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  Answer ID  
445
  Category  
Grants & Funding
  Faith-Based & Community Organizations
  Date Updated  
09/23/2004 08:29 AM

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  What are the key points of the Charitable Choice laws?
  Question
  What are the key points of the Charitable Choice laws?
  Answer
  The Charitable Choice laws apply to four Federal programs: Temporary Assistance to Needy Families (TANF) and the Community Services Block Grant (CSBG) programs (both overseen by the Administration for Children and Families at the United States Department of Health and Human Services (HHS)); programs for substance abuse and mental health (overseen by the Substance Abuse and Mental Health Services Administration (SAMHSA) at HHS); and the Welfare-to-Work program (overseen by the Department of Labor).

These laws clarify both the rights and the responsibilities of faith-based organizations that receive Federal funds. They specify that faith-based organizations cannot be excluded from the competition for Federal funds simply because they are religious. These laws also provide that faith-based organizations that receive Federal funds may continue to carry out their missions consistent with their beliefs. For example, they may maintain a religious environment in their facilities, and they may consider their religious beliefs in hiring and firing employees.

The Charitable Choice laws also impose certain restrictions on faith-based organizations. They spell out specific “do’s” and “don’ts” for faith-based groups receiving Federal money. The laws specify that religious organizations that receive Federal funds must serve all eligible participants, regardless of those persons’ religious beliefs. They also prohibit religious organizations from using Federal funds to support any inherently religious activities (such as worship, religious instruction, or proselytization).

In addition, recipients of services provided under Charitable Choice laws have a right to be provided with services from a non-religious provider. President Bush believes that recipients of Federal services should be offered a choice of providers. That is why it is preferable to have a range of providers, both secular and faith-based.

In addition to these requirements, the Community Service Block Grant and SAMHSA versions of the Charitable Choice laws also require religious organizations to maintain separate accounts for the Federal funds they receive.

Source: Guidance to Faith-Based and Community Organizations on Partnering with the Federal Government (published by the White House Office of Faith-Based and Community Initiatives 2002)
http://www.whitehouse.gov/government/fbci/guidance_document.pdf
 
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