The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“GENERATIONS INVIGORATING VOLUNTEERISM AND EDUCATION ACT” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H1393-H1398 on March 6, 2008.
The publication is reproduced in full below:
GENERATIONS INVIGORATING VOLUNTEERISM AND EDUCATION ACT
The SPEAKER pro tempore. Pursuant to House Resolution 1015 and rule XVIII, the Chair declares the House in the Committee of the Whole House on the state of the Union for the further consideration of the bill, H.R. 2857.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the Whole House on the state of the Union for the further consideration of the bill (H.R. 2857) to reauthorize and reform the national service laws, with Mr. Holden (Acting Chairman) in the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole House rose earlier today, a request for a recorded vote on amendment No. 11 printed in House Report 110-539 by the gentleman from Washington (Mr. Inslee) had been postponed.
Pursuant to clause 6 of rule XVIII, proceedings will now resume on those amendments printed in House Report 110-539 on which further proceedings were postponed, in the following order:
Amendment No. 10 by Mr. Flake of Arizona.
Amendment No. 11 by Mr. Inslee of Washington.
The Chair will reduce to 5 minutes the time for any electronic vote after the first vote in this series.
Amendment No. 10 Offered by Mr. Flake
The Acting CHAIRMAN. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 153, noes 260, not voting 20, as follows:
AYES--153
AderholtAkinAlexanderBachusBarrett (SC)Bartlett (MD)BiggertBilbrayBilirakisBishop (UT)BlackburnBluntBoehnerBonnerBono MackBoozmanBoustanyBrady (TX)Broun (GA)Brown (SC)BuchananBurgessBurton (IN)BuyerCalvertCamp (MI)Campbell (CA)CannonCantorCarterChabotCobleCole (OK)ConawayCrenshawCubinCulbersonDavis (KY)Davis, DavidDeal (GA)DentDoolittleDrakeDreierDuncanEnglish (PA)EverettFallinFeeneyFlakeForbesFossellaFoxxFranks (AZ)Garrett (NJ)GerlachGillibrandGingreyGohmertGoodeGoodlatteGrangerGravesHall (TX)Hastings (WA)HayesHellerHensarlingHergerHobsonHoekstraHunterInglis (SC)IssaJohnson (IL)Johnson, SamJones (NC)JordanKing (IA)KingstonKline (MN)KnollenbergKuhl (NY)LambornLathamLewis (CA)Lewis (KY)LucasLungren, Daniel E.MackManzulloMarchantMarshallMcCarthy (CA)McCaul (TX)McCollum (MN)McCotterMcHenryMcKeonMcMorris RodgersMiller (FL)Miller (MI)Miller, GaryMoran (KS)MusgraveMyrickNeugebauerNunesPaulPearcePencePeterson (PA)PittsPrice (GA)PutnamRadanovichRehbergReichertReynoldsRogers (AL)Rogers (KY)Rogers (MI)RohrabacherRoskamRoyceRyan (WI)SaliSchmidtSensenbrennerSessionsShadeggShimkusShusterSimpsonSmith (NE)Smith (TX)SouderStearnsSullivanTancredoThornberryTiberiWalbergWampWeldon (FL)WestmorelandWhitfield (KY)Wilson (NM)Wilson (SC)Wittman (VA)WolfYoung (AK)Young (FL)
NOES--260
