriminate against the custodial parent of a child in foster care because of the custodial parent’s race, color, national origin, religion, sex, sexual orientation, or gender identity with respect to the monitoring of a parent whom the provider has previously endorsed or with whom the provider has placed a child. For purposes of this section, a child in foster care shall be deemed to be in the legal custody of the State. Nothing in this section shall be construed to prohibit an entity receiving Federal financial assistance for adoption, foster care, or related services from making an individualized placement assessment in the best interest of the child’s health, safety, and welfare. Except as described in subsection (e)(1)(B), the protections under subsection
(b)shall become effective on the date of enactment. Section (b)(1) shall come into effect with respect to a religious adoption or foster care provider 12 months after the State where the provider operates has implemented the certificate program as described in section (c)(2)(A). If the certificate program is not substantially funded as required by subsection (c), the protections described by subsection (b)(1) shall become unenforceable as to a religious adoption or foster care provider until funding is provided or restored. For purposes of this section, religious adoption or foster care provider means a licensed or accredited nonprofit provider of adoption or foster care services that— is in whole or substantial part, owned, supported, controlled, or managed by a particular religion or by a particular church, denomination, convention, or association of churches or other houses of worship; or holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations. Nothing in this section shall be construed to authorize a right of action against a private organization for the exercise of rights provided under subsection (d)(1). A private right of action may be brought by a private organization under section 1107. Any Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter. Nothing in this section shall be construed to alter, affect, or supersede any Federal law that addresses discrimination because of race, color, or national origin by any State or private organization that receives Federal financial assistance for adoption or foster care placement or related services. For any State that, on the date of enactment of this Act, has in effect a waiver approved under section 1130 of the Social Security Act ( 42 U.S.C. 1320a–9 ), the amendments to this title shall not apply to that State before the expiration of the waiver (determined without regard to any extensions), to the extent that an amendment is inconsistent with the terms of the waiver. Nothing in this section shall be construed to supersede a State or local law, policy, or contract addressing the legal conditions of receiving Government funding for adoption or foster care services, provided that the State or local law does not directly conflict with this section. If sex segregation or sex-specific programming is necessary to the essential operation of a program or activity, nothing in this title shall prevent any such program or activity from considering an individual’s sex, provided that where appropriate to accomplish the purpose of the program or activity, individuals are treated in accordance with their gender identity. An educational institution receiving Federal financial assistance shall reasonably accommodate a student who requests greater privacy with respect to the use of a facility designated for the exclusive use of persons of the same sex, provided that the accommodation does not exclude any student from such a facility to which the student has a right of access or otherwise prejudice any right or privilege protected under this title. Nothing in this title shall be construed to alter or affect the Violence Against Women Act of 1994. Nothing in this title shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this title shall be construed to permit a penalty to be imposed on any person or any individual because such person or individual is seeking or has received any benefit or service related to a legal abortion. Nothing contained in this title shall be construed to alter or affect title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.). Any claim that a person has been excluded because of sex from participation in, or denied the benefits of, or subjected to discrimination with respect to any education program or activity that receives Federal financial assistance shall be governed by title IX and not this title. For purposes of this title: The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, without regard to the individual’s designated sex at birth. A person’s gender identity can be shown by providing evidence, including medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person’s core identity, and not being asserted for an improper purpose. The terms religion and religious include all aspects of religious belief, observance, and practice, whether or not compelled by, or central to, a system of religion. The term religious corporation, association, educational institution, or society includes— a church, synagogue, mosque, temple, or other house of worship; a nonprofit corporation, association, educational institution, society, or other nonprofit entity that is, in whole or substantial part, owned, supported, controlled, or managed by a particular religion or by a particular church, denomination, convention, or association of churches or other houses of worship; or a nonprofit corporation, association, educational institution, society, or other nonprofit entity that holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations. The term religious educational institution includes any preschool, primary, secondary or post-secondary educational institution that is— in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular church, denomination, convention, or association of churches or other houses of worship; or a nonprofit corporation organized for educational purposes that holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations. The term sexual orientation means homosexuality, heterosexuality, or bisexuality. .
Connectionstraces to 3
1 reference not yet in our index
- 42 USC 1320a–9
Citation graph
cites case law
Sec. 3
Prohibition on discrimination in federally funded programs
Cite42 USC 1320a–9
Cites 4Cited by 0 across 0 sources