article: 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.''.
summary: 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.