March 3, 2024 - Last Friday, nine federal agencies are further advancing President Biden’s call for religious freedom and equity for all by finalizing a rule that restores important religious liberty protections for beneficiaries of federally funded social services, such as job training and job search assistance, academic enrichment opportunities, and housing services. These protections were rescinded by the previous Administration.

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 issued this new rule. The rule will protect beneficiaries by taking steps such as:

• Requiring federal grantees that administer social service programs within the United States to notify beneficiaries of their right to be free from discrimination on the basis of religion and providing a model notice for providers’ use.
• Making clear that all covered social service programs – both those supported by vouchers and by grants – may not discriminate against beneficiaries on the basis of their religion.
• Encouraging 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.

“Today’s announcement establishes uniform policies to safeguard Americans from religious discrimination in social services,” affirmed U.S. Health and Human Services Secretary Xavier Becerra. “These regulations aim to guarantee broad access to essential social services for eligible individuals, reinforcing awareness of religious liberty protections.”

In response to comments, the rule also clarifies certain matters. For example, while providers will be permitted to notify beneficiaries of this rule’s protections as part of any broader nondiscrimination notice, providers will not be required to combine such notifications. The final rule also maintains longstanding protections for faith-based providers of federally funded social services, including by making it clear that such providers must be allowed to compete on an equal footing with secular organizations for awards while retaining their religious character. In addition, the rule retains the requirement that the government must notify organizations of these protections . It also affirms that any requests for religious accommodations will be evaluated on a case-by-case basis and decided consistent with federal religious freedom and conscience laws.

The nine agencies are jointly issuing this final rule. The rule is responsive to the executive order President Biden signed in February 2021 reestablishing the White House Office of Faith-Based and Neighborhood Partnerships, which highlighted the need to strengthen the ability of faith-based and other community organizations to deliver services effectively while also protecting the religious liberty of program beneficiaries.

“The announcement today affirms the value and role of faith-based and community organizations in HHS programs by clarifying policies and protections,” said Rev. Dr. Que English, Director of the Center for Faith-based and Neighborhood Partnerships at HHS. “This will support the continued efforts by HHS to engage faith-based and community stakeholders as key partners in addressing HHS and Administration priorities.”

The agencies appreciate the comments they received on this rule and look forward to working with providers and others on implementing its requirements. They also wish to express their gratitude for the invaluable contributions faith-based and other community organizations make to our country, and for the opportunity to continue the long bipartisan tradition of partnering with them to serve people in need.
Source: HHS