2.2-4343.1 - Permitted contracts with certain religious organizations; purpose; limitations.
§ 2.2-4343.1. Permitted contracts with certain religious organizations;purpose; limitations.
A. It is the intent of the General Assembly, in accordance with the PersonalResponsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193,to authorize public bodies to enter into contracts with faith-basedorganizations for the purposes described in this section on the same basis asany other nongovernmental source without impairing the religious character ofsuch organization, and without diminishing the religious freedom of thebeneficiaries of assistance provided under this section.
B. For the purposes of this section, "faith-based organization" means areligious organization that is or applies to be a contractor to provide goodsor services for programs funded by the block grant provided pursuant to thePersonal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L.104-193.
C. Public bodies, in procuring goods or services, or in making disbursementspursuant to this section, shall not (i) discriminate against a faith-basedorganization on the basis of the organization's religious character or (ii)impose conditions that (a) restrict the religious character of thefaith-based organization, except as provided in subsection F, or (b) impair,diminish, or discourage the exercise of religious freedom by the recipientsof such goods, services, or disbursements.
D. Public bodies shall ensure that all invitations to bid, requests forproposals, contracts, and purchase orders prominently display anondiscrimination statement indicating that the public body does notdiscriminate against faith-based organizations.
E. A faith-based organization contracting with a public body (i) shall notdiscriminate against any recipient of goods, services, or disbursements madepursuant to a contract authorized by this section on the basis of therecipient's religion, religious belief, refusal to participate in a religiouspractice, or on the basis of race, age, color, gender or national origin and(ii) shall be subject to the same rules as other organizations that contractwith public bodies to account for the use of the funds provided; however, ifthe faith-based organization segregates public funds into separate accounts,only the accounts and programs funded with public funds shall be subject toaudit by the public body. Nothing in clause (ii) shall be construed tosupersede or otherwise override any other applicable state law.
F. Consistent with the Personal Responsibility and Work OpportunityReconciliation Act of 1996, P.L. 104-193, funds provided for expenditurepursuant to contracts with public bodies shall not be spent for religiousworship, instruction, or proselytizing; however, this prohibition shall notapply to expenditures pursuant to contracts, if any, for the services ofchaplains.
G. Nothing in this section shall be construed as barring or prohibiting afaith-based organization from any opportunity to make a bid or proposal orcontract on the grounds that the faith-based organization has exercised theright, as expressed in 42 U.S.C. (§ 2000 e-1 et seq.), to employ persons of aparticular religion.
H. If an individual, who applies for or receives goods, services, ordisbursements provided pursuant to a contract between a public body and afaith-based organization, objects to the religious character of thefaith-based organization from which the individual receives or would receivethe goods, services, or disbursements, the public body shall offer theindividual, within a reasonable period of time after the date of hisobjection, access to equivalent goods, services, or disbursements from analternative provider.
The public body shall provide to each individual who applies for or receivesgoods, services, or disbursements provided pursuant to a contract between apublic body and a faith-based organization a notice in bold face type thatstates: "Neither the public body's selection of a charitable or faith-basedprovider of services nor the expenditure of funds under this contract is anendorsement of the provider's charitable or religious character, practices,or expression. No provider of services may discriminate against you on thebasis of religion, a religious belief, or your refusal to activelyparticipate in a religious practice. If you object to a particular providerbecause of its religious character, you may request assignment to a differentprovider. If you believe that your rights have been violated, please discussthe complaint with your provider or notify the appropriate person asindicated in this form."
(2001, c. 774, § 11-35.1; 2005, c. 928.)