[Congressional Record Volume 157, Number 135 (Tuesday, September 13, 2011)]
[House]
[Pages H6119-H6123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         EMPOWERING PARENTS THROUGH QUALITY CHARTER SCHOOLS ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 392 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. 2218.

                              {time}  1316


                     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. 2218) to amend the charter school program under the 
Elementary and Secondary Education Act of 1965, with Mr. Yoder (Acting 
Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Thursday, 
September 8, 2011, a request for a recorded vote on amendment No. 8 
printed in part A of House Report 112-200 by the gentleman from Iowa 
(Mr. King) had been postponed.
  Pursuant to clause 6 of rule XVIII, proceedings will now resume on 
those amendments printed in part A of House Report 112-200 on which 
further proceedings were postponed, in the following order:
  Amendment No. 7 by Mr. Holt of New Jersey.
  Amendment No. 8 by Mr. King of Iowa.
  The Chair will reduce to 2 minutes the minimum time for the second 
electronic vote in this series.


                  Amendment No. 7 Offered by Mr. Holt

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Jersey 
(Mr. Holt) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 195, 
noes 220, not voting 16, as follows:

                             [Roll No. 702]

                               AYES--195

     Ackerman
     Altmire
     Andrews
     Baldwin
     Barrow
     Bartlett
     Bass (CA)
     Bass (NH)
     Becerra
     Berkley
     Berman
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Dent
     Deutch
     Dicks
     Dingell
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Fitzpatrick
     Frank (MA)
     Fudge
     Garamendi
     Gerlach
     Gibson
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Lee (CA)
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinley
     McNerney
     Meehan
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Richardson
     Richmond
     Ross (AR)
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--220

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Austria
     Bachus
     Barton (TX)
     Benishek
     Berg
     Biggert
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     DesJarlais
     Diaz-Balart
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Speier
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--16

     Baca
     Bachmann
     Barletta
     Capuano
     Giffords
     Himes
     King (NY)
     Larson (CT)
     Lewis (GA)
     Lynch
     Marino
     Miller, Gary
     Noem
     Reyes
     Towns
     Visclosky


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1344

  Messrs. ROHRABACHER, REED, DENHAM, DUFFY, ROSKAM, GINGREY of Georgia, 
Mrs. SCHMIDT, and Mrs. BLACK changed their vote from ``aye'' to ``no.''
  Messrs. LEVIN, DAVID SCOTT of Georgia, and Ms. TSONGAS changed their 
vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


              Amendment No. 8 Offered by Mr. King of Iowa

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Iowa (Mr. 
King) on which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.

[[Page H6120]]

  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 43, 
noes 374, not voting 14, as follows:

                             [Roll No. 703]

                                AYES--43

     Amash
     Bartlett
     Bishop (UT)
     Blackburn
     Brooks
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell
     Chaffetz
     Coffman (CO)
     Duncan (SC)
     Duncan (TN)
     Flake
     Fleming
     Franks (AZ)
     Garrett
     Gohmert
     Graves (GA)
     Harris
     Huelskamp
     Huizenga (MI)
     Hultgren
     Jenkins
     Johnson (OH)
     Jordan
     King (IA)
     Lamborn
     Mack
     McClintock
     Miller (FL)
     Mulvaney
     Paul
     Pence
     Poe (TX)
     Pompeo
     Price (GA)
     Renacci
     Rigell
     Southerland
     Stutzman
     Walsh (IL)
     Westmoreland

