; or (2) determine eligibility for public office because of religious beliefs or affiliations. (e) Scope of Application Subsections (a) through (d) apply in any case in which— (1) section 5 of the Fourteenth Amendment to the Constitution of the United States grants lawmaking power to Congress; (2) action by a government or an accrediting agency would affect commerce with foreign nations, among the several States, or with Indian Tribes; (3) a State or political subdivision receives Federal financial assistance, to the full extent permitted by Congress’ authority under the Spending Power in article I, section 8 of the Constitution; (4) Congress has power under the Necessary and Proper Clause of article I, section 8 to effectuate the exercise of its enumerated powers