AbercrombieAckermanAllenAltmireAndrewsArcuriBacaBachmannBaldwinBarrowBarton (TX)BeanBecerraBerkleyBermanBerryBishop (GA)Bishop (NY)BlumenauerBordalloBorenBoswellBoucherBoyd (FL)Boyda (KS)Brady (PA)Braley (IA)Brown, CorrineButterfieldCapitoCappsCapuanoCardozaCarnahanCarneyCastleCastorChandlerChristensenClarkeClayCleaverClyburnCohenConyersCooperCostaCostelloCourtneyCramerCrowleyCuellarCummingsDavis (AL)Davis (CA)Davis (IL)Davis, LincolnDavis, TomDeFazioDeGetteDelahuntDeLauroDiaz-Balart, L.Diaz-Balart, M.DicksDingellDoggettDonnellyDoyleEdwardsEhlersEllisonEllsworthEmanuelEmersonEngelEshooEtheridgeFaleomavaegaFarrFattahFergusonFilnerFortenberryFrank (MA)GalleglyGiffordsGilchrestGordonGreen, AlGreen, GeneGrijalvaGutierrezHall (NY)HareHarmanHastings (FL)Herseth SandlinHigginsHillHincheyHinojosaHironoHodesHoldenHoltHondaHooleyHoyerInsleeIsraelJackson (IL)Jackson-Lee (TX)JeffersonJohnson (GA)Jones (OH)KagenKanjorskiKapturKennedyKildeeKilpatrickKindKing (NY)KirkKlein (FL)KucinichLaHoodLampsonLangevinLarsen (WA)Larson (CT)LaTouretteLattaLeeLevinLewis (GA)LipinskiLoBiondoLoebsackLofgren, ZoeLoweyLynchMahoney (FL)Maloney (NY)MarkeyMathesonMatsuiMcCarthy (NY)McDermottMcGovernMcHughMcIntyreMcNerneyMcNultyMeeks (NY)MelanconMicaMichaudMiller (NC)Miller, GeorgeMitchellMollohanMoore (KS)Moore (WI)Moran (VA)Murphy (CT)Murphy, PatrickMurphy, TimMurthaNadlerNapolitanoNeal (MA)NortonOberstarObeyOlverOrtizPallonePascrellPastorPaynePerlmutterPeterson (MN)PetriPickeringPlattsPomeroyPorterPrice (NC)RahallRamstadRegulaRenziReyesRichardsonRodriguezRos-LehtinenRossRothmanRoybal-AllardRuppersbergerRyan (OH)SalazarSanchez, Linda T.Sanchez, LorettaSarbanesSaxtonSchakowskySchwartzScott (GA)Scott (VA)SerranoShaysShea-PorterShermanShulerSiresSkeltonSlaughterSmith (NJ)Smith (WA)SnyderSpaceSprattStarkStupakSuttonTannerTauscherTaylorTerryThompson (CA)Thompson (MS)TierneyTownsTsongasTurnerUdall (CO)Udall (NM)UptonVan HollenVelazquezViscloskyWalden (OR)Walsh (NY)Walz (MN)Wasserman SchultzWatersWatsonWattWaxmanWeinerWelch (VT)WellerWexlerWilson (OH)WuWynnYarmuth
NOT VOTING--20
BairdBrown-Waite, GinnyFortunoFrelinghuysenGonzalezHulshofJohnson, E. B.KellerLinderMcCreryMeek (FL)PoePryce (OH)RangelRushSchiffSestakSolisTiahrtWoolsey
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Messrs. ROTHMAN, BRADY of Pennsylvania, WU, Mrs. CAPPS, Mr. CARDOZA, Ms. SCHAKOWSKY, Messrs. TIM MURPHY of Pennsylvania, OBERSTAR, RAMSTAD, TANNER, EHLERS and FORTENBERRY changed their vote from ``aye'' to
``no.''
Messrs. KNOLLENBERG, DAVIS of Kentucky, CAMP of Michigan and REYNOLDS changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. SCHIFF. Mr. Chairman, on rollcall No. 105, had I been present, I would have voted ``no.''
Ms. McCOLLUM of Minnesota. Mr. Chairman, I intended to vote '``no'' on amendment number 10 of House Report 110-539 offered by Mr. Flake of Arizona during debate on H.R. 2857, the Generations Invigorating Volunteerism and Education Act.
