IB
Union Calendar No. 81
107TH CONGRESS
1ST SESSION
H. R. 7
[Report No. 107–138, Parts I and II]
To provide incentives for charitable contributions by individuals and busi-
nesses, to improve the effectiveness and efficiency of government program
delivery to individuals and families in need, and to enhance the ability
of low-income Americans to gain financial security by building assets.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 2001
Mr. WATTS of Oklahoma (for himself, Mr. HALL of Ohio, and Mr. HASTERT)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
JULY 12, 2001
Reported from the Committee on the Judiciary with amendments
[Omit the part struck through and insert the part printed in italic]
JULY 16, 2001
Additional sponsors: Mr. PITTS, Mr. KOLBE, Mrs. NORTHUP, Mr. GREEN of
Wisconsin, Mr. BACHUS, Mr. TIAHRT, Mr. BARR of Georgia, Mr. BROWN
of South Carolina, Mr. SMITH of New Jersey, Mr. CRENSHAW, Mr. EHR-
LICH, Mr. LEWIS of Kentucky, Mr. LEACH, Mr. ENGLISH, Mr. HYDE,
Mr. CHABOT, Mr. SMITH of Texas, Mr. GILLMOR, Mr. HEFLEY, Mr.
RADANOVICH, Mr. PICKERING, Ms. HART, Mr. BLUNT, Mr. TANCREDO,
Mrs. ROUKEMA, Mr. KELLER, Mr. BARTON of Texas, Mr. DEMINT, Mr.
PETERSON of Pennsylvania, Mr. SESSIONS, Mr. SCHROCK, Mr. GRUCCI,
Mr. KINGSTON, Mr. HALL of Texas, Mr. WOLF, Mr. CALVERT, Mr. NOR-
WOOD, Mr. WICKER, Mr. SHOWS, Mr. LATHAM, Mr. CAMP, and Mr.
RAMSTAD
JULY 16, 2001
Reported from the Committee on Ways and Means with an amendment, com-
mitted to the Committee of the Whole House on the State of the Union,
and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
A BILL
To provide incentives for charitable contributions by individ-
uals and businesses, to improve the effectiveness and
efficiency of government program delivery to individuals
and families in need, and to enhance the ability of low-
income Americans to gain financial security by building
assets.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Community Solutions Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title; table of contents.
TITLE I—CHARITABLE GIVING INCENTIVES PACKAGE
Sec. 101. Deduction for portion of charitable contributions to be allowed to in-
dividuals who do not itemize deductions.
Sec. 102. Tax-free distributions from individual retirement accounts for chari-
table purposes.
Sec. 103. Charitable deduction for contributions of food inventory.
Sec. 104. Charitable donations liability reform for in-kind corporate contribu-
tions.
TITLE II—EXPANSION OF CHARITABLE CHOICE
Sec. 201. Provision of assistance under government programs by religious and
community organizations.
TITLE III—INDIVIDUAL DEVELOPMENT ACCOUNTS
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Structure and administration of qualified individual development ac-
count programs.
Sec. 304. Procedures for opening and maintaining an individual development
account and qualifying for matching funds.
Sec. 305. Deposits by qualified individual development account programs.
Sec. 306. Withdrawal procedures.
Sec. 307. Certification and termination of qualified individual development ac-
count programs.
Sec. 308. Reporting, monitoring, and evaluation.
Sec. 309. Authorization of appropriations.
Sec. 310. Account funds disregarded for purposes of certain means-tested Fed-
eral programs.
Sec. 311. Matching funds for individual development accounts provided through
a tax credit for qualified financial institutions.
TITLE I—CHARITABLE GIVING
INCENTIVES PACKAGE
SEC. 101. DEDUCTION FOR PORTION OF CHARITABLE CON-
TRIBUTIONS TO BE ALLOWED TO INDIVID-
UALS WHO DO NOT ITEMIZE DEDUCTIONS.
(a) IN GENERAL.—Section 170 of the Internal Rev-
enue Code of 1986 (relating to charitable, etc., contribu-
tions and gifts) is amended by redesignating subsection
(m) as subsection (n) and by inserting after subsection
(l) the following new subsection:
‘‘(m) DEDUCTION FOR INDIVIDUALS NOT ITEMIZING
DEDUCTIONS.—In the case of an individual who does not
itemize his deductions for the taxable year, there shall be
taken into account as a direct charitable deduction under
section 63 an amount equal to the lesser of—
‘‘(1) the amount allowable under subsection (a)
for the taxable year, or
‘‘(2) the amount of the standard deduction.’’
(b) DIRECT CHARITABLE DEDUCTION.—
(1) IN GENERAL.—Subsection (b) of section 63
of such Code is amended by striking ‘‘and’’ at the
end of paragraph (1), by striking the period at the
end of paragraph (2) and inserting ‘‘, and’’, and by
adding at the end thereof the following new para-
graph:
‘‘(3) the direct charitable deduction.’’
(2) DEFINITION.—Section 63 of such Code is
amended by redesignating subsection (g) as sub-
section (h) and by inserting after subsection (f) the
following new subsection:
‘‘(g) DIRECT CHARITABLE DEDUCTION.—For pur-
poses of this section, the term ‘direct charitable deduction’
means that portion of the amount allowable under section
170(a) which is taken as a direct charitable deduction for
the taxable year under section 170(m).’’
(3) CONFORMING AMENDMENT.—Subsection (d)
of section 63 of such Code is amended by striking
‘‘and’’ at the end of paragraph (1), by striking the
period at the end of paragraph (2) and inserting ‘‘,
and’’, and by adding at the end thereof the following
new paragraph:
‘‘(3) the direct charitable deduction.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
the date of the enactment of this Act.
