text: 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.''.
target: 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.
feat_title: Faith-Based Drug Treatment Enhancement Act