[Congressional Record (Bound Edition), Volume 150 (2004), Part 1]
[House]
[Pages 1035-1081]
[From the U.S. Government Publishing Office, www.gpo.gov]




        IMPROVING THE COMMUNITY SERVICES BLOCK GRANT ACT OF 2003

  Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 513 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 513

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 3030) to amend the Community Service Block 
     Grant Act to provide for quality improvements. The first 
     reading of the bill shall be dispensed with. General debate 
     shall be confined to the bill and shall not exceed one hour 
     equally divided and controlled by the chairman and ranking 
     minority member of the Committee on Education and Workforce. 
     After general debate the bill shall be considered for 
     amendment under the five-minute rule. It shall be in order to 
     consider as an original bill for the purpose of amendment 
     under the five-minute rule the amendment in the nature of a 
     substitute recommended by the Committee on Education and the 
     Workforce now printed in the bill. The committee amendment in 
     the nature of a substitute shall be considered as read. No 
     amendment to the committee amendment shall be in order except 
     those printed in the portion of the Congressional Record 
     designated for that purpose in clause 8 of rule XVIII and 
     except pro forma amendments for the purpose of debate. Each 
     amendment so printed may be offered only by the Member who 
     caused it to be printed or his designee and shall be 
     considered as read. At the conclusion of consideration of the 
     bill for amendment the Committee shall rise and report the 
     bill to the House with such amendments as may have been 
     adopted. Any Member may demand a separate vote in the House 
     on any amendment adopted in the Committee of the Whole to the 
     bill or to the committee amendment in the nature of a 
     substitute. The previous question shall be considered as 
     ordered on the bill and amendments thereto to final passage 
     without intervening motion except one motion to recommit with 
     or without instructions.

  The SPEAKER pro tempore. The gentlewoman from North Carolina (Mrs. 
Myrick) is recognized for 1 hour.
  Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), 
pending which I yield myself such time as I may consume. During 
consideration of this resolution, all time yielded is for the purpose 
of debate only.

                              {time}  1215

  On Tuesday, the Rules Committee met and granted a modified open rule 
for H.R. 3030, the Improving the Community Services Block Grant Act 
(CSBG). This is a very fair rule and I believe that all Members of the 
House should be able to support it. This bipartisan bill extends the 
CSBG program through 2009 while strengthening its accountability 
provisions and preserving current law protections for faith-based 
service providers using CSBG funds.
  In every State across the Nation, various communities combat the 
devastating effects of poverty using the Federal funds provided by the 
CSBG. This legislation preserves the CSBG as a true State block grant 
program, allowing States to establish and operate antipoverty programs 
that meet the unique needs of their low-income communities. Most 
importantly, H.R. 3030 fosters increased accountability by ensuring 
that States are monitoring local grantees to ensure services are being 
provided in the most efficient manner and that quality services are 
reaching those who have the greatest need. As many of my colleagues 
know in communities across America, faith-based organizations play a 
central role in the battle against poverty. From food and clothing 
drives to shelters for the homeless and from youth mentoring to job 
training, faith-based service providers have proven to be among the 
most effective tools for helping the most vulnerable members of our 
society. I believe it is the faith-based character of these 
organizations that makes them so effective. By nature, many of them 
include helping those in need as a part of their founding mission and 
their purpose.
  The provisions in H.R. 3030 ensure that these organizations can 
continue to operate antipoverty programs in

[[Page 1036]]

their communities without losing their Civil Rights Act protection to 
staff on a basis consistent with their organizational nature. However, 
there will be amendments offered today that seek to repeal current law 
and remove this protection for faith-based organizations participating 
in CSBG.
  I urge Members to vote against the Woolsey amendment because the 
federally funded faith-based programs under the CSBG program must 
include participants of all faiths, if they choose to participate. The 
issue at hand does not regard who is treated or helped with Federal 
money but merely if groups doing the helping or treating may consider 
in hiring decisions the faith of an employee who would work in their 
faith-based program.
  CSBG has enjoyed a long tradition of bipartisan support. Helping 
communities to combat the harmful effects of poverty has been and will 
continue to be a bipartisan goal. To that end, I urge my colleagues to 
support the rule and the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I thank the gentlewoman from North 
Carolina for yielding me the customary 30 minutes and I yield myself 
such time as I may consume.
  Mr. Speaker, chronic unemployment still plagues the Nation; 3.3 
million workers have lost their jobs since January 2001. The poverty 
rate in America has risen to 12 percent and the number of children 
living in poverty continues to climb.
  The community services block grants were created to alleviate poverty 
by funding initiatives that fight its causes. These grants enable over 
1,000 organizations across the country to provide services to combat 
unemployment, inadequate housing, poor nutrition and the lack of 
educational opportunities.
  Because of community services block grants, the Orleans Community 
Action Committee in Orleans County, New York, is able to provide a 
broad array of services, including Head Start, teen programs, 
weatherization programs, transportation, emergency services, family 
development, help in putting together a budget, help in preparing tax 
returns, child care services and a community center. For 30 years, 
Action for a Better Community has been a leader in Rochester, providing 
programs increasing health, education, safety, employment and housing 
needs. Every dollar the Federal Government invested in these 
organizations through the community services block grant program is a 
dollar wisely spent. An investment in our citizens and our children is 
an investment in our Nation's future.
  The value of these programs is not at issue. The problem with this 
reauthorization is the ability of provider organizations to use Federal 
funds to discriminate. H.R. 3030 allows these service organizations to 
discriminate against clients because of their religion. It allows 
religious organizations that receive these Federal grants to 
discriminate based on religion in their employment practices. This is 
un-American. Discrimination is happening. Employees of the Salvation 
Army of Greater New York have filed complaints with the Equal 
Employment Opportunity Commission, and several lawsuits against the 
Salvation Army are in the works. Employees are being questioned about 
their church affiliations. One of the duties listed on new job 
applications is to, quote, preach the gospel of Jesus Christ and to 
meet human needs in His name without discrimination. The Salvation Army 
uses millions in public moneys to carry out its charitable missions, 
but it has recently begun to impose its religious mission upon its 
employees.
  Right here in my hand I have an employment application for a social 
worker position with a religious organization, and that religious 
organization uses Federal funds. The applicant is asked his or her 
religion, length of church membership, the name of his or her church, 
the church's phone number and address, and the name of its minister. 
The United States should not permit religious discrimination with 
Federal funds. As Theodore Roosevelt said, ``To discriminate against a 
thoroughly upright citizen because he belongs to some particular 
church, or because, like Abraham Lincoln, he has not avowed his 
allegiance to any church, is an outrage against that liberty of 
conscience which is one of the foundations of American life.''
  Mr. Speaker, I would like to take this opportunity to clear up a 
misunderstanding about what title VII of the Civil Rights Act of 1964 
says and does not say. Religious organizations are exempted from the 
general prohibition against religious discrimination in hiring 
personnel for work connected to the organization's religious 
activities. However, religious organizations are not permitted to 
discriminate in hiring for secular activities. There should be an 
ability in this Congress to make a distinction between those two 
descriptions.
  This country has spent decades and decades working to eradicate the 
insidious venom of discrimination. It is an anathema to fundamental 
American ideals that we would now permit Federal moneys to be used to 
discriminate against people because of their religion. Taxpayers do not 
want to subsidize discrimination.
  Federally funded programs to attack the causes of poverty do not have 
a religious mission, regardless of the service provider. Helping 
someone fill out tax forms is a secular program. Someone's religion is 
irrelevant to this program. The Federal Government should not fund the 
religious activities of any religious organization. To do so is a 
violation of the first amendment of the United States Constitution 
which we hold up our hands every 2 years and swear to uphold. As the 
United States Supreme Court said in Bowen v. Kendrick, ``Even when the 
Court has upheld aid to an institution performing both secular and 
sectarian functions, it has always made a searching inquiry to ensure 
that the institution kept the secular activities separate from its 
sectarian ones, with any direct aid flowing only to the former and 
never the latter.''
  On its Web site, Action for a Better Community says that faith-based 
organizations, quote, should be held to the same high standard of 
outcome delivery as community action agencies without compromising the 
separation of church and State. We would be wise to listen to their 
admonition.
  I urge my colleagues to support the Woolsey substitute amendment 
which would clarify that religious organizations are welcome as service 
providers to low-income Americans and that they are not permitted to 
discriminate on the basis of religion. And I urge my colleagues to 
support the Miller amendment which would extend unemployment benefits 
for the 2 million unemployed Americans whose benefits have run out. 
Almost daily, my office hears from those Americans who are afraid of 
losing their homes or having to take their children out of school and 
simply being unable to meet their obligations. We owe it to them to 
give them some help until a job can be found for them.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. MYRICK. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Dreier), the distinguished chairman of 
the Committee on Rules.
  Mr. DREIER. Mr. Speaker, let me begin by thanking my very good 
friend, the former mayor of Charlotte, and I should say since I 
mentioned Charlotte, congratulations on a well-fought Super Bowl. I 
understand that in Charlotte there was no sense at all that anyone was 
a loser and it was a great game. She has done a superb job on managing 
this rule and with her work on the Committee on Rules.
  I am proud to be here. I have surmised from the comments from my good 
friend from Rochester that she is supportive of the rule. She did not 
indicate that, but I suspect that in light of the fact that with the 
exception of the preprinting requirement, this is an open amendment 
process and we have had one substitute that was outlined before our 
Committee on Rules yesterday and four amendments that have been filed 
that we will be able to have an opportunity for a free-flowing debate 
on a very important issue.

[[Page 1037]]

  I have to say that I am particularly proud of our colleague from 
Nebraska (Mr. Osborne) who has worked long and hard on this and gave 
great testimony before the Committee on Rules yesterday and understands 
very well that we are as a Nation seeing very positive signs of 
economic improvement. It used to be that the full employment rate in 
this country was 6 percent. I am happy to see the unemployment rate has 
dropped to 5.7 percent. We just got the report at the end of last week 
that the GDP growth for the fourth quarter of last year was at 4 
percent, which is a very positive sign of improvement.
  Jobs are being created, contrary to a lot of the reports out there. 
Under the household survey which is conducted by the Department of 
Labor, we have seen 1.9 million new jobs created since November of 
2001. So we are seeing positive signs out there, but the gentleman from 
Nebraska understands that there are still people out there who are in 
need and there are challenges.
  One of the things we want to do is make sure that we lay the 
groundwork, which is what the community services block grant program 
has done, lay the groundwork for people to move from depending on 
others to get to the productive side of our economy. We all know what 
that does. It not only plays a role in diminishing the reliance on 
taxpayer dollars but it also tremendously increases the self-esteem 
level. We have found that time and time again from a wide range of 
entities which work to help people who are facing dire circumstances 
get onto the productive side of the economy. It does wonders for their 
families and it creates a sense of optimism for the future.
  The gentleman from Nebraska (Mr. Osborne) and his work along with the 
gentleman from Ohio (Mr. Boehner) and others understand that with the 
community services block grant, we can do a lot of very important 
things that do provide assistance to those who are truly in need.
  And so I simply want to congratulate the gentleman from Nebraska and 
congratulate all those who have been involved in putting this package 
together. We are going to have an interesting debate and I know that 
the substitute will spark a great deal of particular debate and 
interest. We will look forward to that. I hope very much that just as 
we, I believe, enjoy strong bipartisan support for this modified open 
rule, that we will similarly enjoy bipartisan support as has been 
anticipated on the passage of this legislation.
  Ms. SLAUGHTER. Mr. Speaker, I reserve the balance of my time.
  Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from 
Nebraska (Mr. Osborne), the author of this legislation.
  Mr. OSBORNE. Mr. Speaker, I rise in support of the rule. We think 
this is an important piece of legislation. It seems to have fairly 
broad bipartisan support in most areas. Obviously this legislation 
reauthorizes the CSBG Act and preserves the CSBG as a State block grant 
program. The main issue here is that we do try to do some things that 
improve the quality of the block grant program.

                              {time}  1230

  First of all, State and local goals must be met by grantees, so there 
is some accountability, which probably heretofore has been lacking in 
some cases.
  States monitor grantees to ensure that services are provided to those 
with the greatest need. Many times it has not in the past gone to those 
who are most destitute.
  It streamlines reporting data to HHS to avoid duplication and 
eliminates extraneous information. I guess everyone likes to see less 
paperwork.
  Also the States must either defund low-performing entities or justify 
to Labor-HHS why low-performing entities continue to be funded. So 
there is, again, an area of accountability.
  In addition, this particular bill encourages initiatives to improve 
economic conditions in rural areas, which are often underserved, 
encourages education and youth crime prevention through youth 
mentoring, which saves money and lives by investing in young people 
before they are enmeshed in the criminal justice system, and, of 
course, it also allows faith-based organizations to consider religion 
while hiring, while ensuring that recipients are not discriminated 
against on the basis of religion. Also it continues to fund 
discretionary programs at current authorization levels and extends them 
through 2009.
  I might just mention one story that I think pretty much illustrates 
the importance of this situation. A young mother in my district was 
abandoned by her abusive fiancee. She had no money, no car, no job, no 
family support, and a 5-year-old child. A Blue Valley community action 
crisis intervention program provided counseling, obtained housing, 
helped her find a job, and so she is now supporting her child, 
productively employed and preparing to own her own home. This is just 
one story that can be told thousands of times.
  So I urge support of this bill. It provides those who have great need 
in the most efficient, most cost-effective way.
  Ms. SLAUGHTER. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from Texas (Mr. Edwards).
  Mr. EDWARDS. Mr. Speaker, the first 16 words of the Bill of Rights 
enshrined in our psyche in this country, the belief that every American 
citizen should have the right to his or her own religious views.
  I want to point out, Mr. Speaker, to colleagues here in the House and 
to the people across this country, that in this legislation is language 
that will make it perfectly legal for an American citizen to receive, 
say, a $5 million job training grant, or a Head Start grant, and then 
using those tax dollars, that one American citizen can say to another 
citizen, if you do not pass my private religious test, then you do not 
qualify for a tax-funded job. In effect, what this bill does is to 
subsidize, not just tolerate, but to subsidize religious bigotry in 
America.
  How ironic, at a time when we are fighting for religious freedom in 
Iraq and across the world, that we would pass legislation that would 
maintain in the law a prescription for religious discrimination. I 
think it is wrong to do so, and I would be willing to even yield some 
of my time to any Republican Member that would stand up and tell me 
that it is okay in 2004 in America to say that you should have to pass 
my religious test to qualify for a federally-funded job.
  That is wrong, and it should not be a partisan issue. It is an 
American issue, because it is ingrained in the very first 16 words of 
the Bill of Rights that has protected America's religious liberty for 
over two centuries.
  So far, I have not had any of my colleagues on the other side of the 
aisle willing to stand up and say in public that it is okay that 
someone else should have to pass another American citizen's religious 
test in order to qualify for a federally-funded job. Yet, guess what 
happens? When the doors are closed and decisions are being made on the 
bills and interest groups are plying their pressure, that kind of 
discrimination language was put in this bill.
  It is wrong, it is unconstitutional, and I find it morally offensive 
as a person of faith that any American ought to have to pass someone 
else's private religious test to qualify for a tax-funded job.
  Mr. Speaker, I would welcome a debate on this issue at any point 
during the debate of this bill with any of my colleagues on either side 
of the aisle. As I said, this should not be a partisan issue. 
Protecting religious freedom in America should be an American value, an 
American issue, and we ought to have the courage in this Congress to 
stand up to special interest groups and say we do not care how much 
power you have, we are not going to let you try to put in the law of 
this land a rule that allows other Americans to discriminate against 
citizens, to exercise religious bigotry when using Federal dollars to 
funds those jobs.
  Mrs. MYRICK. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from Tennessee (Mrs. Blackburn).
  Mrs. BLACKBURN. Mr. Speaker, today I rise in support of this rule to 
reauthorize the Community Services

[[Page 1038]]

Block Grant Act. I oppose the substitute because it would repeal 
current law and strip faith-based organizations of their right to hire 
the candidates they feel are most qualified for the jobs. These same 
rights are guaranteed to faith-based organizations under Title VII of 
the Civil Rights Act of 1964, and have since been consistently upheld 
in the courts.
  Last year, I brought the Committee on Government Reform to Franklin, 
Tennessee, and we heard from groups of all sizes that helped the needy 
in Franklin and Middle Tennessee. One of those that testified was Onnie 
Kirk. He runs the Family Foundation Fund, an organization that helps 
fatherless children. He testified that they would not accept Federal 
funds if these funds compromised the character and the purpose of his 
organization. The amendment would remove those protections.
  We should not bend to the false arguments and overburden the very 
organizations that serve the most needed needy in our society. These 
organizations have higher success rates than many government programs.
  The Community Services Block Grant Act did not and still does not 
permit Federal funds to be used for the purposes of promoting religion. 
It allows faith-based groups to use Federal funds for secular purposes, 
feeding, clothing its needy, helping the out-of-work find jobs, without 
compromising their essential character. We should keep it that way.
  I ask my colleagues to join me in opposing the substitute to H.R. 
3030.
  Ms. SLAUGHTER. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Texas (Mr. Edwards).
  Mr. EDWARDS. Mr. Speaker, I would like to ask the gentlewoman from 
Tennessee before she leaves the Chamber if she would be willing to have 
a discussion. I would be glad to yield some time to have a discussion 
on the issue of whether a group should be able to say with tax dollars 
that we are not hiring Jews or we are not hiring Catholics in this job 
training program or education program, even though you are perfectly 
qualified for that job.
  My friend and colleague the gentleman from Ohio (Mr. Boehner) is on 
the floor, and I would be glad to yield for the purpose of a 
discussion.
  Mr. BOEHNER. Mr. Speaker, will the gentleman yield?
  Mr. EDWARDS. I yield to the gentleman from Ohio.
  Mr. BOEHNER. Mr. Speaker, under the rules outlined here in the House, 
we are debating the rule to consider the bill. Once this rule is 
approved, we will spend, I would imagine, the better part of the 
afternoon discussing the protections granted to religious organizations 
under the 1964 Civil Rights Act. I think that would be a more 
appropriate time to have this debate.
  Mr. EDWARDS. Mr. Speaker, reclaiming my time, I would just say to the 
gentleman, he and I came to the House together 14 years ago and we know 
on a daily and weekly basis we utilize rule time to discuss what is in 
a bill.
  Obviously, I do not like this rule because it allowed a bill to come 
to the floor that I find deeply offensive to the First Amendment 
protection of religious freedom. But if this was an issue important 
enough for Madison and Jefferson to debate for 10 years in the Virginia 
legislature, the issue of religious freedom in America, then certainly 
it is worthy of our discussion here on the floor.
  I guess what I would like to ask the gentleman is just do you not 
think it is wrong that you would have to pass my personal religious 
test to qualify for a tax-funded job? Why should you have to pass my 
religious test? Why should I have the right to give you a religious 
test to qualify for a job that is being paid for by the American 
taxpayers?
  Mr. BOEHNER. If the gentleman will yield further, the Congress in 
1964, and as amended in 1965, passed landmark civil rights legislation 
in America, and it was the Congress in the mid-sixties who saw fit to 
provide religious organizations with one small exemption, and that in 
the case of employment, to religious organizations. And if you read the 
comments of the debate and the record of that debate, it was because 
those civil rights laws guarantee Americans full access to jobs, to all 
types of programs in our country.
  But they did understand that religious organizations, by their very 
nature, ought to have an exemption in employment so religious 
organizations can, if they want, not all do, hire people of their 
faith.
  The only issue here is whether those organizations, faith-based 
organizations, that do in fact provide community services with Federal 
funds, whether they should continue to have that exemption.
  Mr. EDWARDS. Mr. Speaker, reclaiming my time, if I could respond to 
that, then I would be glad to yield, because I appreciate the 
opportunity to have a discussion on this, I think if the gentleman 
would go back and look at the debate, including Senator Sam Irvin's 
comments on the Title VII exemption to the Civil Rights Act and the 
amendments thereto, you would find that the focus there was saying that 
Baptist churches with their own money should have the right to hire 
Baptist pastors; a Jewish Synagogue with its own money ought to have 
the right to hire a Jewish rabbi, rather than a Baptist pastor.
  I think there is a real serious question about suggesting that Title 
VII said it is perfectly okay for a faith-based group to take Federal 
tax dollars and say, ``Mr. Boehner, I am not hiring you today because 
you do not pass my personal religious test.''
  Let us put Title VII aside for a moment. There might be differences 
of opinion about what is in it. Let us discuss the direct principle. 
Why should any American citizen have to pass another American citizen's 
personal religious test to qualify for a Federal education program or a 
job training program? Why should it be legal for a group to accept a $5 
million Head Start or job training grant from the taxpayers and say we 
are not going to hire Jews or Catholics? Or it might be a Muslim group 
that says we are not going to hire Christians.
  In the land that cherishes religious freedom, do you really believe 
that that is a good public policy?
  Mr. BOEHNER. Mr. Speaker, if the gentleman will yield further, let me 
pose the opposite question to you. Why should a faith-based 
organization that is providing tremendous community services give up 
the protections granted to them under the 1964 Civil Rights Act just 
because they accept Federal dollars in their mission to help low-income 
people?
  Mr. EDWARDS. Reclaiming my time, I will be glad to answer that 
question, and then I will give the gentleman time to answer my 
question.
  I would say, first of all, I disagree with the gentleman that the 
Title VII exemption gave faith-based groups a carte blanche to use 
public tax dollars to discriminate in job hiring. The second thing is, 
when they accept Federal money, they already, under long-standing law, 
agree not to proselytize.
  So when you accept taxpayer money, there are certain standards you 
accept. My question back to the gentleman is does he think it is okay 
for a faith-based group to receive a $5 million job training grant and 
say we are not going to hire you because you are Jewish or Catholic? Is 
that okay?
  Mr. BOEHNER. If the gentleman would yield further, if that 
organization in their beliefs want to hire people of their faith, 
because in many cases the people they may hire will not only 
participate in a job training program, they may also teach Sunday 
school, they may also do other things for that religious organization.
  But I would bring the gentleman's attention back to the bill we have 
before us, and the bill before us, that is the Community Services Block 
Grant reauthorization bill, last passed and reauthorized by the 
Congress in 1998 and signed into law by then President Bill Clinton, 
that act in 1998 and the President's signature in 1998 contains the 
identical language that this bill contains.
  Now, the Congress passed this overwhelmingly in 1998, and the 
President signed it into law. Now here we are 6 years later and we are 
saying, oh my goodness, there is a problem. If I could

[[Page 1039]]

just finish, if over the last 6 years it would have been clear that 
there was a problem with faith-based organizations maintaining their 
rights under the 1964 Civil Rights Act, I think we would have heard 
about it. I have not heard a word.
  Mr. EDWARDS. Reclaiming my time, there are cases starting to come to 
the surface. For example, in the State of Florida or Georgia, a Jewish 
citizen, perfectly qualified for a job, was denied the right to a job 
simply because he was Jewish.
  Now, again, I differ with the idea that the Title VII exemption of 
the Civil Rights Act allowed faith based groups to exercise religious 
discrimination or, in the worst cases, religious bigotry.

