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Faith-Based Initiative: Current Status
Part 2:  CRS Summary of Faith-Based Initiatives Act
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"Our rights were not lost, our rights were upheld in banning school prayer."
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Summary of the Faith-Based and Community Initiatives Act (H.R. 7)
As prepared by the Congressional Research Service - May 29, 2001

Title I: Charitable Giving Incentives Package - Amends the Internal Revenue Code to allow taxpayers who do not itemize a deduction for charitable contributions.

(Sec. 102) Permits tax-free distributions from an individual retirement account made directly to a qualified charity.

(Sec. 103) Sets forth a rule for determining the amount of the deduction allowable for a charitable contribution of food inventory.

(Sec. 104) Exempts a business entity from civil liability relating to any injury or death that results from the use of equipment, facilities (including tours of such facilities), or vehicles donated by such entity to a nonprofit organization, subject to stated exceptions.

Title II: Expansion of Charitable Choice - Charitable Choice Act of 2001 - Includes religious organizations as nongovernmental providers, provided that no Federal, State, or local government funds or other assistance that is received by a religious organization aids the religion, for purposes of programs concerning the: (1) prevention and treatment of juvenile delinquency and the improvement of the juvenile justice system; (2) prevention of crime; (3) Federal housing laws; (4) the Workforce Investment Act of 1998 (title I only); (5) Older Americans Act of 1965; (6) Child Care Development Block Grant Act of 1990; (7) Community Development Block Grant Program established under title I of the Housing and Community Development Act of 1974; (8) intervention in and prevention of domestic violence; (9) hunger relief activities of such organizations; (10) Job Access and Reverse Commute grant program; or (11) activities necessary to assist students in obtaining the recognized equivalents of secondary school diplomas and activities relating to non-school-hours programs.

States that the receipt by a religious organization of Federal, State, or local government funds is not and should not be perceived as an endorsement by the government of religion or the organization's religious beliefs or practices.

Permits a religious organization, in order to aid in the preservation of its religious character and notwithstanding any other provision of law, to require that its employees adhere to the religious practices of the organization.

Requires the appropriate Federal, State, or local governmental entity funding any of the above described programs, if a program beneficiary objects to the religious character of the organization from which the beneficiary receives, or would receive, assistance to provide to such beneficiary assistance that: (1) is an alternative, including a nonreligious alternative, that is accessible to the individual; and (2) has a value that is not less than the value of the assistance that the beneficiary would have received from such religious organization.

Prohibits discrimination by a religious organization receiving such program assistance against a beneficiary on the basis of religion, a religious belief, or a refusal to hold a religious belief.

Title III: Individual Development Accounts - Provides for the establishment of individual development accounts (IDAs) for taxpayers with incomes of up to $20,000 ($25,000 for heads of households and for $40,000 on a joint return) from which expenses may be made for: (1) qualified higher education expenses; (2) qualified first-time homebuyer costs; (3) qualified business capitalization or expansion costs; (4) qualified rollovers; or (5) a qualified final distribution.

Provides that an IDA programs shall consist of two components: (1) an IDA to which an eligible individual may contribute cash; and (2) a parallel account to which all matching funds shall be deposited. Defines a "parallel account" as a separate, parallel individual or pooled account for all matching funds and earnings dedicated to an IDA owner as part of a qualified IDA program, the sole owner of which is a qualified financial institution, a qualified nonprofit organization, or an Indian tribe. Requires the qualified financial institution, qualified nonprofit organization, or Indian tribe to deposit all matching funds for each IDA into a parallel account at a qualified financial institution, a qualified nonprofit organization, or an Indian tribe. Establishes an IDA tax credit for a qualified financial institution equal to the IDA investment provided.

Sets forth provisions concerning: (1) structure and administration of IDA programs; (2) procedures for opening and maintaining an IDA and qualifying for matching funds; (3) deposits by qualified IDA programs; (4) withdrawal procedures; (5) certification and termination of qualified IDA programs; (6) reporting, monitoring, and evaluation (and authorization of appropriations for such activities and implementing the IDA program); and (7) the disregarding of account funds for purposes of certain means-tested Federal programs.

 

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