Amendment No. 11 Offered by Mr. Inslee
The Acting CHAIRMAN. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from Washington
(Mr. Inslee) on which further proceedings were postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 252, noes 161, not voting 20, as follows:
AYES--252
AbercrombieAckermanAllenAltmireAndrewsArcuriBacaBairdBaldwinBarrowBartlett (MD)BeanBecerraBerkleyBermanBerryBilbrayBishop (GA)Bishop (NY)BlumenauerBordalloBorenBoswellBoucherBoyd (FL)Boyda (KS)Brady (PA)Braley (IA)Brown, CorrineButterfieldCapitoCappsCapuanoCardozaCarnahanCarneyCastleCastorChandlerChristensenClarkeClayCleaverClyburnCohenConyersCooperCosta CostelloCourtneyCramerCrowleyCuellarCummingsDavis (AL)Davis (CA)Davis (IL)Davis, LincolnDeFazioDeGetteDelahuntDeLauroDiaz-Balart, L.DicksDingellDoggettDonnellyDoyleEdwardsEhlersEllisonEllsworthEmanuelEngelEshooEtheridgeFaleomavaegaFarrFattahFergusonFilnerFortenberryFrank (MA)FrelinghuysenGiffordsGilchrestGillibrandGordonGreen, AlGreen, GeneGrijalvaGutierrezHall (NY)HareHarmanHastings (FL)Herseth SandlinHigginsHillHincheyHinojosaHironoHodesHoldenHondaHooleyHoyerInsleeIsraelJackson (IL)JeffersonJohnson (GA)Johnson (IL)Jones (OH)KagenKanjorskiKapturKennedyKildeeKilpatrickKindKirkKlein (FL)KucinichLampsonLangevinLarsen (WA)Larson (CT)LaTouretteLeeLevinLewis (GA)LipinskiLoBiondoLoebsackLofgren, ZoeLoweyLynchMahoney (FL)Maloney (NY)MarkeyMarshallMathesonMatsuiMcCarthy (NY)McCollum (MN)McDermottMcGovernMcHughMcIntyreMcNerneyMcNultyMeek (FL)Meeks (NY)MelanconMichaudMiller (MI)Miller (NC)Miller, GeorgeMitchellMollohanMoore (KS)Moore (WI)Moran (VA)Murphy (CT)Murphy, PatrickMurthaNadlerNapolitanoNeal (MA)NortonOberstarObeyOlverOrtizPallonePascrellPastorPaynePerlmutterPeterson (MN)Peterson (PA)PomeroyPorterPrice (NC)RahallRamstadReichertRenziReyesRichardsonRodriguezRos-LehtinenRossRothmanRoybal-AllardRuppersbergerRyan (OH)SalazarSanchez, Linda T.Sanchez, LorettaSarbanesSaxtonSchakowskySchiffSchwartzScott (GA)Scott (VA)ShaysShea-PorterShermanShulerSiresSkeltonSlaughterSmith (NJ)Smith (WA)SnyderSouderSpaceSprattStarkStupakSuttonTannerTauscherTaylorThompson (CA)Thompson (MS)TierneyTownsTsongasUdall (CO)Udall (NM)UptonVan HollenVelazquezViscloskyWalz (MN)Wasserman SchultzWatersWatsonWattWaxmanWeinerWelch (VT)WellerWexlerWilson (OH)WuWynnYarmuth
NOES--161
AderholtAkinAlexanderBachmannBachusBarrett (SC)Barton (TX)BiggertBilirakisBishop (UT)BlackburnBluntBoehnerBonnerBono MackBoozmanBoustanyBrady (TX)Broun (GA)Brown (SC)BuchananBurgessBurton (IN)BuyerCalvertCamp (MI)Campbell (CA)CannonCantorCarterChabotCobleCole (OK)ConawayCrenshawCubinCulbersonDavis (KY)Davis, DavidDavis, TomDeal (GA)DentDiaz-Balart, M.DoolittleDrakeDreierDuncanEmersonEnglish (PA)EverettFallinFeeneyFlakeForbesFossellaFoxxFranks (AZ)GalleglyGarrett (NJ)GerlachGingreyGohmertGoodeGoodlatteGrangerGravesHall (TX)Hastings (WA)HayesHellerHensarlingHergerHobsonHoekstraHunterInglis (SC)IssaJohnson, SamJones (NC)JordanKing (IA)King (NY)KingstonKline (MN)KnollenbergKuhl (NY)LaHoodLambornLathamLattaLewis (KY)LucasLungren, Daniel E.MackManzulloMarchantMcCarthy (CA)McCaul (TX)McCotterMcHenryMcKeonMcMorris RodgersMicaMiller (FL)Miller, GaryMoran (KS)Murphy, TimMusgraveMyrickNeugebauerNunesPaulPearcePencePetriPickeringPittsPlattsPrice (GA)PutnamRadanovichRegulaRehbergReynoldsRogers (AL)Rogers (KY)Rogers (MI)RohrabacherRoskamRoyceRyan (WI)SaliSchmidtSensenbrennerSessionsShadeggShimkusShusterSimpsonSmith (NE)Smith (TX)StearnsSullivanTancredoTerryThornberryTiberiTurnerWalbergWalden (OR)Walsh (NY)WampWeldon (FL)WestmorelandWhitfield (KY)Wilson (NM)Wilson (SC)Wittman (VA)WolfYoung (AK)Young (FL)
NOT VOTING--20
Brown-Waite, GinnyFortunoGonzalezHoltHulshofJackson-Lee (TX)Johnson, E. B.KellerLewis (CA)LinderMcCreryPoePryce (OH)RangelRushSerranoSestakSolisTiahrtWoolsey
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised there are 2 minutes remaining in this vote.