SEC. 102. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RE-
TIREMENT 
ACCOUNTS 
FOR 
CHARITABLE
PURPOSES.
(a) IN GENERAL.—Subsection (d) of section 408 of
the Internal Revenue Code of 1986 (relating to individual
retirement accounts) is amended by adding at the end the
following new paragraph:
‘‘(8) DISTRIBUTIONS
FOR
CHARITABLE
PUR-
POSES.—
‘‘(A) IN GENERAL.—No amount shall be
includible in gross income by reason of a quali-
fied charitable distribution from an individual
retirement account to an organization described
in section 170(c).
‘‘(B) SPECIAL RULES RELATING TO CHARI-
TABLE
REMAINDER
TRUSTS, POOLED
INCOME
FUNDS, AND CHARITABLE GIFT ANNUITIES.—
‘‘(i) IN GENERAL.—No amount shall
be includible in gross income by reason of
a qualified charitable distribution from an
individual retirement account—
‘‘(I) to a charitable remainder
annuity trust or a charitable remain-
der unitrust (as such terms are de-
fined in section 664(d)),
‘‘(II) to a pooled income fund (as
defined in section 642(c)(5)), or
‘‘(III) for the issuance of a chari-
table gift annuity (as defined in sec-
tion 501(m)(5)).
The preceding sentence shall apply only if
no person holds an income interest in the
amounts in the trust, fund, or annuity at-
tributable to such distribution other than
one or more of the following: the individual
for whose benefit such account is main-
tained, the spouse of such individual, or
any organization described in section
170(c).
‘‘(ii) DETERMINATION OF INCLUSION
OF
AMOUNTS
DISTRIBUTED.—In deter-
mining the amount includible in the gross
income of any person by reason of a pay-
ment or distribution from a trust referred
to in clause (i)(I) or a charitable gift annu-
ity (as so defined), the portion of any
qualified charitable distribution to such
trust or for such annuity which would (but
for this subparagraph) have been includible
in gross income—
‘‘(I) shall be treated as income
described in section 664(b)(1), and
‘‘(II) shall not be treated as an
investment in the contract.
‘‘(iii) NO INCLUSION FOR DISTRIBU-
TION
TO
POOLED
INCOME
FUND.—No
amount shall be includible in the gross in-
come of a pooled income fund (as so de-
fined) by reason of a qualified charitable
distribution to such fund.
‘‘(C) QUALIFIED
CHARITABLE
DISTRIBU-
TION.—For purposes of this paragraph, the
term ‘qualified charitable distribution’ means
any distribution from an individual retirement
account—
‘‘(i) which is made on or after the
date that the individual for whose benefit
the account is maintained has attained age
591⁄2, and
‘‘(ii) which is made directly from the
account to—
‘‘(I) an organization described in
section 170(c), or
‘‘(II) a trust, fund, or annuity re-
ferred to in subparagraph (B).
‘‘(D) 
DENIAL
OF
DEDUCTION.—The
amount allowable as a deduction under section
170 to the taxpayer for the taxable year shall
be reduced (but not below zero) by the sum of
the amounts of the qualified charitable distribu-
tions during such year which would be includ-
ible in the gross income of the taxpayer for
such year but for this paragraph.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to taxable years beginning after
the date of the enactment of this Act.
SEC. 103. CHARITABLE DEDUCTION FOR CONTRIBUTIONS
OF FOOD INVENTORY.
(a) IN GENERAL.—Subsection (e) of section 170 of
the Internal Revenue Code of 1986 (relating to certain
contributions of ordinary income and capital gain prop-
erty) is amended by adding at the end the following new
paragraph:
‘‘(7) SPECIAL RULE FOR CONTRIBUTIONS OF
FOOD INVENTORY.—For purposes of this section—
‘‘(A) CONTRIBUTIONS BY NON-CORPORATE
TAXPAYERS.—In the case of a charitable con-
tribution of food by a taxpayer, paragraph
(3)(A) shall be applied without regard to wheth-
er or not the contribution is made by a corpora-
tion.
‘‘(B) LIMIT ON REDUCTION.—In the case
of a charitable contribution of food which is a
qualified contribution (within the meaning of
paragraph (3)(A), as modified by subparagraph
(A) of this paragraph)—
‘‘(i) paragraph (3)(B) shall not apply,
and
‘‘(ii) the reduction under paragraph
(1)(A) for such contribution shall be no
greater than the amount (if any) by which
the amount of such contribution exceeds
twice the basis of such food.
‘‘(C) DETERMINATION
OF
BASIS.—For
purposes of this paragraph, if a taxpayer uses
the cash method of accounting, the basis of any
qualified contribution of such taxpayer shall be
deemed to be 50 percent of the fair market
value of such contribution.
‘‘(D) DETERMINATION
OF
FAIR
MARKET
VALUE.—In the case of a charitable contribu-
tion of food which is a qualified contribution
(within the meaning of paragraph (3), as modi-
fied by subparagraphs (A) and (B) of this para-
graph) and which, solely by reason of internal
standards of the taxpayer, lack of market, or
similar circumstances, or which is produced by
the taxpayer exclusively for the purposes of
transferring the food to an organization de-
scribed in paragraph (3)(A), cannot or will not
be sold, the fair market value of such contribu-
tion shall be determined—
‘‘(i) without regard to such internal
standards, such lack of market, such cir-
cumstances, or such exclusive purpose, and
‘‘(ii) if applicable, by taking into ac-
count the price at which the same or simi-
lar food items are sold by the taxpayer at
the time of the contribution (or, if not so
sold at such time, in the recent past).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to taxable years beginning after
December 31, 2001.
SEC.
104.
CHARITABLE
DONATIONS
LIABILITY
REFORM
FOR IN-KIND CORPORATE CONTRIBUTIONS.
