Application of the Religious Freedom Restoration Act to the Award of a Grant Pursuant to the Juvenile Justice and Delinquency Prevention Act
| Decision Date | 29 June 2007 |
| Docket Number | 07-12 |
| Citation | 31 Op. O.L.C. 162 |
| Parties | Application of the Religious Freedom Restoration Act to the Award of a Grant Pursuant to the Juvenile Justice and Delinquency Prevention Act |
| Court | Opinions of the Office of Legal Counsel of the Department of Justice |
The Religious Freedom Restoration Act is reasonably construed to require the Office of Justice Programs to exempt World Vision—a religious organization that has been awarded a grant under the Juvenile Justice and Delinquency Prevention Act—from the religious nondiscrimination provision in 42U.S.C. § 3789d(c)(1).
MEMORANDUM OPINION FOR THE GENERAL COUNSEL OFFICE OF JUSTICE PROGRAMSWorld Vision, Inc., is a religious organization that has been awarded a $1.5 million grant by the Office of Justice Programs ("OJP") pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974 ("JJDPA") Pub. L. No. 93-415, 88 Stat. 1109 (). As a condition of receiving grants pursuant to the JJDPA recipients must refrain from discriminating on the basis of religion in "employment in connection with any programs or activity" funded by the grant. 42 U.S.C. § 3789d(c)(1) (2000). You have asked whether the Religious Freedom Restoration Act ("RFRA")—which prohibits the government from "substantially burdening]" religious exercise unless that burden "is the least restrictive means of furthering [a] compelling governmental interest, " 42 U.S.C. § 2000bb-l(b) (2000)—requires OJP to exempt World Vision from the religious nondiscrimination provision. We conclude that RFRA is reasonably construed to require that such an accommodation be made for World Vision and that OJP would be within its legal discretion, under the JJDPA and under RFRA, to exempt World Vision from the religious nondiscrimination requirement of section 3789d(c)(1).[1]
World Vision is "a Christian relief and development organization founded in 1950." Letter for Marie E Burke, Office of Justice Programs, from Brian K. Vasey, Associate General Counsel, World Vision, Inc., Re: World Vision Earmark Award at 2 (Sept. 8, 2005) ("Sept. 8 Letter"). Its stated mission is "to love and serve those in need as a demonstration of [its] faith, and the example of Christ." Id. at 2-3. By its own account, World Vision is "a thoroughly religious organization." Letter for Charles Moses and Marie Burke, Office of Justice Programs, from [ 163] Brian K. Vasey, Associate General Counsel, World Vision, Inc., Re: World Vision Congressional Earmark Award at 2 (Sept. 23, 2005) ("Sept. 23 Letter").
World Vision operates projects both domestically and abroad. Domestically, it has focused on "at-risk youth" through its "Vision Youth Program." Sept. 8 Letter at 3. This program serves "at-risk youth" in various communities by meeting their "basic needs, " pairing them with mentors, and providing job training and academic tutoring. Id.; Congressional Earmark Submission to Office of Justice Programs from World Vision, Inc. ("Grant Application"), att. 2, Program Narrative at 6—10 (May 26, 2005). The program serves beneficiaries regardless of their religious affiliation. Sept. 8 Letter at 3. It "do[es] not proselytize, and no government funds are ever used for religious activities." Id.
Since its founding, World Vision has made it a policy to hire only "Christian staff to assist with the mission of the organization." Id. at 2. World Vision states that it has done so in order to "maintain [its] identity and strength, which [are] at the core of [its] success, " id. at 3, and because it "can only remain true to [its] vision if [it] ha[s] the freedom to select like-minded staff, which includes staffing on a religious basis, " Sept. 23 Letter at 1. World Vision states that the work of the Vision Youth program is "very staff intensive." Id. at 2. Its staff—all of whom "share a faith, passion and commitment to [World Vision's] mission"—works closely with local volunteers and churches to meet the needs of at-risk youth. Id.[2]
In the Consolidated Appropriations Act, 2005, Congress appropriated $102, 177, 000 to the Department of Justice "for demonstration projects, as authorized by sections 261 and 262 of [the JJDPA]." Pub. L. No. 108-447, 118 Stat. 2809, 2866 (2004) ("2005 Appropriations Act"). Sections 261 and 262 of the JJDPA permit the Department to make grants to organizations that are working toward "the prevention, control, or reduction of juvenile delinquency." 42 U.S.C. §§ 5665-5666 (Supp. Ill. 2003). The conference report accompanying the 2005 Appropriations Act states that "OJP is expected to review the following proposals, [and] provide grants if warranted." H.R. Rep. No. 108-792, at 769 (2004). Included among the listed proposals was "$1, 500, 000 for World Vision for at-risk youth programs." Id. at 771.