                               NOES--374

     Ackerman
     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Andrews
     Austria
     Baca
     Bachus
     Baldwin
     Barrow
     Barton (TX)
     Bass (CA)
     Bass (NH)
     Becerra
     Benishek
     Berg
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Black
     Blumenauer
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (FL)
     Buchanan
     Bucshon
     Buerkle
     Butterfield
     Calvert
     Camp
     Canseco
     Cantor
     Capito
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castor (FL)
     Chabot
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cravaack
     Crawford
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     DeLauro
     Denham
     Dent
     DesJarlais
     Deutch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Dreier
     Duffy
     Edwards
     Ellison
     Ellmers
     Emerson
     Engel
     Eshoo
     Farenthold
     Farr
     Fattah
     Filner
     Fincher
     Fitzpatrick
     Fleischmann
     Flores
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (MO)
     Green, Al
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grijalva
     Grimm
     Guinta
     Guthrie
     Gutierrez
     Hahn
     Hall
     Hanabusa
     Hanna
     Harper
     Hartzler
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Heck
     Heinrich
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Hurt
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kaptur
     Keating
     Kelly
     Kildee
     Kind
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Kucinich
     Labrador
     Lance
     Landry
     Langevin
     Lankford
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Levin
     Lewis (CA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Long
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Maloney
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Meeks
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Murphy (PA)
     Myrick
     Nadler
     Napolitano
     Neal
     Neugebauer
     Nugent
     Nunes
     Nunnelee
     Olson
     Olver
     Owens
     Palazzo
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pearce
     Pelosi
     Perlmutter
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Polis
     Posey
     Price (NC)
     Quayle
     Quigley
     Rahall
     Rangel
     Reed
     Rehberg
     Reichert
     Reyes
     Ribble
     Richardson
     Richmond
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Rothman (NJ)
     Roybal-Allard
     Royce
     Runyan
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schilling
     Schmidt
     Schock
     Schrader
     Schwartz
     Schweikert
     Scott (SC)
     Scott (VA)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Serrano
     Sessions
     Sewell
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (WA)
     Speier
     Stark
     Stearns
     Stivers
     Sullivan
     Sutton
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiberi
     Tierney
     Tipton
     Tonko
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Walberg
     Walden
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Webster
     Welch
     West
     Whitfield
     Wilson (FL)
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Woolsey
     Yarmuth
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--14

     Bachmann
     Barletta
     Capuano
     Giffords
     King (NY)
     Larson (CT)
     Lewis (GA)
     Marino
     Miller, Gary
     Noem
     Schiff
     Smith (TX)
     Towns
     Visclosky


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1350

  Mr. BURTON of Indiana changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. HERGER. Mr. Chair, on rollcall No. 703, I inadvertently voted 
``no'' when I intended to vote ``yes.''
  Stated against:
  Mr. SCHIFF. Mr. Chair, on rollcall No. 703, had I been present, I 
would have voted ``no.''
  The Acting CHAIR (Mr. Fleischmann). The question is on the committee 
amendment in the nature of a substitute, as amended.
  The amendment was agreed to.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Yoder) having assumed the chair, Mr. Fleischmann, Acting Chair 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. 2218) to 
amend the charter school program under the Elementary and Secondary 
Education Act of 1965, and, pursuant to House Resolution 392, reported 
the bill back to the House with an amendment adopted in 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 committee amendment in the nature of a 
substitute, as amended.
  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

  Ms. HANABUSA. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Ms. HANABUSA. I am opposed to it in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. Hanabusa moves to recommit the bill H.R. 2218 to the 
     Committee on Education and the Workforce with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Page 20, after line 15, insert the following:
       ``(j) Background Checks to Protect Students From Sexual and 
     Violent Predators.--
       ``(1) Background checks.--Each State entity that receives a 
     grant under this section shall have in effect policies and 
     procedures for charter schools receiving funds under the 
     entity's program that--
       ``(A) require that criminal background checks be conducted 
     for school employees that include--
       ``(i) a search of the State criminal registry or repository 
     in the State in which the school employee resides and each 
     State in which such school employee previously resided;
       ``(ii) a search of State-based child abuse and neglect 
     registries and databases in the State in which the school 
     employee resides and each State in which such school employee 
     previously resided;
       ``(iii) a search of the National Crime Information Center 
     of the Department of Justice;
       ``(iv) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       ``(v) a search of the National Sex Offender Registry 
     established under section 19 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919);
       ``(B) prohibit the employment of an individual for a 
     position as a school employee if such individual--