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So the amendment was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIRMAN. The question is on the committee amendment in the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended, was agreed to.
The Acting CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Pastor) having assumed the chair, Mr. Holden, Acting Chairman of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration the bill (H.R. 2857) to reauthorize and reform the national service laws, pursuant to House Resolution 1015, he reported the bill back to the House with an amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is ordered.
Is a separate vote demanded on any amendment to the amendment reported from the Committee of the Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was read the third time.
Motion to Recommit Offered by Mr. Daniel E. Lungren of California
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. DANIEL E. LUNGREN of California. In its current form I am.
The SPEAKER pro tempore. The Clerk will report the motion to recommit.
The Clerk read as follows:
Mr. Daniel E. Lungren of California moves to recommit the bill, H.R. 2857, to the Committee on Education and Labor with instructions to report the same back to the House forthwith with the following amendment:
Strike all after the enacting clause and insert the text of the bill H.R. 3773 as passed by the Senate on February 12, 2008.
point of order
Mr. GEORGE MILLER of California. Mr. Speaker, I raise a point of order that the motion to recommit contains nongermane instructions in violation of clause 7, rule XVI. The instructions in the motion to recommit address an unrelated matter within the jurisdiction of a committee not represented in the underlying bill.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I wish to be heard on the point of order.
The SPEAKER pro tempore. The Chair recognizes the gentleman from California.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, it is unfortunate the gentleman has raised this point of order rather than allowing a straight up-or-down vote on the Senate-passed FISA legislation.
Let me speak specifically to the point of order and why, in fact, this motion to recommit is in order.
The underlying purpose of the germaneness rule is that it ``prevents the presentation to the House of propositions that might not reasonably be anticipated and for which it might not be properly prepared.'' I cite to 8 Cannon, section 2993. That is clearly not the case here in that this body has dealt extensively with the subject matter of the Foreign Intelligence Surveillance Act. And, in fact, we were informed by the majority that we were to be prepared to vote on that this week.
Mr. GEORGE MILLER of California. Mr. Speaker, the scheduling of the House is not the subject of this point of order. I raised a point of order that the motion addresses the jurisdiction of committees not represented in the underlying bill. Neither the Judiciary Committee or the Intelligence Committee is represented in the underlying bill, not the schedule of the House.
The SPEAKER pro tempore. The Chair will continue to hear the gentleman from California, Representative Lungren, discuss the point of order.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, despite the difference in titles of H.R. 2857 and H.R. 3773 relating to the motion, that is not controlling under Deschler-Brown, chapter 28, section 24. As a matter of fact, it refers to the fundamental purpose of the motion. The fundamental purpose of this motion does relate to H.R. 2857, as required by sections 935 and 936 of the House manual.
The report on H.R. 2857 from the gentleman's committee states clearly in its statement of purpose of the bill found on page 57 of that report that the legislation seeks to emphasize, and I quote, ``the critical role of service in meeting the national priorities of emergency and disaster preparedness; and improves program integrity.'' That is from the report on the bill from the gentleman's committee.
In other words, the critical issue of homeland security provides the required nexus between the subject matters of H.R. 2857 and the motions as required under sections 935 and 936 of the House manual.
Further, I would argue, it is clear that the subject matter requirements of section 935 and 936 of the House manual are satisfied. A specific section of the legislation brought to the floor by the gentleman's committee relating to ``Emergency and Disaster Preparedness'' provides on page 71 of the gentleman's committee report that ``H.R. 2857 supports the role of service in addressing emergency and disaster preparedness.'' These are the words from the gentleman's committee's report. ``In addition, this program may engage Federal, State, and local stakeholders to collaborate to achieve a more effective response to issue public safety, public health, emergencies and disasters.''