(a) DEFINITIONS.—For purposes of this section:
(1) AIRCRAFT.—The term ‘‘aircraft’’ has the
meaning provided that term in section 40102(6) of
title 49, United States Code.
(2) BUSINESS
ENTITY.—The term ‘‘business
entity’’ means a firm, corporation, association, part-
nership, consortium, joint venture, or other form of
enterprise.
(3) EQUIPMENT.—The term ‘‘equipment’’ in-
cludes mechanical equipment, electronic equipment,
and office equipment.
(4) FACILITY.—The term ‘‘facility’’ means any
real property, including any building, improvement,
or appurtenance.
(5)
GROSS
NEGLIGENCE.—The
term
‘‘gross
negligence’’ means voluntary and conscious conduct
by a person with knowledge (at the time of the con-
duct) that the conduct is likely to be harmful to the
health or well-being of another person.
(6)
INTENTIONAL
MISCONDUCT.—The
term
‘‘intentional misconduct’’ means conduct by a person
with knowledge (at the time of the conduct) that the
conduct is harmful to the health or well-being of an-
other person.
(7) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ has the meaning provided that term in section
30102(6) of title 49, United States Code.
(8)
NONPROFIT
ORGANIZATION.—The
term
‘‘nonprofit organization’’ means—
(A) any organization described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of
such Code; or
(B) any not-for-profit organization orga-
nized and conducted for public benefit and op-
erated
primarily
for
charitable,
civic,
edu-
cational, religious, welfare, or health purposes.
(9) STATE.—The term ‘‘State’’ means each of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Northern Mariana Is-
lands, any other territory or possession of the
United States, or any political subdivision of any
such State, territory, or possession.
(b) LIABILITY.—
(1) LIABILITY
OF
BUSINESS
ENTITIES
THAT
DONATE
EQUIPMENT
TO
NONPROFIT
ORGANIZA-
TIONS.—
(A) IN GENERAL.—Subject to subsection
(c), a business entity shall not be subject to
civil liability relating to any injury or death that
results from the use of equipment donated by a
business entity to a nonprofit organization.
(B) APPLICATION.—This paragraph shall
apply with respect to civil liability under Fed-
eral and State law.
(2) LIABILITY
OF
BUSINESS
ENTITIES
PRO-
VIDING USE OF FACILITIES TO NONPROFIT ORGANI-
ZATIONS.—
(A) IN GENERAL.—Subject to subsection
(c), a business entity shall not be subject to
civil liability relating to any injury or death oc-
curring at a facility of the business entity in
connection with a use of such facility by a non-
profit organization, if—
(i) the use occurs outside of the scope
of business of the business entity;
(ii) such injury or death occurs during
a period that such facility is used by the
nonprofit organization; and
(iii) the business entity authorized the
use of such facility by the nonprofit orga-
nization.
(B) APPLICATION.—This paragraph shall
apply—
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of a facility.
(3) LIABILITY
OF
BUSINESS
ENTITIES
PRO-
VIDING USE OF A MOTOR VEHICLE OR AIRCRAFT.—
(A) IN GENERAL.—Subject to subsection
(c), a business entity shall not be subject to
civil liability relating to any injury or death oc-
curring as a result of the operation of aircraft
or a motor vehicle of a business entity loaned
to a nonprofit organization for use outside of
the scope of business of the business entity, if—
(i) such injury or death occurs during
a period that such motor vehicle or aircraft
is used by a nonprofit organization; and
(ii) the business entity authorized the
use by the nonprofit organization of motor
vehicle or aircraft that resulted in the in-
jury or death.
(B) APPLICATION.—This paragraph shall
apply—
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of the air-
craft or motor vehicle.
(4) LIABILITY
OF
BUSINESS
ENTITIES
PRO-
VIDING TOURS OF FACILITIES.—
(A) IN GENERAL.—Subject to subsection
(c), a business entity shall not be subject to
civil liability relating to any injury to, or death
of an individual occurring at a facility of the
business entity, if—
(i) such injury or death occurs during
a tour of the facility in an area of the fa-
cility that is not otherwise accessible to the
general public; and
(ii) the business entity authorized the
tour.
(B) APPLICATION.—This paragraph shall
apply—
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether an indi-
vidual pays for the tour.
(c) EXCEPTIONS.—Subsection (b) shall not apply to
an injury or death that results from an act or omission
of a business entity that constitutes gross negligence or
intentional misconduct, including any misconduct that—
(1) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) or act of international terrorism (as that term
is defined in section 2331 of title 18, United States
Code) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is
used in the Hate Crime Statistics Act (28 U.S.C.
534 note));
(3) involves a sexual offense, as defined by ap-
plicable State law, for which the defendant has been
convicted in any court; or
(4) involves misconduct for which the defendant
has been found to have violated a Federal or State
civil rights law.
(d) SUPERSEDING PROVISION.—
(1) IN
GENERAL.—Subject to paragraph (2)
and subsection (e), this title preempts the laws of
any State to the extent that such laws are incon-
sistent with this title, except that this title shall not
preempt any State law that provides additional pro-
tection for a business entity for an injury or death
described in a paragraph of subsection (b) with re-
spect to which the conditions specified in such para-
graph apply.
(2) LIMITATION.—Nothing in this title shall be
construed to supersede any Federal or State health
or safety law.
(e) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—A provision of this title shall not apply to any
civil action in a State court against a business entity in
which all parties are citizens of the State if such State
enacts a statute—
(1) citing the authority of this section;
(2) declaring the election of such State that
such provision shall not apply to such civil action in
the State; and
(3) containing no other provisions.
(f) EFFECTIVE DATE.—This section shall apply to in-
juries (and deaths resulting therefrom) occurring on or
after the date of the enactment of this Act.