                              {time}  1245

  But I at least want to clarify, at least the gentleman is saying, for 
whatever reasons he mentioned, groups ought to be able to do with 
public tax dollars whatever they want; the gentleman is saying that it 
is okay for a faith-based group running a federally funded jobs 
training program to say to a Jew or a Catholic or a Christian of one 
denomination or another, we are not going to hire you even though you 
are perfectly qualified for this job, simply because of your religious 
faith. I think most Americans would think that type of religious 
discrimination is absolutely wrong, especially when we consider we 
cannot fund religious programs. We all agree that is prohibited under 
Federal law.
  So what we are doing is we are funding social programs. Why should 
your religious faith have an affect on whether you can ladle soup at a 
soup kitchen or train a 5-year-old child? Perhaps we have just an 
honest disagreement. I think it is wrong for a group to say with tax 
dollars we are not going to hire you because of your personal religious 
faith. Perhaps the gentleman feels that these groups ought to be able 
to discriminate in that fashion. And if he does, then at least that is 
an honest debate and we will let the American people decide which side 
they come down on.
  One other point. I would challenge the gentleman. Other than the 
gentleman's tremendous knowledge as the chairman of this committee, 
there were not 10 Members out of 435 in this House that knew the 
discrimination language was in there in 1998. I have gone back and 
chronicled the first 3 or 4 times that we passed charitable choice 
language like this. The first time was the Welfare Reform Act. 
Virtually no one in the House, other than maybe the conferees, some of 
them, knew it was in there. The second time we passed it was at about 1 
o'clock in the morning. The third time was at about 12:30 in the 
morning with 2 or 3 Members on the floor. Every time we passed it 
Members would say, We already passed this before. People did not know 
it was in there.
  So I think all of that is irrelevant.
  The fundamental question is should an American citizen be 
discriminated against for a tax-funded job simply because he or she is 
exercising their deeply-felt personal religious faith. In my opinion, 
that kind of subsidized Federal bigotry based on religious faith is a 
prescription for disaster in this country. And President Clinton, when 
he signed this legislation and other legislation with charitable choice 
language in it, made it very clear he did not support that kind of 
discrimination, and he only signed the bill because of the other good 
things in it, and his administration had no intention of letting that 
kind of discrimination occur. With this administration, the present 
Bush administration, they have said no, it is okay to discriminate 
against someone based on their religion.
  Mr. BOEHNER. Mr. Speaker, if the gentleman would yield, this is not 
the only statute on the books that allows religious organizations to 
maintain their 1964 protections under the Civil Rights Act; there are 
at least a half a dozen others.
  But the point I would make is that if we want to debate the merits or 
changes to the 1964 Civil Rights Act, let us do that out of the bill 
that comes out of the Committee on the Judiciary, where it was 
rightfully debated and processed. The fact is, the 1964 Civil Rights 
Act is very clear in providing this exemption to these organizations. 
And if the gentleman disagrees with the 1964 Civil Rights Act, as 
amended in 1965, let us take that debate to the Committee on the 
Judiciary, let us bring the bill out here and have that debate. But 
that is the law.
  What we are trying to do here is to comply with that. And in the 
underlying bill here, the Community Services Block Grant bill, we have 
had this exemption, maintained this exemption for those organizations. 
All we do in this bill today is to maintain it.
  Mr. EDWARDS. Mr. Speaker, reclaiming my time, I appreciate the 
gentleman's honest comments. This is the kind of dialogue that this 
subject deserves. It is too important of an issue when we talk about 
religious freedom to be debated in a 10-minute debate at 1:30 a.m. So I 
appreciate the gentleman's willingness to have this honest debate.
  I would conclude by saying, Mr. Speaker, that I strongly disagree 
with the notion that the 1964 Civil Rights Act clearly made it legal 
for faith-based groups in America to accept millions, and now in this 
case billions of Federal dollars, and say, We are not hiring you 
because you are Jewish or because you are Catholic, or because you are 
Baptist, or because you are Muslim. And I do not think we have to 
totally revisit the 1964 Civil Rights Act; I think we could just come 
here on the floor of the House and have an up-front debate.
  It is very simple. It is, Do you believe that it is okay for groups 
to discriminate in job hiring using tax dollars, based on no other 
reason than that person's personal religious faith? I am confident that 
the vast majority of Americans do not like religious discrimination. 
They are appalled with religious bigotry, and while they understand, as 
I do, that Baptists and Methodists and Jews and Muslims should be able 
to hire people of their faith, using their own money, once they accept 
public tax dollars as a funding source, then they accept the obligation 
that in America, with tax dollars, you do not discriminate against your 
fellow citizens simply because of their deeply held religious faith.
  Mr. Speaker, before I yield further, the gentlewoman from New York 
has been very gracious with time. I have appreciated this discussion. I 
see my colleague, the gentleman from Virginia (Mr. Scott) on the floor.
  Ms. SLAUGHTER. Mr. Speaker, may I inquire how much time is remaining?
  The SPEAKER pro tempore (Mr. Latham). The gentlewoman from New York 
(Ms. Slaughter) has 6\1/2\ minutes remaining.
  Ms. SLAUGHTER. It is such a pleasure to hear a real debate. I am 
delighted. I continue to yield such time as he may consume to the 
gentleman from Texas (Mr. Edwards).
  Mr. EDWARDS. Mr. Speaker, I yield to the gentleman from Virginia (Mr. 
Scott), and I welcome a 3-person discussion of this question of 
religious discrimination and religious freedom in America.
  Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentleman from Texas 
(Mr. Edwards) for his comments and remind people that the 1964 Civil 
Rights legislation that prohibited discrimination included an 
exception, as the gentleman from Ohio has indicated, for religious 
organizations using their own money for religious purposes. No one 
anticipated at that time that one would take Federal money and try to 
discriminate in employment based on religion. Let us be clear. If you 
can discriminate based on religion and what church or religious 
organization you belong to, you can essentially discriminate based on 
race.
  Now, the question before us is whether or not, in a government-funded 
program, you can declare that you do not want to hire people of certain 
religions. Now, the problem that occurs is that if you can discriminate 
with Federal money, well, why can you not discriminate with your own 
money? If you have a group of people running a manufacturing firm and 
they are all of the same religion, why should they have to hire 
somebody of a different religion? Because it is against the law. 
Because

[[Page 1040]]

we have such a sorry history of discrimination in our country that we 
just decided that we were not going to allow discrimination based on 
religion; that it is so ugly that we are going to prohibit it by law, 
and we did. You cannot hire people with Federal money, you cannot hire 
people with your own money and discriminate against them solely because 
of their race, color, creed, national origin, or sex. That is the law.
  Now, we can change the law. You can start allowing discrimination. 
You can have somebody come around and say, Well, we are running a 
manufacturing firm and we do not want to work with people of a 
different religion; or, We do not want to work with people of a 
different race. We can change the law. That is our prerogative, and 
that is what we are doing with this bill if we pass it in its present 
form. We will be saying to the public that we hire everybody but 
Catholics or Jews. That is about as ugly a situation as there is. I do 
not know how you can dress that up and have it come out anything other 
than ugly. I mean you can put lipstick on a pig, but you cannot pass it 
off as a beauty queen, and you cannot say, We do not hire Catholics and 
Jews, and try to pass that off as anything but ugly discrimination.
  Mr. EDWARDS. Mr. Speaker, I yield to the gentleman from Ohio (Mr. 
Boehner).
  Mr. BOEHNER. Mr. Speaker, I appreciate the gentleman yielding, and I 
clearly recognize that there is a difference of opinion on this. I do 
not castigate any aspersions on the feelings of my colleagues. But both 
of my colleagues on the other side here who have engaged in this debate 
have referred to the intent of the 1964 Civil Rights Act, and the 
gentleman from Texas (Mr. Edwards) even used Senator Ervin's name in 
terms of there was no intent for these organizations to give up, to 
give up their religious exemption.
  I have a quote here from Senator Ervin during that debate and he 
said, ``This amendment is to take the political hands of Caesar off the 
institutions of God where they have no place to be.'' I would suggest 
to both gentlemen that Senator Ervin from North Carolina clearly 
intended for the hiring exemption under title VII to be there.
  Mr. EDWARDS. Mr. Speaker, reclaiming my time just for a moment, if 
the gentleman would check the full debate record, Senator Ervin also 
said at one point, ``After all, it is their money.''
  Well, now we are not talking about ``after all, it is their money.'' 
We are talking about the people's money, the American tax dollar, and I 
think there is a huge difference there.
  Mr. SCOTT of Virginia. Mr. Speaker, will the gentleman yield?
  Mr. EDWARDS. I am glad to yield to the gentleman from Virginia (Mr. 
Scott) and then back to the gentleman from Ohio (Mr. Boehner).
  Mr. SCOTT of Virginia. Mr. Speaker, just so we know what we are 
talking about, I would like to know whether or not if the bill passes 
in its present form, you can take Federal money and have a policy of 
not hiring Catholics and Jews; if it passes in its present form with 
the Federal money. Now, the church can do what it wants with the church 
money. That exemption is not affected. But under this bill in its 
present form, can you have the policy of telling people that you are 
the best qualified, but we do not hire Catholics and Jews?
  Mr. EDWARDS. Mr. Speaker, let me tell the gentleman, I think the 
gentleman understands what this law would allow.
  Going back several years ago, I do not know the present policy, but 
just a few years ago Bob Jones University made it very clear they did 
not hire Catholics or Jews. And under this language, you could 
literally put out a sign, paid for with tax dollars, in a faith-based 
group associated at that time with Bob Jones University, possibly 
today, that literally says, No Jews or Catholics need apply here for 
this federally funded education grant. I find that deeply offensive, 
especially when these are not religious jobs that we are paying for 
with tax dollars; these are social programs, education programs, job 
training programs, and other areas of government.
  Why should someone's ability to help a 5-year-old get a head start in 
life through the Head Start program be denied a job? Why should an 
adult helping children be denied a job because they are Jewish, 
Catholic, or some other faith?
  I think it is dead wrong. I do not think we have to look at other 
issues to just face the moral rightness or wrongness of that point. I 
think it is wrong to be discriminated against in a federally funded job 
simply because of my personal religious faith. I do not think the 
gentleman from Ohio (Mr. Boehner) ought to have to pass my religious 
test to qualify for a job training program. I do not think the 
gentleman from Virginia (Mr. Scott) should have to pass the gentleman 
from Ohio (Mr. Boehner)'s 20-point religious test to qualify for an 
education job funded by the taxpayers. It is just right or wrong.
  The SPEAKER pro tempore. The time of the gentlewoman from New York 
(Ms. Slaughter) has expired.
  Mrs. MYRICK. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Boehner).
  Mr. BOEHNER. Mr. Speaker, I appreciate the gentlewoman yielding me 
this time.
  In answering the gentleman from Virginia (Mr. Scott)'s question, the 
fact is this has been the law of the land in this program for 6 years, 
and I challenge anyone to come to the floor and say where there has 
been a problem, because there has not been a problem.
  But in the bigger question, let us not forget that these faith-based 
organizations in many of our poorest communities are doing tremendous 
work to help needy people. And my concern, by changing the law along 
the lines of what my two colleagues would like to do, would be to 
provide a chilling effect on faith-based organizations from 
participating in programs to help their fellow citizens.
  So we will have plenty of time for this debate this afternoon once we 
get into the bill, but I do think that there are various points of view 
here. They ought to be heard. The rule allows for a clear and open 
debate on this question and the rest of the bill, and let us have that 
debate then.
  Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                              {time}  1300

  The SPEAKER pro tempore (Mrs. Myrick). Pursuant to House Resolution 
513 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the consideration of the 
bill, H.R. 3030.

                              {time}  1300


                     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 consideration of the bill 
(H.R. 3030) to amend the Community Service Block Grant Act to provide 
for quality improvements, with Mr. Latham in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Ohio (Mr. Boehner) and the 
gentleman from California (Mr. George Miller) each will control 30 
minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Boehner).
  Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, before I get into my remarks on the underlying bill, 
the Community Services Block Grant reauthorization, let me take a 
moment to welcome our colleague, the gentleman from California (Mr. 
George Miller), and the ranking democrat on my committee, back to the 
House. He had some surgery over the break in December and has been in a 
period of recuperation. And we just want to welcome him back, back to 
the House and hope that he is in a very pliable and amenable mood.

[[Page 1041]]

  Mr. Chairman, I rise today in strong support of H.R. 3030, improving 
the Community Services Block Grant Act, a bill that strengthens the 
popular and valuable Community Services Block Grant program.
  I want to thank my colleague from Nebraska (Mr. Osborne) who is the 
author of this legislation, who, along with his staff and our committee 
staff, has worked hard to guide this legislation through the committee 
where the bill received bipartisan support.
  The CSBG provides Federal money to State and local agencies to lessen 
the effects of poverty. States pass at least 90 percent of the Federal 
funds they receive through to community action agencies who run 
programs to help with finding and retaining a job, getting food on the 
table, and providing emergency services.
  Since 1981, this program and the agencies it funds have helped 
millions of fellow Americans. Mr. Osborne's legislation makes 
improvements to this popular initiative by increasing accountability 
and efficiency while preserving the successful framework of this proven 
program. The bill requires the community action agencies to set clear, 
locally determined goals and to work each year to meet those goals. 
Agencies that repeatedly fall short of their own goals will be subject 
to action by the States. H.R. 3030 works with the local centers while 
making sure taxpayer dollars are carefully accounted for.
  In the interest of improving the quality of local programs, this bill 
requires States to reevaluate their lowest performing grantees and 
justify to the Secretary of Health and Human Services why those 
organizations should continue to receive Federal funding. Again, this 
bill makes sure that agencies using Federal funds are delivering high-
quality services.
  Finally, this bill maintains the current law regarding faith-based 
organizations. We are all aware that some of the finest social service 
organizations in this country are run by religious charities; and I, 
along with a majority of my colleagues on the committee, believe that 
these faith-based organizations ought to be able to continue to provide 
help to their neighbors in need.
  In 1998 when this bill was last reauthorized, then President Clinton 
signed into law the same language that we have in the bill of the 
gentleman from Nebraska (Mr. Osborne) today. It allows faith-based 
community services to continue to maintain the character of their 
organizations with regard to their own hiring decisions. In fact, a 
broad group of faith-based organizations including Catholic charities, 
the American Association of Christian Schools, the Salvation Army, 
World Vision, and the Coalition to Preserve Religious Freedom have 
expressed strong support for the faith-based protections included in 
this bill.
  There are some on the other side who would like to strip these rights 
to deny religious charities the rights they are granted under the 1964 
Civil Rights Act and as upheld by the U.S. Supreme Court and current 
law.
  Now, should the minority succeed in depriving these groups of their 
rights, I do think it would have a chilling effect on the participation 
of faith-based organizations in the Community Services Block Grant 
program.
  We can expect that at least some of these groups would choose not to 
participate in CBGC, rather than compromise their character. As we all 
know, the group most likely to suffer the consequences are the most 
vulnerable in our society, those who need the help most.
  This legislation makes some key improvements to ensure quality and 
accountability in the Community Services Block Grant program but leaves 
the essential character of this popular and successful program 
unchanged.
  I want to urge my colleagues to support this valuable antipoverty 
program that the funds in this bill promote and vote ``yes'' on H.R. 
3030 to improve the Community Services Block Grant program.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such 
time as I may consume.
  Mr. Chairman, I want to begin by thanking the gentleman from Nebraska 
(Mr. Osborne) and the gentlewoman from California (Ms. Woolsey) for all 
of their work on this legislation.
  I want to compliment the gentleman from Nebraska (Mr. Osborne), a 
relatively new Member of the Congress, for his effort in shepherding 
this through our committee and bringing it to the floor on a timely 
basis. And I want to thank the gentleman from Ohio (Mr. Boehner) for 
working with us on many of the provisions in this bill to make sure 
that States and local entities are held to strong accountability while 
providing services to reduce the effects of poverty. And I rise in 
strong support of the Community Services Block Grant program.
  The Community Services Block Grant is a relatively small, but an 
extremely important, program. The central purpose of this program is to 
minimize the effects of poverty and to maximize self-sufficiency. This 
program gives money to local entities who can create innovative 
programs and respond to community needs. It helps low-income 
individuals and families with services such as domestic violence 
prevention programs, job training and business development, senior 
services, homelessness, food pantries, adult literacy, and early 
education.
  As we read that list of names, many of us will recognize our friends 
and families who volunteer in many of these efforts in our communities 
because the Community Services Block Grant has also been a catalyst to 
bring together other elements of the community help volunteers to 
address these problems that are present in our local community. I 
support the provisions of this legislation, and the substitute makes 
important steps to further strengthen the accountability of goals and 
performances.
  However, I cannot support this bill because this bill contains a 
poison pill. I will not support government-sponsored religious 
discrimination. And we can dress it all up and we can talk all around 
the point, but the fact of the matter is that what this legislation 
does is allow faith-based organizations to make discriminatory hiring 
decisions with the funds from the Community Services Block Grant.
  The majority claims that these types of repeals of civil rights laws 
are necessary for faith-based groups to participate is simply wrong. 
The faith-based organizations have been participating in this program 
from its inception. In many instances, the faith-based organizations 
were here prior to the creation of the Community Services Block Grant.
  When we think back to the War on Poverty, when we think back to 
ending segregation in this country and to providing opportunity in this 
country, to poor and minority families in our communities, if it had 
not been for the faith-based organizations, many of those efforts would 
have never gotten off the ground in many regions of this country, in 
many of our cities, and many of our communities.
  So the fact of the matter is from its inception faith-based 
organizations have been a key component, a necessary component, and a 
welcome component to the providing of services under the Community 
Services Block Grant and in many other governmental activities that we 
undertake to improve our communities.
  Mr. Chairman, I also want to point out that the suggestion that, but 
for this provision in the law, these organizations are not 
participating, according to a nonpartisan survey, over two-thirds of 
local Community Service Block Grant boards include faith-based 
organizations. Forty percent of the community action agencies contract 
with faith-based organizations to deliver services.
  I expect, again, that Members of Congress will recognize that 
activity. I certainly do from the congressional district that I 
represent because I rely on, and our community relies on, and the 
families and recipients of these services rely on faith-based 
organizations to extend the efficiency of these programs, to extend the 
effectiveness of these programs. We do it when working with prison 
parolees and their families; we do it working with the victims of

[[Page 1042]]

domestic violence and working with children who need additional 
mentoring and tutoring, all kinds of activities that take place in our 
community.
  Nearly 100 percent of the community action agencies refer clients to 
faith-based providers because the services are there and they are 
effective and they are working. The majority's claim that Democrats and 
President Clinton have supported discriminatory language we are 
debating today is really not true. When the Community Services Block 
Grant was before us in 1998 the religious discrimination language was 
put into conference report and was voice voted at 2 a.m. Some on the 
other side of the aisle may recognize that because that has become a 
habit. Whenever there is something controversial, we do it after 
midnight in the House of Representatives.
  Mr. Chairman, we simply should not as a matter of law give to 
religious organizations the right to discriminate when they are using 
Federal dollars, because that makes the government of the United States 
a partner in the discriminatory agent. And that is what the 
Constitution is all about, to make sure that the government does not do 
that.
  We had a little tune-up here a little earlier on the floor between my 
chairman and the gentleman from Texas (Mr. Edwards), and I think it is 
clear that there is a distinction what faith-based and private 
organizations do with their own money. It is a distinction that has 
been brightly drawn in Federal law as to what they do with the 
taxpayers' dollars. Obviously these taxpayer dollars come from people 
of all faiths, and they should not be used to discriminate.
  The underlying bill is a very good bill. It is a very important bill. 
It is an improved bill because of the work of the members of our 
committee. But it, in fact, contains this poison pill that specifically 
provides for discrimination with Federal funds. I will not support that 
effort. I would hope that most of the Members of Congress would not 
support that effort, and then we can get on to renewing the effort by 
the community action agencies, by our States and our cities and 
localities and agencies and so many of the faith-based organizations 
that are already providing so many of these services and helping so 
many of the agencies and helping so many in our community to battle the 
impacts of poverty on families and children in our communities.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Chairman, I yield 6 minutes to the gentleman from 
Nebraska (Mr. Osborne), the author of the bill before us.
  Mr. OSBORNE. Mr. Chairman, I would like to thank the gentleman from 
California (Mr. George Miller) for his kind comments regarding the 
overall worth of the bill. I am glad to see him back.
  I really have three comments regarding the faith-based issue. First 
of all, I think that we need to recognize that there is legal 
precedent. And some of this has been discussed earlier. There are four 
different acts: The Substance Abuse and Mental Health Services 
Administration Act; the Welfare Reform Act of 1996; the Community 
Renewal Tax Relief Act of 2000; the Community Services Block Grant Act 
of 1998, which we have been discussing, which is current law; title VII 
of the Civil Rights Act of 1964, which we have been discussing; Supreme 
Court decisions such as Bowen v. Kendrick. So all of these provide 
sound legal support for the fact that faith-based organizations have a 
right to consider religion in determining hiring. And so we think this 
is well substantiated.
  What time of night we voted on a bill should not have any bearing. We 
are accountable people. We cannot call Kings Acts because it was at a 
certain time of day.
  We hear about special interests being involved in this, such as the 
Salvation Army, Catholic Social Services. These are not really very 
powerful special interest groups, and I do not think we need to worry 
about them very much.
  The second point I would make is this, and the chairman made this 
earlier, this is a bill that is working. And so often when we get down 
to where the rubber hits the road in this body, we want to quibble over 
details, and we do not want to worry about the big picture. The big 
picture is how many people in need are we helping? And, obviously, this 
bill has done a good job for the last 6 years. There have been minimal 
complaints. Matter of fact, we know of no legal challenge to this bill.

