{
  "id": "RL30388",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL30388",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 101749,
      "date": "2000-12-27",
      "retrieved": "2016-05-24T20:31:16.755941",
      "title": "Charitable Choice: Constitutional Issues and Developments Through the 106th Congress",
      "summary": "Charitable choice seeks to expand the universe of religious organizations that can participate in\npublicly funded social service programs. The establishment of religion clause of the First\nAmendment has long been construed to allow religious organizations to participate in such\nprograms. But in the past it has generally been interpreted to require publicly funded religious social\nservices providers to be incorporated separately from their sponsoring religious institutions, to forego\nreligious activities and proselytizing in the publicly funded programs, and to remove religious\nsymbols from the premises where the services are provided. Charitable choice attempts to allow\nreligious organizations to retain their religious character and to employ their religious faith in\ncarrying out publicly funded programs.\n  Four charitable choice provisions have been enacted into law (although two overlap), and in the\n106th Congress either the House or the Senate or a committee approved an additional seven. All of\nthese provisions state their purpose to be to allow religious organizations to participate as contractors\nor grantees in publicly funded social service programs \"on the same basis as any other\nnongovernmental provider\" without impairing their religious character. To protect their religious\ncharacter, the provisions direct that a religious grantee or contractor \"shall retain ... control over the\ndefinition, development, practice, and expression of its religious beliefs\"; bar government from\ndiscriminating against an applicant \"on the basis that the organization has a religious character\";\nprohibit government from requiring such an organization to alter its form of governance or to remove\nreligious art and other symbols as a condition of eligibility; specify that religious contractors and\ngrantees can discriminate on religious grounds in their employment practices; and (with two\nexceptions) allow such contractors and grantees to use their own funds to promote sectarian worship,\ninstruction, and proselytization in the funded programs.\n  But in part as the result of amendments adopted on the Senate floor during the welfare reform\ndebate, the charitable choice provisions also all require that the programs be implemented in a\nmanner consistent with the establishment clause; bar the use of public funds received directly by\nreligious organizations (but not indirectly, if the underlying program so allows) for \"sectarian\nworship, instruction, or proselytization\"; and permit government to require religious grantees to be\nseparately incorporated from their sponsoring religious institution.\n  As a consequence of these various provisions, questions have been raised about the internal\nconsistency of the charitable choice measures and whether administering agencies can, in fact,\ncomply with all of their terms. Questions have also been raised about the constitutionality of\ncharitable choice under the establishment clause.\n  This report provides background on the concept of charitable choice, summarizes the provisions\nand the legislative histories of the measures that have been approved, and examines the constitutional\nissues raised by such measures. It concludes with a chart comparing the provisions of the measures\nacted on to date. The report will not be updated.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/pdf/RL30388",
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      ],
      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Constitutional Questions",
    "Health Policy"
  ]
}