[[Page H6121]]

       ``(i) refuses to consent to the criminal background check 
     described in subparagraph (A);
       ``(ii) makes a false statement in connection with such 
     criminal background check;
       ``(iii) has been convicted of a felony consisting of--

       ``(I) homicide;
       ``(II) child abuse or neglect;
       ``(III) a crime against children, including child 
     pornography;
       ``(IV) spousal abuse;
       ``(V) a crime involving rape or sexual assault;
       ``(VI) kidnapping;
       ``(VII) arson; or
       ``(VIII) physical assault, battery, or a drug-related 
     offense, committed within the past 5 years; or

       ``(iv) has been convicted of any other crime that is a 
     violent or sexual crime against a minor;
       ``(C) require that a charter school that receives 
     information from a criminal background check conducted under 
     this subsection that an individual who has applied for 
     employment with such school as a school employee is a sexual 
     predator report to local law enforcement that such individual 
     has so applied;
       ``(D) require that the criminal background checks described 
     in subparagraph (A) be periodically repeated; and
       ``(E) provide for a timely process by which a school 
     employee may appeal the results of a criminal background 
     check conducted under this subsection to challenge the 
     accuracy or completeness of the information produced by such 
     background check and seek appropriate relief for any final 
     employment decision based on materially inaccurate or 
     incomplete information produced by such background check, but 
     that does not permit the school employee to be employed as a 
     school employee during such process.
       ``(2) Definitions.--In this subsection:
       ``(A) School employee.--The term `school employee' means--
       ``(i) an employee of, or a person seeking employment with, 
     a charter school, and who has a job duty that results in 
     exposure to students; or
       ``(ii) an employee of, or a person seeking employment with, 
     a for-profit or nonprofit entity, or local public agency, 
     that has a contract or agreement to provide services with a 
     charter school, and whose job duty--

       ``(I) is to provide such services; and
       ``(II) results in exposure to students.

       ``(B) Sexual predator.--The term `sexual predator' means a 
     person 18 years of age or older who has been convicted of, or 
     pled guilty to, a sexual offense against a minor.''.

  Mr. KLINE (during the reading). Mr. Speaker, I ask unanimous consent 
that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  Ms. HANABUSA. I object, Mr. Speaker.
  The SPEAKER pro tempore. Objection is heard.
  The Clerk will read.
  The Clerk continued to read.
  Mr. KLINE. Mr. Speaker, I reserve all points of order against the 
motion.
  The SPEAKER pro tempore. A point of order is reserved.
  The gentlewoman from Hawaii is recognized for 5 minutes.
  Ms. HANABUSA. Mr. Speaker, let us be very clear that this is a final 
amendment to the bill, which will not kill the bill and, if adopted, 
will still allow the bill to go to final passage. This is an attempt to 
make a bill better.
  Regardless of how we may feel about the underlying bill, we can all 
agree that there is nothing we wouldn't do to protect our children. 
Again, this is not an attempt to the kill the bill. The bill will not 
be killed, and if this amendment is adopted, it will allow the bill to 
go forward to final passage. This just makes a statement that we should 
all be able to agree with, and that is that we wish to protect our 
children from sexual predators and abductors.
  What this amendment does is to say anyone who receives a grant in 
support of the high quality charter schools requires that each State 
entity that receives a grant under this section shall require a 
criminal background check to be conducted of such school employees.
  It also prohibits the employment of any individual for a position in 
such school, whether it's a nonprofit that does contracts with the 
school or the school, itself, until the criminal background check is 
done; and if you refuse to do so, you cannot be employed.
  And if you're convicted of a felony--now, these are important points 
that we're protecting them from: homicide, child abuse and neglect, a 
crime against children, spousal abuse, sexual abuse, kidnapping, arson, 
physical assault or battery, drug-related offenses, or crimes against a 
minor--this is what this bill requires.
  Now, in 2010 the GAO said we don't have any Federal bills that 
protect our children. Here we are. We're going to allow for grants to 
be given to charter schools. Why not just support this amendment which, 
in fact, will make this a better bill?
  What it will do is it will say no one, no one shall work with our 
children until such time that they have done a criminal background 
check.
  The bill also permits that, if you believe somehow you've been 
wrongfully accused, you can appeal. But during the period of time of 
that appeal, we're also protecting the children because you're not 
going to be able to work with them until such time as your appeal is 
done.