SEC. 104. CHARITABLE DONATIONS LIABILITY REFORM FOR
IN-KIND CORPORATE CONTRIBUTIONS.
(a) DEFINITIONS.—For purposes of this section:
(1) AIRCRAFT.—The term ‘‘aircraft’’ has the
meaning provided that term in section 40102(6) of
title 49, United States Code.
(2) BUSINESS ENTITY.—The term ‘‘business enti-
ty’’ means a firm, corporation, association, partner-
ship, consortium, joint venture, or other form of enter-
prise.
(3) EQUIPMENT.—The term ‘‘equipment’’ in-
cludes mechanical equipment, electronic equipment,
and office equipment.
(4) FACILITY.—The term ‘‘facility’’ means any
real property, including any building, improvement,
or appurtenance.
(5) GROSS NEGLIGENCE.—The term ‘‘gross neg-
ligence’’ means voluntary and conscious conduct by a
person with knowledge (at the time of the conduct)
that the conduct is likely to be harmful to the health
or well-being of another person.
(6) INTENTIONAL MISCONDUCT.—The term ‘‘in-
tentional misconduct’’ means conduct by a person
with knowledge (at the time of the conduct) that the
conduct is harmful to the health or well-being of an-
other person.
(7) MOTOR VEHICLE.—The term ‘‘motor vehicle’’
has the meaning provided that term in section
30102(6) of title 49, United States Code.
(8) NONPROFIT ORGANIZATION.—The term ‘‘non-
profit organization’’ means—
(A) any organization described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of
such Code; or
(B) any not-for-profit organization orga-
nized and conducted for public benefit and oper-
ated primarily for charitable, civic, educational,
religious, welfare, or health purposes.
(9) STATE.—The term ‘‘State’’ means each of the
several States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, any
other territory or possession of the United States, or
any political subdivision of any such State, territory,
or possession.
(b) LIABILITY.—
(1) LIABILITY OF BUSINESS ENTITIES THAT DO-
NATE EQUIPMENT TO NONPROFIT ORGANIZATIONS.—
(A) IN GENERAL.—Subject to subsection (c),
a business entity shall not be subject to civil li-
ability relating to any injury or death that re-
sults from the use of equipment donated by a
business entity to a nonprofit organization.
(B) APPLICATION.—This paragraph shall
apply with respect to civil liability under Fed-
eral and State law.
(2) LIABILITY OF BUSINESS ENTITIES PROVIDING
USE OF FACILITIES TO NONPROFIT ORGANIZATIONS.—
(A) IN GENERAL.—Subject to subsection (c),
a business entity shall not be subject to civil li-
ability relating to any injury or death occurring
at a facility of the business entity in connection
with a use of such facility by a nonprofit organi-
zation, if—
(i) the use occurs outside of the scope
of business of the business entity;
(ii) such injury or death occurs during
a period that such facility is used by the
nonprofit organization; and
(iii) the business entity authorized the
use of such facility by the nonprofit organi-
zation.
(B) APPLICATION.—This paragraph shall
apply—
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of a facility.
(3) LIABILITY OF BUSINESS ENTITIES PROVIDING
USE OF A MOTOR VEHICLE OR AIRCRAFT.—
(A) IN GENERAL.—Subject to subsection (c),
a business entity shall not be subject to civil li-
ability relating to any injury or death occurring
as a result of the operation of aircraft or a motor
vehicle of a business entity loaned to a nonprofit
organization for use outside of the scope of busi-
ness of the business entity, if—
(i) such injury or death occurs during
a period that such motor vehicle or aircraft
is used by a nonprofit organization; and
(ii) the business entity authorized the
use by the nonprofit organization of motor
vehicle or aircraft that resulted in the in-
jury or death.
(B) APPLICATION.—This paragraph shall
apply—
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of the aircraft
or motor vehicle.
(c) EXCEPTIONS.—Subsection (b) shall not apply to an
injury or death that results from an act or omission of a
business entity that constitutes gross negligence or inten-
tional misconduct.
(d) SUPERSEDING PROVISION.—
(1) IN GENERAL.—Subject to paragraph (2) and
subsection (e), this title preempts the laws of any
State to the extent that such laws are inconsistent
with this title, except that this title shall not preempt
any State law that provides additional protection for
a business entity for an injury or death described in
a paragraph of subsection (b) with respect to which
the conditions specified in such paragraph apply.
(2) LIMITATION.—Nothing in this title shall be
construed to supersede any Federal or State health or
safety law.
(e) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—A provision of this title shall not apply to any
civil action in a State court against a business entity in
which all parties are citizens of the State if such State en-
acts a statute—
(1) citing the authority of this section;
(2) declaring the election of such State that such
provision shall not apply to such civil action in the
State; and
(3) containing no other provisions.
(f) EFFECTIVE DATE.—This section shall apply to in-
juries (and deaths resulting therefrom) occurring on or after
the date of the enactment of this Act.
TITLE II—EXPANSION OF
CHARITABLE CHOICE
SEC.
201.
PROVISION
OF
ASSISTANCE
UNDER
GOVERN-
MENT PROGRAMS BY RELIGIOUS AND COM-
MUNITY ORGANIZATIONS.
Title XXIV of the Revised Statutes is amended by
inserting after section 1990 (42 U.S.C. 1994) the fol-
lowing:
‘‘SEC. 1994A. CHARITABLE CHOICE.
‘‘(a) SHORT TITLE.—This section may be cited as the
‘Charitable Choice Act of 2001’.
