While the CARE Act has hit a snag in the Senate over the costs of tax cuts for charitable giving, non-tax portions of the bill dealing with federal grant rules for faith-based organizations could become even more controversial if the bill passes the Senate and goes to conference with the House. There have been private assurances that the Senate CARE Act, if it passes, would bypass a House-Senate conference. But advocates opposing the faith-based provisions in the House bill are very nervous that the House – as well as federal agencies -- will try to impose the “charitable choice” approach in HR 7, which passed the House last summer, to allow religious activity to be interwoven with government programs and relax grant rules and regulations for faith-based groups. For example: National Service Reauthorization: The National and Community Service Act of 1990 expressly prohibits discrimination based on religion by grantees in providing benefits and hiring of staff for federally funded positions. In late May Rep. Peter Hoekstra (R-MI), chair of the House Education and Workforce Committee’s Subcommittee on Education, unsuccessfully sought repeal of this language in the Citizens Service Act Act (HR 4854), the recently approved reauthorization of the program. Rep. Hoekstra’s proposal would have eliminated requirements that grant applicants file statements certifying that program funds would not be used to provide a direct benefit to “instruction as part of a program that includes religious worship” or to “construct or operate facilities devoted to religious worship and to maintain facilities primarily or inherently devoted to religious instruction or worship.” (Title 42 Chapter 129 Section 12584). He did not propose elimination of the ban on using federal funds for direct religious instruction or proselytization. The proposal was withdrawn in the face of a major public fight and opposition from Ranking Member George Miller (D-CA) and Rep. Bobby Scott (D-VA). The conservative Family Research Council furiously responded, claiming the “AmeriCorpse” bill “should not become the standard for the President’s faith-based efforts.” Department of Labor Grants: On April 17 Dept. of Labor Secretary Elaine Chao announced “the first new grant program in the entire federal government targeted specifically at the faith-based and community groups.” A total of $15.5 million for programs under the Workforce Investment Act of 1998 will have three components: $10 million to states and $5 million for regional intermediaries to link and develop networks of faith-based and community organizations with the One-Stop Career System, and $500,000 for 25 grants of $20,000-25,000 for faith and community based groups for employment training and other services. Like the National and Community Service Act, "http://usworkforce.org/wialaw.txt">Workforce Investment Act the Workforce Investment Act expressly prohibits discrimination based on religion by grantees in providing benefits and hiring of staff for federally funded positions. The April 17 grant announcements for state and intermediaries included requirements for compliance with this non-discrimination language, but the announcement for the small faith based and grassroots organizations failed to include it. On May 1 Americans United for Separation of Church and State sent DOL a letter objecting to the omission and requesting an amended grant announcement. The amended announcement was published in the Federal Register on May 13, stating that grant funds cannot be used for “instruction in religion or sacred literature, worship, prayer, proselytizing or other inherently religious practices”, and that grant recipients “may not and will not be defined by reference to religion.” In addition, the amended announcement makes it clear that religion may not be a requirement for receiving benefits or consideration for employment in the program. The announcement defines grassroots and small faith-based organizations as groups that have their headquarters in the community where they provide services, a social service budget of $300,000 or less and no more than six full time equivalent employees. Department of Education: Early this year the Dept. of Education also omitted civil rights protection requirements in its grant announcement for the 21st Century After School Program, created by the “Leave No Child Behind Act of 2001”. A coalition of civil rights, education and other organizations wrote to Education Secretary Roderick Paige in March, stating that the guidance must be amended to include the civil rights standards in the law. However, a new draft issued on May 13 only prohibits discrimination against beneficiaries, and contains confusing references to employment discrimination exemptions for religious organizations that only apply to non-federal funds. Another letter has been sent objecting that the new guidance does not mention the prohibition on religious discrimination against program staff that is part of the law. The Department of Health and Human Services issued a grant announcement for the Compassion Capital Fund on June 5. $25 million of the $30 million in the program will go to intermediary organizations that provide technical assistance to faith and community based groups. A 50% match will be required. Intermediaries will be able to make sub-grants for start up costs, operation or expansion of social service programs. The remaining $2 million will be used to create a National Resource Center to coordinate the intermediary grantees and “work directly” with then “to ensure that faith- and community based organizations receive effective and appropriate assistance”. It will also develop tools for general use by small organizations, including a web site. Another $1.6 million is set aside for research on model programs and best practices of grantees, and $1 million will be used for short-term research on “roles and promising approaches by diverse types of faith- and community-based organizations that focus on homelessness, hunger, at-risk children, the transition from welfare to work, and intensive services for those most in need such as addicts and prisoners.” The announcement states that funds cannot be used for worship, prayer or religious instruction. During Senate consideration of funding for the program last November a colloquy between Senators Jack Reed (D-RI), Tom Harkin (D-IA) and Arlen Specter (R-PA) stated “It is important to note that this appropriations bill is not changing any of the rules or standards for government funding of religious organizations…”