                              {time}  1400

  Think about this. This is a statement that we are saying we're going 
to make the schools better. We're going to make charter schools safe 
for the children. How can we not support such a measure?
  That is why, Mr. Speaker, I ask that Members here support this motion 
to recommit.
  And be very clear: this does not stop the bill. This is like a final 
amendment. Regardless of how it votes, we vote for it--and I think we 
should all vote for it--it will go to final passage. This is not going 
to, in essence kill, the bill. It will let it go forward.
  So with that in mind, I can't imagine how anyone who sits in this 
Chamber can't be in support of this amendment.
  I yield back the balance of my time.
  Mr. KLINE. Mr. Speaker, I would like to withdraw my reservation of 
the point of order.
  The SPEAKER pro tempore. The reservation is withdrawn.
  Mr. KLINE. I rise in opposition to the motion to recommit.
  The SPEAKER pro tempore. The gentleman from Minnesota is recognized 
for 5 minutes.
  Mr. KLINE. Mr. Speaker, we're all concerned about the safety of our 
students and all of our schools. Ensuring our students are in a safe 
environment is a critical part of the duties of our teachers, 
principals, administrators, school authorities. But whether the 
students attend charter schools or traditional public schools, all of 
our students and parents need to know that schools are providing a safe 
environment for them.
  That's why this issue is best considered when we look at the full 
Elementary and Secondary Education Act later this fall, the law that 
governs all public schools.
  This motion would single out charter schools from the rest of the 
public schools, something we've worked very hard and in a bipartisan 
way to avoid.
  Therefore, I urge my colleagues to vote against this motion, reject 
this motion to recommit, and support the underlying bill.
  I yield back the balance of my time.
  Mr. CARSON of Indiana. Mr. Speaker, as the House of Representatives 
continues to discuss how we can improve upon our nation's system of 
education, I would like to address my colleagues and constituents on 
the importance of collaboration on this issue. Our nation's young 
people play a vital role in the future of our country, and we must 
focus on the best interests of our children.
  Over 20,000 students in my state of Indiana attend public charter 
schools. Parents seeking fresh opportunities for their children are 
finding successful charter school programs within some communities that 
educate our children in new and innovative ways. Whereas misguided 
programs, such as private school vouchers, take money away from 
improving our schools, investing in well-managed charter schools is one 
way to improve upon existing public school systems. Through these 
efforts, public school educators are able to offer experiential 
learning programs that take creative approaches to teaching.
  H.R. 2218, the Empowering Parents through Quality Charter Schools 
Act, has come to a vote at a critical time in our nation's history. 
America is at a crossroads with record unemployment, staggering 
deficits and widespread public discontent. Members of Congress must 
make the tough decisions that will make preparing all American children 
for the global economy a priority.
  Although I realize the bill fails to address the needs to reform all 
of our schools, I decided to vote in support of Empowering Parents 
through Quality Charter Schools Act. I support the Charter Schools 
Program and believe we must continue to invest in school infrastructure 
and innovative teaching styles. I believe this legislation takes a 
positive step toward adding civil rights protections for students with 
disabilities and ensuring higher levels of overall quality within 
public charter schools.