‘‘(b) PURPOSES.—The purposes of this section are—
‘‘(1) to provide assistance to individuals and
families in need in the most effective and efficient
manner;
‘‘(2) to prohibit discrimination against religious
organizations on the basis of religion in the adminis-
tration and distribution of government assistance
under the government programs described in sub-
section (c)(4);
‘‘(3) to allow religious organizations to assist in
the administration and distribution of such assist-
ance without impairing the religious character of
such organizations; and
‘‘(4) to protect the religious freedom of individ-
uals and families in need who are eligible for govern-
ment assistance, including expanding the possibility
of choosing to receive services from a religious orga-
nization providing such assistance.
‘‘(c) RELIGIOUS ORGANIZATIONS INCLUDED AS NON-
GOVERNMENTAL PROVIDERS.—
‘‘(1) IN GENERAL.—
‘‘(A) INCLUSION.—For any program de-
scribed in paragraph (4) that is carried out by
the Federal Government, or by a State or local
government with Federal funds, the government
shall consider, on the same basis as other non-
governmental organizations, religious organiza-
tions to provide the assistance under the pro-
gram, if the program is implemented in a man-
ner that is consistent with the Establishment
Clause and the Free Exercise Clause of the
first amendment to the Constitution.
‘‘(B) DISCRIMINATION PROHIBITED.—Nei-
ther the Federal Government nor a State or
local government receiving funds under a pro-
gram described in paragraph (4) shall discrimi-
nate against an organization that provides as-
sistance under, or applies to provide assistance
under, such program, on the basis that the or-
ganization has a religious character.
‘‘(2) FUNDS NOT AID TO RELIGION.—Federal,
State, or local government funds or other assistance
that is received by a religious organization for the
provision of services under this section constitutes
aid to individuals and families in need, the ultimate
beneficiaries of such services, and not aid to the reli-
gious organization.
‘‘(3)
FUNDS
NOT
ENDORSEMENT
OF
RELI-
GION.—The receipt by a religious organization of
Federal, State, or local government funds or other
assistance under this section is not and should not
be perceived as an endorsement by the government
of religion or the organization’s religious beliefs or
practices.
‘‘(4) PROGRAMS.—For purposes of this section,
a program is described in this paragraph—
‘‘(A) if it involves activities carried out
using Federal funds—
‘‘(i) related to the prevention and
treatment of juvenile delinquency and the
improvement of the juvenile justice system,
including programs funded under the Juve-
nile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.);
‘‘(ii)
related
to
the
prevention
of
crime, including programs funded under
title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3701
et seq.);
‘‘(iii) under the Federal housing laws;
‘‘(iv) under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801
et seq.)
‘‘(v) under the Older Americans Act
of 1965 (42 U.S.C. 3001 et seq.);
‘‘(vi) under the Child Care Develop-
ment Block Grant Act of 1990 (42 U.S.C.
9858 et seq.);
‘‘(vii) under the Community Develop-
ment Block Grant Program established
under title I of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C.
5301 et seq.);
‘‘(viii) related to the intervention in
and prevention of domestic violence;
‘‘(ix) related to hunger relief activi-
ties; or
‘‘(x) under the Job Access and Re-
verse Commute grant program established
under section 3037 of the Federal Transit
Act of 1998 (49 U.S.C. 5309 note); or
‘‘(B)(i) if it involves activities to assist stu-
dents in obtaining the recognized equivalents of
secondary school diplomas and activities relat-
ing to non-school-hours programs; and
‘‘(ii) except as provided in subparagraph
(A) and clause (i), does not include activities
carried out under Federal programs providing
education to children eligible to attend elemen-
tary schools or secondary schools, as defined in
section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
‘‘(d) ORGANIZATIONAL CHARACTER
AND AUTON-
OMY.—
‘‘(1) IN
GENERAL.—A religious organization
that provides assistance under a program described
in subsection (c)(4) shall retain its autonomy from
Federal, State, and local governments, including
such organization’s control over the definition, devel-
opment, practice, and expression of its religious be-
liefs.
‘‘(2) ADDITIONAL
SAFEGUARDS.—Neither the
Federal Government nor a State or local government
shall require a religious organization in order to be
eligible to provide assistance under a program de-
scribed in subsection (c)(4)—
‘‘(A) to alter its form of internal govern-
ance; or
‘‘(B) to remove religious art, icons, scrip-
ture, or other symbols because they are reli-
gious.
‘‘(e) EMPLOYMENT PRACTICES.—
‘‘(1) IN GENERAL.—In order to aid in the pres-
ervation of its religious character, a religious organi-
zation that provides assistance under a program de-
scribed in subsection (c)(4) may, notwithstanding
any other provision of law, require that its employ-
ees adhere to the religious practices of the organiza-
tion.
‘‘(2) TITLE VII EXEMPTION.—The exemption of
a religious organization provided under section 702
or 703(e)(2) of the Civil Rights Act of 1964 (42
U.S.C. 2000e–1, 2000e–2(e)(2)) regarding employ-
ment practices shall not be affected by the religious
organization’s provision of assistance under, or re-
ceipt of funds from, a program described in sub-
section (c)(4).
‘‘(3) EFFECT
ON
OTHER
LAWS.—Nothing in
this section alters the duty of a religious organiza-
tion to comply with the nondiscrimination provisions
in title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) (prohibiting discrimination on
the basis of race, color, and national origin), title IX
of the Education Amendments of 1972 (20 U.S.C.
1681–1686)
(prohibiting
discrimination
in
edu-
cational institutions on the basis of sex and visual
impairment), section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794) (prohibiting discrimination
against otherwise qualified disabled individuals), and
the Age Discrimination Act of 1975 (42 U.S.C.
6101–6107) (prohibiting discrimination on the basis
of age).
