Senate May Consider CARE Act Soon - Lobbying and Speech Rights

Lobbying and Speech Rights: News Background Analysis Correspondence Blog

Published: 03/04/2003

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Senate May Consider CARE Act Soon

The scaled back version of the CARE Act (S 476) passed by the Senate Finance Committee is on a list of eleven items Senate leadership expects to take up in the next few weeks, possibly as early as the week of March 10. Once the bill reaches the floor Senators Rick Santorum (R-PA) and Joe Lieberman (D-CT) will offer their comprehensive version of CARE, S 272, as an amendment. S 272 includes “equal treatment” provisions for faith-based organizations seeking grants and authorization of the Compassion Capital Fund. (See our summary).

A host of other amendments are in the works, many responding to recent administrative action implementing controversial charitable choice proposals, including proposed regulations for a host of social service programs. (See our comments on proposed regulations. Possible amendments could address:

* civil rights in hiring & beneficiary protection
* direct funding of houses of worship
* proselytization to beneficiaries
* preemption of state/local laws
* accountability of intermediate grantors
* conversion of programs to vouchers

The CARE Act continues to be a mix of beneficial and problematic provisions. On the plus side, it could increase charitable giving, simplify the lobbying rules for 501(c)(3) organizations, increase funding for social services and improve nonprofit accountability to the public. On the negative side, its equal treatment language is so broad that it would allow recent administrative actions on charitable choice to stand, including proposed regulations that give little guidance on separating religious activity from government funded social services, inadequate accountability provisions and religious discrimination in hiring program staff. In addition, the administration has proposed regulations that allow use of HUD funds to construct or acquire buildings that will be used for both religious and government programs if costs are allocated proportionally. (See our summary of the proposed HUD regulations.

OMB Watch will post updates as soon as more information is available.