{ "id": "RL31030", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31030", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 100452, "date": "2001-06-22", "retrieved": "2016-05-24T20:23:05.376941", "title": "Comparison of Proposed Charitable Choice Act of 2001 with Current Charitable Choice Law", "summary": "This report provides a side-by-side comparison ( Table 1) of the charitable\nchoice provisions of\n H.R. 7 with those of the 1996 welfare reform law ( P.L. 104-193 ) and of later laws that\nextended charitable choice rules to the Community Services Block Grant Act ( P.L. 105-285 ) and to\nsubstance abuse treatment and prevention services under the Public Health Service Act (P.L 106-310\nand P.L. 106-554 ). (1) \n Common Provisions . The Charitable Choice Act (Title II of H.R. 7 )\n and the four\nexisting charitable choice laws provide that participating religious organizations shall retain their\nindependence from government, including control over the definition, development, practice, and\nexpression of their religious beliefs. All prohibit government from requiring religious organizations\nto alter their form of internal governance, or to remove religious art, icons, scripture, or other\nsymbols; all provide that the exemption of religious organizations under Section 702 of the Civil\nRights Act regarding hiring and firing is not affected by their participation in, or receipt of funds\nfrom programs covered by charitable choice. With one exception (Community Services Block Grant\nAct) all five measures provide that if a beneficiary or applicant objects to the religious character of\nthe organization providing help, an alternate and accessible provider must be made available. With\nthe same exception, all measures forbid a religious organization from discriminating against a\nbeneficiary or applicant on the basis of religion or religious belief. All charitable choice measures\nplace limits on use of federal funds for sectarian activities. In general, they prohibit use of funds\nprovided directly to a faith-based organization (by contract or grant) for sectarian worship,\ninstruction, or proselytization. With one exception (the 1996 welfare law) all measures require\nreligious organizations to segregate government funds into a separate account and stipulate that the\ngovernment may audit only the government funds. \n Differing Provisions . Two of the laws (the 1996 welfare law and one of the\n substance abuse\nmeasures) prohibit discrimination by a faith-based provider against a beneficiary for refusal to\nactively participate in a religious practice -- prohibiting denial of services for this refusal. \n H.R. 7 does not contain this prohibition. H.R. 7 alone explicitly allows\na faith-based provider, notwithstanding any other law, to require its employees to \"adhere to its\nreligious practices.\" H.R. 7 and the two substance abuse measures require the\ngovernment to notify beneficiaries and applicants of their right to an alternate provider. The 1996\nwelfare reform law is the only measure to state that its charitable choice provisions do not preempt\nany provision of state law that prohibits or restricts spending of state funds in or by religious\norganizations. \n 1. \u00a0 The major substantive difference between P.L. 106-310 \nand P.L. 106-554 is that the latter requires states\nto accept training provided to personnel by religious organizations if the training is substantially\nequivalent\nto credit-eligible training provided by nonreligious organizations and if the organization has a record\nof\nsuccessful drug treatment for the preceding 3 years.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL31030", "sha1": "ccb9c3c7c3039dd5e5c118f2b1d3e75396c30e01", "filename": "files/20010622_RL31030_ccb9c3c7c3039dd5e5c118f2b1d3e75396c30e01.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31030", "sha1": "1c0097f63d3ffcdeff1264a17c46bcfa2fd05949", "filename": "files/20010622_RL31030_1c0097f63d3ffcdeff1264a17c46bcfa2fd05949.pdf", "images": null } ], "topics": [] } ], "topics": [] }