‘‘(f) RIGHTS OF BENEFICIARIES OF ASSISTANCE.—
‘‘(1) IN GENERAL.—If an individual described
in paragraph (3) has an objection to the religious
character of the organization from which the indi-
vidual receives, or would receive, assistance funded
under any program described in subsection (c)(4),
the appropriate Federal, State, or local govern-
mental entity shall provide to such individual (if oth-
erwise eligible for such assistance) within a reason-
able period of time after the date of such objection,
assistance that—
‘‘(A) is an alternative, including a nonreli-
gious alternative, that is accessible to the indi-
vidual; and
‘‘(B) has a value that is not less than the
value of the assistance that the individual would
have received from such organization.
‘‘(2) NOTICE.—The appropriate Federal, State,
or local governmental entity shall guarantee that no-
tice is provided to the individuals described in para-
graph (3) of the rights of such individuals under this
section.
‘‘(3) INDIVIDUAL
DESCRIBED.—An individual
described in this paragraph is an individual who re-
ceives or applies for assistance under a program de-
scribed in subsection (c)(4).
‘‘(g)
NONDISCRIMINATION
AGAINST
BENE-
FICIARIES.—
‘‘(1) GRANTS AND CONTRACTS.—A religious or-
ganization providing assistance through a grant or
contract under a program described in subsection
(c)(4) shall not discriminate, in carrying out the pro-
gram, against an individual described in subsection
(f)(3)on the basis of religion, a religious belief, or a
refusal to hold a religious belief..
‘‘(2) INDIRECT FORMS OF DISBURSEMENT.—A
religious organization providing assistance through a
voucher, certificate, or other form of indirect dis-
bursement under a program described in subsection
(c)(4) shall not discriminate, in carrying out the pro-
gram, against an individual described in subsection
(f)(3) on the basis of religion, a religious belief, or
a refusal to hold a religious belief.
‘‘(h) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a religious organization providing assist-
ance under any program described in subsection
(c)(4) shall be subject to the same regulations as
other nongovernmental organizations to account in
accord with generally accepted accounting principles
for the use of such funds provided under such pro-
gram.
‘‘(2) LIMITED AUDIT.—Such organization shall
segregate government funds provided under such
program into a separate account or accounts. Only
the government funds shall be subject to audit by
the government.
‘‘(i) LIMITATIONS ON USE OF FUNDS FOR CERTAIN
PURPOSES.—No funds provided through a grant or con-
tract to a religious organization to provide assistance
under any program described in subsection (c)(4) shall be
expended for sectarian worship, instruction, or proselytiza-
tion. A certificate shall be signed by such organizations
and filed with the government agency that disbursed the
funds that gives assurance the organization will comply
with this subsection.
‘‘(j) EFFECT ON STATE AND LOCAL FUNDS.—If a
State or local government contributes State or local funds
to carry out a program described in subsection (c)(4), the
State or local government may segregate the State or local
funds from the Federal funds provided to carry out the
program or may commingle the State or local funds with
the Federal funds. If the State or local government com-
mingles the State or local funds, the provisions of this sec-
tion shall apply to the commingled funds in the same man-
ner, and to the same extent, as the provisions apply to
the Federal funds.
‘‘(k)
TREATMENT
OF
INTERMEDIATE
CONTRAC-
TORS.—If a nongovernmental organization (referred to in
this subsection as an ‘intermediate contractor’), acting
under a contract or other agreement with the Federal Gov-
ernment or a State or local government, is given the au-
thority under the contract or agreement to select non-
governmental organizations to provide assistance under
the programs described in subsection (c)(4), the inter-
mediate contractor shall have the same duties under this
section as the government when selecting or otherwise
dealing with subcontractors, but the intermediate con-
tractor, if it is a religious organization, shall retain all
other rights of a religious organization under this section.
‘‘(l) COMPLIANCE.—A party alleging that the rights
of the party under this section have been violated by a
State or local government may bring a civil action pursu-
ant to section 1979 against the official or government
agency that has allegedly committed such violation. A
party alleging that the rights of the party under this sec-
tion have been violated by the Federal Government may
bring a civil action for appropriate relief in Federal dis-
trict court against the official or government agency that
has allegedly committed such violation.’’.
TITLE II—EXPANSION OF
CHARITABLE CHOICE
SEC. 201. PROVISION OF ASSISTANCE UNDER GOVERNMENT
PROGRAMS BY RELIGIOUS AND COMMUNITY
ORGANIZATIONS.
Title XXIV of the Revised Statutes of the United States
is amended by inserting after section 1990 (42 U.S.C. 1994)
the following:
‘‘SEC. 1991. CHARITABLE CHOICE.
‘‘(a) SHORT TITLE.—This section may be cited as the
‘Charitable Choice Act of 2001’.
‘‘(b) PURPOSES.—The purposes of this section are—
‘‘(1) to enable assistance to be provided to indi-
viduals and families in need in the most effective and
efficient manner;
‘‘(2) to supplement the Nation’s social service ca-
pacity by facilitating the entry of new, and the ex-
pansion of existing, efforts by religious and other
community organizations in the administration and
distribution of government assistance under the gov-
ernment programs described in subsection (c)(4);
‘‘(3) to prohibit discrimination against religious
organizations on the basis of religion in the adminis-
tration and distribution of government assistance
under such programs;
‘‘(4) to allow religious organizations to partici-
pate in the administration and distribution of such
assistance without impairing the religious character
and autonomy of such organizations; and
‘‘(5) to protect the religious freedom of individ-
uals and families in need who are eligible for govern-
ment assistance, including expanding the possibility
of their being able to choose to receive services from
a religious organization providing such assistance.
‘‘(c) RELIGIOUS ORGANIZATIONS INCLUDED AS PRO-
VIDERS; DISCLAIMERS.—
‘‘(1) IN GENERAL.—
‘‘(A) INCLUSION.—For any program de-
scribed in paragraph (4) that is carried out by
the Federal Government, or by a State or local
government with Federal funds, the government
shall consider, on the same basis as other non-
governmental organizations, religious organiza-
tions to provide the assistance under the pro-
gram, and the program shall be implemented in
a manner that is consistent with the establish-
ment clause and the free exercise clause of the
first amendment to the Constitution.
