Page:United States Statutes at Large Volume 110 Part 3.djvu/432

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110 STAT. 2162 PUBLIC LAW 104-193—AUG. 22, 1996 (2) PROGRAMS DESCRIBED. —The programs described in this paragraph are the following programs: (A) A State program funded under part A of title IV of the Social Security Act (as amended by section 103(a) of this Act). (B) Any other program established or modified under title I or II of this Act, that— (i) permits contracts with organizations; or (ii) permits certificates, vouchers, or other forms of disbursement to be provided to beneficiaries, as a means of providing assistance. Contracts. (b) RELIGIOUS ORGANIZATIONS. —The purpose of this section is to allow States to contract with religious organizations, or to allow religious organizations to accept certificates, vouchers, or other forms of disbursement under any program described in subsection (a)(2), on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program. (c) NONDISCRIMINATION AGAINST RELIGIOUS ORGANIZATIONS. — In the event a State exercises its authority under subsection (a), religious organizations are eligible, on the same basis as any other private orgeinization, as contractors to provide assistance, or to accept certificates, vouchers, or other forms of disbursement, under any program described in subsection (a)(2) so long as the programs are implemented consistent with the Establishment Clause of the United States Constitution. Except as provided in subsection (k), neither the Federal Government nor a State receiving funds under such programs shall discriminate against an organization which is or applies to be a contractor to provide assistance, or which accepts certificates, vouchers, or other forms of disbursement, on the basis that the organization has a religious character. (d) RELIGIOUS CHARACTER AND FREEDOM. — (1) RELIGIOUS ORGANIZATIONS.— ^A religious organization with a contract described in subsection (a)(1)(A), or which accepts certificates, vouchers, or other forms of disbursement under subsection (a)(1)(B), 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 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 eligible to contract to provide assistance, or to accept certificates, vouchers, or other forms of disbursement, funded under a program described in subsection (a)(2). (e) RIGHTS OF BENEFICL^RIES OF ASSISTANCE. — (1) IN GENERAL.— If an individual described in paragraph (2) has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program described in subsection (a)(2), the State in which the individual resides shall provide such individual (if otherwise eligible for such assistance) within a reasonable period of time after the date of such objection with assistance from an alternative provider