                              {time}  1315

  So why all the sudden now is this becoming a big issue?
  The third point that I would like to make is simply that of return on 
investment. And we hear a lot about budget deficits and our tax dollars 
and how they are being spent. Well, let us take a look at this because 
I think this is important. I will give you a case history from my 
district.
  One agency has total funding of $8.5 million; $250,000 of this comes 
from community service block grants. That is 3 percent of the total. 
This particular agency serves 12,000 people. So if you prorate that, 
that means an average of $700 goes to each recipient. The community 
service block grant would then serve 350 of that 12,000.
  Now, let us take, say we took that $250,000 community service block 
grant and said, okay, we got to go rent a building. We have to go hire 
3 employees. We have to get a car. We have to buy some computers. We 
have to get some telecommunications going. You would eat up the whole 
$250,000 getting started. You would serve nobody.
  What we are doing is getting more bang for the buck. I think 
everybody can understand that. We are not hurting anybody. I think it 
is important to understand that.
  I think it is also important to understand that if faith-based 
organizations are not allowed to maintain hiring practices where faith 
is a consideration, obviously, many will leave the program. So they 
would be open to lawsuits regarding a hostile environment due to 
religious symbols and art. So if somebody has a picture on the wall 
that is a religious connotation, and somebody does not like it and they 
have been hired and they do not understand the mission of that 
organization, they can file a lawsuit because of a hostile environment 
which makes it almost impossible to function.
  Also, as the chairman pointed out earlier, many faith-based 
organizations have employees with multiple responsibilities. So the 
music director at a church may also run the Head Start program. A youth 
pastor may run the food pantry. If you have multiple responsibilities, 
you obviously have to have people in place who understand the mission 
of that particular church or organization, and you cannot say, well, we 
need to have somebody who is socially acceptable and politically 
correct, but is actually the antithesis of what that particular 
organization wants to hire. You cannot do that.
  Also, they could lose their tax-exempt status because tax-exempt 
status is provided to entities which share a common faith. So if you 
have to hire people that do not share that common faith, then how are 
you going to maintain that tax exemption? So we often assume the worst 
about faith-based organizations. I think this is a mistake.
  The overwhelming majority of faith-based organizations hire people 
who agree simply with their mission. They hire people of other faiths 
but they want to make sure they understand the mission.
  Dr. Nelson testified before our committee. She runs a faith-based 
organization in Chicago. She says their mission is based on a passage 
from the book of Isaiah that refers to justice and compassion. So 
obviously they hire a broad spectrum of people from many different 
faiths that simply aspire to that mission.
  So this organization should not be forced to hire those who do not 
agree with the mission. That is simply what we are saying. We do not 
think there is widespread discrimination anyway.
  Lastly, I will say this: The Supreme Court in Mitchell v. Helms set 
forth the proposition that members of religious organizations should 
always be presumed to be acting in good faith. It seems to me that we 
are doing exactly the opposite here. We are assuming

[[Page 1043]]

that members of religious organizations act in exactly the opposite, 
they operate in bad faith. I do not think they do this. That is why for 
6 years we have not had complaints. This is working. So we think we 
have a good bill. We think we need to pass it, as written, and we would 
urge a vote against the substitute.
   Mr. Chairman, I am very pleased to rise today in support of my bill, 
H.R. 3030, Improving the Community Services Block Grant Act of 2003. 
H.R. 3030 reauthorizes the Community Services Block Grant Act (CSBG). 
The Community Services Block Grant program distributes Federal money to 
more than 1,100 Community Action Agencies nationwide that use those 
funds to lessen the effects of poverty.
   In my congressional district, there are six Community Action 
Agencies: Blue Valley Community Action, Central Nebraska Community 
Services, Community Action Partnership of Mid-Nebraska (Kearney), 
Goldenrod Hills Community Services, Northwest Community Action, and 
Panhandle Community Services. Each of these agencies provide invaluable 
services to the citizens of Nebraska.
   Many people have asked about what CSBG funds do. In short, CSBG 
funds provide the glue that help Community Action Agencies coordinate 
funding and services across the spectrum of what families might need. 
An example of the success of the CSBG was shared with me by Shelley 
Mayhew of the Blue Valley Crisis Intervention. Shelley worked with a 
young mother with a 5-year-old child who was abandoned, with no money 
or car, by her abusive and violent fiance.
   Unable to search for a job because of her inability to pay for 
childcare, lack of extended family support, lack of domestic violence 
services, and her lack of a car, since in rural Nebraska we have no 
mass transit system, this young mother was referred to Blue Valley 
Community Action Crisis Intervention. There, through the actions of 
staff at Blue Valley, the child was enrolled in school, the family 
received domestic violence counseling and found affordable housing, and 
the mother found a job that allows her to support her family. Today, 
this young mother is even enrolled in a program to help her prepare for 
homeownership. Shelley, the caseworker, says, ``I watched a family 
struggling and hopeless become self-sufficient and optimistic about the 
future. I feel very fortunate to be part of an agency that makes a 
difference in so many people's lives.''
   This is just one story from my congressional district. H.R. 3030 
preserves the CSBG as a true State block grant program, allowing States 
to establish and operate antipoverty programs that meet the unique 
needs of their low-income communities. It also retains the current 
definition of an eligible entity to include the grandfather provisions, 
but requires eligible entities to successfully develop and meet locally 
determined goals and meet State goals, standards, and performance 
requirements in order to continue to receive funds.
   H.R. 3030 contains a number of important provisions:
  Increases quality by requiring States to reevaluate funding the 
lowest-performing grantees. States are not required to defund these 
groups, but to explain why underperforming agencies should continue to 
receive funding. In addition, agencies are required to set locally 
determined goals and meet those goals and State goals, standards, and 
performance requirements.
  Improves accountability by requiring states to take swift action to 
improve or defund low-performing entities that do not meet State and 
local goals.
  Retains protections for faith-based charities. H.R. 3030 allows 
faith-based organizations to make employment decisions based on 
religion. I realize that this will be a topic of much discussion as we 
address this bill today, but I hope we can keep in mind that this is 
current law, signed into law by President Clinton. The bill does not 
permit federal funds to be used for the purposes of promoting religion. 
Rather, the CSBG funds under this bill can be used for secular purposes 
without compromising the essential character of the faith-based 
organization providing the services.
  In addition, the bill maintains current overall funding levels as 
well as continues funding discretionary programs, including the 
National Youth Sports Program, which is particularly important to me.
  I want to thank all the staff on both sides of the aisle who worked 
so hard to craft the compromise language that was necessary to insure 
that H.R. 3030 met the needs of the local organizations that work so 
hard to provide services to all of our constituents.
  I urge passage of H.R 3030 and yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 7 minutes to 
the gentleman from New Jersey (Mr. Andrews).
  Mr. ANDREWS. Mr. Chairman, I thank my friend and ranking member for 
yielding me time.
  Mr. Chairman, I would like to congratulate the gentleman from Ohio 
(Mr. Boehner) and the gentleman from Nebraska (Mr. Osborne), and the 
gentlewoman from California (Ms. Woolsey) for the outstanding work they 
have done in authorizing the continuation of a very powerful and 
positive force in our community.
  I will support the Democratic substitute because it permits that work 
to go forward, but it does not contain a very troubling provision that 
I believe should be struck from the bill.
  There are few things that I hold more dearly in my life than my 
faith. I miss the weeks when I cannot attend my chosen church. I feel 
like something is missing in my life. I make an effort as much as I can 
that my children are exposed to their religious traditions so they can 
make their own choices about religion. I feel awfully blessed to live 
in a country where I can practice my faith as I see fit. It is one of 
the things that I most cherish about being an American. But I also 
cherish that I live in a country where the government can never, never 
force me to adopt a religious belief or to bend my religious belief 
because it is the will of the majority.
  There are few principles in American law that are without exception, 
but that is one of them. And I am glad that it is one of them. The 
provision that is in this bill, although I know that it stems from the 
best of intentions, and I know that in fact in many cases it would 
yield the best of results, is ultimately a provision that would do 
great mischief to this great balance of liberty that the framers of the 
Bill of Rights gave us in balancing the prohibition against the 
establishment of religion with the free exercise of religion.
  I agree with my friend, the gentleman from Nebraska (Mr. Osborne) 
when he says he presumes that most faith-based organizations most of 
the time want to do what is right with public money and with private 
money. That is obviously true. But the Bill of Rights is not about the 
majority of situations or the majority of people. It is about 
everyone's rights in every situation to be free from religious 
discrimination paid for and facilitated by public dollars. Here is the 
situation that gives me trouble and pause about this bill:
  One of the programs that is funded under this bill is the Meals on 
Wheels program, a terrific program where shut-ins and other people 
suffering with illness or infirmity can receive a hot meal in their 
community and in their home. Under this bill, as proposed, if a Meals 
on Wheels program were to be run by a church or a synagogue or a 
mosque, and that Meals on Wheels program was advertising for a van 
driver, not a Sunday school teacher, not a director of religious 
education, but a van driver, someone who is going to get in the van 
every day and deliver the meals, the church or the synagogue or the 
mosque could say, with our tax money, We will not consider you to drive 
the van if you are not a Catholic. We will not let you cook the dinners 
if you are not Jewish. We will not let you run the administrative part 
of the program if you are not a Muslim. With public money.
  Now, it is one of the cherished religious principles of this country 
that with its own money the church or the temple or the mosque can 
absolutely maintain that hiring practice, and it should. And I will 
never vote for the legislation that limits or repeals that right, 
because it is unconstitutional and it is wrong. But I also will never 
vote for the proposition that is before us today that says with my 
money and your money, Mr. Chairman, that a church or a temple or a 
mosque can refuse to hire someone because they do not fit the right 
religious profile. That is not right.
  The reason that we have a country is because people came across the 
Atlantic Ocean hundreds of years ago to escape a society where if you 
did not fit the religious conformity of the majority, you could not be 
a full partner in

[[Page 1044]]

that society. That is why there is a United States of America. Now when 
people say, well, faith-based groups are excluded from community 
development programs because they cannot discriminate with public money 
on the basis of hiring and firing, that is not true. There are faith-
based organizations that run Head Start centers and run Meals on Wheels 
programs and run homeless programs and job training programs, and they 
do so respecting the differences between the protected private right to 
choose whomever you want from your faith or not from your faith and the 
recognized public responsibility to spend money in such a way that does 
not discriminate.
  This is not a debate about motive. I know that the sponsors of this 
legislation on the majority side are not bigots and not interested in 
discrimination in any way, shape or form. I know that their motive, in 
fact, is to spread the good works of religious organizations in this 
country and I support that mission as well. But the best way to support 
and spread the good works of religious institutions in this country is 
not to entangle those institutions in the machinery of government. The 
best way to ensure the continued vitality of our churches and our 
temples and our mosques is to assure their continued independence. And 
the best way to assure their continued independence is not to ensnare 
them in the expenditure of public funds in discriminatory practices.
  I do not want my church to be able to take my tax money and tell 
people who are not a part of my church that they cannot come to work 
there in a federally funded program. I do not want that. And I 
certainly do not want someone taking any tax money and telling someone 
of my faith or some other faith that they cannot do the same thing as 
well.
  This is a well-intentioned provision, I am sure, but the results will 
be a mischief that we will regret for a very, very long time. The right 
course of action, Mr. Chairman, is to pass the Democratic substitute, 
move forward with the laudable programs under this bill, and retain the 
cherished tradition of the separation of church and State that has 
defined this country's success for so many years and so many 
generations.
  Mr. BOEHNER. Mr. Chairman,I yield myself such time as I may consume.
  Mr. Chairman, it should be clear to our colleagues today that the 
underlying bill, the reauthorization of the Community Services Block 
Grant program, has been done on a broad bipartisan basis. The only 
issue here of disagreement in the Chamber is the issue of whether 
faith-based providers would give up their title VII exemption in order 
to continue working in this program.
  As I mentioned before, for the last 6 years this language allowing 
faith-based providers to receive federal funds and to maintain their 
exemptions under title VII has in fact been the law. And to my 
knowledge, there has been no complaints. Now, it is pretty clear to me, 
and I think to most of my colleagues, that faith-based organizations, 
whether they are using their own money or they are using federal funds, 
I would venture to say that the vast majority of them probably would 
never take up their title VII exemption or need it. But the fact is 
that that is the law.
  The 1964 Civil Rights Act made it very clear that religious 
organizations did not have to give up their rights to hire the person 
of their choice under that act. And all we do here is maintain that and 
we have been doing this, as we said, in the welfare reform law, a 
number of other laws, over the past decade or so. And for those who 
have differences with this law, and I certainly respect their opinion, 
the fight should not be here on this bill. If they really feel strongly 
that the title VII exemption for religious organizations should be 
taken away, they should go to the Committee on the Judiciary and move a 
bill to change the 1964 Civil Rights Act. But let us not do it on this 
bill.
  Mr. Chairman, I yield 2 minutes to the gentleman from Delaware (Mr. 
Castle), who has worked diligently on this program, not only here as a 
Member of Congress, but in his prior life of Governor of the great 
State of Delaware.
  Mr. CASTLE. Mr. Chairman, I thank the chairman of the committee very 
much for yielding me time and all of those who helped put this 
together.
  In a benevolent society, as America is, I think the most important 
function government can have is the care of those who may be unable to 
take care of themselves. As we know, with the Community Services Block 
Grant we are dealing with the very lowest-income part of our 
population. I doubt if there is a single Member here, either Republican 
or Democrat, who has not toured or at some point come into contact with 
probably multiple agencies which are working under this particular 
grant, and which has made a difference in the lives of people.
  I certainly have had that great opportunity as I have seen the Meals 
on Wheels programs and educational programs and helping with housing 
and helping with job development, and you name it, the various things 
these agencies do. It is a very clean flow through to these agencies. 
It is a very clean delivery system as they deal with that particular 
part of the population who needs help.

                              {time}  1330

  This is a very important piece of legislation. I congratulate the 
chairman and the ranking member and everybody else who was involved, 
the gentleman from Nebraska (Mr. Osborne), of course, who is the author 
of this, for putting together a piece of legislation which both renews 
what we have been doing and reauthorizes it for the next half dozen 
years or so but also recognizes that we need to keep an eye on certain 
things and does that as well.
  I think this is a very good underlying piece of legislation. I would 
encourage each and every one of us to support it and also to support 
these programs out in our communities, which I think makes a great 
difference in the quality of life for everybody.
  On the faith-based issue, which is obviously the contentious issue 
here, I think it is important to understand, for whatever reason, this 
was done in 1998. If my recollection is correct, it became law under a 
Democratic President at that time. I have not had anybody say to me 
ever in my State of Delaware that there is a problem with that. Not 
once have I ever heard it mentioned, and I have been to these agencies 
on a number of occasions in the course of the last half dozen years, 
and I have not heard any examples of that on the floor.
  Where it is really a problem, where the rubber hits the road, it is a 
very nice constitutional argument. It belongs in the Committee on the 
Judiciary, but the bottom line is most of the people who are supplying 
these services are doing it in a way that benefits everybody, and I 
would encourage everyone to support the legislation.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today as a supporter 
of H.R. 3030 which provides Federal funds to local community action 
agencies and local nonprofits, who use these funds to lessen the 
effects of poverty. However, Mr. Chairman I cannot in good conscious 
support this legislation without having the Democratic substitute being 
accepted as part of this bill. While I support faith-based 
organizations I also support the idea of religious freedom that is a 
hallmark of our great Constitution and would be repressed by the 
passage of this resolution without an amendment.
  Mr. Chairman as the representative of the 18th Congressional district 
in the city of Houston I have seen the good works that can be done by 
faith-based organizations. I have gone to nearly every church in my 
district and seen the charity taking place to feed, clothe, and care 
for our most impoverished citizens. But it is not just churches that 
engage in this kind of beneficial activity. Throughout my district 
there are synagogues, mosques, and temples that are out-reaching to the 
general community. We should be encouraging all these centers of faith 
to be dialoguing and working with each other. We must eliminate many of 
the walls that often exist between communities of faith and have 
plagued so much of the world. The legislation contains the fatal flaw 
of allowing discrimination based on a person's religious background. If 
a person of a different faith wanted to take part in a church's 
homeless project and was turned away because of

[[Page 1045]]

her faith, how can we approve of that? Each individual should be judged 
on their intentions not just on their faith. The people who want to 
work in these faith-based programs only have the best of intentions. 
They want to positively affect their community and we should not allow 
others to put roadblocks in their way simply because of their religious 
affiliation.
  The provisions allowing religious discrimination in faith-based 
organizations is truly unfortunate because this is an otherwise 
excellent piece of legislation. Not only will it provide community 
service block grants, but it will hold these programs accountable. 
States will now have to monitor the effectiveness of programs that are 
receiving Federal funds under this legislation. I know for certain that 
this legislation will be very welcome in the city of Houston and indeed 
in the State of Texas. Our State is full of charitable and caring 
people whose only concern is the well-being of the community. I have 
full faith in my fellow Texans that they would accept and welcome a 
provision not allowing religious discrimination for Federally funded 
programs. This body has always stood for the rights of all minorities 
and we should stand with them now. Those who want to engage in 
charitable activities should be allowed to do so regardless of their 
religious faith. I hope the majority in this body will accept the 
Democratic substitute and make this a truly bipartisan resolution.
  Mr. RYUN of Kansas. Mr. Chairman, some of my colleagues on the other 
side of the aisle would like to strip religious organizations of a 
fundamental first amendment right that has been guaranteed to them by 
decades of civil rights law--a right that has been upheld by both the 
Congress and the U.S. Supreme Court.
  George Washington in a letter to the Annual Meeting of Quakers held 
in 1789 said this: ``The liberty enjoyed by the people of these states 
of worshiping Almighty God agreeably to their conscience, is not only 
among the choicest of their blessings, but also of their rights.''
  As noted in a recent study by The Heritage Foundation entitled 
Churches, Charity, and Children: ``It is not hard to understand why 
religious organizations would hire only those with similar religious 
values. It is impossible to safeguard an organization's mission--
religious or secular--without staff and volunteers who embody it.''
  Our Nation was founded on the premise of religious freedom. It is 
what makes our Nation great.
  Religious organizations are founded on deeply held convictions. It is 
these convictions that have created these organizations. It is these 
convictions that make these organizations so successful. It is these 
convictions that give these organizations life. And today, if we as a 
Congress do not combat this attempt to destroy these convictions, we 
will be destroying a part of the very foundation of what and who we are 
as a Nation.
  Mrs. BIGGERT. Mr. Chairman, I rise today in support of H.R. 3030 and 
in opposition to the amendments offered today.
  H.R. 3030 would reauthorize the Community Services Block Grant 
program and restore the protections granted to religious organizations 
under Title VII of the Civil Rights Act. This exemption explicitly 
allows faith-based organizations the freedom to consider religion when 
hiring staff, and any federal legislation governing federal training 
and social services funds should continue to protect these rights.
  Faith-based providers cannot be expected to sustain their religious 
mission if they cannot employ individuals who share the tenets and 
practices of their faith. In many cases, it is that faith that 
motivates them to serve their community. Such practices have been 
upheld by the United States Supreme Court in Bowen v. Kendrick, even 
when the organization is receiving federal funds.
  Let me clarify. Federal funds cannot be used for worship or for 
proselytizing. Nor can these organizations discriminate in who receives 
services. Any activity that used federal funds must not be 
discriminatory.
  We have a long history of making social service legislation more 
inclusive by extending the Title VII exemptions in various federal 
programs. H.R. 3030 contains the same ``faith-based'' provisions as the 
Welfare Reform Act of 1996 and the Community Services Block Grant Act 
of 1998, both of which were signed into law by former President 
Clinton. The bill we are considering today would simply make the 
Community Services Block Grant consistent with the legislation 
governing other major social service programs. Furthermore, in May, the 
House approved almost identical language in reauthorizing the Workforce 
Reinvestment and Adult Education Act of 2003.
  I urge my colleagues to support this legislation and let faith-based 
organizations continue the good work they are currently doing.
  Ms. LEE. Mr. Chairman, today I rise in strong support of the Woolsey 
and Miller amendments and to highlight the immense need for anti-
poverty and poverty-reduction programs, currently executed by 
communities through the Community Service Block Grant program.
  Unfortunately today, far too many of us are blinded by the politics 
of service instead of viewing the need for it.
  As we debate the merits of this legislation's language, its impact on 
civil rights, and where funding can be squeezed out of the 
administration's budget for actual communities to invest in people, we 
negate the intent of this bill and the work that must be done.
  This bill should be about people not politics.
  The truth is we are in an ongoing struggle for human dignity, basic 
human rights and real people living in poverty which this bill has 
provided resources and support to.
  Ending poverty should be our obligation, and President Johnson 
launched the Community Service Block Grant program back in the 1960s 
hoping that we would step up to our commitment.
  How many of us can argue that we have challenged this chronic 
problem, while our country has 35 million people living in poverty, 43 
million people without insurance, 14.4 million families with critical 
housing needs, at least 2 million Americans without jobs, and while 
hunger and homelessness continue to rise with over a million homeless 
people on the street any given night--nearly a third of whom are 
veterans.
  The Community Service Block Grant is part of a comprehensive, 
community centered approach to helping those most vulnerable in our 
country. The CSBG grants funding and resources to groups that: 
weatherize homes or provide emergency assistance; teach parents on 
parenting and connect parents to reliable child care; work with elderly 
and youth after school programs; provide transportation to those with 
disabilities; teach people about credit and financial literacy; provide 
crisis assistance to victims of domestic violence; fill food pantries 
for the hungry; and the list goes on and on.
  Mr. Chairman, today the debate over the Community Service Block Grant 
authorization should go much deeper than mere dollars and cents. The 
domestic agenda of the Bush administration is crippling America and 
Congress cannot stand for it.
  Our challenge and our obligation to eliminate poverty and guarantee 
basic human rights and dignity to all men and women must be championed 
not only by this bill but by some real money and attention.
  I stand in support of ending poverty through the reauthorization of 
this bill, and if my colleagues feel the need to politicize poverty 
today, then I along with many other Members, will shed light on those 
malicious maneuvers.
  The centerpiece of this debate should be, where there is justice for 
all men and women, we find peace and respect for human dignity and 
rights. Today this country needs leadership that will ensure and 
protect that dignity and our basic and most treasured human rights.
  Ms. SCHAKOWSKY. Mr. Chairman, I rise today to speak out in opposition 
to H.R. 3030, a bill to reauthorize and amend the Community Service 
Block Grant program. While I strongly support the social services and 
organizations that these grants help support, this bill does not 
correct current law, which explicitly allows religious organizations 
that receive federal funds from the Community Service Block Grant Act 
to discriminate in their hiring. Instead, I support the amendment 
offered by my colleagues, Representatives Lynn Woolsey, George Miller, 
and others, which would prohibit discrimination in hiring based on 
religion.
  Americans share a fundamental value that we must never discriminate 
on the basis of religion. Unlike other ideologies, our Constitution 
specifically protects religion in the first amendment of the Bill of 
Rights. Yet, H.R. 3030 says federal funds can, in fact, be used to 
discriminate against someone who may not share the same religion as 
that practiced by the organization receiving funds. We must not allow 
our taxpayer dollars to support discrimination.
  The fact is that religious organizations have been providing secular 
social services, such as Meals on Wheels, adult literacy programs, 
homeless shelters and job-training programs, to people in this country 
for decades. And, in cases where federal funds are involved, these 
religious organizations have willingly done so without discriminating 
in their hiring. We must not go down a road where discrimination of any 
kind is allowed with federal money.
  I urge my colleagues to vote ``no'' on H.R. 3030 and ``yes'' on 
amendments that prohibit religious discrimination.
  Mr. UDALL of Colorado. Mr. Chairman, I rise today to express my 
cautious support of

[[Page 1046]]

H.R. 3030, the reauthorization of the Community Service Block Grant 
(CSBG).
  The Federal government sponsors several programs which fight poverty 
on all levels. The CSBG ties these programs together and provides extra 
support and flexibility to meet the individual needs of each state. 
Many public and private organizations which fight poverty will benefit 
the lives of many more people throughout the country as a result of the 
help these grants provide.
  This bill makes several changes that enhance the quality of services 
these grant sponsor. For example, organization, when applying for the 
grant, must submit a detail plan about the type of services they will 
provide as well as criteria which effectively judge if the organization 
has meet the goals outline in their submitted plan. by establishing 
local goals, each organization can tailor their efforts to meet the 
needs of their clientele, while maintaining a high standard of service 
and effetive use of taxpayer dollars.
  I am also pleased that this bill continues to require funding to 
improve economic conditions and encourage self-sufficiency for the poor 
in rural areas. The rural poor face different barriers to reach self-
sufficiency than those in urban areas and thus require different types 
of services to reach a level of independence.
  I do have many concerns that efforts to protect against religious 
discrimination in hiring made in both committee and through amendments 
to this bill were not adopted by this chamber. While I believe that it 
is important that religious organizations maintain their religious 
character, I do not favor discrimination of any kind with federal 
dollars.
  That being said, I believe that this ultimately is a good bill and 
the efforts made through the Community Service block Grants provide 
important services to the poor in our country. As a result, I will vote 
in favor of H.R. 3030 and am hopeful that the Senate will provide 
protection against hiring discrimination and that that language will 
remain in the final version of the bill.
  Mr. STARK. Mr. Chairman, today I rise in opposition to the 
``Improving the Community Services Block Grant Act of 2003'' and in 
support of the Democratic alternative.
  I fully support the Community Services Block Grant. It has helped 
lift many Americans out of poverty. It has been instrumental in 
creating programs that provide many Americans with services and skills 
to get good jobs and fully participate in their community.
  And ``community'' is an important value underscored in this 
initiative. The Community Services Block Grant is supposed to build 
stronger communities, not create divided ones where discrimination is 
tolerated and encouraged.
  Yet, the House Republican bill would do just that. It includes a 
provision that makes it legal for religious organizations that receive 
funds under the Community Services Block Grant to discriminate against 
who they hire or provide services to based on one's religious beliefs. 
This horrible provision will lead to religious organizations denying 
essential services to many low income Americans based on their religion 
and ultimately depriving them of the opportunity to use these community 
services to climb out of poverty.
  I will not vote for legislation that reinstitutes government-
sponsored discrimination. I urge my colleagues to vote instead for the 
Democratic alternative. It funds all the programs Republicans fund in 
their bill. But, it does so without opening the door to discrimination 
and intolerance that is a barrier to self-sufficiency and stronger 
communities across our Nation.
   Mr. KIND. Mr. Chairman, I rise today in strong support of the 
Community Services Block Grant. It is an extremely important program 
for more than 1,000 communities nationwide and millions of families. In 
Wisconsin, there are currently 19 eligible organizations and 11 tribes 
that receive CSBG funds and last year the State received nearly $8 
million in funding. I am pleased that in Wisconsin's Third 
Congressional District that I represent there are five Community Action 
Agencies serving our community. They include West Central Wisconsin 
Community Action Agency, Western Dairy-land, Cooleecap, Central 
Wisconsin Community Action Council and Southwest CAP. I commend these 
agencies for all the work they do to fight poverty and assist some of 
the most vulnerable members of our community.
   Over the past several years the Nation's poverty rate has risen so 
that now more than 34 million people live in poverty with an all-time 
high since statistics were first kept in 1979. Recent unemployment 
figures are equally troubling. Since 2001, approximately 2.3 million 
workers have lost their jobs. Given the current economic situation in 
this country right now, the reauthorization of a program whose central 
purpose is to minimize the effects of poverty and to maximize self-
sufficiency for millions of people is critically important.
   Yet, H.R. 3030 before us today fails to correct provisions in 
current law that permit religious organizations receiving funds under 
this Act to discriminate in employment based on religion. While these 
provisions have existed in current law for 5 years, I cannot condone 
the continuation of discriminatory policies in any context.
   During committee consideration of H.R. 3030, an amendment was 
offered to remove the discriminatory language. This amendment failed, 
thus retaining this language, which is why I opposed the legislation in 
committee and why I oppose it again today.
   While I strongly support the right of religious institutions to 
preserve the integrity of their own religious character when it comes 
to their activities, I oppose the Federal Government providing Federal 
funds for secular purposes to any organization that could then use 
these funds in a discriminatory fashion on religious grounds.
   I do support the Democratic substitute offered by my good friend, 
Representative George Miller, ranking member of the Education and 
Workforce Committee. The substitute restores basic civil rights for 
workers while ensuring the on-going participation of faith-based groups 
in CSBG programs.
   Mr. Chairman, in closing, I want to reiterate my support for the 
Community Services Block Grant and express my deep disappointment in 
having to oppose this bill for the mere fact that the congressional 
leadership insisted on retaining such discriminating language.
  Mr. GEORGE MILLER of California. Mr. Chairman, if I may inquire of 
the chairman how many additional speakers he has on general debate.
  Mr. BOEHNER. Mr. Chairman, I do not have any at the present time.
  Mr. GEORGE MILLER of California. Mr. Chairman, we have no further 
speakers, and I yield back our time. We can move right to the 
substitute. I think we were debating the substitute in any case.
  Mr. BOEHNER. Mr. Chairman, I yield back the balance of our time under 
general debate.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill is considered as an original bill for 
the purpose of amendment and is considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 3030

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving the Community 
     Services Block Grant Act of 2003''.

     SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT AMENDMENTS.

       (a) Purposes and Goals.--Section 672 of the Community 
     Services Block Grant Act (42 U.S.C. 9901 note) is amended to 
     read as follows:

     ``SEC. 672 PURPOSES AND GOALS.

       ``The purpose of this subtitle is to reduce poverty--
       ``(1) by strengthening and coordinating local efforts to 
     expand opportunities for individuals and families to become 
     economically self-sufficient and to improve and revitalize 
     low-income communities in urban and rural areas, by providing 
     resources to States for support of local eligible entities, 
     including community action agencies and other community-based 
     organizations--
       ``(A) to plan, coordinate, and mobilize a broad range of 
     Federal, State, local, and private assistance or investment 
     in such a manner as to use these resources effectively to 
     reduce poverty and in initiatives that are responsive to 
     specific local needs and conditions;
       ``(B) to coordinate a range of services that meet the needs 
     of low-income families and individuals, that support strong 
     and healthy families, and that assist them in developing the 
     skills needed to become self sustaining while ensuring that 
     these services are provided effectively and efficiently; and
       ``(C) to design and implement comprehensive approaches to 
     assist eligible individuals in gaining employment and 
     achieving economic self-sufficiency;
       ``(2) by improving and revitalizing the low-income 
     communities in urban and rural areas by providing resources 
     to States for support of local eligible entities and their 
     partners--
       ``(A) to broaden the resource base of initiatives and 
     projects directed to the elimination of poverty and the 
     redevelopment of the low-income community, including 
     partnerships with nongovernmental and governmental 
     institutions to develop the community assets and services 
     that reduce poverty, such as--
       ``(i) other private, religious, charitable, and community-
     based organizations;

[[Page 1047]]

       ``(ii) individual citizens, and business, labor, and 
     professional groups, that are able to influence the quantity 
     and quality of opportunities and services for the poor; and
       ``(iii) local government leadership; and
       ``(B) to coordinate community-wide resources and services 
     that will have a significant, measurable impact on the causes 
     of poverty in the community and that will help families and 
     individuals to achieve economic self-sufficiency and to test 
     innovative, community-based approaches to attacking the 
     causes and effects of poverty and of community breakdown, 
     including--
       ``(i) innovative initiatives to prevent and reverse loss of 
     investment, jobs, public services, and infrastructure in low- 
     and moderate-income communities; and
       ``(ii) innovative partnerships to leverage the assets and 
     services that reduce poverty, as provided in subparagraph 
     (A); and
       ``(3) by ensuring maximum participation of residents of 
     low-income communities and of members of the groups served by 
     grants made under this subtitle in guiding the eligible 
     entities and in their programs funded under this subtitle, to 
     ameliorate the particular problems and needs of low-income 
     residents and to develop the permanent social and economic 
     assets of the low-income community in order to reduce the 
     incidence of poverty.''.
       (b) Definitions.--Section 673(1)(A) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(1)(A)) is amended--
       (1) in clause (i) by striking ``and'' at the end;
       (2) in clause (ii) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iii) that successfully develops and meets the locally 
     determined goals described in section 678E(b)(1), as 
     determined by the State, and meets State goals, standards, 
     and performance requirements as provided for in section 
     678B(a).''.
       (c) Authorization of Appropriations.--Section 674 of the 
     Community Services Block Grant Act (42 U.S.C. 9903) is 
     amended--
       (1) in subsection (a) by striking ``1999 through 2003'' and 
     inserting ``2004 through 2009''; and
       (2) in subsection (b)(2)--
       (A) by striking ``678F'' and inserting ``678E to assist 
     States, eligible entities, and their partners in projects 
     supported by this subtitle''; and
       (B) in subparagraph (B) by striking ``monitoring (to 
     correct programmatic deficiencies of eligible entities)'' and 
     inserting ``monitoring (including technical assistance and 
     training to correct programmatic deficiencies of eligible 
     entities)''.
       (d) Uses of Funds.--Section 675C of the Community Services 
     Block Grant Act (42 U.S.C. 9907) is amended--
       (1) in subsection (a)(3)(A) by striking ``Beginning on 
     October 1, 2000, a'' and inserting ``A''; and
       (2) in subsection (b)(1)(F) by striking ``neighborhood-
     based'' and inserting ``community-based''.
       (e) Application and Plan.--Section 676 of the Community 
     Services Block Grant Act (42 U.S.C. 9908) is amended--
       (1) in subsection (b)--
       (A) by striking ``Beginning with fiscal year 2000, to'' and 
     inserting ``To'';
       (B) in paragraph (1)--
       (i) in subparagraph (B)--

       (I) by striking ``youth development programs that support'' 
     and inserting ``youth development programs, which may include 
     mentoring programs, that support''; and
       (II) by striking ``and'' at the end;

       (ii) in subparagraph (C) by adding ``and'' at the end; and
       (iii) by adding at the end the following:
       ``(D) initiatives to improve economic conditions and 
     mobilize new resources in rural areas to eliminate obstacles 
     to the self-sufficiency of families and individuals in rural 
     communities;'';
       (C) in paragraph (2) by striking ``community and 
     neighborhood-based'' and inserting ``community-based'';
       (D) in paragraph (3)--
       (1) in the matter preceding subparagraph (A) by striking 
     ``information provided by eligible entities in the State, 
     containing'' and inserting ``an assurance that the State will 
     provide information, including''; and
       (ii) in subparagraph (D) by striking ``community and 
     neighborhood-based'' and inserting ``community-based'';
       (E) in paragraph (9) by striking ``and community 
     organizations'' and inserting ``and community-based 
     organizations'';
       (F) in paragraph (10) by striking ``community 
     organization'' and inserting ``community-based 
     organization'';
       (G) in paragraph (12) by striking ``and'' at the end;
       (H) by redesignating paragraph (13) as paragraph (15); and
       (I) by inserting after paragraph (12) the following:
       ``(13) an assurance that the State will take swift action 
     to improve performance or, when appropriate, to terminate the 
     funding under this subtitle of low-performing eligible 
     entities that do not meet the applicable locally determined 
     goals described in section 678E(b)(1) or do not meet the 
     State goals, standards, and requirements as provided for in 
     section 678B(a);
       ``(14) an assurance that the State will provide a 
     justification to the Secretary if it continues to fund 
     persistently low-performing eligible entities; and'';
       (2) in subsection (c)(2) by striking ``plan, or'' and all 
     that follows through the period at the end, and inserting 
     ``plan, to meet a State requirement, as described in section 
     678C(a), or to meet the locally determined goals as described 
     in section 678E(b)(1).''; and
       (3) by striking subsection (f).
       (f) Training, Technical Assistance, and Other Activities.--
     Section 678A(a)(1)(A) of the Community Services Block Grant 
     Act (42 U.S.C. 9913(a)(1)(A)) is amended--
       (1) by inserting ``dissemination regarding best 
     practices,'' after ``technical assistance,''; and
       (2) by inserting ``(including to assist in the development 
     of reporting systems and electronic data systems)'' after 
     ``collection activities''.
       (g) Monitoring of Eligible Entities.--Section 678B of the 
     Community Services Block Grant Act (42 U.S.C. 9914) is 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1) by inserting 
     ``and the locally determined performance goals described in 
     section 678E(b)(1)'' after ``a State''; and
       (B) in paragraph (3)--
       (i) by inserting ``appropriate'' before ``goals''; and
       (ii) by striking ``established by the State''; and
       (2) in the last sentence of subsection (c) by striking 
     ``Chairperson of the Committee on Education'' and all that 
     follows through ``Human Resources of the Senate'' and 
     inserting ``appropriate congressional committees''.
       (h) Corrective Action; Termination and Reduction of 
     Funding.--Section 678C(a) of the Community Services Block 
     Grant Act (42 U.S.C. 9915(a)) is amended in the matter 
     preceding paragraph (1) by striking ``established by the 
     State''.
       (i) Accountability and Reporting Requirements.--Section 
     678E of the Community Services Block Grant Act (42 U.S.C. 
     9917) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A) by striking ``By October 1, 2001, 
     each'' and inserting ``Each''; and
       (B) in paragraph (2)--
       (i) in the 1st sentence by inserting ``including any 
     activities under section 678C'' before the period at the end;
       (ii) by striking the 2d sentence;
       (iii) in the 3d sentence by striking ``also''; and
       (iv) in the 3d sentence by inserting ``information on the 
     timeliness of the distribution of block grant funds to 
     eligible entities as provided in section 675C(a),'' after 
     ``including'';
       (2) in subsection (b)--
       (A) in paragraph (2) in the matter preceding subparagraph 
     (A) by striking ``beginning after September 30, 1999'';
       (B) in paragraph (3) by striking ``Committee on Education'' 
     and all that follows through ``Human Resources of the 
     Senate'' and inserting ``appropriate congressional 
     committees'';
       (C) by adding at the end the following:
       ``(5) Coordination of reporting requirements.--To the 
     maximum extent possible, the Secretary shall coordinate 
     reporting requirements for all programs of the Department of 
     Health and Human Services managed by eligible entities so as 
     to consolidate and reduce the number of reports required 
     about individuals, families, and uses of grant funds.''; and
       (D) by redesignating such subsection as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Local Accountability and Reporting Requirements.--
       ``(1) Locally determined goals.--In order to be designated 
     as an eligible entity and to receive a grant under this 
     subtitle, an eligible entity shall establish locally 
     determined goals for reducing poverty in the community, 
     including goals for--
       ``(A) leveraging and mobilizing community resources;
       ``(B) fostering coordination of Federal, State, local, 
     private, and other assistance; and
       ``(C) promoting community involvement.
       ``(2) Demonstration that goals were met.--In order for an 
     eligible entity to receive a second or subsequent grant made 
     under this subtitle after the effective date of this 
     paragraph, such entity shall demonstrate to the State that it 
     has met the goals described in paragraph (1).''.
       (j) Treatment of Beneficiaries.--Section 679 of the 
     Community Services Block Grant Act (42 U.S.C. 9920) is 
     amended by adding at the end the following:
       ``(f) Treatment of Beneficiaries.--In providing assistance 
     under a program described in subsection (a), a religious 
     organization shall not discriminate against a beneficiary, or 
     a potential beneficiary, of such assistance on the basis of 
     religion or of a religious belief.''.
       (k) Discretionary Authority of Secretary.--Section 680 of 
     the Community Services Block Grant Act (42 U.S.C. 9921) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A) by inserting ``(including financial 
     assistance for construction or substantial rehabilitation of 
     buildings and facilities, and for loans or investments in 
     private business enterprises owned by community development 
     corporations)'' after ``assistance'';
       (ii) by redesignating subparagraphs (B), (C), (D), and (E) 
     as subparagraphs (D), (E), (F), and (G), respectively; and
       (iii) by inserting after subparagraph (A) the following:
       ``(B) Federal interest.--The Secretary shall establish 
     procedures that permit funds provided under a grant made 
     under this paragraph, or intangible assets acquired with such 
     funds, to become the sole property of the grantee before the 
     expiration of the 12-year period beginning after the fiscal 
     year for which such grant is made if such grantee agrees to 
     use such funds or

[[Page 1048]]

     such property for purposes and uses consistent with the 
     purposes and uses for which such grant is made.
       ``(C) Replacement activities.--The Secretary shall 
     establish procedures to allow a grant made under this 
     paragraph to be used by a grantee to carry out activities 
     substantially similar to the activities for which such grant 
     is made if, due to no fault of such grantee, such grantee 
     cannot carry out the activities for which such grant is made. 
     Such procedures shall require that the substantially similar 
     activities serve the same impact area and have the same 
     goals, objectives, and outcomes as the activities for which 
     such grant is made.'';
       (B) in paragraph (3)(B) by inserting ``water and 
     wastewater'' after ``community''; and
       (C) in paragraph (4) by striking ``neighborhood-based'' and 
     inserting ``community-based''; and
       (2) in subsection (c) by striking ``Chairperson of the 
     Committee on Education'' and all that follows through ``Human 
     Resources of the Senate'' and inserting ``appropriate 
     congressional committees''.
       (l) Community Food and Nutrition Programs.--Section 681 of 
     the Community Services Block Grant Act (42 U.S.C. 9922) is 
     amended--
       (1) in subsection (c) in the matter preceding paragraph (1) 
     by striking ``Committee on Education'' and all that follows 
     through ``Human Resources of the Senate'' and inserting 
     ``appropriate congressional committees''; and
       (2) in subsection (d) by striking ``1999 through 2003'' and 
     inserting ``2004 through 2009''.
       (m) National or Regional Programs Designed To Provide 
     Instructional Activities for Low-Income Youth.--Section 682 
     of the Community Services Block Grant Act (42 U.S.C. 9923) is 
     amended--
       (1) in subsection (b)(5)--
       (A) by inserting ``(which may be accomplished through 
     mentoring)'' after ``youth''; and
       (B) by inserting ``to improve academic achievement'' after 
     ``study practices''; and
       (2) in subsection (g) by striking ``1999 through 2003'' and 
     inserting ``2004 through 2009''.

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the 1st day of the 1st fiscal year beginning after 
     the date of the enactment of this Act.

  The CHAIRMAN. No amendment to that amendment shall be in order except 
those printed in the designated place in the Congressional Record and 
pro forma amendments for the purpose of debate. Amendments printed in 
the Record may be offered only by the Member who caused it to be 
printed or his designee and shall be considered read.
  Are there any amendments to the bill?


  Amendment No. 4 in the Nature of a Substitute Offered by Ms. Woolsey

  Ms. WOOLSEY. Mr. Chairman, I offer an amendment in the nature of a 
substitute.
  The CHAIRMAN. The Clerk will designate the amendment in the nature of 
a substitute.
  The text of the amendment in the nature of a substitute is as 
follows:

       Amendment No. 4 in the nature of a substitute offered by 
     Ms. Woolsey:
       Strike all after the enacting clause and insert the 
     following:
       

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving the Community 
     Services Block Grant Act of 2003''.

     SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT AMENDMENTS.

       (a) Purposes and Goals.--Section 672 of the Community 
     Services Block Grant Act (42 U.S.C. 9901 note) is amended to 
     read as follows:

     ``SEC. 672 PURPOSES AND GOALS.

       ``The purpose of this subtitle is to reduce poverty--
       ``(1) by strengthening and coordinating local efforts to 
     expand opportunities for individuals and families to become 
     economically self-sufficient and to improve and revitalize 
     low-income communities in urban and rural areas, by providing 
     resources to States for support of local eligible entities, 
     including community action agencies and other community-based 
     organizations--
       ``(A) to plan, coordinate, and mobilize a broad range of 
     Federal, State, local, and private assistance or investment 
     in such a manner as to use these resources effectively to 
     reduce poverty and in initiatives that are responsive to 
     specific local needs and conditions;
       ``(B) to coordinate a range of services that meet the needs 
     of low-income families and individuals, that support strong 
     and healthy families, and that assist them in developing the 
     skills needed to become self sustaining while ensuring that 
     these services are provided effectively and efficiently; and
       ``(C) to design and implement comprehensive approaches to 
     assist eligible individuals in gaining employment and 
     achieving economic self-sufficiency;
       ``(2) by improving and revitalizing the low-income 
     communities in urban and rural areas by providing resources 
     to States for support of local eligible entities and their 
     partners--
       ``(A) to broaden the resource base of initiatives and 
     projects directed to the elimination of poverty and the 
     redevelopment of the low-income community, including 
     partnerships with nongovernmental and governmental 
     institutions to develop the community assets and services 
     that reduce poverty, such as--
       ``(i) other private, religious, charitable, and community-
     based organizations;
       ``(ii) individual citizens, and business, labor, and 
     professional groups, that are able to influence the quantity 
     and quality of opportunities and services for the poor; and
       ``(iii) local government leadership; and
       ``(B) to coordinate community-wide resources and services 
     that will have a significant, measurable impact on the causes 
     of poverty in the community and that will help families and 
     individuals to achieve economic self-sufficiency and to test 
     innovative, community-based approaches to attacking the 
     causes and effects of poverty and of community breakdown, 
     including--
       ``(i) innovative initiatives to prevent and reverse loss of 
     investment, jobs, public services, and infrastructure in low- 
     and moderate-income communities; and
       ``(ii) innovative partnerships to leverage the assets and 
     services that reduce poverty, as provided in subparagraph 
     (A); and
       ``(3) by ensuring maximum participation of residents of 
     low-income communities and of members of the groups served by 
     grants made under this subtitle in guiding the eligible 
     entities and in their programs funded under this subtitle, to 
     ameliorate the particular problems and needs of low-income 
     residents and to develop the permanent social and economic 
     assets of the low-income community in order to reduce the 
     incidence of poverty.''.
       (b) Definitions.--Section 673(1)(A) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(1)(A)) is amended--
       (1) in clause (i) by striking ``and'' at the end;
       (2) in clause (ii) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iii) that successfully develops and meets the locally 
     determined goals described in section 678E(b)(1), as 
     determined by the State, and meets State goals, standards, 
     and performance requirements as provided for in section 
     678B(a).''.
       (c) Authorization of Appropriations.--Section 674 of the 
     Community Services Block Grant Act (42 U.S.C. 9903) is 
     amended--
       (1) in subsection (a) by striking ``1999 through 2003'' and 
     inserting ``2004 through 2009''; and
       (2) in subsection (b)(2)--
       (A) by striking ``678F'' and inserting ``678E to assist 
     States, eligible entities, and their partners in projects 
     supported by this subtitle''; and
       (B) in subparagraph (B) by striking ``monitoring (to 
     correct programmatic deficiencies of eligible entities)'' and 
     inserting ``monitoring (including technical assistance and 
     training to correct programmatic deficiencies of eligible 
     entities)''.
       (d) Uses of Funds.--Section 675C of the Community Services 
     Block Grant Act (42 U.S.C. 9907) is amended--
       (1) in subsection (a)(3)(A) by striking ``Beginning on 
     October 1, 2000, a'' and inserting ``A''; and
       (2) in subsection (b)(1)(F) by striking ``neighborhood-
     based'' and inserting ``community-based''.
       (e) Application and Plan.--Section 676 of the Community 
     Services Block Grant Act (42 U.S.C. 9908) is amended--
       (1) in subsection (b)--
       (A) by striking ``Beginning with fiscal year 2000, to'' and 
     inserting ``To'';
       (B) in paragraph (1)--
       (i) in subparagraph (B)--

       (I) by striking ``youth development programs that support'' 
     and inserting ``youth development programs, which may include 
     mentoring programs, that support''; and
       (II) by striking ``and'' at the end;

       (ii) in subparagraph (C) by adding ``and'' at the end; and
       (iii) by adding at the end the following:
       ``(D) initiatives to improve economic conditions and 
     mobilize new resources in rural areas to eliminate obstacles 
     to the self-sufficiency of families and individuals in rural 
     communities;'';
       (C) in paragraph (2) by striking ``community and 
     neighborhood-based'' and inserting ``community-based'';
       (D) in paragraph (3)--
       (1) in the matter preceding subparagraph (A) by striking 
     ``information provided by eligible entities in the State, 
     containing'' and inserting ``an assurance that the State will 
     provide information, including''; and
       (ii) in subparagraph (D) by striking ``community and 
     neighborhood-based'' and inserting ``community-based'';
       (E) in paragraph (9) by striking ``and community 
     organizations'' and inserting ``and community-based 
     organizations'';
       (F) in paragraph (10) by striking ``community 
     organization'' and inserting ``community-based 
     organization'';
       (G) in paragraph (12) by striking ``and'' at the end;
       (H) by redesignating paragraph (13) as paragraph (15); and

[[Page 1049]]

       (I) by inserting after paragraph (12) the following:
       ``(13) an assurance that the State will take swift action 
     to improve performance or, when appropriate, to terminate the 
     funding under this subtitle of low-performing eligible 
     entities that do not meet the applicable locally determined 
     goals described in section 678E(b)(1) or do not meet the 
     State goals, standards, and requirements as provided for in 
     section 678B(a);
       ``(14) an assurance that the State will provide a 
     justification to the Secretary if it continues to fund 
     persistently low-performing eligible entities; and'';
       (2) in subsection (c)(2) by striking ``plan, or'' and all 
     that follows through the period at the end, and inserting 
     ``plan, to meet a State requirement, as described in section 
     678C(a), or to meet the locally determined goals as described 
     in section 678E(b)(1).''; and
       (3) by striking subsection (f).
       (f) Training, Technical Assistance, and Other Activities.--
     Section 678A(a)(1)(A) of the Community Services Block Grant 
     Act (42 U.S.C. 9913(a)(1)(A)) is amended--
       (1) by inserting ``dissemination regarding best 
     practices,'' after ``technical assistance,''; and
       (2) by inserting ``(including to assist in the development 
     of reporting systems and electronic data systems)'' after 
     ``collection activities''.
       (g) Monitoring of Eligible Entities.--Section 678B of the 
     Community Services Block Grant Act (42 U.S.C. 9914) is 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1) by inserting 
     ``and the locally determined performance goals described in 
     section 678E(b)(1)'' after ``a State''; and
       (B) in paragraph (3)--
       (i) by inserting ``appropriate'' before ``goals''; and
       (ii) by striking ``established by the State''; and
       (2) in the last sentence of subsection (c) by striking 
     ``Chairperson of the Committee on Education'' and all that 
     follows through ``Human Resources of the Senate'' and 
     inserting ``appropriate congressional committees''.
       (h) Corrective Action; Termination and Reduction of 
     Funding.--Section 678C(a) of the Community Services Block 
     Grant Act (42 U.S.C. 9915(a)) is amended in the matter 
     preceding paragraph (1) by striking ``established by the 
     State''.
       (i) Accountability and Reporting Requirements.--Section 
     678E of the Community Services Block Grant Act (42 U.S.C. 
     9917) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A) by striking ``By October 1, 2001, 
     each'' and inserting ``Each''; and
       (B) in paragraph (2)--
       (i) in the 1st sentence by inserting ``including any 
     activities under section 678C'' before the period at the end;
       (ii) by striking the 2d sentence;
       (iii) in the 3d sentence by striking ``also''; and
       (iv) in the 3d sentence by inserting ``information on the 
     timeliness of the distribution of block grant funds to 
     eligible entities as provided in section 675C(a),'' after 
     ``including'';
       (2) in subsection (b)--
       (A) in paragraph (2) in the matter preceding subparagraph 
     (A) by striking ``beginning after September 30, 1999'';
       (B) in paragraph (3) by striking ``Committee on Education'' 
     and all that follows through ``Human Resources of the 
     Senate'' and inserting ``appropriate congressional 
     committees'';
       (C) by adding at the end the following:
       ``(5) Coordination of reporting requirements.--To the 
     maximum extent possible, the Secretary shall coordinate 
     reporting requirements for all programs of the Department of 
     Health and Human Services managed by eligible entities so as 
     to consolidate and reduce the number of reports required 
     about individuals, families, and uses of grant funds.''; and
       (D) by redesignating such subsection as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Local Accountability and Reporting Requirements.--
       ``(1) Locally determined goals.--In order to be designated 
     as an eligible entity and to receive a grant under this 
     subtitle, an eligible entity shall establish locally 
     determined goals for reducing poverty in the community, 
     including goals for--
       ``(A) leveraging and mobilizing community resources;
       ``(B) fostering coordination of Federal, State, local, 
     private, and other assistance; and
       ``(C) promoting community involvement.
       ``(2) Demonstration that goals were met.--In order for an 
     eligible entity to receive a second or subsequent grant made 
     under this subtitle after the effective date of this 
     paragraph, such entity shall demonstrate to the State that it 
     has met the goals described in paragraph (1).''.
       (j) Nondiscrimination.--Section 678F(c)(1) of the Community 
     Services Block Grant Act (42 U.S.C. 9918(c)(1)) is amended by 
     inserting ``religion,'' after ``color,''.
       (k) Treatment of Beneficiaries.--Section 679 of the 
     Community Services Block Grant Act (42 U.S.C. 9920) is 
     amended to read as follows:

     ``SEC. 679. OPERATIONAL RULE.