Mr. GEORGE MILLER of California. Mr. Speaker, I insist upon my point of order. The gentleman again is speaking to the scheduling of the floor of the House. The bill, in its entirety, speaks to national voluntary service. The gentleman, I guess, is talking about the intelligence service. And the fact of the matter is, under the point of order there is nothing in this legislation within the jurisdiction of the committees, for the motion to recommit, of the Intelligence Committee or the Judiciary Committee, and I insist upon my point of order.
Mr. DANIEL E. LUNGREN of California. May I continue my response?
The SPEAKER pro tempore. The Chair will continue to hear the gentleman from California as long as he confines his remarks to the point of order.
Mr. DANIEL E. LUNGREN of California. I was attempting to specify the germaneness, quoting specifically from the language of the committee report justifying support for this bill. I did not bring up public safety, public health, emergencies and disasters and effective response thereto. That is the premise contained in the bill and the committee report.
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Mr. Speaker, if we are to be able to respond to public safety, emergencies, and disasters, it does not limit it in the language of the gentleman's committee report to natural disasters. It therefore includes man-made disasters, of which we are very, very cognizant. And 9/11 is perhaps the greatest example. So the bill itself justifies its existence in that the individuals, under the ambit of the bill, to support responses for public safety, public health, emergencies, and disasters are affected in very specific ways by our capacity, our capacity, to determine beforehand what the nature of the disasters and emergencies would be and therefore allow us to array our individuals under this bill in concert, as is stated by the gentleman's report, to collaborate with Federal, State, and local stakeholders. In that way my amendment is very much germane to the main purpose of the bill and the specifics of the bill.
Finally, the language of H.R. 2857 emphasizes the ability to deploy the National Civilian Community Corps to emergencies and disasters. It does not limit it to natural emergencies or disasters, therefore including terrorist attacks.
Mr. GEORGE MILLER of California. Mr. Speaker, I insist on my point of order. Again, had we been involved with the committees of jurisdiction that the gentleman is referring to, the bill would have been referred by the Parliamentarian to those committees, and it was not. And let me just inform the gentleman. I know he's been out for a couple of days and he comes back with great vigor, and I admire his arguments. But there is nothing within the programs of Teach for America or the Boys and Girls Club of America or the Big Brothers Big Sisters program or the YouthBuild or the National Council on Aging or the Senior Citizen Nutrition Program or the American Red Cross, there is nothing in those programs that require that they eavesdrop or wiretap anybody's phones before they can deliver their services. And there is nothing within the jurisdiction of this legislation or of this committee that deals with those matters, and there is nothing in this bill that deals with the matters within the jurisdiction of those committees. And I insist upon my point of order.
The SPEAKER pro tempore. The Chair will allow the gentleman from California 2 minutes to close his argument.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, the gentleman says, with some humor in his voice, that we ought not to be considering the question of wiretapping. That is not the question we bring before us today. The question we bring before of us today and why this is germane is whether or not we have the ability to listen in on those who would kill us and therefore prepare for these disasters before they occur and, more than that, prevent them.
Mr. GEORGE MILLER of California. Mr. Speaker, the gentleman from California is required to speak to the point of order.
Mr. DANIEL E. LUNGREN of California. I am speaking to the point of order.
The SPEAKER pro tempore. The chair has estimated that the gentleman would need 2 minutes to conclude his argument, and 1 minute remains.
Mr. GEORGE MILLER of California. Parliamentary inquiry, Mr. Speaker.
The gentleman must speak to the point of order which has been made with respect to the fact that there is nothing in this committee speaking to those jurisdictions.
The SPEAKER pro tempore. The Chair is willing to hear the gentleman from California for another minute to conclude his argument on the point of order.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, to suggest that intelligence gathered to prevent disaster has nothing to do with the ability of those we are asking under this bill to respond to disaster reminds one of the comment in literature years ago when one was confronted with the incongruity of the law and that person responded by saying: The law, sir, is an ass.
I would not suggest we are at that point here, but I would suggest this: for anyone to say that, to blind ourselves to the information that would allow us to prevent disasters and prepare for the disasters, to say that that is irrelevant to the debate today shows how irrelevant the debate today is to the needs of the people of the State of California, the Nation, and, frankly, our allies. It is germane, Mr. Speaker.
The SPEAKER pro tempore. The chair has heard the gentlemen's argument.
The Chair will hears individual Members in turn. They may not yield to one another. They may not interrupt one another except by proper objection concerning relevance.
Mr. GEORGE MILLER of California. Mr. Speaker, I insist upon my point of order.
