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1 (February 19, 2002)

handle is hein.crs/crsuntaaati0001 and id is 1 raw text is: Order Code RS20712 Updated February 19, 2002 Charitable Choice and TANF Vee Burke Domestic Social Policy Division Summary A bipartisan group of Senators on February 8 introduced a measure (S. 1924) that the White House said represented an agreement to move a faith-based initiative out of the Senate. The House on July 19, 2001, passed legislation (H.R. 7) to expand charitable choice rules, which forbid discrimination on grounds of religion against a faith-based organization that seeks to provide federally funded services. However, no one has sponsored the House bill in the Senate because of controversy about it. S. 1924 omits the most disputed provisions of H.R. 7, but seeks to assure equal treatment for nongovernmental providers of federally-funded social services. As passed by the House, the Charitable Choice Act of 2001 (Title II of H.R. 7) would apply its rules, which are significantly different from those in four existing charitable choice laws, to nine new program areas. Under charitable choice, if a state or other grantee decides to use a nongovernmental body to administer a benefit or service, it cannot discriminate against faith-based organizations that apply to do so, and the religious organization generally is forbidden to discriminate against a beneficiary on grounds of religion. A large group of religious, civil rights, civil liberties, and education organizations known as the Coalition against Religious Discrimination opposes expansion of charitable choice. On January 8, 2002, a federal judge struck down as unconstitutional direct funding for a Wisconsin faith-based substance abuse treatment program (Faith Works) that she found was indoctrinating participants in religion. The judge said her decision did not deal with the constitutionality of the charitable choice section of the 1996 welfare law, which does not authorize direct funding of religious activities. For background and selected legal issues on public aid and faith-based organizations, 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: Congressional Research Service +* The Library of Congress CRS Report for Congress Received through the CRS Web

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