       ``(a) Religious Organizations Included as Nongovernmental 
     Providers.--For any program carried out by the Federal 
     Government, or by a State or local government under this 
     subtitle, the government shall consider, on the same basis as 
     other nongovernmental organizations, religious organizations 
     to provide the assistance under the program, so long as the 
     program is implemented in a manner consistent with the 
     Establishment Clause of the first amendment to the 
     Constitution. Neither the Federal Government nor a State or 
     local government receiving funds under this subtitle shall 
     discriminate against an organization that provides assistance 
     under, or applies to provide assistance under, this subtitle, 
     on the basis that the organization has a religious character.
       ``(b) Religious Character and Independence.--
       ``(1) In general.--A religious organization that provides 
     assistance under a program described in subsection (a) shall 
     retain its religious character and control over the 
     definition, development, practice, and expression of its 
     religious beliefs.
       ``(2) Additional safeguards.--Neither the Federal 
     Government nor a State or local government shall require a 
     religious organization--
       ``(A) to alter its form of internal governance, except (for 
     purposes of administration of the community services block 
     grant program) as provided in section 676B; or
       ``(B) to remove religious art, icons, scripture, or other 
     symbols;

     in order to be eligible to provide assistance under a program 
     described in subsection (a).
       ``(c) Limitations on Use of Funds for Certain Purposes.--No 
     funds provided directly to a religious organization to 
     provide assistance under any program described in subsection 
     (a) shall be expended for sectarian worship, instruction, or 
     proselytization.
       ``(d) Fiscal Accountability.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     religious organization providing assistance under any program 
     described in subsection (a) shall be subject to the same 
     regulations as other nongovernmental organizations to account 
     in accord with generally accepted accounting principles for 
     the use of such funds provided under such program.
       ``(2) Limited audit.--Such organization shall segregate 
     government funds provided under such program into a separate 
     account. Only the government funds shall be subject to audit 
     by the government.
       ``(e) Treatment of Eligible Entities and Other Intermediate 
     Organizations.--If an eligible entity or other organization 
     (referred to in this subsection as an ``intermediate 
     organization''), acting under a contract, or grant or other 
     agreement, with the Federal Government or a State or local 
     government, is given the authority under the contract or 
     agreement to select nongovernmental organizations to provide 
     assistance under the programs described in subsection (a), 
     the intermediate organization shall have the same duties 
     under this section as the government.
       ``(f) Treatment of Beneficiaries.--In providing assistance 
     under a program described in subsection (a), a religious 
     organization shall not discriminate against a beneficiary, or 
     a potential beneficiary, of such assistance on the basis of 
     religion or of a religious belief.
       ``(g) Operational Requirement.--Notwithstanding any other 
     provision of this section, each entity that carries out a 
     program, or provides assistance, under this subtitle shall 
     carry out such program, or shall provide such assistance, in 
     a lawful and secular manner.''.
       (l) Discretionary Authority of Secretary.--Section 680 of 
     the Community Services Block Grant Act (42 U.S.C. 9921) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A) by inserting ``(including financial 
     assistance for construction or substantial rehabilitation of 
     buildings and facilities, and for loans or investments in 
     private business enterprises owned by community development 
     corporations)'' after ``assistance'';
       (ii) by redesignating subparagraphs (B), (C), (D), and (E) 
     as subparagraphs (D), (E), (F), and (G), respectively; and
       (iii) by inserting after subparagraph (A) the following:
       ``(B) Federal interest.--The Secretary shall establish 
     procedures that permit funds provided under a grant made 
     under this paragraph, or intangible assets acquired with such 
     funds, to become the sole property of the grantee before the 
     expiration of the 12-year period beginning after the fiscal 
     year for which such grant is made if such grantee agrees to 
     use such funds or such property for purposes and uses 
     consistent with the purposes and uses for which such grant is 
     made.
       ``(C) Replacement activities.--The Secretary shall 
     establish procedures to allow a grant made under this 
     paragraph to be used by a grantee to carry out activities 
     substantially similar to the activities for which such

[[Page 1050]]

     grant is made if, due to no fault of such grantee, such 
     grantee cannot carry out the activities for which such grant 
     is made. Such procedures shall require that the substantially 
     similar activities serve the same impact area and have the 
     same goals, objectives, and outcomes as the activities for 
     which such grant is made.'';
       (B) in paragraph (3)(B) by inserting ``water and 
     wastewater'' after ``community''; and
       (C) in paragraph (4) by striking ``neighborhood-based'' and 
     inserting ``community-based''; and
       (2) in subsection (c) by striking ``Chairperson of the 
     Committee on Education'' and all that follows through ``Human 
     Resources of the Senate'' and inserting ``appropriate 
     congressional committees''.
       (m) Community Food and Nutrition Programs.--Section 681 of 
     the Community Services Block Grant Act (42 U.S.C. 9922) is 
     amended--
       (1) in subsection (c) in the matter preceding paragraph (1) 
     by striking ``Committee on Education'' and all that follows 
     through ``Human Resources of the Senate'' and inserting 
     ``appropriate congressional committees''; and
       (2) in subsection (d) by striking ``1999 through 2003'' and 
     inserting ``2004 through 2009''.
       (n) National or Regional Programs Designed To Provide 
     Instructional Activities for Low-Income Youth.--Section 682 
     of the Community Services Block Grant Act (42 U.S.C. 9923) is 
     amended--
       (1) in subsection (b)(5)--
       (A) by inserting ``(which may be accomplished through 
     mentoring)'' after ``youth''; and
       (B) by inserting ``to improve academic achievement'' after 
     ``study practices''; and
       (2) in subsection (g) by striking ``1999 through 2003'' and 
     inserting ``2004 through 2009''.

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the 1st day of the 1st fiscal year beginning after 
     the date of the enactment of this Act.

  Ms. WOOLSEY. Mr. Chairman, the Woolsey-Miller-Payne-Andrews-Van 
Hollen-Frank-Scott-Nadler amendment is a Democratic substitute to H.R. 
3030. This Democratic substitute is word for word the same as H.R. 3030 
except for one big difference: the Democratic substitute prohibits 
religious discrimination with Federal CSBG funds.
  It does this by making just three changes to the underlying bill. 
First, the Democratic substitute adds the word ``religion'' to the list 
of protected groups that cannot be discriminated against with CSBG 
funds. This list now prohibits discrimination on the basis of race, 
color, national origin, or sex. We want to add religion to that.
  Second, the substitute does not include the title VII exemption to 
the Civil Rights Act, which is in current CSBG law, permitting faith-
based organizations to discriminate based on religion when hiring with 
Federal funds. In other words, Mr. Chairman, religious discrimination 
is not allowed when using Federal funds.
  Finally, the substitute adds a provision to clarify that while 
religious organizations are welcome and able to participate in CSBG, 
they must conduct their activities in a lawful and secular manner when 
using Federal funds. This language is taken directly from Chief Justice 
Rehnquist's majority opinion in the Supreme Court case of Bowen v. 
Kendrick, the case which sets the constitutional requirements for 
religious organizations that provide government services.
  Faith-based organizations have a long and successful history of 
participating in CSBG programs, and we want that participation to 
continue. We celebrate their contribution. We want faith-based 
organizations to participate in the same lawful and secular manner as 
they did prior to the 1998 reauthorization, an authorization that 
occurred in the middle of the night that allowed faith-based 
organizations to discriminate when hiring staff with Federal funds. 
That change was made by tucking a significant anti-civil rights 
provision into an otherwise sound conference report that was based on a 
voice vote in the middle of the night on the House floor; and, of 
course, it passed.
  With this Democratic substitute, Members have the opportunity to 
actually vote in the clear light of day on whether or not they want 
organizations to be able to use Federal funds to further religious 
discrimination.
  Mr. Chairman, a vote for the Democratic substitute is a vote for 
community service block grants. The Democratic substitute funds local 
community action agencies which sponsor so many important programs that 
address the needs of low-income families in our communities. Strong 
community action agencies make for strong families, strong communities, 
and a stronger Nation.
  The Democratic substitute gives Members the opportunity to take a 
clean vote for CSBG, without voting for religious discrimination, and I 
urge my colleagues to please support it.
  Mr. FRANK of Massachusetts. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, this is one of the most important issues we are going 
to deal with. The question is whether or not organizations receiving 
taxpayer dollars paid for by every taxpayer in this country for secular 
purposes, nonreligious purposes, will be allowed to use those taxpayer 
dollars to discriminate against people based on their religion. There 
are arguments about what the history is or is not and the current 
status is or is not. They are on both sides of the case.
  Let us deal with the merits. Why should people in this country who 
pay their taxes be told that they are not eligible because of their 
religion for a job which is paid for by their taxes? Of course, 
religions have a right to hire their own co-religionists in religious 
matters, but let us understand. If you are talking about the 
propagation of religion, a very important function, under the 
Constitution's establishment clause that cannot be done with public 
money. By definition you can only use public money for secular 
purposes. No one denies that.
  The question then is, if you get the money for secular purposes, why 
should you be able to tell people that they cannot work for you if you 
do not like their religion? It is not just religion in the more formal 
sense. It is religion as the recipient defines it. If you believe that 
no one who believes in evolution can be a true Christian, then you 
will, under the law, without the Woolsey amendment, be allowed to deny 
people who believe in evolution the right to work in a soup kitchen.
  If there were a nexus in the job, yes. If you were asking people to 
teach creationism, then you could ban people who believe in evolution, 
but a janitor, an architect, a contractor? The notion, by the way, that 
we have to do this to allow faith-based groups to work is unfair to 
faith-based groups. I do not think they need to be discriminatory.
  We are not again talking about telling them they cannot hire people 
for religious purposes. What is it about people of another religion 
that is so distasteful that it is somehow wrong to ask people to 
associate with them? Are we saying that people cannot administer good 
works, that they have to associate with Jews if they are Christians, 
with Catholics if they are Baptist, with Muslims if they are 
Episcopalians? Of course, it is the case that in America what Martin 
Luther King said years ago is still true, the hour of worship is a 
pretty segregated one. Tell Orthodox Jews in Brooklyn that they may 
hire only their own and how many African Americans will be hired? Tell 
Mormons in Utah that they may only hire their own and how many 
Americans are hired? Tell the African Methodist Episcopal church or 
tell the Nation of Islam that they may hire only their own co-
religionists, and how many white people or Hispanics get hired?
  We need not empower discrimination. In fact, I have worked myself, as 
many others have, with the archdiocese of Boston, which has a wonderful 
housing program with combined Jewish philanthropy's housing program. 
The notion that religious charities cannot do their work unless they 
are allowed to discriminate against people not of their religion as 
they define it is factually wrong.
  So that is the question here. I would have thought that the lesson of 
the last few years is that there is too much religious separatism, too 
much divisiveness, too much us against them in religion. Yes, let us 
encourage religious groups to be fully participant in good works, but 
let us not write into the law of the United States the principle that

[[Page 1051]]

having simply to work with someone of another religion in entirely 
nonreligious matters, secular matters, is somehow so corrosive to your 
morale, so corrosive to your ability to function that you ought to be 
allowed to say to people, yes, pay taxes for this. We will take 
billions of dollars of tax money paid by everybody, and you Jews, you 
Christians, cannot apply.
  Let me say, I was recently shown something that I am told comes from 
the Focus on the Family Web site, and if this is an error I will 
apologize. I hope I will be corrected. I hope it is an error. What I am 
told it said was, if this amendment passes, Christian charities 
interested in accepting Federal funds will be required to ignore 
religious conviction in hiring, even if potential employees practice 
Islam, Judaism, or no religion at all.
  Yes, I think under the American Constitution and our principles, 
people who practice Islam, Judaism, or no religion at all ought not to 
be taxed and told that they are not eligible to do the work for which 
they are wholly qualified except that people do not like their 
particular religion. I hope the amendment passes.
  Mr. BOEHNER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, we are debating the substitute offered by the 
gentlewoman from California (Ms. Woolsey), our good friend and 
committee member; and the only difference between the substitute and 
the underlying bill is the issue of whether faith-based providers can 
continue to maintain their title VII exemption under the 1964 Civil 
Rights Act.
  The gentleman from Massachusetts made a case for the fact that we 
should not continue to allow this to occur. The fact is that the 
Congress in 1964, and as amended in 1965, went out of its way to say 
that religious organizations, when it comes to their hiring, can, in 
fact, make a decision and use religion as a basis of hiring. That is 
the law; and for our colleagues who disagree with that, as I said 
before, let them take this case to the Committee on the Judiciary. Let 
us go amend the 1964 Civil Rights Act, but it is not the issue here.
  Secondly, I would point out that these faith-based organizations in 
many cases are very effective organizations, helping needy people who 
need our help, and they do tremendous work; and in many cases, these 
organizations, faith-based community organizations, hire people who 
have multiple jobs.
  My concern with the language that is being offered in the substitute 
is that it will, in fact, have a very chilling effect on these faith-
based organizations when it comes to their willingness to participate 
in Federal programs to help meet their mission and our mission of 
helping poor people that are in crisis.
  These organizations have been doing this work for a long time. Many 
of them have participated in Federal programs where they were 
protected, like the program we have before us. The Community Service 
Block Grant program going back to 1998 has the same language in it that 
the bill has in it today. I have not heard one complaint from anywhere 
in the country that because they are allowed to have their 1964 civil 
rights protections that they have discriminated against anyone.
  The fact is that these organizations do very good work in our 
communities. We ought to allow them to participate, as we have.

                              {time}  1345

  And it is not just this program. There are at least a half dozen 
other programs, including the 1996 Welfare Act, that allows faith-based 
organizations to provide these services while maintaining their 
protections under the 1964 Civil Rights Act.
  So all we are asking in the underlying bill is to maintain the 
current law and continue to allow these organizations, who are doing 
great work, to keep doing what they are doing. I think that is a 
reasonable assumption, and I believe that most Americans would support 
what we are trying to do with the underlying bill.
  Ms. McCOLLUM. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I stand today to support the Woolsey amendment because, 
you see, the underlying bill provides more than $635 million to 
communities throughout this country to combat poverty, improve the 
lives of people who are homeless, hungry, jobless, and all too often 
hopeless. These funds distributed through Community Service Block 
Grants put valuable resources into all of our communities to combat 
poverty, and I support the general goals of the underlying bill and the 
program it funds.
  But it is not the funding alone that meets the needs of the 
homebound, the drug addicted, the destitute, and the hopeless. It is 
the tens of thousands of determined men and women who work as health 
outreach workers in shelters, as social service workers, in treatment 
centers, as counselors, and throughout our community to meet the needs 
of others. I admire the service and the selflessness of these men and 
women who live compassion every day they go to work, and not as a 
soundbite on a campaign trail.
  Today, I rise on behalf of the STD and HIV clinic, the foster care 
social worker, the midnight-to-6-a.m. attendant at a group home, to 
oppose this bill because it uses their tax dollars and mine to fund 
religious organizations that can hire them and then fire them based on 
their religion or how they pray. This bill promotes State-sponsored 
religious intolerance in employment and it should be defeated, and that 
is why I support the Woolsey amendment.
  Our country was founded on the principle of freedom of religion, and 
our tax dollars never should be used to enable religious discrimination 
in hiring. The Bush administration is continuing this disturbing trend 
of taking social service funding from successful, experienced 
organizations and redistributing to faith-based organizations that are 
permitted to use religion in hiring.
  How can Congress enable and fund religious organizations to use a 
person's faith or religious orthodoxy to determine if a candidate is 
qualified to deliver social services or to mop a floor or to cook soup 
in a soup kitchen or to teach in a Head Start center? This is wrong. 
Separation of church and State is not an opt-in or opt-out provision of 
our Constitution. Using tax dollars to promote discrimination on the 
basis of religion is just plain, in my opinion, un-American.
  I was disturbed by an article in Monday's New York Times describing 
the Salvation Army's new hiring practices for employees who deliver 
social services with taxpayers' money that take advantage of the Bush 
administration's faith-based agenda. The New York division's second-in-
command of the Salvation Army is quoted as saying, ``Do we require our 
employees to believe in Jesus Christ and administer the doctrines and 
tenets of the Salvation Army? Not unless we hire them for a specific 
ministry.'' And then he clarified. ``Everything we do is related to our 
ministry and, in fact, is our ministry. The mission of the Salvation 
Army,'' which is listed on job postings and calls on new hires to 
``preach the gospel of Jesus Christ and to meet human needs in his 
name.''
  Mr. Chairman, I respect any American's freedom to pray, and I pray 
myself. I worship and I believe in God, and I believe every American 
should be able to worship in the way that they choose. But this 
congressionally funded and sanctioned discrimination based on religion 
is an abomination and debases our Constitution.
  I call on all Members of Congress who respect religious freedom and 
believe in the constitutional separation of church and State to vote 
against this dangerous extremist bill and to support the Woolsey 
amendment.
  Mr. Chairman, I include for the Record the full text of the New York 
Times article I referred to earlier from February 2.

                [From the New York Times, Feb. 2, 2004]

              Charity Reopens Bible, and Questions Follow

                          (By Daniel J. Wakin)

       The Salvation Army of Greater New York, long known for its 
     network of thrift shops and shelters, has begun an effort to 
     reassert its evangelical roots, stressing to lay employees 
     that the Army's core mission is not

[[Page 1052]]

     just social services, but also spreading the gospel.
       The New York division's new leaders have ordered that job 
     descriptions now state the mission clearly. they have 
     reminded employees who deal with children that they must fill 
     out a form promising to follow the Army's religious mission 
     in working with them. The form also asks those employees to 
     describe their church affiliations.
       ``Periodically, we have to kind of reclaim the 
     ecclesiastical turf, if you will,'' said Col. Paul M. Kelly, 
     a former New York division commander who was brought in as a 
     consultant last year to assess its operations.
       The effort has stirred a mini-rebellion among some longtime 
     employees who resent what they see as an intrusion on their 
     privacy and the potential for religious discrimination. Such 
     demands for religious loyalty, they say, breach the wall 
     between church and state because the division accepts $70 
     million in state and city funds for its programs.
       ``We've been told that things are changing, that they've 
     come to whip us into shape, and they want us to become more 
     like the Army,'' said one social worker in a Salvation Army 
     foster care program who wanted to remain anonymous for fear 
     of retaliation. ``Everyone's really freaked out.'' Robert 
     Gutheil, a former official with an Army social service 
     program, said the New York division was considered an anomaly 
     within the national Army for the lack of emphasis of religion 
     in its programs.
       One high-ranking administrator, in a complaint to the Equal 
     Employment Opportunity Commission, said a Salvation Army 
     official said during a meeting that any staff member who 
     refused to sign revised job descriptions proclaiming the 
     church's mission would be fired. And a former human resources 
     executive said a Salvation Army official asked about 
     religious affiliations of people who worked for her and 
     whether several of them were gay.
       Catholic Charities, the UJA-Federation of New York and the 
     Evangelical Lutheran Church's local synod all said they do 
     not require social service employees to reveal religious 
     affiliations or commit themselves to a religious mission.
       The Salvation Army's New York division leaders would not 
     comment on the specific charges, but denied that their 
     policies are new or even out of the ordinary for a religious 
     institution. Officials acknowledged, however, that they had 
     begun efforts to reinforce the organization's religious 
     identity among employees as part of a general effort to tell 
     the world about the group's mission.
       The Army's charitable role was in full focus last week when 
     the national headquarters announced it had received a bequest 
     of $1.5 billion to build and endow 25 or 30 community centers 
     around the country, each of which will contain a place of 
     worship. The bequest came from Joan B. Kroc, the wife of the 
     McDonald's chain founder, who died in October.
        Local Army officials said it was far too early to say how 
     the money would affect operations, but national officials 
     have said the centers will be used for educational and 
     spiritual purposes, not for social services.
        Best known for the thrift shops and red kettles that help 
     support its network for services for the poor and homeless, 
     the Salvation Army is first and foremost a worldwide 
     evangelical church, according to the New York division's 
     second in command, Maj. Guy D. Klemanski.
        ``Everything that we do is related to our ministry, and is 
     in fact our ministry,'' he said in an interview. ``Do we 
     require our employees to believe in Jesus Christ and 
     administer the doctrines and tenets of the Salvation Army? 
     Not unless we hire them for a specific ministry.''
        The tension between the social and spiritual sides of the 
     Army on display in New York have occurred in Salvation Army 
     divisions elsewhere in the nation, officials said. Major 
     Klemanski said the questionnaire asking about church 
     affiliation has been in effect nationwide since 1993, 
     although it was not always adhered to in the New York 
     division and was re-emphasized last fall. The church 
     questions were to help with background checks, he said, 
     adding that many people in the New York division did not seem 
     to be aware of the mission.
        Major Klemanski said it was only natural that the 
     Salvation Army expects general support from its employees for 
     its mission.
        ``Why would you go to McDonald's and tell everybody to go 
     to Burger King?'' he asked. ``Why would any one want to go to 
     work for the Salvation Army if they are not supportive of 
     us?''
        The major said he and the New York commander, Lt. Col. 
     Nestor Nuesch, arrived in their posts in July with a desire 
     to remind employees and the public of the Army's religious 
     functions. They would have done the same anywhere, he said. 
     ``It's fresh leadership.''
        Their arrival came on the heels of a reorganization plan 
     by Col. Kelly that was circulated last spring. In it, Col. 
     Kelly urged that more Salvation Army members be recruited for 
     jobs. ``The Army's `Christian perspective' is rarely 
     emphasized,'' he said.
        The church and its program are happily growing, he said, 
     ``but what appears to be happening is a widening gap between 
     the ecclesiastical Salvation Army and the social service 
     component.''
        He praised a human resources executive for ordering a 
     Muslim employee to remove ``various Muslim artifacts'' from 
     one center. His report also questioned whether it was a good 
     idea to have hired a human resources director for the Army's 
     adult services agency ``who represents and Eastern 
     religion,'' apparently Buddhism or Hinduism.
        The clash between the group's religious and social service 
     missions goes to the heart of President Bush's effort to make 
     it easier for churches to obtain Federal money for so-called 
     faith-based social programs, a debate in which the Salvation 
     Army has been central.
        The group has lobbied the White House to allow exemptions 
     from gay discrimination laws, and in New York, has argued 
     that its hiring policies fall well within the terms of 
     contracts with the city, the city's human rights law and a 
     1980 executive order.
       Opponents sharply disagree. ``It's governmental monies to 
     spread the mission of Christ,'' said Martin Garbus, a First 
     Amendment lawyer who is representing at least a dozen Army 
     employees who are upset by the religious policy and fear 
     retaliation. ``The government shouldn't support Pat 
     Robertson, it shouldn't support the Catholic church, it 
     shouldn't support Jewish synagogues.''
       The New York Civil Liberties Union asked the city and state 
     comptrollers two weeks ago to audit the New York branch, 
     Lawyers for the group say the New York division may be 
     violating city and state contracts prohibiting religious 
     discrimination.
       The city comptroller, William G. Thompson, has passed the 
     complaint on to the New York City Human Rights Commission, 
     and the office of the state comptroller, Alan G. Hevesi, said 
     it was studying the case.
       Lawyers for the employees said a lawsuit could be filed 
     this week.
       ``This is an agency acting on behalf of a government 
     providing government services,'' said Donna Lieberman, the 
     civil liberties union director. ``It cannot be in the 
     business of promoting religion and discriminating against its 
     employees based on religion.''
       Religious institutions are exempt from religious anti-
     discrimination laws, but not for employees working in 
     government-funded programs, the civil liberties union argues. 
     The Bush administration favors allowing religious 
     institutions to consider religion in hiring people who work 
     for their government-funded programs.
       The Army, which operates in 109 countries, was founded in 
     London in the 19th century by a Methodist minister, who 
     patterned its structure and terminology after the military. 
     Adherents undergo training before being ``commissioned,'' or 
     ordained, as ``officers,'' the equivalent of ministers. Army 
     doctrine holds that the Bible is truthful revelation and 
     salvation depends on obedience to Christ.
       Nationwide, the Army has 46,000 employees, a budget of $2.5 
     billion and a reputation for being efficiently administered.
       Some 1,700 employees work in the Greater New York 
     Division's social service agencies, which have a budget of 
     $120 million a year, about 60 percent from government 
     sources, the division said. The agencies operate more than 60 
     group homes, foster care, treatment programs, H.I.V. 
     services, shelters and the like. The New York division, which 
     covers New York City, Long Island and seven counties north of 
     the city, said it touches the lives of 5 million people a 
     year.
       A few supervisors refused to hand out the forms that 
     included questions on church affiliations. Some workers 
     feared losing their jobs if they did not sign. They included 
     Jews, Muslims and Hindus, gays and lesbians, atheists and 
     even a lapsed Salvation Army member, employees said.
       The civil liberties union has also condemned job 
     descriptions calling for applicants to support ``the 
     mission'' of the Salvation Army, which is listed on job 
     postings and calls on new hires to ``preach the Gospel of 
     Jesus Christ and to meet human needs in His Name without 
     discrimination.''
       The associate executive director of the children's agency, 
     Anne Lown, who is Jewish, filed the E.E.O.C. complaint, 
     according to the New York Nonprofit Press, which reported the 
     dispute last month. Ms. Lown, now associate director, would 
     not respond to questions about the complaint.
       Mr. Gutheil, the executive director of the children's 
     division, said in a Sept. 26 memo to his superiors that the 
     church-affiliation form would have an ``enormously chilling 
     effect'' on hiring good applicants. He said it was bound to 
     be challenged in court, bringing bad publicity and hurting 
     donations.
       ``Finally, whatever the legality and whatever the practical 
     implications, this is just plain offensive to many of us who 
     share the Gospel faith of the Salvation Army,'' wrote Mr. 
     Gutheil, an Episcopalian. ``This is a city that thrives on 
     its diversity. Our workplace should reflect that.''
       Within weeks, Mr. Gutheil had left the Army after more than 
     20 years. On Tuesday, he said a confidentiality agreement 
     that was part of a severance agreement prevented him from 
     discussing his departure. But he said the dispute contributed 
     to it.
       ``It was an important stand to take,'' he said. ``I'm sorry 
     I'm not at liberty to say more about it.''