‘‘(B) DISCRIMINATION
PROHIBITED.—Nei-
ther the Federal Government, nor a State or
local government receiving funds under a pro-
gram described in paragraph (4), shall discrimi-
nate against an organization that provides as-
sistance under, or applies to provide assistance
under, such program on the basis that the orga-
nization is religious or has a religious character.
‘‘(2) FUNDS
NOT
AID
TO
RELIGION.—Federal,
State, or local government funds or other assistance
that is received by a religious organization for the
provision of services under this section constitutes aid
to individuals and families in need, the ultimate
beneficiaries of such services, and not support for reli-
gion or the organization’s religious beliefs or prac-
tices. Notwithstanding the provisions in this para-
graph, title VI of the Civil Rights Act of 1964 (42
USC 2000d et seq.) shall apply to organizations re-
ceiving assistance funded under any program de-
scribed in subsection (c)(4).
‘‘(3) FUNDS NOT ENDORSEMENT OF RELIGION.—
The receipt by a religious organization of Federal,
State, or local government funds or other assistance
under this section is not an endorsement by the gov-
ernment of religion or of the organization’s religious
beliefs or practices.
‘‘(4) PROGRAMS.—For purposes of this section, a
program is described in this paragraph—
‘‘(A) if it involves activities carried out
using Federal funds—
‘‘(i) related to the prevention and
treatment of juvenile delinquency and the
improvement of the juvenile justice system,
including programs funded under the Juve-
nile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.);
‘‘(ii) related to the prevention of crime
and assistance to crime victims and offend-
ers’ families, including programs funded
under title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C.
3701 et seq.);
‘‘(iii) related to the provision of assist-
ance under Federal housing statutes, includ-
ing the Community Development Block
Grant Program established under title I of
the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.);
‘‘(iv) under subtitle B or D of title I
of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.);
‘‘(v) under the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.);
‘‘(vi) related to the intervention in and
prevention of domestic violence, including
programs under the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5101 et seq.)
or the Family Violence Prevention and
Services Act (42 U.S.C. 10401 et seq.);
‘‘(vii) related to hunger relief activi-
ties; or
‘‘(viii) under the Job Access and Re-
verse Commute grant program established
under section 3037 of the Federal Transit
Act of 1998 (49 U.S.C. 5309 note); or
‘‘(B)(i) if it involves activities to assist stu-
dents in obtaining the recognized equivalents of
secondary school diplomas and activities relating
to nonschool hours programs, including pro-
grams under—
‘‘(I) chapter 3 of subtitle A of title II
of the Workforce Investment Act of 1998
(Public Law 105–220); or
‘‘(II) part I of title X of the Elemen-
tary and Secondary Education Act (20
U.S.C. 6301 et seq.); and
‘‘(ii) except as provided in subparagraph
(A) and clause (i), does not include activities
carried out under Federal programs providing
education to children eligible to attend elemen-
tary schools or secondary schools, as defined in
section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
‘‘(d) ORGANIZATIONAL CHARACTER AND AUTONOMY.—
‘‘(1) IN GENERAL.—A religious organization that
provides assistance under a program described in sub-
section (c)(4) shall have the right to retain its auton-
omy from Federal, State, and local governments, in-
cluding such organization’s control over the defini-
tion, development, practice, and expression of its reli-
gious beliefs.
‘‘(2) ADDITIONAL
SAFEGUARDS.—Neither the
Federal Government, nor a State or local government
with Federal funds, shall require a religious organiza-
tion, in order to be eligible to provide assistance
under a program described in subsection (c)(4), to—
‘‘(A) alter its form of internal governance or
provisions in its charter documents; or
‘‘(B) remove religious art, icons, scripture,
or other symbols, or to change its name, because
such symbols or names are of a religious char-
acter.
‘‘(e) EMPLOYMENT PRACTICES.—A religious organiza-
tion’s exemption provided under section 702 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–1) regarding employ-
ment practices shall not be affected by its participation in,
or receipt of funds from, programs described in subsection
(c)(4), and any provision in such programs that is incon-
sistent with or would diminish the exercise of an organiza-
tion’s autonomy recognized in section 702 or in this section
shall have no effect. Nothing in this section alters the duty
of a religious organization to comply with the non-
discrimination provisions of title VII of the Civil Rights
Act of 1964 in the use of funds from programs described
in subsection (c)(4).
‘‘(f) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion shall alter the duty of a religious organization receiv-
ing assistance or providing services under any program de-
scribed in subsection (c)(4) to comply with the non-
discrimination provisions in title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.) (prohibiting discrimina-
tion on the basis of race, color, and national origin), title
IX of the Education Amendments of 1972 (20 U.S.C. 1681–
1688) (prohibiting discrimination in education programs
or activities on the basis of sex and visual impairment),
section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) (prohibiting discrimination against otherwise quali-
fied disabled individuals), and the Age Discrimination Act
of 1975 (42 U.S.C. 6101–6107) (prohibiting discrimination
on the basis of age).
‘‘(g) RIGHTS OF BENEFICIARIES OF ASSISTANCE.—
‘‘(1) IN GENERAL.—If an individual described in
paragraph (3) has an objection to the religious char-
acter of the organization from which the individual
receives, or would receive, assistance funded under
any program described in subsection (c)(4), the ap-
propriate Federal, State, or local governmental entity
shall provide to such individual (if otherwise eligible
for such assistance) within a reasonable period of
time after the date of such objection, assistance that—
‘‘(A) is an alternative that is accessible to
the individual and unobjectionable to the indi-
vidual on religious grounds; and
‘‘(B) has a value that is not less than the
value of the assistance that the individual would
have received from such organization.
