Equal Treatment of Faith-Based Organizations Act of 2020

Equal Treatment of Faith-Based Organizations Act of 2020

This bill provides statutory authority for certain restrictions on conditions for financial assistance and program participation imposed by the Department of Health and Human Services (HHS) with respect to faith-based organizations.

Specifically, HHS shall not impose specified conditions on faith-based organizations regarding the receipt of HHS funds or the participation in HHS programs, such as requirements to disclose religious affiliation, if those conditions are not imposed on organizations that are not faith-based. In addition, HHS shall not require any organization to refer a beneficiary who objects to the religious character of that organization to an alternative provider. States and local governments that administer HHS funds must adhere to these requirements, as well.

Under current law, these restrictions apply to HHS financial assistance and programs through an executive order concerning the administration of federal grants and programs related to faith-based organizations.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6099 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6099

To ensure equal treatment of faith-based organizations participating in 
programs of the Department of Health and Human Services, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2020

Mr. Budd (for himself, Mr. Latta, Mr. Allen, Mr. Marshall, Mr. Norman, 
 Mr. Bishop of North Carolina, Mr. Lamborn, Mrs. Hartzler, Mr. Babin, 
   Mr. Banks, Mr. Hice of Georgia, Mr. Aderholt, Mr. Mooney of West 
Virginia, Mr. Gohmert, Mr. Gaetz, Mr. Kelly of Pennsylvania, Mr. Murphy 
of North Carolina, Mr. Meadows, Mr. Walberg, Mr. Cline, Mr. Cloud, and 
 Mr. Abraham) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
   Ways and Means, Education and Labor, and Natural Resources, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To ensure equal treatment of faith-based organizations participating in 
programs of the Department of Health and Human Services, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Treatment of Faith-Based 
Organizations Act of 2020''.

SEC. 2. ENSURING THAT ANY RESTRICTIONS ON THE USE OF HHS-FINANCIAL 
              ASSISTANCE APPLY EQUALLY TO FAITH-BASED AND NON-FAITH-
              BASED ORGANIZATIONS.

    The Secretary of Health and Human Services--
            (1) shall not (including by means of any grant document, 
        agreement, covenant, memorandum of understanding, policy, or 
        regulation)--
                    (A) require faith-based organizations to provide an 
                assurance or notice as a condition on receipt of 
                financial assistance from the Department of Health and 
                Human Services (in this Act referred to as ``HHS-
                financial assistance'') if such assurance or notice is 
                not required of a non-faith-based organization;
                    (B) disqualify faith-based organizations from 
                participating in any program or service of the 
                Department of Health and Human Services because such 
                organizations are motivated or influenced by religious 
                faith to provide social services, or because of their 
                religious affiliation or exercise; or
                    (C) otherwise apply any requirement or restriction 
                on the use of HHS-financial assistance to faith-based 
                organizations unless such requirement or restriction is 
                applied equally to non-faith-based organizations; and
            (2) shall prohibit each State or local government 
        administering HHS-financial assistance from--
                    (A) implementing a requirement or restriction 
                described in paragraph (1)(A) or (1)(C); or
                    (B) disqualifying a faith-based organization as 
                described in paragraph (1)(B).

SEC. 3. ENSURING THAT ORGANIZATIONS ARE NOT REQUIRED TO MAKE CERTAIN 
              REFERRALS TO ALTERNATIVE PROVIDERS.

    The Secretary of Health and Human Services--
            (1) shall not (including by means of any grant document, 
        agreement, covenant, memorandum of understanding, policy, or 
        regulation) require any organization that provides services 
        under a program supported by HHS-financial assistance to refer 
        a beneficiary or prospective beneficiary of the program to an 
        alternative provider if the beneficiary or prospective 
        beneficiary objects to the religious character of the 
        organization; and
            (2) shall prohibit each State or local government 
        administering HHS-financial assistance from implementing a 
        requirement described in paragraph (1).
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