[[Page 1053]]

  Mr. BURNS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, we have had this debate before. We had it in 
subcommittee, we had it in committee, and the same rhetoric is here on 
the floor today. The opposition and the Woolsey amendment would roll 
back time and take us back prior to 1998 and prior to 1964. The 
underlying bill, H.R. 3030, preserves religious freedom and religious 
participation by faith-based organizations in community service.
  Current law makes it clear that when faith-based organizations 
participate in Community Service Block Grants, they can indeed take 
religion into account in their hiring practices. They are not 
discriminating. Current law recognizes that faith-based organizations 
should not be asked to compromise their religious character as a 
condition of using Federal funds to help those who are in need.
  Repealing the 1998 law would needlessly strip faith-based 
organizations of their rights, rights that have been guaranteed to them 
by title VII of the Civil Rights Act of 1964, and this has been upheld 
consistently since then by the courts, most notably by the Supreme 
Court in Bowen v. Kendrick.
  Community Service Block Grants allow faith-based groups to utilize 
Federal funds for secular purposes, feeding and clothing the needy, 
helping those out of work to find jobs, and they do so without 
compromising their essential character. The underlying legislation 
would continue to provide this opportunity for faith-based 
organizations.
  Faith-based organizations have a fundamental right to their religious 
beliefs, Christian, Jewish, or Muslim. The Federal Government, given 
its size and scope, would render their services meaningless if this 
protection was eliminated. We must continue to support the most needy, 
those in our country who have needs of education, of health, of food 
and shelter, and faith-based organizations in the 12th District of 
Georgia are capable of meeting this need.
  I oppose the Woolsey amendment and urge my colleagues to support the 
underlying bill, H.R. 3030.
  Mr. HOLT. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, the Community Services Block Grant is a relatively 
small but important program for more than 1,000 communities and 
millions of families nationwide, but this amendment is critical because 
without it a potentially good bill is rendered un-American and 
unacceptable.
  The CSBG purpose is to alleviate poverty by funding initiatives that 
fight the causes of poverty, such as unemployment, inadequate housing, 
poor nutrition, and lack of educational opportunities. The unifying 
characteristic of CSBG programs is that they provide people and 
communities with the resources and skills they need to become self-
sufficient. It is good legislation.
  Communities in my 12th District of New Jersey, such as Franklin 
Township, Somerset County, Trenton, and North Brunswick use CSBG funds 
to help individuals obtain employment skills, gain access to home 
ownership and health insurance. It is used for new housing facilities, 
economic development, job creation, and public service improvements, 
such as safer streets.
  I am glad to see that this legislation, the Improving Community 
Services Block Grant Act of 2003, as reported, strengthens and improves 
the CSBG program. It enhances accountability at the local, State and 
Federal levels. It gives extra emphasis to CSBG's top priority, 
reducing poverty. I would strongly support the provisions of the 
reported legislation, and I believe that they would help improve the 
quality of services to low-income individuals and families so that 
communities can more effectively move people towards self-sufficiency, 
with the exception that this, as reported, is un-American.
  Because H.R. 3030 fails to remove provisions in law that allow 
discrimination against beneficiaries of services based on religion, and 
permits religious organizations receiving funds to discriminate in 
employment, I must oppose this bill. Now, I agree with the majority 
that these provisions have existed in current law for 5 years, but that 
is not reason for us to continue to condone the continuation of 
discriminatory policies.
  For years, faith-based organizations have helped many Americans, but 
they should not be permitted to turn away qualified individuals from a 
federally funded job because they are Christian or because they are 
Jewish or because they are Muslim or because they have any particular 
faith. It would be wrong to discriminate when hiring. It was wrong, it 
is wrong, to discriminate when hiring, and it should remain wrong to 
discriminate when hiring when using taxpayer dollars for that hiring.
  The social services of CSBG are not inherently religious activities. 
It is appropriate to use taxpayer dollars to conduct these activities. 
Organizations that are faith-based and that are motivated by their 
religious faith can do these things, even using Federal funds. But they 
should not use the taxpayer dollars to discriminate. The work they do 
builds communities. The work funded by CSBG is to build communities. 
Let us not fund practices that tear apart our communities.
  I ask my colleagues to support the Woolsey amendment. And if it does 
not pass, I ask them to oppose the bill.
  Ms. WOOLSEY. Mr. Chairman, will the gentleman yield?
  Mr. HOLT. I yield to the gentlewoman from California.
  Ms. WOOLSEY. Mr. Chairman, I thank the gentleman from New Jersey for 
yielding to me, and I just wish to respond to the gentleman from Ohio 
(Mr. Boehner), because he repeats over and over that by not allowing 
faith-based organizations to discriminate using Federal funds, it would 
have a chilling effect on these organizations. I want to tell him that 
what would have a chilling effect and does have a chilling effect is 
allowing the use of Federal tax dollars based on religious hiring.
  Using Federal tax dollars to discriminate is chilling, and we must 
not let it happen.
  Mr. SOUDER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, it needs to be absolutely clear that this amendment 
would in fact roll back civil rights protections in the United States. 
Religious organizations have long had protections that this amendment 
would roll back. The hiring protections in title VII of the Civil 
Rights Act of 1964, were included in the 1998 Community Services Block 
Grant authorization. And the President at that time, Bill Clinton, 
supported this clause directly for social services block grant because 
he realized that to do so and change anything else regarding this would 
mean that we would be rolling back civil rights protections for faith-
based organizations and churches across the country.
  We have long had these types of debates. And one of the things that 
very much concerns me that those on the other side are doing, as well 
as some on our side are doing, are muddying up what are very clear 
waters. Let us make some things absolutely clear. You cannot 
proselytize, you cannot use public funds under current law, or under 
the bill that this House is considering to proselytize. It might be 
part of the goal of your mission that in providing, say, soup to the 
hungry or shelter to the homeless or helping someone who is dying of 
AIDS, the reason you are doing it may be Christian and you may be a 
Christian mission and talking about and viewing this as a holistic part 
of your mission, but when you are giving the soup, you cannot require a 
prayer. When you are giving shelter, you cannot require somebody to 
have a statement of faith when you are providing those services.

                              {time}  1400

  The question is not whether we are going to fund Bible studies or 
fund prayer or that type of thing. The question is can organizations 
who want to maintain, from their point of view, their organization's 
statement of faith, whether they be orthodox Jews, whether they be 
fundamentalist Christians, whether they be fundamentalist Muslims, do 
they have to change their fundamental mission to hire people who do

[[Page 1054]]

not share that mission in order to provide soup to the hungry. Giving a 
bowl of soup to somebody does not require proselytizing them. They can 
proselytize on their own dime; they can raise money on their own dime.
  The question comes when they are doing those services, does the fact 
that you believe your organization wants to have people of like mind 
working with it and that you hire people of like mind mean you can no 
longer provide soup to the hungry?
  Let me give Members a couple of specific examples. We have been 
having a series of oversight hearings on faith-based initiatives around 
the country, including Chicago, Nashville, San Antonio, Los Angeles, 
and Colorado Springs. We have been having a full debate at each hearing 
where we have had people from Jewish organizations who are more secular 
who do not agree with the position that I am arguing today, and with 
different organizations like Catholic Charities where they set up 
separate foundations where they will hire people who do not necessarily 
share their faith as opposed to directly through the Church. But at 
every hearing, we have heard from organizations who will not be able to 
access Federal funds if they have to change their hiring practices. The 
amendment before us now would not allow the organizations to 
participate in providing soup, if they don't change their hiring 
practices.
  And by coming down constantly to the floor and saying or implying 
that these organizations are proselytize is confusing many religious 
groups around the country. With Federal dollars, they cannot 
proselytize. The Court has clearly ruled that the software on the 
computer cannot be paid by the Federal Government if it has any 
proselytizing in it. But the computer itself does not evangelize. The 
computer itself does not have a religious message. A school bus taking 
kids to a camp does not have a religious message in it. If they are 
going to use the school bus, they cannot put on the side ``Jesus Saves 
You'' if it is paid for with government dimes.
  At the same time, they can be transported to a place that has 
different messages. For example, we allow this with Catholic schools in 
the country. Is the other side of the aisle proposing that Catholic 
schools can no longer receive assistance under IDEA or Title I, that 
Catholic schools can no longer receive assistance in the form of basic 
things to their schools? Of course not. We have done this for years.
  What we cannot do is provide religious instruction materials for 
Catholic schools or other schools. This amendment, if passed, would 
suddenly pull out whole groups of people who view part of their 
mission, and I myself am an evangelical Christian, it is telling people 
like me who want to belong to an organization of evangelical Christians 
who believe part of our mission is to help the poor, that unless we 
bring in people who do not share our mission, we cannot even compete to 
provide assistance to the poor.
  Quite frankly, most of these groups do not want to touch it. What I 
have been able to hear in the different hearings were many people 
coming forth saying they were afraid that the Federal Government is now 
going to reach their long arm into our churches and start telling us 
who to hire and fire, and that is just not acceptable.
  Mr. Chairman, the Woolsey amendment would in effect gut civil rights 
protections for all sorts of religious groups, Muslim, Jewish, 
Catholic, Protestant; and it would be a travesty if we go backwards in 
allowing people from their own hearts to want to help the poor.
  Although this provision appears innocuous, in fact this language is a 
blow that will serve to gut the faith-based provision in the law that 
allows faith-based organizations to retain their religious character 
while providing federally funded social services.
  All beneficiaries and potential beneficiaries are protected from 
discrimination based on religion. At Committee, Chairman Boehner 
offered an amendment that was accepted which codified the regulatory 
provision (45 CFR 1050.3(e)) regarding the treatment of beneficiaries. 
Specifically, the amendment stated that a ``religious organization that 
receives funds under an applicable program, shall not, in providing 
program services or benefits, discriminate against a program 
beneficiary or prospective program beneficiary on the basis of religion 
or a religious belief.''
  Additionally, the CSBG law and regulations both prohibit a faith-
based organization from using CSBG funds for religious activities.
  Section 679(c), states that ``[n]o funds provided directly to a 
religious organization to provide assistance under any program . . .  
shall be expended for sectarian worship, instruction, or 
proselytization.''
  In Section 1050.3(c), the regulations state that a religious 
organization may not ``expend any direct funding under the applicable 
program to support any inherently religious activities, such as 
worship, religious instruction, or proselytization'' (45 CFR 
1050.3(c)).
  Opponents have made the argument that Chief Justice Rehnquist's 
majority opinion in Bowen v. Kendrick requires the addition of this 
language, arguing that it was ``one of the most important reasons'' 
that the Court had found the funding of a faith-based organization 
constitutional was because it ``did not `discriminate' on the basis of 
religion and operated its government-funded services in a secular 
manner.'' However, a careful reading of the opinion reveals neither of 
those points to be valid.
   The excerpt from the opponents about the faith-based organization 
not ``discriminating'' failed to note that in the full quote (copied 
below) the phrase was modified by ``particularly when'' indicating that 
the decision was valid even before getting to that issue--so it was not 
``one of the most important reasons.''
   ``We note in addition that this Court has never held that religious 
institutions are disabled by the First Amendment from participating in 
publicly sponsored social welfare programs. To the contrary, in 
Bradfield, v. Roberts, 175 U.S. 291, 20 S.Ct. 121, 44 L.Ed. 168 (1899), 
the Court upheld an agreement between the Commissioners of the District 
of Columbia and a religiously affiliated hospital whereby the Federal 
Government would pay for the construction of a new building on the 
grounds of the hospital. In effect, the Court refused to hold that the 
mere fact that the hospital was `conducted under the auspices of the 
Roman Catholic Church' was sufficient to alter the purely secular legal 
character of the corporation, id., at 298, 20 S.Ct., at 124, 
particularly in the absence of any allegation that the hospital 
discriminated on the basis of religion or operated in any way 
inconsistent with its secular character. In the Court's view, giving of 
Federal aid to the hospital was entirely consistent with the 
Establishment Clause, and the fact that the hospital was religiously 
affiliated was `wholly immaterial.' Ibid. The propriety of this 
holding, and the long history of cooperation and interdependency 
between governments and charitable or religious organizations is 
reflected in the legislative history of the AFLA.'' (Bowen v. Kendrick, 
487 U.S. 589, 609 (1987)).
   As for the ``lawful and secular'' claim, again the full quote 
(copied below) is illustrative. It shows that it was only when there 
was a concern that funds might be used for religious indoctrination)--
which is not permitted under CSBG--was further scrutiny needed.
   ``But nothing in our prior cases warrants the presumption adopted by 
the District Court that religiously affiliated AFLA grantees are not 
capable of carrying out their functions under the AFLA in a lawful, 
secular manner. Only in the context of aid to `pervasively sectarian' 
institutions have we invalidated an aid program on the grounds that 
there was a `substantial' risk that aid to these religious institutions 
would, knowingly or unknowingly, result in religious indoctrination.'' 
(Id., at 612) (internal cites omitted).

   Subcommittee on Criminal Justice, Drug Policy and Human Resources


  Hearing on ``Faith-based Perspectives on the Provision of Community 
                  Services, Los Angeles, California''

                        Monday, January 12, 2004

       Tim Hooten, Executive Director, Office of Ministry and 
     Service, Asuza Pacific University:
       Mr. Souder: Have you ever had any complaints from any 
     organization that any of your students started sharing the 
     faith and did not represent the organization?
       Mr. Hooten: No, quite the opposite. Especially Foothill 
     AIDS project, for instance. I had a phone call with their 
     Executive Director recently, just asked how are things going 
     there. And he said, you know what--and my question was with 
     concern, like are students causing a problem there. And he 
     said, you know what? Your volunteers are my best volunteers 
     because they really have a heart for these young men and 
     women who are dying.
       Mr. Souder: And why do you believe they have that heart?
       Mr. Hooten: I believe because they feel that they are there 
     to serve the Christ within the people that they are seeing. 
     As far as my perspective on what the New Testament, as a 
     response to the Old Testament is that

[[Page 1055]]

     when I serve someone, I am actually getting to serve Christ. 
     So it is incarnational in that they be the presence of Christ 
     as they serve Christ.

    Subcommittee on Criminal Justice Drug Policy and Human Resources


    Hearing on ``The role of Faith-Based Organizations in Providing 
                      Effective Social Services''

 Wednesday, July 2, 2003, Victory Fellowship Annex, San Antonio, Texas

       Excerpted comments from the testimony of Greg Kepferle, 
     Executive Director of Catholic Charities of Central New 
     Mexico and Catholic Charities of Santa Fe.
       Mr. Kepferle: With Catholic Charities we want to make sure 
     our Title VII exemption under the civil Rights Act is 
     protected, that as a religiously sponsored organization we 
     have the right to hire people who are Catholic and/or who 
     have an understanding of Catholic social teaching; however, 
     in actual practice because of--you know, we're looking for 
     the competent staff with skills and we're serving a very 
     diverse population that we are retaining that right only in 
     select positions.
       For example, executive director or positions that are 
     working specifically with parishes or within specific faith-
     based projects that we have, so we want to make sure that 
     that which is already in the law and we have that right, we 
     want to make sure that's protected. But as a matter of actual 
     practice our hiring practices we hire very diverse staff. We 
     don't for most positions inquire in terms of their religious 
     background or affiliation.
       Mr. Sounder: You don't inquire?
       Mr. Kepferle: We don't inquire, but we want to make sure we 
     still have that right to do that because just with any 
     organization you want to make sure that, you know, the--if 
     you're selling shoes, you want to make sure that the person 
     that's out there selling shoes wears shoes and believes in 
     that. I mean, just with any business. In our mission it's the 
     mission of following the teaching of the Catholic Church and 
     carrying that out.

  Mr. DAVIS of Illinois. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I rise today in support of the Democratic substitute to 
H.R. 3030, the Community Services Block Grant Act of 2003. Community 
service block grants have played an essential role in our society to 
help fight poverty by establishing programs, to help with such issues 
as employment opportunities, housing, facilities development, and food 
assistance. These community action agencies have become pillars in 
communities throughout the country. We all know and accept the fact 
that over two-thirds of community action agencies have a faith-based 
organization or representatives on their board of directors. 
Approximately 75 percent of community action agencies work directly 
with religious institutions and denominations. Affiliations with faith-
based organizations and houses of worship have strengthened their 
message, outreach, and support for community action.
  I am amazed that we would take a good process, a good program, a good 
approach, and then urge religious institutions to discriminate. I can 
understand a person who tithes at the New Galilee Missionary Baptist 
Church where I am a member, and they even let me be a deacon at times. 
When you tithe, you give of your free will. You decide that you are 
going into your pocket, and so you should have a right to determine who 
the clerk of that church becomes. If you want a Baptist person to be 
the clerk, that is quite all right.
  But when you pay your income tax, you are not necessarily doing it of 
your free will. You are doing it because it is the law of the land. If 
you do not pay, then something bad is likely to happen to you. There is 
a tremendous amount of difference between a religious institution 
having the ability to determine who the pastor's secretary is on the 
basis of religion, but to determine whether or not a Ph.D. psychologist 
can work in a program, or to determine whether or not a certified 
public accountant can be the comptroller for a $2 million grant, or a 
$3 million grant, that seems to be stretching it a bit; and we are 
comparing apples with oranges.
  Of course religious institutions have had the ability to determine 
that the church secretary is in need of being Methodist or Baptist or 
Jewish or Catholic, but please do not tell me that you can handle a $5 
million grant using my tax dollars and other people's tax dollars and 
then tell me that I cannot work here because I am not Baptist.
  Members talk about taking us back; yes, we can go back, back to the 
days when NINA existed, and we would see in the store windows of 
businesses N-I-N-A, meaning that no Irish need apply. Or if you are 
African American, you went to the back to get a drink of water or a 
hamburger or a hot dog. Or you were told that you did not have enough 
experience or the expertise.
  I would urge that we support this amendment so that religious freedom 
can really be religious freedom. The whole social service, human 
service system in my community is undergirded by faith-based 
organizations, Lutheran Family Services, Jewish Federation, the Baptist 
Council, Methodist Urban Renewal. They all provide excellent services. 
So do not change it. Do not urge them to discriminate. Vote to support 
the Woolsey amendment.
  Mr. GREEN of Wisconsin. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I wonder how many people across America have had the 
misfortune of tuning into this debate. Because if they did and are 
watching this debate, they would be wondering what evil it is that has 
crept into this land.
  All over America people are seeing something a little bit different 
than what the other side is presenting today. All across the land, 
people are familiar with organizations like Habitat for Humanity, St. 
Vincent DePaul, Lutheran Social Services, Salvation Army, and in my 
neck of the woods organizations like Urban Hope and Rawhide Boys' 
Ranch, which saves young men before they choose a career path of crime, 
or Matt's Place, which is trying to provide positive outlets for 
wayward youth. They think of those organizations, and they are trying 
to match those organizations with the rhetoric that they are hearing 
from the other side, and shake their heads.
  The real issue today is whether or not this institution is going to 
chase their wonderful groups away, whether or not we are going to try 
to discourage those groups from taking up the mission of poverty relief 
that they have devoted themselves to, whether or not we are going to 
push them away and tell them they need not apply merely because they do 
not believe certain things that we expect them to believe.
  The question is whether or not we are going to lay new burdens on 
these groups just because they had the audacity to answer the call of 
the needy, whether or not we are going to push away these organizations 
who are endeavoring to lift lives and heal communities and build 
neighborhoods. The question comes down to something that President Bush 
said in his inaugural speech. I am paraphrasing, but President Bush 
asked this question of America: When we see that wounded traveler on 
that road to Jericho, will we step to the other side?
  Well, listening to the debate here today, it is clear at least a 
small number do want us to step to the other side. They want us to turn 
our gaze and chase away those who would be the good Samaritan. Time and 
time again, this Congress has supported the concepts and the language 
that are in this bill today. This Congress has supported it, President 
Clinton has supported it, President Bush has supported it. Now, 
apparently, a small group wants to destroy something that is working 
very well, something that so many Americans look to with admiration. 
They want to chase it away. This would be a terrible idea. This would 
slam the door on so many worthwhile projects that are lifting lives and 
healing neighborhoods.
  I desperately hope the Woolsey amendment is rejected. If this 
amendment is adopted, it slams the door; it chases away and sends a 
terrible message to so many good people and so many organizations. It 
would be, in my view, a travesty.
  Mr. VAN HOLLEN. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman 
yield?
  Mr. VAN HOLLEN. I yield to the gentleman from California.

