[Congressional Record Volume 144, Number 56 (Thursday, May 7, 1998)]
[Senate]
[Pages S4534-S4535]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ASHCROFT:
  S. 2046. A bill to ensure that Federal, State and local governments 
consider all nongovernmental organizations on an equal basis when 
choosing such organizations to provide assistance under certain 
government programs, without impairing the religious character of any 
of the organizations, and without diminishing the religious freedom of 
beneficiaries of assistance funded under such programs, and for other 
purposes; to the Committee on Governmental Affairs


              the charitable choice expansion act of 1998

  Mr. ASHCROFT. Mr. President, for years, America's charities and 
churches have been transforming shattered lives by addressing the 
deeper needs of people--by instilling hope and values which help change 
behavior and attitudes. By contrast, government social programs have 
failed miserably in moving recipients from dependency and despair to 
responsibility and independence.

  Successful faith-based organizations now have a new opportunity to 
transform the character of our welfare system under the ``Charitable 
Choice'' provision contained in the 1996 welfare reform law. Charitable 
Choice allows--but does not require--states to contract with 
charitable, religious or private organizations, or to create voucher 
systems, to deliver welfare services within the states. The provision 
requires states to consider these organizations on an equal basis with 
other private groups once a state decides to use nongovernmental 
organizations.
  The Charitable Choice legislation provides specific protections for 
religious organizations when they provide services. For example, the 
government cannot discriminate against an organization on the basis of 
its religious

[[Page S4535]]

character. A participating faith-based organization retains its 
independence from government, including control over the definition, 
development, practice, and expression of its religious beliefs.
  Additionally, the government cannot require a religious organization 
to alter its form of internal governance or remove religious art, 
icons, or symbols to be eligible to participate. Finally, religious 
organizations may consider religious beliefs and practices in their 
employment decisions.
  The Charitable Choice legislation also provides specific protections 
to beneficiaries of assistance. A religious organization can't 
discriminate against a beneficiary on account of religion. And if a 
beneficiary objects to receiving services from a religious 
organization, he or she has a right to an alternate provider.
  Finally, there is a limitation on use of government funds. Federal 
contract dollars cannot be used for sectarian worship, instruction, or 
proselytization.
  I would like to give a couple of examples of how the Charitable 
Choice provision of the welfare law is currently working.
  Last fall, Payne Memorial Outreach Center, the non-profit community 
development arm of the 100-year-old Payne Memorial African Methodist 
Episcopal Church, in Baltimore, received a $1.5 million state contract 
to launch an innovative job training and placement program. In a matter 
of only five months, over 100 welfare recipients successfully obtained 
employment through their participation in Payne's program. A brochure 
from this dynamic faith-based institution describes why Payne is 
successful: ``The Intensive Job Service Program reaches out in love to 
Baltimore's most disenfranchised, helping them to identify and 
strengthen their God-given talents--releasing and developing their 
human possibilities.''
  Another example of Charitable Choice at work is in Shreveport, 
Louisiana, where the ``Faith and Families'' program, under a contract 
with the state, is running a successful job placement program. Faith 
and Families offers job-readiness classes in northwestern Louisiana, 
helps set up job interviews, and opens doors into the workplace.
  The program also links welfare families with faith communities. 
Churches are asked to adopt a family and provide assistance--possibly 
child care, transportation, work experience, tutoring, and 
encouragement--that will help them make the transition from welfare to 
work.
  I spoke with the director of Faith and Families in Shreveport just 
last week, and he told me that his organization has helped 400 people 
get off welfare and find jobs.
  These examples demonstrate that under the Charitable Choice provision 
of the welfare law, caring, faith-based organizations are providing 
effective services that help individuals move from dependency to 
independence, from despair to dignity.
  With this in mind, today I am introducing ``The Charitable Choice 
Expansion Act of 1998,'' which expands the Charitable Choice concept to 
all federal laws which authorize the government to use non-governmental 
entities to provide services to beneficiaries with federal dollars.

  The substance of the Charitable Choice Expansion Act is virtually 
identical to that of the original Charitable Choice provision of the 
welfare reform law. The only real difference between the two provisions 
is that the new bill covers many more federal programs than the 
original provision.
  While the original Charitable Choice provision applies mainly to the 
new welfare reform block grant program, the Charitable Choice Expansion 
Act applies to all federal government programs in which the government 
is authorized to use nongovernmental organizations to provide federally 
funded services to beneficiaries. Some of the programs that will be 
covered include: housing, substance abuse prevention and treatment, 
juvenile services, seniors services, the Community Development Block 
Grant, the Community Services Block Grant, the Social Services Block 
Grant, abstinence education, and child welfare services.
  The legislation does not cover elementary and secondary education 
programs--except it does cover GED programs--or higher education 
programs. Further, the bill does not affect the Head Start program or 
the Child Care Development Block Grant program, both of which already 
contain certain provisions regarding the use of religious organizations 
in delivering services under those programs.
  We have taken measures to strengthen the bill by providing more 
protections to both beneficiaries and religious organizations. For 
example, the government must ensure that beneficiaries receive notice 
of their right under the bill to object to receiving services from a 
religious organization. Additionally, religious organizations must 
segregate their own private funds from government funding.
  This proposal is necessary because while some areas of the law may 
not contain discriminatory language towards religious organizations, 
many government officials may assume wrongly that the Establishment 
Clause bars religious organizations from participating as private 
providers.
  The Charitable Choice Expansion Act embodies existing case precedents 
to clarify to government officials and religious organizations alike 
that it is constitutionally allowable, and even constitutionally 
required, to consider religious organizations on an equal basis with 
other private providers. It is my hope that these protections in the 
law will encourage successful charitable and faith-based organizations 
to expand their services while assuring them that they will not have to 
extinguish their religious character when receiving government funds.
  I am pleased to say that there is broad-based support for the 
Charitable Choice Expansion Act. Some of the organizations supporting 
the concept of this legislation include Agudath Israel, American Center 
for Law and Justice, Call to Renewal, Center for Public Justice, 
Christian Coalition, Christian Legal Society, the Coalition on Urban 
Renewal and Education, National Association of Evangelicals, the 
National Center for Neighborhood Enterprise, the Salvation Army, Teen 
Challenge International USA, and World Vision.
  America's faith-based charities and nongovernmental organizations, 
from the Salvation Army to Catholic Charities, have moved people 
successfully from dependency and despair to the dignity of self-
reliance. Government alone will never cure our societal ills. We need 
to find ways to help unleash the cultural remedy administered so 
effectively by charitable and religious organizations. Allowing a 
``charitable choice'' will help transform the lives of those in need 
and unleash an effective response to today's challenges in our culture.
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