                                 CODE OF VIRGINIA

PERMITTED CONTRACTS WITH CERTAIN RELIGIOUS ORGANIZATIONS; PURPOSE; LIMITATIONS
(§ 2.2-4343.1)

A. It is the intent of the General Assembly, in accordance with the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, to
authorize public bodies to enter into contracts with faith-based organizations
for the purposes described in this section on the same basis as any other
nongovernmental source without impairing the religious character of such
organization, and without diminishing the religious freedom of the beneficiaries
of assistance provided under this section.

B. For the purposes of this section, &#8220;faith-based organization&#8221;
means a religious organization that is or applies to be a contractor to provide
goods or services for programs funded by the block grant provided pursuant to
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,
P.L. 104-193.

C. Public bodies, in procuring goods or services, or in making disbursements
pursuant to this section, shall not (i) discriminate against a faith-based
organization on the basis of the organization&#8217;s religious character or
(ii) impose conditions that (a) restrict the religious character of the
faith-based organization, except as provided in subsection F, or (b) impair,
diminish, or discourage the exercise of religious freedom by the recipients of
such goods, services, or disbursements.

D. Public bodies shall ensure that all invitations to bid, requests for
proposals, contracts, and purchase orders prominently display a
nondiscrimination statement indicating that the public body does not
discriminate against faith-based organizations.

E. A faith-based organization contracting with a public body (i) shall not
discriminate against any recipient of goods, services, or disbursements made
pursuant to a contract authorized by this section on the basis of the
recipient&#8217;s religion, religious belief, or refusal to participate in a
religious practice or on the basis of race, age, color, gender, sexual
orientation, gender identity, or national origin and (ii) shall be subject to
the same rules as other organizations that contract with public bodies to
account for the use of the funds provided; however, if the faith-based
organization segregates public funds into separate accounts, only the accounts
and programs funded with public funds shall be subject to audit by the public
body. Nothing in clause (ii) shall be construed to supersede or otherwise
override any other applicable state law.

F. Consistent with the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, P.L. 104-193, funds provided for expenditure
pursuant to contracts with public bodies shall not be spent for religious
worship, instruction, or proselytizing; however, this prohibition shall not
apply to expenditures pursuant to contracts, if any, for the services of
chaplains.

G. Nothing in this section shall be construed as barring or prohibiting a
faith-based organization from any opportunity to make a bid or proposal or
contract on the grounds that the faith-based organization has exercised the
right, as expressed in 42 U.S.C. (&#xA7; 2000 e-1 et seq.), to employ persons of
a particular religion.

H. If an individual, who applies for or receives goods, services, or
disbursements provided pursuant to a contract between a public body and a
faith-based organization, objects to the religious character of the faith-based
organization from which the individual receives or would receive the goods,
services, or disbursements, the public body shall offer the individual, within a
reasonable period of time after the date of his objection, access to equivalent
goods, services, or disbursements from an alternative provider.
			The public body shall provide to each individual who applies for or receives
goods, services, or disbursements provided pursuant to a contract between a
public body and a faith-based organization a notice in bold face type that
states: &#8220;Neither the public body&#8217;s selection of a charitable or
faith-based provider of services nor the expenditure of funds under this
contract is an endorsement of the provider&#8217;s charitable or religious
character, practices, or expression. No provider of services may discriminate
against you on the basis of religion, a religious belief, or your refusal to
actively participate in a religious practice. If you object to a particular
provider because of its religious character, you may request assignment to a
different provider. If you believe that your rights have been violated, please
discuss the complaint with your provider or notify the appropriate person as
indicated in this form.&#8221;

HISTORY: 2001, c. 774, § 11-35.1; 2005, c. 928; 2020, c. 1137.