As I posted earlier, the Faith Advisory Council has approved task force recommendations and will meet with White House officials next week to discuss the report. Of particular church-state note, recommendations 4-12 of the office reform suggestions deal specifically with "strengthening the constitutional and legal footing of partnerships." You could, of course, read the whole thing for yourself, but then what would I be here for? In the extended entry below are key excerpts from those important recommendations. As I posted earlier, the Faith Advisory Council has approved task force recommendations and will meet with White House officials next week to discuss the report. Of particular church-state note, recommendations 4-12 of the office reform suggestions deal specifically with "strengthening the constitutional and legal footing of partnerships." You could, of course, read the whole thing for yourself, but then what would I be here for? In the extended entry below are key excerpts from those important recommendations.
Recommendation 4 raises the importance of following constitutional protections:
Council recommends that the Administration amend Executive Order 13279 to make it clear that fidelity to constitutional principles is an objective that is as important as the goal of distributing Federal financial assistance in the most effective and efficient manner possible.
Recommendation 5 seeks to clarify direct funding guidelines:
Existing Federal regulations and an executive order prohibit the use of direct government aid… for “inherently religious activities, such as worship, religious instruction, and proselytization.” The Council recommends that the Administration replace the words “inherently religious activities” with “explicitly religious activities” …. The Council also recommends that the Administration provide additional examples of activities that constitute “explicitly religious activities” in regulatory or guidance materials.
Recommendation 6 seeks to emphasize the importance of separating religious from non-religious activities in service providers using federal money.
Regulations and guidance regarding the use of Federal social service funds should give prominent and equal emphasis to the following requirements: (1) when the Government directly funds a program, any explicitly religious activities offered by a provider must be privately funded, separate in time or location from the government-funded program, and voluntary for beneficiaries; and (2) nongovernmental providers that receive Federal grant or contract funds may maintain their institutional religious identity in the ways described below.
Recommendation 7 seeks to clarify the distinction between "direct" and "indirect" aid:
[T]he Administration should clearly label each program it offers as involving direct or indirect aid, so that providers can better assess, sooner rather than later in the process, whether a program might suit their particular institutional commitments and structure.
Recommendation 8 suggests more transparency in the funding process:
The Council recommends that the Administration require governmental bodies that disburse Federal social service funds to post online all guidance documents for nongovernmental organizations that provide those services as well as other documents needed to receive and maintain Federal funding, including requests for proposals, grants, contracts, and assurances. It also recommends that the Administration require governmental bodies to post online a list of entities that receive such aid and to do so in a timely manner.
Recommendation 9 seeks to bolster federal efforts to monitor the legal requirements affecting faith-based partnerships with government:
The Council recommends that Executive Order 13279 be amended to describe the Government’s obligation to monitor and enforce constitutional, statutory, and regulatory requirements relating to the use of Federal social service funds, including the constitutional obligation to monitor and enforce church-state standards in ways that avoid excessive entanglement between religion and government.
The Council further recommends that associated regulations and guidance materials be similarly revised. All grants and contracts involving federally funded social services should set forth applicable responsibilities and restrictions following those funds, and organizations that are awarded such funds should undergo training about these responsibilities and restrictions.
The Administration also should ensure that church-state safeguards are included in the monitoring tools used in the audit required of non-Federal entities expending $500,000 or more annually in Federal funds and in all other audits of non-Federal entities receiving Federal social service funds. Each governmental body disbursing Federal funds must have a mechanism in place to allow that body to take necessary enforcement actions for noncompliance with church-state standards as well as other applicable standards.
Recommendation 10 seeks to strengthen the religious liberty protections of clients and beneficiaries:
Existing statutes and Federal executive branch regulations, an executive order, and guidance materials provide that all organizations that receive Federal funds for the purpose of delivering social welfare services are prohibited from discriminating against beneficiaries or potential beneficiaries of those programs on the basis of religion or religious belief. There is variance among these authorities about the specifics of the protections, but the principle they seek to uphold is uniform.
The Council recommends that such requirements and protections continue to be clearly stated in all Requests for Proposals (RFPs), contracts and guidance materials, and monitoring guidelines.
The Council further recommends that the Administration take certain additional steps to bolster the protections of beneficiaries’ rights and make the protections uniform across Federal programs.
Recommendation 11 seeks to make formalizing 501(c)(3) status a simpler process:
The Council recommends that the Administration reduce some of the administrative burdens and other costs associated with obtaining formal recognition of 501(c)(3) status, because this reduction would facilitate the voluntary pursuit of that formal recognition and the creation of separate 501(c)(3) entities.
Recommendation 12 looks at "other means" of protecting religious liberty:
The Council recommends that the Administration comprehensively gather existing, successful means of keeping direct aid separate from explicitly religious activities and promote those means to faith-based providers that may receive such aid.