And I appreciate that perhaps there's some confusion on the other side of the aisle between the Big Brothers of this program and Big Brother that you're thinking about.
I insist upon my point of order.
The SPEAKER pro tempore. The Chair is prepared to rule.
As the Chair most recently ruled on March 5, 2008, the instructions in the motion to recommit address a matter unrelated to the issues addressed in the underlying bill, and within the jurisdiction of committees not represented in the underlying bill. The instructions are therefore not germane, and the point of order is sustained. The motion is not in order.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I move to appeal the Speaker's ruling, with all due respect.
The SPEAKER pro tempore. The question is: Shall the decision of the Chair stand as the judgment of the House?
Motion to Table Offered by Mr. George Miller of California
Mr. GEORGE MILLER of California. Mr. Speaker, I move to lay the appeal on the table.
The SPEAKER pro tempore. The question is on the motion to table.
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 221, nays 191, answered ``present'' 1, not voting 15, as follows:
YEAS--221
AbercrombieAckermanAllenAltmireAndrewsArcuriBacaBairdBaldwinBeanBecerraBerkleyBermanBerryBishop (GA)Bishop (NY)BlumenauerBorenBoswellBoucherBoyd (FL)Boyda (KS)Brady (PA)Braley (IA)Brown, CorrineButterfieldCappsCapuanoCardozaCarnahanCarneyCastorChandlerClarkeClayCleaverClyburnCohenConyersCooperCostaCostelloCourtneyCramerCrowleyCuellarCummingsDavis (AL)Davis (CA)Davis (IL)DeFazioDeGetteDelahuntDeLauroDicksDingellDoggettDonnellyDoyleEdwardsEllisonEllsworthEmanuelEngelEshooEtheridgeFarrFattahFilnerFrank (MA)GiffordsGilchrestGillibrandGordonGreen, AlGreen, GeneGrijalvaGutierrezHall (NY)HareHarmanHastings (FL)Herseth SandlinHigginsHillHincheyHinojosaHironoHodesHoldenHoltHondaHooleyHoyerInsleeIsraelJackson (IL)Jackson-Lee (TX)JeffersonJohnson (GA)Jones (OH)KagenKanjorskiKapturKennedyKildeeKilpatrickKindKlein (FL)KucinichLangevinLarsen (WA)Larson (CT)LeeLevinLewis (GA)LipinskiLoebsackLofgren, ZoeLoweyLynchMahoney (FL)Maloney (NY)MarkeyMarshallMatsuiMcCarthy (NY)McCollum (MN)McDermottMcGovernMcIntyreMcNerneyMcNultyMeek (FL)Meeks (NY)MelanconMichaudMiller (NC)Miller, GeorgeMitchellMollohanMoore (KS)Moore (WI)Moran (VA)Murphy (CT)Murphy, PatrickMurthaNadlerNapolitanoNeal (MA)OberstarObeyOlverOrtizPallonePascrellPastorPaulPaynePerlmutterPeterson (MN)PomeroyPrice (NC)RahallReyesRichardsonRodriguezRossRothmanRoybal-AllardRuppersbergerRyan (OH)SalazarSanchez, Linda T.Sanchez, LorettaSarbanesSchakowskySchiffSchwartzScott (GA)Scott (VA)SerranoShea-PorterShermanShulerSiresSkeltonSlaughterSmith (WA)SnyderSpaceSprattStarkStupakSuttonTannerTauscherTaylorThompson (CA)Thompson (MS)TierneyTownsTsongasUdall (CO)Udall (NM)Van HollenVelazquezViscloskyWalz (MN)Wasserman SchultzWatersWatsonWattWaxmanWeinerWelch (VT)WexlerWilson (OH)WuWynnYarmuth
NAYS--191
AderholtAkinAlexanderBachmannBachusBarrett (SC)BarrowBartlett (MD)Barton (TX)BiggertBilbrayBilirakisBishop (UT)BlackburnBluntBoehnerBonnerBono MackBoozmanBoustanyBrady (TX)Broun (GA)Brown (SC)BuchananBurgessBurton (IN)BuyerCalvertCamp (MI)Campbell (CA)CannonCantorCapitoCarterCastleChabotCobleCole (OK)ConawayCrenshawCubinCulbersonDavis (KY)Davis, DavidDavis, LincolnDavis, TomDeal (GA)DentDiaz-Balart, L.Diaz-Balart, M.DoolittleDrakeDreierDuncanEhlersEmersonEnglish (PA)EverettFallinFeeneyFergusonFlakeForbesFortenberryFossellaFoxxFranks (AZ)FrelinghuysenGalleglyGarrett (NJ)GerlachGingreyGohmertGoodeGoodlatteGrangerGravesHall (TX)Hastings (WA)HayesHellerHensarlingHergerHobsonHoekstraHunterInglis (SC)IssaJohnson, SamJones (NC)JordanKing (IA)King (NY)KingstonKirkKline (MN)KnollenbergKuhl (NY)LaHoodLambornLampsonLathamLaTouretteLattaLewis (CA)Lewis (KY)LoBiondoLucasLungren, Daniel E.MackManzulloMarchantMathesonMcCarthy (CA)McCaul (TX)McCotterMcHenryMcHughMcKeonMcMorris RodgersMicaMiller (FL)Miller (MI)Miller, GaryMoran (KS)Murphy, TimMusgraveMyrickNeugebauerNunesPearcePencePeterson (PA)PetriPickeringPittsPlattsPorterPrice (GA)PutnamRadanovichRamstadRegulaRehbergReichertRenziReynoldsRogers (AL)Rogers (KY)Rogers (MI)RohrabacherRos-LehtinenRoskamRoyceRyan (WI)SaliSaxtonSchmidtSensenbrennerSessionsShadeggShaysShimkusShusterSimpsonSmith (NE)Smith (NJ)Smith (TX)SouderStearnsSullivanTancredoTerryThornberryTiahrtTiberiTurnerUptonWalbergWalden (OR)Walsh (NY)WampWeldon (FL)WellerWestmorelandWhitfield (KY)Wilson (NM)Wilson (SC)Wittman (VA)WolfYoung (AK)
ANSWERED ``PRESENT''--1
Johnson (IL)
NOT VOTING--15
Brown-Waite, GinnyGonzalezHulshofJohnson, E. B.KellerLinderMcCreryPoePryce (OH)RangelRushSestakSolisWoolseyYoung (FL)
{time} 1440
Mr. BURGESS changed his vote from ``yea'' to ``nay.''
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
PERSONAL EXPLANATION
Mr. TIAHRT. Mr. Speaker, on rollcall Nos. 105-107, I was unavoidably detained. Had I been present, I would have voted ``aye'' on rollcall 105, ``no'' on rollcall 106, and ``nay'' on rollcall 107.
Motion to Recommit Offered by Mr. Kuhl of New York
Mr. KUHL of New York. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. KUHL of New York. In its current form, I am.
The SPEAKER pro tempore. The Clerk will report the motion to recommit.
The Clerk read as follows:
Mr. Kuhl of New York moves to recommit the bill H.R. 2857 to the Committee on Education and Labor with instructions to report the same back to the House promptly with the following amendments:
Page 123, line 10, strike the quotation marks and period.
Page 123, after line 10, insert the following new section:
``SEC. 189D. CRIMINAL HISTORY CHECKS.
``(a) In General.--Entities selecting individuals to serve in a position in which the individual receives a Corporation grant-funded living allowance, stipend, education award, salary, or other remuneration in a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals.
``(b) Requirements.--A criminal history check shall, except in cases approved for good cause by the Corporation, include a name-based search of the Department of Justice National Sex Offender Public Registry and--
``(1) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or
``(2) a Federal Bureau of Investigation fingerprint check.
``(c) Eligibility Prohibition.--An individual shall be ineligible to serve in a position described under subsection
(a) if such individual--
``(1) refuses to consent to the criminal history check described in subsection (b);
``(2) makes a false statement in connection with such criminal history check;
``(3) is registered, or is required to be registered, on a State sex offender registry or the national sex offender registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
``(4) has been convicted of murder, as described in section 1111 of title 18, United States Code.''.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. KUHL of New York. Thank you, Mr. Speaker.
I rise to offer this motion to recommit to strengthen the bill before us, H.R. 2857, and the national service laws to ensure that we are all doing what we can to protect those individuals being served by these programs and by the Federal investment in national service.
