Charitable Choice Rules and Faith-Based Organizations (CRS Report for Congress)
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| Release Date |
Revised July 12, 2006 |
| Report Number |
RL32736 |
| Report Type |
Report |
| Authors |
Joe Richardson, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
President Bush's Administration has advanced a "Charitable Choice" agenda aimed at expanding
the
ability of faith-based organizations to provide federally funded social services and encouraging states
to do likewise. Charitable Choice rules are intended to ensure that faith-based organizations
participate more fully in federally funded social service programs and offer services without
abandoning their religious character or infringing on the religious freedom of applicant/recipients.
They deal with issues such as faith-based organizations' ability to remain independent of
governmental controls, to discriminate in their hiring practices, and to conduct "inherently religious"
activities while at the same time providing government-funded services.
Prior to the Administration's initiative, Congress enacted Charitable Choice rules for Temporary
Assistance for Needy Families (TANF), the Community Services Block Grant (CSBG), and
substance abuse prevention and treatment programs. But, after Congress failed to enact Charitable
Choice rules for more programs, the Bush Administration issued an executive order (EO 13279) that
directed that most rules covered under the Charitable Choice rubric be followed by a wide range of
social service programs, unless otherwise directed by law. In addition, the Administration and
Congress have provided money for a range of specific grants/projects in which faith-based
organizations play a substantial role, including the Compassion Capital Fund.
Charitable Choice rules represent a shift in how government treats religious organizations
applying for social service grants. They are intended to deny aid for "inherently religious"
activities
-- as opposed to the preexisting policy that generally barred assistance to "pervasively sectarian"
religious organizations .
For Congress, there is a continuing debate over whether to accept the existing situation -- where
the executive order has effectively put in place most, but not all, Charitable Choice principles for the
bulk of social service programs, except where barred by law -- or challenge it, or enact the provisions
of the executive order (and possibly added rules) and cover more programs. Proponents of
congressional action are concerned that an executive order may not be "enough" to support the policy
in the longer term and would like to see some rules and programs not included in the order added.
Opponents of the executive order or writing Charitable Choice rules into law are primarily worried
over their implications for hiring discrimination and the prospect that religious content may be
infused into federally funded programs.
Most recently, pending changes to the Workforce Investment Act, the Older Americans Act,
the Community Services Block Grant, and Head Start law would affect participation by faith-based
organizations. In addition, a proposal to place into law the terms of EO13279 has been advanced,
and TANF Charitable Choice rules have been extended through FY2010.
This report will be updated as events warrant.
