Equal Treatment of Faith-Based Organizations Act of 2020

To ensure equal treatment of faith-based organizations participating in programs of the Department of Health and Human Services, and for other purposes. 1. Short title This Act may be cited as the Equal Treatment of Faith-Based Organizations Act of 2020 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 (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). 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).

Summary: 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.