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1 1 (January 12, 2005)

handle is hein.crs/crsaiqd0001 and id is 1 raw text is: Order Code RS21924 Updated January 12, 2005 CRS Report for Congress Received through the CRS Web Charitable Choice: Expansion by Executive Action Joe Richardson Domestic Social Policy Division Summary Charitable choice laws, which seek to promote use of religious organizations as providers of social services without impairing the religious liberty of beneficiaries or the independence of religious providers, now apply to a limited set of programs (See CRS Report RL31042, Charitable Choice: House-Passed Version of H.R. 7 Compared with Existing Charitable Choice Laws). In his faith-based initiative, President Bush proposed a sweeping expansion of charitable choice coverage. The House passed an expansion bill (H.R. 7 of 2001), but it died in the Senate. The President then issued an executive order (EO 13279) covering most all federally funded public aid and social service programs (broadly defined) and ordered the relevant agencies, to the extent allowed by law, to bring their policies into conformity with basic charitable choice principles identified by him. Pursuant to the order, agencies have changed many rules. For instance, new regulations of two agencies permit use of government funds to construct buildings used for provision of both secular services and religious activities, provided the government-sponsored areas are not a principal place of worship. One department has dropped a rule forbidding use of federal money to train at a divinity school or department. One department, mindful of the White House public position that religious hiring rights must be preserved, has repealed regulations forbidding religious organizations to give preference to co-religionists when hiring staff. In general, the regulations distinguish between direct funding (contract or grant) and indirect public funding (voucher or certificate). They provide that if a religious organization engages in inherently religious activities, it must offer those services separately in time or location from any programs supported with direct federal funds and that beneficiary's participation must be voluntary. This report will be updated when events warrant. Table 1 compares selected provisions of the House-passed Charitable Choice Expansion Act of 2001 (Title II of H.R. 7; the most recent comprehensive congressional action), with the December 2002 Executive Order. It shows that three House provisions were not among charitable choice principles listed in EO 13279: (1) Authority for a Cabinet Secretary to require that some or all program funds be in the form of vouchers, certificates, or other indirect aid; (2) a stipulation that a religious organization participating in a covered social service program would retain its right to hire only co- religionists; and (3) a requirement for alternate providers for beneficiaries who object to Congressional Research Service *** The Library of Congress

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