[[Page H6122]]

  As the husband of a public school principal, I recognize the need to 
ensure that America's children are all equally prepared for the future. 
I pledge to continue working with all of my colleagues to invest in 
across-the-board improvements in all of our public schools and create 
incentives that include traditional public schools, students, parents 
and educators.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Ms. HANABUSA. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 189, 
noes 231, not voting 11, as follows:

                             [Roll No. 704]

                               AYES--189

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Barrow
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Ross (AR)
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--231

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Austria
     Bachus
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--11

     Bachmann
     Barletta
     Capuano
     Giffords
     Gohmert
     King (NY)
     Lewis (GA)
     Marino
     Miller, Gary
     Towns
     Westmoreland


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  1419

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. WESTMORELAND. Mr. Speaker, on rollcall No. 704, I was unavoidably 
detained. Had I been present, I would have voted ``no.''
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. KLINE. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 365, 
noes 54, not voting 12, as follows:

                             [Roll No. 705]

                               AYES--365

     Adams
     Alexander
     Altmire
     Andrews
     Austria
     Bachus
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bass (CA)
     Bass (NH)
     Becerra
     Benishek
     Berg
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Black
     Blackburn
     Blumenauer
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (FL)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Cicilline
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Cravaack
     Crawford
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (CA)
     Davis (KY)
     DeFazio
     DeGette
     DeLauro
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dingell
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellison
     Ellmers
     Emerson
     Engel
     Eshoo
     Farenthold
     Farr
     Fattah
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garamendi
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Al
     Green, Gene
     Griffin (AR)
     Grimm
     Guinta
     Guthrie
     Gutierrez
     Hahn
     Hall
     Hanabusa
     Hanna
     Harper
     Harris
     Hastings (WA)
     Hayworth
     Heck
     Heinrich
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Himes
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (OH)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan
     Kaptur
     Keating
     Kelly
     Kildee
     Kind
     King (IA)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Langevin
     Lankford
     Larson (CT)
     Latham
     LaTourette
     Latta
     Levin
     Lewis (CA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Long
     Lowey

[[Page H6123]]


     Lucas
     Luetkemeyer
     Lujan
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McGovern
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Meeks
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Moran
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Nadler
     Neal
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Olver
     Owens
     Palazzo
     Pallone
     Pascrell
     Paulsen
     Payne
     Pearce
     Pelosi
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis
     Pompeo
     Posey
     Price (GA)
     Price (NC)
     Quayle
     Quigley
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Reyes
     Ribble
     Richmond
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Rothman (NJ)
     Roybal-Allard
     Royce
     Runyan
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schiff
     Schilling
     Schmidt
     Schock
     Schrader
     Schwartz
     Schweikert
     Scott (SC)
     Scott (VA)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Serrano
     Sessions
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Southerland
     Speier
     Stark
     Stearns
     Stivers
     Sullivan
     Terry
     Thompson (CA)
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden
     Wasserman Schultz
     Watt
     Waxman
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Woolsey
     Yarmuth
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                                NOES--54

     Ackerman
     Aderholt
     Amash
     Baca
     Bishop (NY)
     Brooks
     Broun (GA)
     Castor (FL)
     Chu
     Clarke (MI)
     Clarke (NY)
     Clay
     Conyers
     Critz
     Davis (IL)
     Deutch
     Dicks
     Edwards
     Filner
     Flake
     Fudge
     Garrett
     Griffith (VA)
     Grijalva
     Hartzler
     Hastings (FL)
     Hinchey
     Holden
     Hurt
     Inslee
     Johnson (GA)
     Johnson (IL)
     Kucinich
     Larsen (WA)
     Lee (CA)
     Lummis
     McDermott
     Moore
     Napolitano
     Pastor (AZ)
     Paul
     Rangel
     Richardson
     Rush
     Sewell
     Sutton
     Thompson (MS)
     Tierney
     Tonko
     Walsh (IL)
     Walz (MN)
     Waters
     Welch
     Wilson (FL)

                             NOT VOTING--12

     Akin
     Bachmann
     Barletta
     Berman
     Capuano
     Giffords
     King (NY)
     Lewis (GA)
     Marino
     Miller, Gary
     Stutzman
     Towns

                              {time}  1427

  Mr. PASTOR of Arizona and Ms. SUTTON changed their vote from ``aye'' 
to ``no.''
  Mr. PAYNE changed his vote from ``no'' to ``aye.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________