Equal Treatment of Faith-Based Organizations Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6099 To ensure equal treatment of faith-based organizations participating in pro- grams 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. NOR- MAN, 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 Com- merce, and in addition to the Committees on Ways and Means, Education and Labor, and Natural Resources, for a period to be subsequently deter- mined 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 par- ticipating in programs of the Department of Health and Human Services, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Equal Treatment of 4 Faith-Based Organizations Act of 2020’’. 5 VerDate Sep 11 2014 20:27 Mar 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6099.IH H6099 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 6099 IH SEC. 2. ENSURING THAT ANY RESTRICTIONS ON THE USE 1 OF HHS-FINANCIAL ASSISTANCE APPLY 2 EQUALLY TO FAITH-BASED AND NON-FAITH- 3 BASED ORGANIZATIONS. 4 The Secretary of Health and Human Services— 5 (1) shall not (including by means of any grant 6 document, agreement, covenant, memorandum of un- 7 derstanding, policy, or regulation)— 8 (A) require faith-based organizations to 9 provide an assurance or notice as a condition on 10 receipt of financial assistance from the Depart- 11 ment of Health and Human Services (in this 12 Act referred to as ‘‘HHS-financial assistance’’) 13 if such assurance or notice is not required of a 14 non-faith-based organization; 15 (B) disqualify faith-based organizations 16 from participating in any program or service of 17 the Department of Health and Human Services 18 because such organizations are motivated or in- 19 fluenced by religious faith to provide social 20 services, or because of their religious affiliation 21 or exercise; or 22 (C) otherwise apply any requirement or re- 23 striction on the use of HHS-financial assistance 24 to faith-based organizations unless such re- 25 VerDate Sep 11 2014 02:20 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6099.IH H6099 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 6099 IH quirement or restriction is applied equally to 1 non-faith-based organizations; and 2 (2) shall prohibit each State or local govern- 3 ment administering HHS-financial assistance 4 from— 5 (A) implementing a requirement or restric- 6 tion described in paragraph (1)(A) or (1)(C); or 7 (B) disqualifying a faith-based organiza- 8 tion as described in paragraph (1)(B). 9 SEC. 3. ENSURING THAT ORGANIZATIONS ARE NOT RE- 10 QUIRED TO MAKE CERTAIN REFERRALS TO 11 ALTERNATIVE PROVIDERS. 12 The Secretary of Health and Human Services— 13 (1) shall not (including by means of any grant 14 document, agreement, covenant, memorandum of un- 15 derstanding, policy, or regulation) require any orga- 16 nization that provides services under a program sup- 17 ported by HHS-financial assistance to refer a bene- 18 ficiary or prospective beneficiary of the program to 19 an alternative provider if the beneficiary or prospec- 20 tive beneficiary objects to the religious character of 21 the organization; and 22 (2) shall prohibit each State or local govern- 23 ment administering HHS-financial assistance from 24 VerDate Sep 11 2014 02:20 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6099.IH H6099 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 6099 IH implementing a requirement described in paragraph 1 (1). 2 Æ VerDate Sep 11 2014 02:20 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6099.IH H6099 jbell on DSKJLSW7X2PROD with BILLS