[Congressional Record Volume 153, Number 173 (Thursday, November 8, 2007)]
[House]
[Pages H13387-H13388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
APPOINTMENT OF CONFEREES ON H.R. 3093, COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2008
Mr. MOLLOHAN. Mr. Speaker, pursuant to clause 1 of rule XXII and by
direction of the Committee on Appropriations, I move to take from the
Speaker's table the bill (H.R. 3093) making appropriations for the
Departments of Commerce, Justice, Science, and Related Agencies for the
fiscal year ending September 30, 2008, and for other purposes, with a
Senate amendment thereto, disagree to the Senate amendment, and agree
to the conference asked by the Senate.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Snyder). The question is on the motion.
The motion was agreed to.
A motion to reconsider was laid on the table.
Motion To Instruct Offered by Mr. Frelinghuysen
Mr. FRELINGHUYSEN. Mr. Speaker, I offer a motion to instruct
conferees.
The Clerk read as follows:
Mr. Frelinghuysen moves that the managers on the part of
the House at the conference on the disagreeing votes of the
two Houses on the bill, H.R. 3093, be instructed to recede to
section 527 of the Senate amendment.
The SPEAKER pro tempore. Pursuant to clause 7 of rule XXII, the
gentleman from New Jersey (Mr. Frelinghuysen) and the gentleman from
West Virginia (Mr. Mollohan) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Speaker, this motion to instruct is
straightforward. It instructs the House conferees to recede to the
Senate on a provision in the Senate-passed bill that would prevent the
Equal Employment Opportunity Commission from using funds to initiate
civil action against an organization which requires its employees to
speak English at work.
This provision was motivated by a lawsuit filed earlier this year
against the Salvation Army. In that particular case, the EEOC sued the
Salvation Army over its policy that its employees speak English. The
lawsuit sought hundreds of thousands of dollars in monetary and
punitive damages.
What is more troubling is that when you look at the history of this
issue, you will find a Federal court ruling almost 4 years ago that
upheld the Salvation Army's policy that employees speak English at
work. You will also find that the Salvation Army gave the two employees
a year to learn English before it took action to terminate them.
The EEOC has an important mission, one which we all support.
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The EEOC currently has a tremendous backlog of pending cases,
approximately 46,000, a number that the Commission estimates will grow.
At a time when the EEOC is struggling to fulfill its mission, cases
like this lead one to questions about the Commission's ability to set
priorities.
By insisting on the Senate amendment, we are sending an important
message to the EEOC that we expect them to prioritize their actions and
work diligently to address the major discrimination issues facing the
American workers.
Mr. Speaker, I urge adoption of the motion and reserve the balance of
my time.
Mr. MOLLOHAN. Mr. Speaker, I rise in opposition to the amendment.
Mr. Speaker, I agree with the gentleman that this amendment would
send an important message to the EEOC, but I agree it's important for a
different reason. I think it's important because I think it would be a
perverse message.
[[Page H13388]]
The United States Congress has, in previous years, passed legislation
specifically granting to the EEOC authorization and responsibility to
work on behalf of employees where they face discrimination in the
workplace. That legislation anticipated an opening of a remedy for
employees. This amendment would close a remedy for employees.
These cases should be decided on their facts. If we were to adopt
this motion and the conference were to include the amendment in its
agreement, then the EEOC would not have an opportunity to look at the
facts and represent employees pursuant thereto. Therefore, we do oppose
the amendment.
I want to point out that the court in this case upheld the decision
and upheld the position of the employer in this case. That's well and
good.
What's important in that is that the court, through due process,
decided the matter. That's the way the EEOC ought to operate, not
through Congress in a motion to instruct conferees and in an
appropriation conference, taking away what the Congress has already
given jurisdiction in these cases.
Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I urge adoption of the motion.
I yield back the balance of my time.
Mr. MOLLOHAN. Mr. Speaker, I urge in the strongest terms opposition
to the motion.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to instruct.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to instruct.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. FRELINGHUYSEN. 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 218,
nays 186, not voting 28, as follows:
[Roll No. 1076]
YEAS--218
Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Biggert
Bilbray
Bilirakis
Bishop (GA)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carnahan
Carney
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Conyers
Costello
Culberson
Cummings
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
Dent
Donnelly
Doolittle
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gillibrand
Gingrey
Gohmert
Goode
Goodlatte
Graves
Hall (TX)
Harman
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Lampson
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Mack
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
Meeks (NY)
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Ramstad
Regula
Rehberg
Reichert
Renzi
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Ross
Rothman
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuler
Shuster
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Space
Spratt
Stearns
Sullivan
Tancredo
Taylor
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NAYS--186
Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baca
Baldwin
Barton (TX)
Becerra
Berkley
Berman
Berry
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Cooper
Costa
Courtney
Cramer
Crowley
Cuellar
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doggett
Edwards
Ellison
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Hastings (FL)
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Lee
Lewis (GA)
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McNulty
Meek (FL)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Slaughter
Smith (WA)
Snyder
Solis
Stark
Stupak
Sutton
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Woolsey
Wu
Yarmuth
NOT VOTING--28
Bean
Bishop (UT)
Boren
Buyer
Carson
Crenshaw
Cubin
Dicks
Doyle
Giffords
Granger
Hastert
Holden
Jindal
LaHood
Lantos
Larson (CT)
Levin
Lungren, Daniel E.
Moran (VA)
Oberstar
Paul
Radanovich
Reynolds
Simpson
Tanner
Westmoreland
Wynn
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes remaining on the vote.
{time} 2053
Ms. CASTOR and Messrs. SESTAK, LYNCH, HODES and DeFAZIO changed their
vote from ``yea'' to ``nay.''
Messrs. McNERNEY, COSTELLO, COLE of Oklahoma, BAIRD and KAGEN changed
their vote from ``nay'' to ``yea.''
So the motion to instruct was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Without objection, the Chair appoints the
following conferees:
Messrs. Mollohan, Kennedy, Fattah, Ruppersberger, Schiff, Honda, Ms.
DeLauro, Messrs. Price of North Carolina, Obey, Frelinghuysen,
Culberson, Rogers of Kentucky, Latham, Aderholt and Lewis of
California.
There was no objection.
____________________