The proposed rule would restore religious liberty protections that were rescinded by the Trump Administration.
Nine federal agencies have proposed a new rule to restore the protections for beneficiaries of federally funded social services, such as job training and job search assistance, academic enrichment opportunities, and housing services.
The United States Departments of Health and Human Services, Agriculture, Education, Homeland Security, Housing and Urban Development, Justice, Labor, and Veterans Affairs and the United States Agency for International Development proposed the rule, which would:
- Require federal grantees that administer social service programs within the United States to notify beneficiaries of their right to be free from discrimination based on religion.
- Make clear that all covered social service programs―both those supported by vouchers and by grants―may not discriminate against beneficiaries based on their religion.
- Encourage governmental agencies that fund domestic programs to help beneficiaries identify alternative federally funded service providers in their area, including providers that are more compatible with their beliefs, when beneficiaries request such alternatives.
To ensure that the religious liberty of faith-based providers of federally funded social services are protected, the nine agencies will continue to notify such providers that they are equally eligible to compete with other organizations for federally funded grants. In addition, the proposed rule would provide that federal agencies will not discriminate among grantees based on factors such as an organization’s religious character, motives, affiliation, or lack thereof.
The nine agencies jointly issued the proposed rule in response to the executive order President Biden signed in February 2021 to reestablish the White House Office of Faith-Based and Neighborhood Partnerships. The executive order highlighted the need to strengthen the ability of faith-based and community organizations to deliver services effectively while also protecting the religious liberty of program beneficiaries.
If finalized, the rule will reverse President Trump’s May 2018 executive order and subsequent final rule that changed the name of the office to the White House Faith and Opportunity Initiative and stripped away former protections to beneficiaries.
“Today’s announcement builds a whole-of-government approach in social services to ensure nondiscrimination on the basis of religion,” said U.S. Health and Human Services Secretary Xavier Becerra. “These proposed rules would provide important protections for Americans who rely on federally funded social service programs.”
Comments on the proposed rule will be accepted through March 14.