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eNews for Faith-Based Organizations

October 13, 2009

Editor: Stanley Carlson-Thies
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Task Force Makes Draft Recommendations to Advisory Council on the Faith-Based Initiative Today
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Draft Recommendations on the Faith-Based Initiative Made Today to the Advisory Council
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The "Reform of the Office" task force made draft recommendations today to President Obama's Advisory Council on Faith-Based and Neighborhood Partnerships, advocating clarification and some modifications of the church-state rules that currently govern the use of federal funds by faith-based and secular organizations.  Although these rules are sometimes said to have been created by the Bush faith-based initiative, other important sources are the Clinton-era "Charitable Choice laws," the 1964 Civil Rights Act, and various U.S. Supreme Court decisions.

The question of restricting religious hiring when federal funds are involved is reserved to the President and was not discussed. 

The Reform of the Office task force is one of six task forces.  At today's Council meeting, all of the task forces reported their draft recommendations, which were discussed by the Council members. The task forces next will reformulate the recommendations in light of the discussions.  Over the next few months, after receiving the final recommendations, the Council will decide whether to accept, reject, or modify the proposals from each task force, and then, early in the new year, will report its recommendations to the President.

The draft statement from the Reform of the Office task force:
  • Recommended new terminology and examples to explain that federal funds awarded directly to faith-based groups cannot be used for "explicitly religious activities," although such activities can be offered on a voluntary basis, separately from the federally funded program. 
  • Advocates broad adoption of the principles of a Bush administration document, "Safeguards Required."  The document stems from a court case in which a faith-based organization was found to have violated the requirement of the Bush administration regulations that inherently religious activities be kept separate from the services directly supported by federal funds.
  • Did not agree with some task force members, who proposed that religious symbols should have to be removed or hidden if a room is used to provide federally funded services.  No such recommendation was made.
  • Recommended that government should make it easier for groups to obtain 501(c)(3) status.  Task force members favor encouraging churches and other houses of worship to consider how to create the appropriate church-state separation if they seek government funds to provide services.  But there was no agreement that there is only one way to fulfill the constitutional requirements and to safeguard the autonomy of the houses of worship.
  • Proposed that beneficiaries should be able to ask for an alternative service provider if they object to a faith-based provider-expanding to all federally funded social services a protection that currently is in programs with Charitable Choice language. 
  • Advocated action to reassure the public and grant applicants that officials of the faith-based initiative do not make, and do not influence, funding decisions.  Another recommendation seeks to remove even the appearance that the faith-based initiative might be misused for partisan ends.
  • Recommended that federal officials should make it clear that the initiative is concerned about more than federal funding and is intended also to promote nonfinancial governmental encouragement of and partnerships with community groups.
  • Recommended that federal officials should emphasize that most federal funding is awarded to private groups by state or local officials, not out of Washington DC, and that the federal church-state rules accompany the federal money. 
  • Advocated that there should be better monitoring of private groups that receive federal funds to make sure that all the rules, both church-state and other standards, are respected. 
  • Advocated that it should be easier to find the rules and guidance that apply to federally funded services, and to discover which organizations won the awards.
  • Recommended, in order to help faith-based organizations decide which programs might be suitable, that officials should make it clear up front which programs are funded "directly" by government and which are funded "indirectly" and thus permit religious activities to be offered as part of the government-funded service.

The draft recommendations will be posted on the soon-to-be unveiled website of the Office of Faith-Based and Neighborhood Partnerships.

Members of the public are invited to submit comments on the recommendations.

Five other task forces also reported recommendations to the Advisory Council.  The other task forces are these: Fatherhood and healthy families; Global poverty and development; Inter-religious cooperation; Environmental and climate change; Economic recovery and domestic poverty.  Their draft recommendations also will be posted later.

  For further information:
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The Institutional Religious Freedom Alliance works to safeguard the religious identity, faith-based standards and practices, and faith-shaped services of faith-based organizations across the range of service sectors and religions, enabling them to make their distinctive and best contributions to the common good.