; or (II) holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations. (4) Private rights of action (A) Nothing in this section shall be construed to authorize a right of action against a private organization for the exercise of rights provided under subsection (d)(1). (B) A private right of action may be brought by a private organization under section 1107. (5) Supplanting prohibited Any Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter. (6) Effect on Federal laws respecting racial discrimination Nothing in this section shall be construed to alter, affect, or supersede any Federal law that addresses discrimination because of race, color, or national origin by any State or private organization that receives Federal financial assistance for adoption or foster care placement or related services. (7) Application to States with waivers For any State that, on the date of enactment of this Act, has in effect a waiver approved under section 1130 of the Social Security Act ( 42 U.S.C. 1320a–9 ), the amendments to this title shall not apply to that State before the expiration of the waiver (determined without regard to any extensions), to the extent that an amendment is inconsistent with the terms of the waiver. (8) Effect on State laws Nothing in this section shall be construed to supersede a State or local law, policy, or contract addressing the legal conditions of receiving Government funding for adoption or foster care services, provided that the State or local law does not directly conflict with this section. 611. Sex-specific segregation or programs (a) If sex segregation or sex-specific programming is necessary to the essential operation of a program or activity, nothing in this title shall prevent any such program or activity from considering an individual’s