[[Page 1056]]


  Mr. GEORGE MILLER of California. Mr. Chairman, I want to make a point 
because I think the previous speaker in the well completely misstates 
history.
  This is not about driving anybody away who wants to help our 
communities. One of the other speakers talked about rolling back time. 
We have 30 years of experience where faith-based organizations have 
stepped up to the plate to help our communities, to help our families, 
to help our children, to help our homeless; and they have been doing it 
all along. They were there before the government programs were there. 
They were there with the initial programs in the 1960s. It was the only 
way we could get services delivered.
  Now, to suggest that somehow because we do not think that they should 
discriminate in the hiring that we are chasing them away, they were 
there before this was the law. I was building houses with Habitat for 
Humanity before 1998. This is not about that. This is about whether or 
not people in good faith who walked through the front door who need a 
job who have a talent are going to be chased away because of their 
religion. That is what this is about, whether or not a completely well-
qualified individual who walks in and asks for a job to help out, and 
is told they cannot have that job because of their religion, that is 
who is being chased away, people of good faith and intentions who need 
help in our community who need a job and who are qualified to do the 
job.

                              {time}  1415

  Mr. VAN HOLLEN. Mr. Chairman, I rise in strong support of the Woolsey 
amendment, and I want to begin by making it clear what this amendment 
is not about. It is not about the value of the Community Services Block 
Grant. That block grant is extremely important to millions of Americans 
in thousands of communities around this land. From Meals on Wheels to 
child care, to job training, to early education, community action 
partnerships provide critical support to the communities they serve. 
Nor is this a debate about those provisions in the underlying bill that 
strengthen the accountability and local control in the program. 
Finally, this amendment is not about whether faith-based organizations 
should be able and allowed to participate in Federal programs designed 
to help those in need. They should and they do. And those who seek to 
confuse this conversation and suggest that those organizations will no 
longer receive Federal support are misleading the American people in 
this debate today.
  So what is this all about? What this amendment does is affirm the 
critical role of faith-based organizations in providing services in the 
fight against poverty while at the same time preserving the principles 
of religious tolerance that are enshrined in the Constitution and the 
Bill of Rights. The Woolsey amendment is identical to the underlying 
bill in all respects except one. What this amendment does is prohibits 
taxpayer-funded job discrimination based on religion. Period. It is 
that simple. Should applicants for federally funded jobs be evaluated 
based on their credentials, their experience, their performance and 
merit, or should they be fired and hired based on their religion or 
some religious test?
  Imagine someone opening their local newspaper, seeing an ad there for 
a federally funded job, someone who has devoted their life's work to 
trying to teach young children in early education, and they are excited 
about it, they open it up and they say, here's the description, help 
young children, but, by goodness, only Christians need apply; or, 
within Christianity, only Catholics or only Baptists need apply.
  This provides a green light for that kind of discrimination. How can 
we ask individuals, individuals who may be listening to this debate 
around the country, who pay their fair share of taxes to support this 
community effort, to support the programs that we are talking about to 
help the poor? How can we ask them who have paid those taxes to the 
Federal Government to not be allowed to take a job with an organization 
that helps in that regard because of their religion?
  That is what the other side asks us to do. In fact, the arguments put 
forth by the Republicans on this issue today should be troubling to 
every American. They say that faith-based organizations that take 
Federal dollars must be able to hire only their own members of their 
own faith in order to do a good job of providing secular services under 
this Federal program. It is in their committee report. They have said 
it on the floor today. Think about what they are saying. These Federal 
funds in this legislation provide services to help those in poverty. 
The mission is to provide housing for those without housing. To provide 
food and nutrition for those who have none. What they are saying is 
that in order for a faith-based organization to effectively use those 
funds for those purposes, you have to shut the door on employees of 
other faiths.
  I find it very ironic, Mr. Chairman, that today we are asking the 
peoples in Iraq and Afghanistan, the Sunnis, the Shia, the Turkmen, the 
Christians, to come together for the common good, while at the same 
time here we are saying that in order to fulfill the common good, we 
have to divide people based on religion. What a terrible message.
  Mr. CANTOR. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, in listening to the speakers that have come before me 
in talking and debating about what this debate is actually about, I 
will tell you what this debate is about. This debate is about a 
principle from the Civil Rights Act of 1964 which permits religious 
organizations to employ persons who are members of or agree with the 
organization's religious principles. This element of religious liberty 
was recognized by the framers of that act as well as a unanimous 
Supreme Court as a fundamental component of the first amendment's 
guarantee of freedom of religion.
  We all have stories in our districts of individuals who have come 
together, many around faith-based principles, connected with faith-
based institutions or ideology who perform tremendous good for our 
communities; actually, organizations that do much better than what the 
government may have tried to do in any given instance. I know these 
organizations, as all of you do. They bring people together, they 
improve lives, they clean up inner cities, they feed the poor, they 
help drug addicts return to a productive avenue in life. And these are 
all roles that perhaps the commercial endeavors have failed at or 
certainly the government has failed at in many instances.
  The critics are saying somehow this is a constitutional issue. But to 
the critics I say, the Constitution says freedom of religion, not 
freedom from religion. I received in my office just yesterday a press 
release from the Union of Orthodox Jewish Congregations of America. Mr. 
Chairman, I would like to just read an excerpt from this memo from this 
group. In responding to the critics' assertion that this principle 
involved in the CSBG program fosters some federally funded employment 
discrimination, the group retorts:

       This principle is a fundamental component of 
     constitutionally protected religious liberties and exactly 
     analogous to those enjoyed under the first amendment freedom 
     of association by other private agencies organized around 
     certain beliefs and principles.

  Mr. ANDREWS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I would like to take a moment and yield to the author 
of the amendment for a point.
  Ms. WOOLSEY. I thank the gentleman for yielding.
  Mr. Chairman, my point ought to be taken very seriously by the 
gentleman from Virginia (Mr. Cantor). We have all received an action 
alert in our offices from the Focus on the Family CitizenLink. In the 
communique they say that on Wednesday we are going to have this debate 
and we are going to have this amendment to prohibit faith-based 
organizations from hiring on the basis of religion. As a result, 
Christian charities interested in accepting Federal funds would be 
required to ignore religious conviction in hiring even if potential 
employees practice Islam,

[[Page 1057]]

Judaism or no religion at all. So the gentleman from Virginia's folks 
that he quoted would not get hired.
  Mr. ANDREWS. I thank the gentlewoman.
  Mr. Chairman, I want to make reference to the case of Bowen v. 
Kendrick which several times has been cited by the majority as proof 
for the proposition that the court has upheld provisions like these. 
That is not the case. It is very important to understand the difference 
between Bowen v. Kendrick and the bill that is before us. In fact, 
language in Bowen v. Kendrick indicates that there are suspicious 
constitutional problems with this bill.
  In Bowen v. Kendrick, the Congress had enacted the Adolescent Family 
Life Act which was designed to create grant programs for local agencies 
to counsel young people on issues of sexual relations, personal 
responsibility and the like. The statute did not expressly exclude 
religious organizations from receiving these grants. It was silent 
about the question of what religious organizations could do. There was 
a lawsuit brought to declare the statute unconstitutional on its face 
because it failed to exclude religious organizations. The Supreme Court 
held that the statute was not unconstitutional because it failed to 
exclude religious organizations. However, and this is important, one of 
the things that Chief Justice Rehnquist noted in his opinion was that 
one of the reasons that the Court concluded that that statute in Bowen 
v. Kendrick was not unconstitutional, they said, and I am quoting from 
the official summary of this in the case, however, there is no 
requirement that grantees, meaning the agencies receiving the funds 
under that bill, there is no requirement that grantees be affiliated 
with any religious denomination and the services to be provided under 
the act are not religious in character.
  In other words, what the Court, I think, is implying there is if that 
statute had said, as this one does, that an Episcopal agency that wants 
to do counseling of young people about issues of sexual relations can 
only engage in the teachings of that particular church, that that would 
have been suspect under the Constitution and probably unconstitutional. 
What the Court said in this case is, because there was no requirement 
that a particular denomination receive the grant, that it is okay. That 
is the precise opposite of what we are talking about here.
  This bill would authorize a church, a synagogue or a temple using 
Federal money to say, you can't drive the Meals on Wheels van if you 
are a Catholic. You can't wash the dishes in the soup kitchen if you 
are Jewish. You can only be a member of our church or our mosque or our 
temple using Federal funds to have this job. That is the opposite of 
what Bowen v. Kendrick says. The more accurate statement would be that 
the United States Supreme Court has not dealt with this issue.
  But the U.S. Supreme Court is not the only arbiter of 
constitutionality. On the first day of our session, we all raised our 
right hand on this floor and swore an oath of allegiance to the 
Constitution of the United States. With that oath comes a 
responsibility to interpret the proposals before us as to whether they 
are constitutional. I would urge my Federalist Society friends on the 
majority side, my strict constructionist friends on the majority side, 
to consider that oath before they cast this vote today.
  I believe strongly that this provision, which expressly authorizes 
the use of public money to discriminate on the basis of religion in 
granting employment, is unconstitutional. Irrespective of how one feels 
about the other merits here, I think that Members should vote for the 
Woolsey substitute on that basis.
  Mr. PITTS. Mr. Chairman I move to strike the requisite number of 
words.
  Mr. Chairman, I rise today in opposition to the Woolsey amendment. It 
declares war between the government and faith-based organizations. It 
cuts services for people in need. It eliminates the role of faith-based 
organizations in our government's efforts to help. By denying the 
rights of religious organizations to hire according to their 
principles, this amendment would deny resources to people who know what 
they are doing. Many faith-based organizations have proven track 
records of meeting the long-term needs of people who need it. Many 
government programs do not. Government may provide food and shelter for 
a night, but it cannot offer hope and courage many times to build a new 
life. Faith-based organizations can. There is no need to supplant them 
or undermine them with another government program. They are great 
sources of hope and encouragement for those at their wit's end.
  In 2002, the Access Agency received $60,000 in CSBG funding. A quick 
visit to their Web site reveals that the Access Agency has a set of 
core values and principles, including that they ``recognize the dignity 
and value of every human being'' and ``believe every human being has 
the fundamental right to a job, food, clothing, shelter and health 
care.'' I doubt anyone would argue that because the Access Agency 
received Federal funds, they should have to hire someone who does not 
believe that employment, for example, is a fundamental right. They are 
not forced by Congress to hire people who oppose their beliefs. Title 
VII of the Civil Rights Act allows these organizations to hire people 
who support their mission. This means that a faith-based charity, 
working to meet the needs of people seeking help, can hire employees 
who support their religious convictions above those who do not.
  Why, then, do some call it discriminatory when a Christian or Muslim 
charity wants to consider the beliefs of potential employees before 
hiring them to run a federally funded faith-based program? Such 
practices have been upheld by the United States Supreme Court. There is 
a double standard here. Planned Parenthood receives at least $240 
million in Federal tax funds. At least in 2002 they did. Obviously they 
take belief in abortion into consideration before hiring their 
employees.

                              {time}  1430

  They are not forced by Congress to hire pro-life Catholics, for 
instance. Why, then, do some call it discriminatory when a Christian or 
Muslim charity wants to consider potential employees' beliefs before 
hiring them to run a Federally funded faith-based program?
  The Federally funded faith-based programs under the CSBG program must 
include participants of all faiths if they choose to participate. The 
issue at hand is not in regard to who is treated or helped with Federal 
funds, but merely if groups doing the helping or treating may consider 
in hiring decisions the faith of an employee who would work in their 
faith-based programs.
  Religious freedom in hiring is consistent with constitutional 
assurances of civil rights, as the Supreme Court has unanimously 
decided in upholding these protections. It is the critics of the 
exemption who are trying to undo 35 years of civil rights guarantees by 
attacking the independence of churches, synagogues, mosques, and 
religious organizations of every kind.
  There is no more vital protection for organizations with a 
religiously rooted approach to social assistance than the freedom to 
hire according to their convictions. The leadership and staff of an 
organization determine its destiny. They alone will carry out its 
mission, uphold its priorities, embody its deepest values.
  If the first amendment guarantee of religious liberty does not 
protect the employment decision of faith-based organizations, their 
right to free association, it then will become a meaningless 
abstraction. This amendment proposes to tell faith-based groups that 
they have to hire individuals who disagree with their core principles. 
If it passes, we might as well revisit the Civil Rights Act itself, 
since we would be rewriting it today.
  Faith-based providers cannot be expected to sustain their religious 
missions without the ability to employ individuals who share the tenets 
and practices of their faith. The success of any organization is having 
everyone on board with its essential principles and vision. The Civil 
Rights Act secures that right, the Supreme Court protected it, and we 
should follow suit.

[[Page 1058]]

  By protecting the nature of faith-based organizations in the CSBG, 
H.R. 3030 encourages providers, who otherwise may not have participated 
in the CSBG, to do so. This will increase the option afforded to people 
in need, and it will help more people. This amendment should be 
defeated.
  Mr. GREEN of Texas. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I rise in support of the Woolsey substitute. I am a 
strong supporter of both faith-based organizations and Community 
Services Block Grants. In the district I represent, we have many faith-
based groups providing help with food, housing, counseling, and so many 
other areas. We could not do it without them.
  America has long been a country of willing volunteers and people 
eager to give back to their communities and lift up those to whom life 
has dealt a difficult hand. Many people dedicate themselves to programs 
that rely on funding from Community Services Block Grants, food 
pantries, homeless shelters, Meals on Wheels, just to name a few. All 
of those right now are serving in the district I represent, and they 
are faith-based. All denominations, the Catholic Church, the Baptist 
Church, the Methodist Church, that I am a member of, all of them.
  I do not think that we want to believe that individuals who want to 
help combat poverty or help their fellow people should be denied this 
work based on their religious beliefs. Thank the Lord, our faith-based 
organizations have always played a historic role in helping deliver 
these much-needed services, but their important role in delivering any 
Federal-supported services should not include the ability to 
discriminate against potential employees on the basis of religion.
  Mr. Chairman, everywhere we turn, we see great need in our country. 
Too many of our citizens go without food or homes to shelter them. 
These needs know no religious boundaries. It is represented by 
Protestants, Catholics, Muslims, Hindus, all beliefs. If Americans want 
to help meet this great need through our community work, we should 
embrace each and every one of them and not shut the door in their faces 
because they hold different beliefs.
  From my days in Sunday school, the lessons I learned each Sunday 
morning have remained with me my whole life. Our religious beliefs are 
best judged not by what denomination we are, but by the actions we take 
and the manner that we live our lives. The ultimate judgment lies with 
God, who no doubt looks approvingly on any American who wishes to help 
their fellow human being.
  Mr. Chairman, this is not only a moral issue; it is also a 
constitutional issue. The Civil Rights Act is clear that it is illegal 
for employers to discriminate on the basis of religion regarding any 
condition of employment. My Methodist church, if they only want to hire 
Methodists, we have the right to do it with our tithes and offering; 
but you do not have the right to do it with my tax dollars.
  This Congress should not be in the business of sanctioning 
discrimination of any kind, and that is why I urge my colleagues to 
adopt the substitute. The substitute in no way hampers the ability of 
faith-based organizations to participate in Community Service Block 
Grant programs. I have dozens of them today who participate in it and 
do not ask whether you are a member of their particular denomination or 
belief. It ensures that employees that are working in these programs 
are afforded the same civil rights protections that any other Federal-
funded employee receives. On both a moral and constitutional level, 
voting for this amendment is the right thing to do.
  Ms. HART. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, the amendment has been explained in a number of, I 
think, quite confusing ways this afternoon. I think it is important 
that we make clear what this amendment does.
  This amendment changes the Civil Rights Act. The amendment would 
prevent religious organizations from employing persons in a manner that 
is consistent with their faith as currently allowed and allowed for a 
number of years under the Civil Rights Act. This amendment, again, 
changes the Civil Rights Act and in my opinion takes the rights of 
people away.
  The amendment would really destroy the opportunity for many very 
small faith-based institutions to continue operating as they do today.
  Do not tell my constituents in the very small towns that I represent 
in western Pennsylvania that they are not allowed to utilize those from 
their faith community to provide the services that they currently 
provide. In fact, many of the people who actually provide those 
services are not employed; they are volunteers. But the few that they 
do actually employ are people who are not just working for the faith-
based community's service project.
  This discussion has been such that these church organizations or 
church-related organizations are a Federal hiring program. They are not 
a Federal hiring program. The purpose of the Federal dollars is to 
empower them with more resources to provide services through the 
Community Services Block Grant program. That block grant program is not 
a hiring program; it is a service program.
  Do not tell the constituents in the small towns that I represent in 
western Pennsylvania that they are not allowed to do double duty; that 
they cannot be, for example, a part-time church secretary of the faith 
of that institution and also be part of the organization that provides 
service to alcoholics who are trying to overcome that difficulty.
  Do not tell the churches or the synagogues or mosques in my community 
that they cannot take the part-time person who helps perhaps maintain 
their building to provide services with organizing their job placement 
program. Do not tell the people in my community that this amendment 
does not violate the Civil Rights Act, because it changes it 
significantly.
  These community organizations are very small, and they exist in 
communities where we do not have great big Federal programs. They are 
filling in the gap where Federal programs have not been effective.
  These programs have been supported by Republicans and Democrats 
alike, people of all different faiths; and they have been very 
successful. Do not tell the people in my communities who have been 
helped by these small programs that there is something wrong with the 
way that things have been run.
  They are most often not using these Federal dollars to hire someone 
new. They are using Federal dollars to help them carry out the service, 
whether it is to buy some more food for their soup kitchen program or 
to help provide more resources for the Meals on Wheels or buy gasoline 
for Meals on Wheels.
  This is not a jobs program. This is a service program, and the people 
are motivated to provide service, often as volunteers; and a couple of 
them perhaps will get paid as a result of the monies they get through 
the Community Services Block Grant program.
  It is important that we as Members of Congress look at where these 
dollars really go. This is not a jobs program; it is a community 
service program. The law as it is protects civil rights. The law as it 
is is part of the Civil Rights Act. This amendment would take civil 
rights away.
  Mr. SCOTT of Virginia. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I think we need to remember what we are voting on. This 
amendment includes all of the provisions of the Community Services 
Block Grant, for which there is strong bipartisan support. It includes 
two improvements on the bill. One I do not believe is that 
controversial, but you never can tell. It just says you cannot run a 
worship service on the government dime. That is, if you are contracted 
to provide a government service, you cannot have a worship service in 
the middle of the government program. If you want to have worship, it 
has to be separate and apart from the government service, so people 
getting the government services can get the full benefit of the program 
without having to be

[[Page 1059]]

subjected to proselytization or religious instruction. That part, I do 
not think, is controversial; but you never can tell.
  The other part, of course, is the discrimination provision. We have 
had trouble in the past trying to get down exactly what we are voting 
on in this, but I think we have come to the time where everybody 
acknowledges what is going on.
  In 1941, President Roosevelt signed an executive order prohibiting 
discrimination in any defense contract. In 1965, President Johnson 
signed an executive order, no discrimination in any Federal contract. 
That has been the law of the land since that time. If you want a 
contract with the government to run a program, you cannot discriminate 
based on religion. Now, that does not require you to change your 
mission or anything. It is just if you are using Federal money, you 
cannot discriminate.
  Now, if you cannot get along with people of other religions, whose 
problem is it? Traditionally, that is your problem. If you cannot get 
along with people of different religions, that is your problem; that is 
not their problem. And if you are trying to get a government contract 
and just for one reason or another do not want to hire people of other 
religions, that is your problem; and you have been ineligible to run a 
government program, personally, faith-based, or otherwise.
  According to this, if you cannot get along with people of other 
religions, it is their problem. The victim is the one that gets hurt in 
this situation. The minority religions, the ones you want to 
discriminate against, are the ones that get hurt. That is a change in 
the law.
  Now, remember the present law under title VII, you cannot 
discriminate against people with your own money. You cannot take money 
out of your pocket and start hiring people and say on this construction 
project, I am only hiring people that belong to this church; you belong 
to another church. Although you are the best carpenter that applied, 
you are not going to get the job, solely because of your religion. You 
cannot do that with your own money. Why should you be able to do it 
with Federal money?
  Now, we have heard this thing about the pro-choice groups do not have 
to hire people that are right-to-life. We have a concept in law called 
a protected class. There are certain groups of Americans that 
historically have been discriminated against so badly that we have had 
to pass laws to prohibit it, have a protected class.
  Our history on racial discrimination and religious discrimination is 
so ugly that we made it illegal to discriminate. So there is a 
difference between the NRA not hiring people because of their position 
on gun control and the NRA saying we are not going to hire Catholics 
and Jews, or we are not going to hire blacks. That is different, 
because race and religion are protected classes.
  Now, these are not gifts to the church. They are contracts to provide 
government services. If you cannot provide government services the way 
everybody has been providing them since 1941, the question is, whose 
problem is it? I believe it is your problem. If you cannot get along 
with other people and do not want to hire people because of their 
religion, that is your problem; you are ineligible for government 
contracting.
  This bill in its present form would change that. If you cannot get 
along with other people, that is their problem, not your problem. We 
ought to go back to the traditional way, since 1965 on all contracts 
and since 1941 on defense contracts, that if you cannot hire people, 
regardless of their religion, then you are not entitled to contract 
with the Federal Government to provide those services.
  We need to adopt the Woolsey amendment. It validates the Community 
Services Block Grant program. It says that you cannot have 
discrimination in employment and you cannot run worship services on the 
government dime. That is the way it ought to be, and that is the way I 
hope it is if this substitute is adopted.
  Mr. ISAKSON. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, the gentlewoman from California has proposed a solution 
to a problem we do not have. When you walked here today, there was not 
a single person stopping you saying, you know, the 1964 Civil Rights 
Act was wrong and section 702 ought not apply under Community Services 
Block Grants. When you go back to your e-mail, because we are not 
getting any mail right now, you do not have anybody writing you that 
they have been harmed because of a practice of 40 years of the Civil 
Rights Act of the United States of America.

                              {time}  1445

  When you read the news tonight or when you read it last night and you 
look at television tonight, you look at all of the problems in the 
world, there is not a single person complaining about community service 
block grants or about the Civil Rights Act of 1964.
  My dear friend, the gentleman from New Jersey (Mr. Andrews) referred 
to the courts have not yet been challenged on this particular issue. 
Well, I will tell my colleagues one thing, and this is a guess and I 
stand to be corrected if anybody knows I am wrong, but since 1964, in 
the last 40 years, no act of Congress has ever been ruled on more 
frequently or more often or been challenged before the Supreme Court of 
the United States more than the Civil Rights Act. If what we were 
talking about repealing was so wrong and evil and punitive, then it 
would have long since been decided.
  But the biggest tragedy of all, and I love the ranking member, the 
gentleman from California (Mr. George Miller), he is a wonderful human 
being. And he and I are about the same age, and I have worked over the 
last 30 years on many charitable organizations and faith-based 
projects, and he has too, but he made a statement that kind of twisted 
the facts. He said this has not been a problem for 30 years; and he is 
right, it has not been. But if the substitute is adopted today, we have 
a big problem, because we are saying to a huge resource of individuals 
who, for 3 decades when they have been allowed to, have provided 
meaningful efforts, like the YMCA of Atlanta that delivers the Head 
Start program for our area; we have said to them, you know, your 
exemption of the Civil Rights Act no longer applies. You cannot 
participate unless you change. And who gets hurt? The 350 kids in Head 
Start get hurt.
  Now, we are going to vote on this in a little bit, and I hope we will 
defeat the substitute, but I want to ask my colleagues to count 
something. On the way back to your office, count how many people you 
encounter who bring up the fact that there has ever been a problem with 
this act or who say thank you one way or another for voting for a 
substitute that is dead flat wrong.
  Mr. NADLER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, there has been a misconstruction here of what this 
amendment is all about, in particular by the gentleman from Georgia who 
just spoke. This amendment will restore the Civil Rights Act as it was 
from 1964 to 1998. It undoes an amendment put there in the dead of 
night, after no hearings and almost no debate, only 6 years ago. And 
from 1964 to 1998, the gentleman is quite correct, we had no problems 
with this.
  Now, Community Service Block Grants help communities provide services 
for low-income families and individuals who address the ever-rising 
number of people living in poverty through employment programs, housing 
programs, nutrition programs, and education programs. For years these 
grants have been praised by both sides of the aisle. Yet today we find 
ourselves debating the issue of whether or not religious discrimination 
should play a part in providing these services.
  Religious discrimination is not the American way. Asking someone his 
or her religion in a job interview is simply wrong. Asking people what 
they believe before they can feed the poor, help the homeless, or 
provide protection to battered families is, frankly, immoral.

