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1 1 (January 3, 2003)

handle is hein.tera/crstax0053 and id is 1 raw text is: Order Code RS20712 Updated January 3, 2003 CRS Report for Congress Received through the CRS Web Charitable Choice, Faith-Based Initiatives, and TANF Vee Burke Domestic Social Policy Division Summary The 107th Congress did not pass tax incentives for private giving or legislation intended to assure equal treatment of religious organizations as providers of social services (provisions in S. 1924, the original CARE bill). The House voted to extend charitable choice rules to numerous new programs (H.R. 7), as the President urged, but the Senate refused. However, in an Executive Order, President Bush on December 12, 2002, directed six cabinet-level departments and the Agency for International Development (AID) to bring policies concerning social service programs into line with charitable choice principles set forth in the Order. In general, these principles prohibit discrimination on the basis of religion against an organization seeking to provide federally funded services and require organizations to provide these services without regard to the religion of beneficiaries. The House passed H. R. 7 in July, 2001, but the bill aroused major controversy, especially over religious discrimination in employment and possible voucherization of social services. Opposition to charitable choice has brought together a coalition of religious and secular groups who, for different reasons, want to maintain separation of church and state-the former to protect their independence and sense of mission, the latter to guard against use of public funds for religious activities. In two cases concerning a Wisconsin faith-based program for drug addicts (Faith Works), direct government funding has been found unconstitutional, but indirect funding (by voucher) has been found constitutional. For background and selected legal issues on public aid and faith-based groups, see CRS Report RL31043. This report will be updated for developments. Charitable Choice Option in TANF Law. If a state chooses to administer and provide TANF services or benefits through a contract with a nongovernmental entity or to provide TANF recipients with certificates or vouchers redeemable with a private entity, it must allow religious organizations to participate on the same basis as any other nongovernmental provider without impairing the religious character of the organization and without diminishing the religious freedom of TANF beneficiaries. The law (Section 104 of P.L. 104-193) imposes the following rules: Direct government aid may not be used for sectarian worship, instruction, or proselytization (Subsection j); Congressional Research Service **** The Library of Congress