Did you know that Clinton's 1996 'Welfare Reform' Act included a "charitable choice" provision (section 104, sponsored by JOHN ASHCROFT) that allows "faith-based organizations to receive governmental funds yet maintain their religious character, integrity, and autonomy"?
All along we've been blaming Bush alone for 'tearing down the wall that separates church and state. But he was simply taking advantage of and exploiting laws that were already on the books...put there by the Clinton administration.
Just as the Clinton Telecommunication's act opened the door for Right-Wing Media Monopolies...the 'Charitable Choice' provisions opened the door for the Bush administration to use Religion as a political tool and expand his voter base.
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"Charitable Choice is a set of provisions in law1 intended to allow and facilitate the participation of religious and faith-based organizations (FBOs) in federally funded social service programs on the same basis as any other non-governmental service provider. While religious organizations have been eligible to receive public aid under certain government programs for many years, charitable choice is unique in that it does not require participating FBOs to "secularize" themselves as a pre-condition to receiving public funds. To the contrary, charitable choice allows publicly funded religious organizations to retain their religious character and to employ their religious faith in carrying out secular social service programs, so long as the programs are administered in accord with the establishment of religion clause of the First Amendment." --- Brian Dillon
"Churches now face one of the greatest opportunities and challenges to use federal funds in the arena of social ministry, but with little government regulation. This opportunity is accompanied by two impassioned buzzwords of the 1990s: reform and choice.
Recently, Congress passed federal welfare reform legislation. This reform, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,1 was signed by President Clinton on August 22, 1996. PRWOR includes in Section 104 a provision known as Charitable Choice. Senator John Ashcroft (R–Missouri) is the sponsor of Section 104. One of his goals behind Charitable Choice is to see faith-based organizations expand their services to the public by cooperating with governmental officials. This cooperative effort would allow faith-based organizations to receive governmental funds yet maintain their religious character, integrity, and autonomy. --- KERT G. PARSLEY
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Assemblies of God USA
Charitable Choice: Government Funding for a Social Ministry
BY KERT G. PARSLEY
Opportunity
"The Lord secures justice for the poor and upholds the cause of the needy" (Psalm 140:12, NIV). We are admonished to remember and care for the poor and needy, yet America’s social and welfare status has reached a crisis. Churches now face one of the greatest opportunities and challenges to use federal funds in the arena of social ministry, but with little government regulation. This opportunity is accompanied by two impassioned buzzwords of the 1990s: reform and choice. Recently, Congress passed federal welfare reform legislation. This reform, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,1 was signed by President Clinton on August 22, 1996. PRWOR includes in Section 104 a provision known as Charitable Choice. Senator John Ashcroft (R–Missouri) is the sponsor of Section 104. One of his goals behind Charitable Choice is to see faith-based organizations expand their services to the public by cooperating with governmental officials. This cooperative effort would allow faith-based organizations to receive governmental funds yet maintain their religious character, integrity, and autonomy.
Available Funds
PRWOR applies to state programs created under the Temporary Assistance for Needy Families—the replacement for Aid to Families with Dependent Children. TANF expands AFDC, hoping that states will implement a range of services to help individuals become self-sufficient. This coincides well with activities of many faith-based organizations. Funds are available for: "job search, job-readiness, and job-skills training programs; community service positions; GED and ESL programs; nutrition and food-budgeting advice; second-chance or maternity homes for expectant unmarried minors who cannot live with their own parents; abstinence education; drug-treatment services; and health clinics."3
States can enter into two types of assistance with providers, either through direct contracts with the provider or indirectly through certificate or voucher programs. If the programs are direct contracts, then none of the funds expended can be used for "sectarian worship, instruction, or proselytization" Section 104 (j). Just as state government may not discriminate against providers or require them to discard or censor their religious emphasis, a faith-based provider may not discriminate against beneficiaries of those services. Their faith, or lack of it, may not be a precondition to receiving services, nor may a provider require beneficiaries to actively participate in religious practices.
This discrimination limitation applies only to PRWOR funds directly received in a purchase-of-services contract. If funds are indirectly received through the vehicle of certificates or vouchers, the provider may precondition services. The prohibition on expending funds for religious activities does not apply because it is the recipient who is free to choose among many providers—and chooses a faith-based one.