Sparked by a 2005 Inspector General report that found rampant, and I recognize and emphasize that word ``rampant,'' noncompliance with individual grant provisions requiring background checks, the Corporation for National Community Service recently completed a rulemaking process to institute background checks for any individuals seeking a federally funded national service position within the Senior Companion and the Foster Grandparent program and from the AmeriCorps positions in which individuals have access to a vulnerable population.
{time} 1445
The regs also prohibited individuals from serving in these positions if they were registered sex offenders.
Mr. Speaker, I applaud the administration for taking these steps to protect vulnerable populations being served by the national service programs. But I believe that we should go further and provide more protection.
First, this motion to recommit would codify the corporation's regulations, ensuring that these protections are not subject to the whims of future administrations. Despite current efforts, program audits conducted by the Office of the Inspector General have detected a disturbing pattern of noncompliance with criminal background check provision requirements. In some cases, programs have failed to conduct checks.
Just as disturbing, however, other programs have failed to retain the documentation providing this background check information that was conducted for members working with youth and other vulnerable persons.
Second, this motion to recommit would expand on the corporation's efforts by including, and I emphasize that, including all federally funded national service provision positions, not just those within the foster grandparents and senior competitive programs or just those AmeriCorps programs dealing with specific populations.
Finally, Mr. Speaker, in addition to prohibiting registered sex offenders from serving in these positions, this motion to recommit would include those individuals convicted of murder as well.
Mr. Speaker, our message is clear with this motion to recommit: if you are a program receiving assistance under these national service laws and are accepting participants to serve in federally funded programs and positions within your program, we expect you to screen those potential participants to ensure that they are not, and I emphasize again, not registered sex offenders or convicted murderers. And if you wish to serve in federally funded national service positions, some of which include as their reward an education award that exceeds that which is received by low-income students through the form of a Pell Grant, you are not welcome if you have committed these crimes.
Mr. Speaker, some people would ask, Why do we include these crimes? We believe that these crimes are so egregious that they demand Federal action. But also we hope that by requiring criminal history background checks, programs will have increased information with which they can exercise good judgment. It only seems to make sense. To repeat myself, we also hope that by requiring criminal background checks, programs will have the increased information from which they can exercise good judgment in deciding who deserves the rewards that come with federally funded national service positions.
Mr. Speaker, I urge my colleagues to support this motion to recommit, which would provide the Education and Labor Committee further time to deliberate on this important topic. This motion expresses a loud and clear message that the House of Representatives believes that those in need who are served by programs supported with assistance under these laws should be assured that they will not be placed in harm's way when approaching these programs for help.
Mr. Speaker, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I rise to speak to the motion.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. GEORGE MILLER of California. As I understand the motion, Mr. Speaker, it is to codify the regulations that were finalized in November of last year that the Department has proposed for background checks and protection of the programs; is that correct?
Mr. KUHL of New York. If the gentleman will yield, that is one aspect of the motion. It goes farther than that.
Mr. GEORGE MILLER of California. Mr. Speaker, reclaiming my time, I think we agree with you, and I would ask if the gentleman would accept a unanimous consent request to change ``promptly'' to ``forthwith'' so we could vote on it now and report the bill out.
Mr. KUHL of New York. Mr. Speaker, I recently sat and listened to the debate on the prior attempt to bring a motion to recommit on a significant issue, that being the Foreign Intelligence Surveillance Act. If the gentleman would amend his unanimous consent request to include that so we might have a vote, I would be happy to.
Mr. GEORGE MILLER of California. Mr. Speaker, I reclaim my time.
I just want to say that this is unfortunate, because this is an amendment that we would agree to. It embodies the regulations supported by the Bush administration. It affects a program that has huge bipartisan support in all of our communities, that the President is in support of and is looking for the opportunity to sign this bill. But the gentleman insists upon making his motion in the form of
``promptly,'' so that the bill has to go back to committee, which makes everything much more complicated in terms of the passage of this bill.
Mr. KUHL of New York. Mr. Speaker, will the gentleman yield?
Mr. GEORGE MILLER of California. I yield to the gentleman from New York.
Mr. KUHL of New York. Mr. Speaker, it is my understanding that the appropriations for these particular programs don't expire for another several months.
Mr. GEORGE MILLER of California. I reclaim my time and would just say that this amendment was never offered in committee, it was never taken to the Rules Committee. This is sort of a ``gotcha.'' But, unfortunately, it dramatically impacts the timetable for this bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 1015, further proceedings on the bill will be postponed.
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