Charitable Choice, Faith-Based Initiatives, and TANF
Publication Date: August 2004
Publisher: Library of Congress. Congressional Research Service
Author(s):
Research Area: Social conditions
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Abstract:
After the death of the Charitable Choice Expansion Act of 2001 (Title II of H.R. 7), President Bush issued an executive order directing several Cabinet departments to adopt charitable choice rules in their social service programs. These rules seek to promote the use of religious groups as providers of social services while protecting the religious freedom of beneficiaries. In response to the order, several departments have made final regulatory changes, and other departments have proposed changes in rules. For faith-based initiative projects during FY2004, Congress appropriated $103 million (P.L. 108-199); and for FY2005, the President's budget requests $165 million. The 108th Congress resumed efforts to pass tax incentives for private giving (S. 476, passed by the Senate, and H.R. 7, passed by the House). However, these bills do not contain basic charitable choice rules.
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 of religious activity has been found unconstitutional, but indirect funding (by voucher) has been found constitutional. In a related case, the U.S. District Court for the District of Columbia on July 2, 2004, found unconstitutional awards made to AmeriCorps participants who were placed as teachers in sectarian schools and who engaged in religious instruction and activities during the school day.
For legal and constitutional issues raised by charitable choice, see CRS Report RL32195. This report will be updated for developments.