Government Regulation
Although allowing for governmental assistance, Section 104 of PRWOR does not bring what is perceived as the accompanying threat of governmental intervention. Such intervention has arisen previously, and regulations were so pervasive as to include controlling "church policy, hiring of personnel, and the content of religious programming."4 Faith-based providers neither have to cleanse their property of religious symbols or artwork nor alter their form of internal governance to participate under Charitable Choice.5
The primary extent of government intervention is in the area of fund accountability. The provider, faith based or not, is subject to account in accordance with generally accepted auditing principles for the use of federal funds. If the provider creates a separate account for those funds, then only that account shall be subject to the audit. An alternative is to create a separate corporation to manage/direct the funds. Charitable Choice widens the ability for faith-based providers to use federal funds in providing welfare services, while maintaining their own integrity and autonomy.
Kert G. Parsley, J.D., is the president of the Assemblies of God Loan Fund, Springfield, Missouri.
http://www.ag.org/top/empower/chuadm_fin_govfunding.cfm------------------------------------------------------------------
Governor's Executive Order - GWB 96-10
In December 1996, the Governor issued an Executive Order directing state agencies to begin aggressive implementation of the landmark "charitable choice" provision of the federal welfare law, which invites private and religious charities to deliver welfare services – while at the same time guarding the religious integrity of participating groups and religious freedom of beneficiaries. The Texas Workforce Commission, along with the local workforce development boards has actively executed the provisions set forth by the Governor in Executive Order (GWB 96-10) through partnerships with faith-based and community-based organizations. ---
http://www.twc.state.tx.us/svcs/charchoice/chchoice.html---------------------------------------------------
PRAXIS
975 Bascom Mall
University of Wisconsin Law School
Madison, WI 53706
praxis@law.wisc.edu
Spring 2002
Charitable Choice and Welfare Reform
Brian Dillon
Charitable Choice is a set of provisions in law1 intended to allow and facilitate the participation of religious and faith-based organizations (FBOs) in federally funded social service programs on the same basis as any other non-governmental service provider. While religious organizations have been eligible to receive public aid under certain government programs for many years, charitable choice is unique in that it does not require participating FBOs to "secularize" themselves as a pre-condition to receiving public funds. To the contrary, charitable choice allows publicly funded religious organizations to retain their religious character and to employ their religious faith in carrying out secular social service programs, so long as the programs are administered in accord with the establishment of religion clause of the First Amendment.
While the intentions of charitable choice are clear, many question whether religious organizations receiving direct government funds2 will be able to administer social service programs in a constitutional manner under the first amendment. Many also contend that certain provisions of charitable choice amount to federally funded employment discrimination. Despite these concerns, President Bush and his administration promote charitable choice and are pushing legislation to expand the role of faith-based, community, and grassroots organizations in the provision of social services to citizens in need. Publicly funded welfare is in the midst of a revolution, and if the Bush administration is successful in implementing this major piece of its agenda, charitable choice provisions will only continue the trends initiated by the Welfare Reform Act of 1996 - namely, the devolution of welfare and an increasing role for grassroots, community, and faith-based organizations in the provision of social services to those in need.
Since the passage of the 1996 Welfare Reform Act, the size and character of the nation's welfare rolls have changed significantly. Because the reform was implemented during a period of substantial economic growth, however, the debate continues as to the relative contributions of welfare policies and economic conditions to these changes. Still, the trends are clear and remarkable. First, since peaking at 5.1 million in March 1994, the total number of families on welfare has declined by more than half.3 Second, the employment rate for single mothers, the largest share of adults receiving Temporary Assistance for Needy Families (TANF), has increased from 57% in 1992 to almost 73% in 2000.4 Finally, the child poverty rate, which reached a high in the 1990s of 22%, dropped to 16.3% in 1999.5 Whether or not one deems the changes resulting from the 1996 Welfare Reform Act a "success" depends in part on how one defines the word. If getting people jobs and keeping them off of welfare rolls are the sole measures of success, then these numbers clearly mark a major step in the right direction. Admittedly, few can argue against the statistics - the "work-first" emphasis of the Welfare Reform Act has been successful in dealing with the economic aspects of poverty.
However, poverty is much more than an economic condition, and higher job rates and smaller welfare rolls alone are not adequate indicators of success. Recognizing this fact, Charitable Choice is an effort to fill the gaps left by the work-first emphasis of the 1996 Reform Act. Charitable choice proponents, in their attempt to fill these gaps, begin by emphasizing that people are more than material bodies and that poverty is more than a material condition. As explained by Mike Joyce, President and CEO of the Americans for Community and Faith-Centered Enterprise6, "Charitable choice seeks to expand the focus of welfare to address the spiritual and moral aspects of the condition that is poverty." ---
http://students.law.wisc.edu/praxis/2002/6.html