OJP thereafter solicited and received a grant application from World Vision, which requested $1, 479, 965 to continue funding the Vision Youth Program [ 164] ("Vision Youth: Transforming the Lives of At-Risk Youth") and to initiate a new project called the "World Vision Northern Virginia Community Mobilization Initiative" ("Community Mobilization Initiative"). The Vision Youth Program seeks "to transform the lives of high-risk young people in eight locations across the country" by facilitating "one-on-one mentoring, educational enhancement, and life-skills training for at-risk children and youth." Grant Application, art. 2, Program Narrative at 1. The grant would fund a portion of the salary and benefits of fourteen existing World Vision employees, each of whom would spend part of his or her time managing the Vision Youth Program funded by the grant. Id., att. 1, Budget Narrative at 1. Those employees oversee the training of Youth Outreach Workers to implement the Vision Youth Program in local communities. Id.; see also id., att. 2, Program Narrative at 7. The Youth Outreach Workers, in turn, recruit and train volunteers from local faith-based organizations, "forming a critical mass of supportive adults around these [at-risk] young people." Id., att. 2, Program Narrative at 7.
The Community Mobilization Initiative would seek to "address the escalating gang presence and related violence and criminal activities in the Northern Virginia metropolitan region." Id. at 13. Like the Vision Youth program, the new initiative would "provid[e] mentoring to youth at-risk for gang involvement, build[] relationships with youth currently involved in gang activity, provid[e] training and workshops for families and the communities, and provid[e] alternative activities for youth at-risk for gang involvement." Id. at 16. The grant would fund all or part of the salary and benefits of eight World Vision employees assigned to the anti-gang initiative. Id., att. 1, Budget Narrative at 1—2. Those employees would work with local law enforcement, schools, and social service agencies "to identify concentrations of young people who are either in or vulnerable to recruitment by local gangs." Id., att. 2, Program Narrative at 18. In particular, they would initiate a "Neighborhood Transformation Project" and a "Community Outreach Campaign" to counteract gang formation and gang violence. Id. at 19-20.
OJP awarded World Vision the full amount of its request. Approximately $713, 110, or 48% of the grant funds, pays all or a portion of the salary and benefits of World Vision employees on the two projects. Id., att. 1, Budget Narrative at 1. The balance covers travel expenses, supplies, consultant fees, and other miscellaneous expenses. Id. at 1-5. For the relevant fiscal year, the grant represents approximately 10% of the entire budget for World Vision's domestic community-based programs, and approximately 75% of the public funding the organization is receiving for domestic operations. Sept. 23 Letter at 2.
This grant, like all grants under the JJDPA, is subject to 42 U.S.C. § 3789d(c), the nondiscrimination provision of the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. No. 90-351, 82 Stat. 197 (the "Safe Streets Act"). 42 U.S.C. [ 165] § 5672(b) (2000) (). That provision states that "[n]o person in any State shall on the ground of. . . religion... be subjected to discrimination under or denied employment in connection with any programs or activity funded in whole or in part with funds made available under this chapter." 42 U.S.C. § 3789d(c)(1).
After approving the grant, OJP informed World Vision that it was subject to the religious nondiscrimination provision of the Safe Streets Act. Letter for Kimberlee LaGree Ross, World Vision, Inc., from Michael L. Alston, Director, Office for Civil Rights, Office of Justice Programs at 2 (Aug. 16, 2005). OJP noted that, "[consequently, in many circumstances, it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees." Id.
In response, World Vision "requested relief under the Religious Freedom and [sic] Restoration Act of 1993." Sept. 23 Letter at l.[3]
Congress enacted the Religious Freedom Restoration Act in 1993, Pub L. No. 103-141, 107 Stat. 1488 (), to respond to the Supreme Court's decision in Employment Division v. Smith, 494 U.S. 872 (1990), which had "virtually eliminated the requirement...
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