‘‘(2) NOTICE.—The appropriate Federal, State,
or local governmental entity shall guarantee that no-
tice is provided to the individuals described in para-
graph (3) of the rights of such individuals under this
section.
‘‘(3) INDIVIDUAL
DESCRIBED.—An individual
described in this paragraph is an individual who re-
ceives or applies for assistance under a program de-
scribed in subsection (c)(4).
‘‘(h) NONDISCRIMINATION AGAINST BENEFICIARIES.—
‘‘(1) GRANTS AND COOPERATIVE AGREEMENTS.—
A religious organization providing assistance through
a grant or cooperative agreement under a program
described in subsection (c)(4) shall not discriminate
in carrying out the program against an individual
described in subsection (g)(3) on the basis of religion,
a religious belief, or a refusal to hold a religious be-
lief.
‘‘(2) INDIRECT FORMS OF ASSISTANCE.—A reli-
gious organization providing assistance through a
voucher, certificate, or other form of indirect assist-
ance under a program described in subsection (c)(4)
shall not deny an individual described in subsection
(g)(3) admission into such program on the basis of re-
ligion, a religious belief, or a refusal to hold a reli-
gious belief.
‘‘(i) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a religious organization pro-
viding assistance under any program described in
subsection (c)(4) shall be subject to the same regula-
tions as other nongovernmental organizations to ac-
count in accord with generally accepted accounting
principles for the use of such funds and its perform-
ance of such programs.
‘‘(2) LIMITED AUDIT.—
‘‘(A) GRANTS
AND
COOPERATIVE
AGREE-
MENTS.—A religious organization providing as-
sistance through a grant or cooperative agree-
ment under a program described in subsection
(c)(4) shall segregate government funds provided
under such program into a separate account or
accounts. Only the separate accounts consisting
of funds from the government shall be subject to
audit by the government.
‘‘(B) INDIRECT FORMS OF ASSISTANCE.—A
religious 
organization 
providing 
assistance
through a voucher, certificate, or other form of
indirect assistance under a program described in
subsection (c)(4) may segregate government
funds provided under such program into a sepa-
rate account or accounts. If such funds are so
segregated, then only the separate accounts con-
sisting of funds from the government shall be
subject to audit by the government.
‘‘(3) SELF AUDIT.—A religious organization pro-
viding services under any program described in sub-
section (c)(4) shall conduct annually a self audit for
compliance with its duties under this section and sub-
mit a copy of the self audit to the appropriate Fed-
eral, State, or local government agency, along with a
plan to timely correct variances, if any, identified in
the self audit.
‘‘(j) LIMITATIONS ON USE OF FUNDS; VOLUNTARI-
NESS.—No funds provided through a grant or cooperative
agreement to a religious organization to provide assistance
under any program described in subsection (c)(4) shall be
expended for sectarian instruction, worship, or proselytiza-
tion. If the religious organization offers such an activity,
it shall be voluntary for the individuals receiving services
and offered separate from the program funded under sub-
section (c)(4). A certificate shall be separately signed by re-
ligious organizations, and filed with the government agency
that disburses the funds, certifying that the organization is
aware of and will comply with this subsection.
‘‘(k) EFFECT ON STATE AND LOCAL FUNDS.—If a
State or local government contributes State or local funds
to carry out a program described in subsection (c)(4), the
State or local government may segregate the State or local
funds from the Federal funds provided to carry out the pro-
gram or may commingle the State or local funds with the
Federal funds. If the State or local government commingles
the State or local funds, the provisions of this section shall
apply to the commingled funds in the same manner, and
to the same extent, as the provisions apply to the Federal
funds.
‘‘(l) INDIRECT ASSISTANCE.—When consistent with the
purpose of a program described in subsection (c)(4), the
Secretary of the department administering the program
may direct the disbursement of some or all of the funds,
if determined by the Secretary to be feasible and efficient,
in the form of indirect assistance. For purposes of this sec-
tion, ‘indirect assistance’ constitutes assistance in which an
organization receiving funds through a voucher, certificate,
or other form of disbursement under this section receives
such funding only as a result of the private choices of indi-
vidual beneficiaries and no government endorsement of any
particular religion, or of religion generally, occurs.
‘‘(m) TREATMENT OF INTERMEDIATE GRANTORS.—If
a nongovernmental organization (referred to in this sub-
section as an ‘intermediate grantor’), acting under a grant
or other agreement with the Federal Government, or a State
or local government with Federal funds, is given the author-
ity under the agreement to select nongovernmental organi-
zations to provide assistance under the programs described
in subsection (c)(4), the intermediate grantor shall have the
same duties under this section as the government when se-
lecting or otherwise dealing with subgrantors, but the inter-
mediate grantor, if it is a religious organization, shall re-
tain all other rights of a religious organization under this
section.
‘‘(n) COMPLIANCE.—A party alleging that the rights
of the party under this section have been violated by a State
or local government may bring a civil action for injunctive
relief pursuant to section 1979 against the State official or
local government agency that has allegedly committed such
violation. A party alleging that the rights of the party
under this section have been violated by the Federal Govern-
ment may bring a civil action for injunctive relief in Fed-
eral district court against the official or government agency
that has allegedly committed such violation.
‘‘(o) TRAINING
AND TECHNICAL ASSISTANCE
FOR
SMALL NONGOVERNMENTAL ORGANIZATIONS.—
‘‘(1) IN GENERAL.—From amounts made avail-
able to carry out the purposes of the Office of Justice
Programs (including any component or unit thereof,
including the Office of Community Oriented Policing