[[Page 1060]]

  Government saying that this is okay and funding it is a betrayal of 
our most cherished values.
  Now, no one with this amendment, or with the law as it existed 
between 1964 and 1998, which this amendment would restore, no one is 
telling any religious person not to adhere to his or her faith or to 
advocate it. No one is telling religious institutions what to teach its 
members or who should conduct their religious ceremonies. No one is 
even telling a religious institution who to hire as the janitor. And if 
the Presbyterian church wants to say only Presbyterians could be hired 
to be the janitor or the priest, that is fine.
  Nor, despite the rhetoric, are religiously affiliated charities under 
this amendment barred from participating in publicly funded programs. 
Every Member, including myself, has worked to obtain public funding for 
these worthwhile organizations. These religiously affiliated charities 
are the backbone of our social service delivery system, and no one is 
suggesting we change this, except for this administration and the 
Republican majority, which wants to destroy what has worked well for 
years.
  What is at issue here is not whether a church or a religiously based 
group can have a religious test for anyone at all. What is at issue 
here is whether they can have a religious test for people, paid for by 
public funds; paid for by public funds to provide a public service.
  If the church wants to have a religious test, as I said, for the 
minister or for the singers or for the choir director or for the 
janitor, it is free to do so. But those things are not paid for by 
public funds. If the church wants to compete for a public contract to 
provide services to the homeless with public funds, or to provide 
housing with public funds, it should compete for that contract. It 
should get that contract if it has the best proposal. But it should not 
be permitted, as it was not permitted until 1998, to have a religious 
test to say no Jews or no Irish or no Catholics and no Muslims may 
apply for the publicly funded position to help administer these public 
funds. For the nonpublicly funded positions of doing anything at all in 
the church or in the charity, have any religious test you want; that is 
religious freedom. It is not religious freedom to put a religious test 
on employment in a public program paid for by the tax dollars of 
everybody. Protestant, Catholic, Jew, Hindu, Muslim, atheist, we all 
pay taxes, and our tax policy, our tax funds, should not be used to 
discriminate against any of us on the basis of religion.
  No one should ever see a sign at a government-funded program that 
says ``No Catholics need apply'' or ``No Jews need apply'' or ``No 
Presbyterians need apply,'' but that is what this bill would allow. In 
the Yorker case, an applicant for employment with public funds was 
asked on his job application what his religion was, on the job 
application. Is that the America we want to live in?
  I know that my colleagues on the other side of the aisle complained 
about what they view as religious tests when it comes to approving 
judges in the Senate. Why should the person who serves soup in the soup 
kitchen, the publicly funded soup kitchen, or who aids the poor or the 
homeless with public funds be entitled to any less consideration?
  The amendment in the existing law that we are trying to take out was 
passed in the dead of night in 1998 with few Members understanding the 
full implications of the language in it. The gentleman from Virginia 
and I were here at 1 in the morning to talk about the dangers this kind 
of publicly funded discrimination posed to our social services 
programs. Perhaps many of my colleagues were not fully aware of the 
scope of these change.
  Now, as we debate this in the light of day, I urge everyone to take a 
close, hard look at what is being done. I urge my colleagues to reject 
this betrayal of our first freedom, our most fundamental of values, the 
freedom of conscience. I urge support of the Woolsey amendment, and I 
urge that, again, we are not talking about telling church-based 
organizations not to participate in public programs; they can do that 
as they always did prior to 1998. We are simply saying you can only use 
public funds in a public contract in a nondiscriminatory manner.
  I urge support of the Woolsey amendment to restore the law as it was.
  Mr. BARTLETT of Maryland. Mr. Chairman, I move to strike the 
requisite number of words.
  Mr. Chairman, I rise to oppose the proposed amendment because it 
would clearly violate the first amendment's guarantee of freedom of 
religion under our Constitution. This amendment would tell faith-based 
organizations that they must hire people who do not share their faith 
and beliefs. This is not the case with other organizations and other 
deeply held beliefs.
  Planned Parenthood receives millions of Federal dollars, but there is 
no requirement that they hire people who believe in the sanctity of 
life. Planned Parenthood takes belief into account when hiring, but 
this is not condemned nor forbidden by the government as unlawful 
discrimination.
  Members of the Congress hire staff based upon competence and beliefs. 
A major factor in our hiring decisions is whether applicants believe in 
the same things as we; if we have similar political philosophies, 
similar ideas about the role of government and what public policies 
will strengthen our country. It would be ludicrous for someone to say 
to a Member of Congress that they could not ask a potential employee 
what their political views were or could not take that into hiring 
consideration.
  Why apply a different standard to faith-based organizations? The 
government should not discriminate against religious groups that are 
delivering services to help the poor.
  In defeating this amendment, we uphold the Constitution when it says 
that ``Congress shall make no law respecting the establishment of 
religion or prohibiting the free exercise thereof.'' Yet, some argue 
that faith-based organizations cannot receive Federal dollars because 
that would be a violation of the separation of church and State. May I 
remind everyone that the words ``separation of church and State'' are 
not in the Constitution of the United States. ``Separation of church 
and State'' was a part of the now defunct Soviet Union's Constitution, 
article 128, I believe. Even so, the Congress is not establishing a 
religion here. When money is given to diverse faith-based groups to 
help the poor, Congress is not declaring a national religion. The 
President has made this clear when he said ``faith-based programs 
should not be forced to change their character or compromise their 
mission.''
  I urge the House to defeat this amendment.
  Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
  Mr. BARTLETT of Maryland. I yield to the gentleman from Ohio.
  Mr. BOEHNER. Mr. Chairman, I thank the gentleman for yielding.
  One of the points the gentleman made is that organizations should not 
be forced, faith-based organizations should not be forced to hire 
people that do not share their same opinions. As a matter of fact, in a 
hearing, a field hearing, a Reverend Tony Marciano, Executive Director 
of the Charlotte Rescue Mission in Charlotte, North Carolina made this 
statement: ``The first 677 words of our mission is to minister the good 
news of Christianity. So yes, in our application, we ask for your 
church affiliation. Our statement of faith is attached to the 
application so that there are no questions who we are and who we are 
hiring. We expect people, as they sign off on the application, to sign 
on to our statement of faith. And that is key,'' he says, ``because 
even though we have people from different denominations, Presbyterian, 
Baptist, Methodist, et cetera, we need to make sure that everybody is 
on the same page, you know, as we work with the chemically addicted 
homeless.''
  It is not just these organizations, faith-based organizations, that 
are doing such great work and who are supportive of this language. We 
have a number of associations: Agudath Israel of America, American 
Association of Christian Schools, Association of Christian Schools 
International, Call

[[Page 1061]]

to Renewal, Catholic Charities, Catholic Health Association of the 
United States, Center for Public Justice, Christians for the Faith-
Based Initiative, Christian Community Health Fellowship, Christian 
Legal Society, Council of Christian Colleges and Universities, 
Evangelicals for Social Action, the General Conference of Seventh-Day 
Adventists, the Heritage Foundation, Latino Coalition for Christian, 
Community, and Faith-Based Initiatives, the National Association of 
Evangelicals, the National Center for Neighborhood Enterprise, Prison 
Fellowship, the Salvation Army, Union of Orthodox Jewish Congregations 
of America, the U.S. Conference of Catholic Bishops, We Care America, 
World Relief, and World Vision, all of these organizations are 
supportive of the underlying language in the bill.
  Mr. BARTLETT of Maryland. Mr. Chairman, reclaiming my time, our 
Founding Fathers would be amazed that we were even discussing this. 
This Congress, for the first 100 years of our existence, voted money 
every year to send missionaries to the American Indians. The 
Continental Congress bought 20,000 volumes of the Bible, copies of the 
Bible to distribute to their new citizens. For the first 200 years the 
New England Primer taught the alphabet to our students by using Bible 
text. In the McGuffrey Reader, the author of that says that he borrowed 
more from scripture than any other source, and he made no apologies for 
that. Our Founding Fathers were devoutly Christian. They would be 
amazed that we are even discussing this. President Adams said that this 
Constitution was prepared for a Christian Nation which served the 
purposes of no other. Mr. Chairman, they would be amazed that we are 
even discussing this today.
  Mr. GEORGE MILLER of California. Mr. Chairman, I move to strike the 
requisite number of words. So would the Jewish and Muslim citizens of 
this country be amazed.
  I yield to the gentlewoman from California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Chairman, in response to the comment of the 
gentleman from Georgia (Mr. Isakson) that there is no known 
discrimination because of the exemption included in the underlying 
bill, I would like to read a story that I have here, and the story is 
that in Georgia last fall, Alan Yorker responded to an advertisement in 
the Atlanta Journal Constitution for a position at the Methodist 
Children's Home. Mr. Yorker is an exceptionally qualified 
psychotherapist with over 20 years' experience counseling young people 
and their families, and over a decade's experience teaching in Emory 
University professional schools, and a number of appointments to State 
professional committees. The Home, as the Methodist Children's Home is 
referred to, has admitted that his credentials placed him among the top 
candidates for the position. On the strength of these credentials, the 
Home rushed him in for an interview where he was first required to 
disclose in an application form his religious affiliation, church and 
minister.

                              {time}  1500

  Mr. Yorker, a Jew, supplied the name of his synagogue and rabbi. As 
his interview was getting under way, the home administrator checked Mr. 
Yorker's response to this section of the application, noted that Mr. 
Yorker is Jewish and announced that the home does not hire people of 
his faith. Alan Yorker was shown the door.
  The same administrator told another woman in the organization that it 
is the home's practice to throw the resumes of applicants with Jewish-
sounding names in the trash. Only because the administrator had not 
recognized the name ``Yorker'' as Jewish was he interviewed in the 
first place.
  That is what happens, and that is what happened.
  Mr. CHOCOLA. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise today in opposition to this amendment. The 
reason I rise in opposition is because I think it reduces the 
effectiveness of faith-based organizations because it prevents them 
from hiring people that share their values and their beliefs.
  I think the most effective organizations in many of our communities, 
and certainly in the second district of Indiana, and I do not think my 
district is really any different than any other, that some of the most 
effective organizations that serve our communities' needs are faith-
based organizations. With any organization, whether it is faith-based 
or not, it is the people that make it effective. It is not the 
building, it is not the computers, it is not anything other than the 
people that breathe life into that organization.
  And it is the people that share common values, common beliefs, and 
share a common mission that truly make it effective and truly help it 
serve our communities' needs. Now the supporters of this amendment want 
to prevent that from happening. They want to prevent people coming 
together that share common beliefs from serving community needs.
  Before we vote on this, I ask every Member of this body to examine 
their own hiring practices. When we hire people to work in our offices, 
do we not ask them what their values and beliefs are? Do we not require 
that the they share our beliefs in their view of the role of the 
Federal Government? Do we not ask them to share our beliefs in how we 
should spend the taxpayers' dollars? Do we not ask them to share our 
beliefs in our political philosophy?
  So, Mr. Chairman, I urge a ``no'' vote on this amendment because I do 
not think that we should ask anyone to do things that we are not 
willing to do ourselves. We ask people who work for us in our office to 
share our values and beliefs so they can be effective in serving the 
people of this country. I think we should ask no less to allow faith-
based organizations to ask people what their values and their beliefs 
are so they can serve the communities across this country in each and 
every one of our districts as effectively as possible.
  Mr. RYAN of Ohio. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. Chairman, in a moment of full disclosure I am a Catholic. I am a 
Christian. And I have heard the name of Christ used here several times 
today. And if we look at one of the stories that one of the gentlemen 
used a little bit earlier, he talked about the story and the parable of 
the good Samaritan.
  The Samaritans were an immigrant group who had distinct views that 
were different from the Jews of their time. And there was enormous 
hatred between the Samaritans and the Jews. And Jesus' parable of the 
Samaritan was to illustrate, he made the Samaritan a hero to reach out 
and help a Jew, two groups that hated each other.
  As we are having this discussion today, we should not try to twist 
the story. We should understand that this is about people wanting to 
help each other. I am a bit confused, though. I had listened to one 
gentleman who said this money could not be used to proselytize. Then 
the chairman of the committee said that some of the mission statements 
of these groups is to minister the good news of Christianity, which is 
great. We all support it. The Catholic schools I went to for 12 years 
supported that, but they did it with private money. You cannot use 
public money to support a religious institution. It is wrong, and it 
should not be allowed.
  My great grandfather who was a little Italian guy, who lived in 
Niles, Ohio, during the Depression, he would walk down to the bottom of 
this hill during the Depression, and he would walk to a couple of the 
steel mills. If you would go out early enough, one of the foremen would 
come out, and they would say they have three or four slots, and there 
would be 80 or 90 people there waiting to see if they would get picked 
that day. But the foremen were all Irish.
  So they would come out and my little grandfather was sitting there 
hoping that his name would be called. And the Irish foreman would pick 
the Irishmen, always, every day. And my grandfather would probably 
swear in Italian and work his way back up the hill and try it again the 
next day. But as wrong as that was, it was okay because it was private 
money. It was a private business making this decision.

[[Page 1062]]

  Now we are saying that a Protestant taxpayer will give money to the 
Federal Government, the Federal Government will get that money and will 
give it to Catholic charities. Catholic charities will take that 
Federal tax money that was paid by a Protestant to the Federal 
Government, and they will hire people to administer their programs. 
Then the Catholic charities will be able to say we will not hire you 
because of one reason: you are Protestant.
  Look at all these religions. They all share the same values, they are 
all supportive, and they all want people to be compassionate to one 
another. They all support social justice, but in this instance your 
values do not matter. It is what God you pray to or how you view 
Christianity. It is wrong, and it is confusing. And I do not think the 
Federal Government should be in this line of work.
  The chairman of the committee also stated that you will be able to 
use this money and they will be able to work a part of the day doing 
one thing and then a part of the day possibly teaching Sunday school. 
What could they teach in Sunday school? They are not teaching the 
theory of relativity. They are teaching religion. You have Federal 
dollars going to support someone to teach Sunday school religion in the 
United States of America. We are in Iraq right now trying to teach our 
values and the separation of church and state. It is wrong, and it 
should not happen.
  And the bottom line is this is a political institution. And this 
political institution will make political decisions. And money will end 
up in religious groups that look like us and act like us and have only 
our beliefs. Not our values, but our beliefs. Then, ladies and 
gentlemen, we have state-sponsored religion right here in the United 
States of America.
  It is a blow to the Constitution, it is a blow to democracy, and it 
is a blow to those of us who love freedom, especially religious 
freedom.
  Mr. EHLERS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, it is my pleasure to rise today to support the base 
bill on the Community Services Block Grant Act. Probably my best way of 
approaching this is just to describe my own community which has engaged 
in faith-based activities for years. And I am just constantly amazed at 
the horror stories that are projected today by Members about what might 
happen if this bill passes.
  Let me tell you what has happened in my community and put some of 
your fears to rest. My community happens to be quite a religious 
community of many diverse faiths. But yet these churches and synagogues 
have always felt a major responsibility to the community and to the 
world about them.
  As an example, when Vietnamese first became refugees, my small 
community had more refugees initially than any other city in the United 
States simply because our churches became active early in providing 
relief for these refugees.
  The church that I go to is an inner-city church. My wife and I 
selected that when we moved to Grand Rapids because we wanted to be 
involved in the central community. Our church has succeeded in starting 
a community center. It is a faith-based community center, but anyone is 
welcome.
  In addition to that, our church has started a food program for the 
people in the neighborhood, many of whom are unemployed, on welfare or 
in very difficult circumstances. We serve approximately 400 people 
every Saturday. We have a group of volunteers from our church and other 
churches who every Friday go out and collect food from stores and from 
warehouses, and make it available in our church basement. We sell it 
for approximately 10 cents on the dollar. And a number of families that 
come through can buy a week's groceries for their family for anywhere 
from $10 to $20.
  No attempt is made to proselytize in any of these organizations in 
our community. It is simply a recognition of the people of these 
churches that as part of their commitment to their Lord and to their 
faith; they have to help others. And that is precisely what they are 
doing. They are providing social services which the government would 
provide at far greater cost and far less efficiently. And we do that 
voluntarily.
  My city houses the second largest private mental health hospital in 
the United States, again, started by a faith-based institution. It is 
still a faith-based institution. It may discriminate in hiring in 
certain cases because their treatment is based on a certain philosophy 
of life and faith and it uses that to effectively treat those patients.
  Incidently, many of these institutions do already get Federal funds. 
For example, the hospital I mentioned gets a great deal of money from 
the Federal Government and from State government for health treatment. 
No one raises a question about that. No one says this violates the 
Constitution. They are providing medical treatment, but they do 
discriminate in hiring, not in every case but many some cases.
  You look at the colleges and universities across the United States, 
and of those are not State institutions, most were founded by religious 
group. Today there are still many religious colleges, primarily 
Christian colleges, but also other faiths, represented in the higher 
educational system of the United States. All of these can make better 
use of Federal money than many Federal programs can. And many of them 
do receive Federal funds, whether scholarship grants, or loans, what 
have you.
  But in the case of an organization such as our church and its food 
program which I mentioned earlier, we could serve many more people if 
we had government funds. And we would certainly provide it more 
efficiently and at less cost than a government entity could with paid 
employees.
  So I simply want to point out to the naysayers on this floor that 
what we are attempting to do in this bill, is not breaking new ground. 
It has already been broken in the Civil Rights Act. Those who wish to 
limit the ability of faith-based institutions are, in fact, attempting 
to infringe on the civil rights of these faith-based institutions and 
their supporters by prohibiting support from the Federal Government 
when these churches are, in fact, doing the job that the Federal 
Government does. And they are doing it in many cases better.
  I urge that we defeat the amendments that have been offered. I urge 
that we continue the practice as we have it. And I urge that we make 
certain that these agencies will continue to be able to provide the 
services in the manner they see best and be able to qualify for Federal 
funds and not be hampered by restrictions on their hiring practices.
  I strongly urge that we defeat the proposed amendments and that we 
vote for the base bill.
  I rise today in support of H.R. 3030, Improving the Community 
Services Block Grant Act.
  The Community Services Block Grant provides funding for a state-run 
network of local non-profit community action agencies. Michigan's third 
Congressional district is served by three community action agencies: 
the Area Community Services Employment and Training Council in Kent 
County, the Community Action Agency of South Central Michigan in Barry 
County, and EightCAP, Inc. in Ionia County.
  In partnership with community organizations, these agencies provide 
services to low-income individuals, and families. The partners include 
faith-based organizations, such as Hope Network and its Exodus 
Correctional Ministries. In addition, several faith-based colleges and 
universities, including Calvin College, Aquinas College, Cornerstone 
University and Reformed Bible College, are located in my district. This 
is multiplied many times throughout the United States, which has 
approximately 500 religious colleges and universities, many of which 
work with community action agencies.
  Allowing these faith-based partners and universities to receive 
federal funding is nothing new. Faith-based organizations have been 
receiving federal money to provide social services for decades.
  The faith-based provisions within this legislation allow faith-based 
providers to maintain the character of their organization through their 
employment practices. These groups do not exist in order to 
proselytize, but in order to serve those in need. Faith-based 
providers, including universities, cannot be expected to

[[Page 1063]]

sustain their religious mission without the ability to employ 
individuals who share the tenets and practices of their faith. It is 
faith that motivates these organizations to serve their neighbors in 
trouble. To deny faith-based organizations the right to shape the 
character of their groups through their employment practices is to deny 
them their motivation to serve. Keeping religious-based staffing legal 
is the only way to ensure equal opportunity and effectiveness for all 
organizations and to respect the diversity of faith communities that 
are a part of our civil society.
  Mr. PAYNE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I join today with the gentleman from California (Mr. 
George Miller), the gentlewoman from California (Ms. Woolsey), the 
gentleman from New Jersey (Mr. Andrews) and others, myself included, in 
offering a Democratic substitute to H.R. 3030, the Community Service 
Block Grant.
  I strongly believe that the Democratic substitute does two important 
things: one, it supports ongoing participation of faith-based providers 
and Community Service Block Grant programs; and, two, it restores basic 
civil rights protection for families and employees who benefit from 
participating in Federally funded Community Service Block Grant 
programs.
  It was interesting to listen to the earlier discussion when one of 
the previous Members on the Republican side said that we Members of 
Congress on our side ask what religion people are before we hire them. 
I was pretty shocked. I do not know if I know the religion of any of my 
staff members. I do not even know if they are religious. So we do get 
revelations here when we have these discussions. And it does, once 
again, show the difference between the ideologues who are holier than 
thou when in their employment they are going to find out what religion 
you are before you can be hired.

                              {time}  1515

  It was also interesting that the same gentleman talked proudly about 
the former founders, the framers of the Constitution, and how they were 
so great in using the Bible to teach people as they have used 
government money to buy these Bibles to teach, one, the American 
Indians and, number two, simply to use religious people to teach.
  Of course, these same framers of the Constitution were the same 
people that said I was three-fifths of a person. As you may recall in 
the Constitution of the United States, African Americans were 
considered three-fifths of a man. And when I was a youngster my 
grandfather always told me that his grandfather told him about this 
three-fifths of a man. That is what black people were. These great 
religious framers of the American Constitution had everyone as a full 
person but blacks were only three-fifths because in the census for 
Congress, they did not want blacks, who could not vote in the first 
place, to be allowed to distort the number of people in Congress in the 
South.
  And so when we start talking about the framers of the Constitution, 
we need to have a whole day discussing the framers of the Constitution. 
Since the gentleman from Maryland (Mr. Bartlett) brought it up, I just 
thought I would mention it.
  I just want to say that, one, I certainly think that we are turning 
the clock back. For over 40 years, Community Service Block Grant 
programs have been instrumental in assisting families in poverty, and 
faith-based communities have made strong partners. It has worked. But 
as we know, back in 1998 there was a change in the middle of the night. 
An amendment was put in that changed charitable-choice provisions, 
which was added to allow religious organizations to receive Community 
Service Block Grants to use Federal funds to discriminate with respect 
to employment. This is new. That was done in 1998 when the bill was 
changed.
  So I think that this really says a lot about the people on the other 
side of the aisle because they want to take Federal money and say that 
you have the right to discriminate. And on top of that, unfortunately, 
religion happens to be, on Sunday mornings it is the most 
discriminating hour in the United States' week, because most churches 
are totally racially segregated in most communities. So once you start 
bringing in religion as a way to hire, the next thing that will follow 
actually is that you will then find that racial discrimination will 
follow the religious discrimination.
  So as we have all people from all races losing their lives daily in 
Iraq, where we have people in Afghanistan of all races fighting 
together, we find those who fostered this war on us saying we have got 
to separate people. We do not separate them on the battlefields. We do 
not ask the religion when they go out to try to get the enemy. But all 
of the sudden we are going to ask the religion of people. What 
hypocrisy. What hypocrisy. You can die on the battlefield under the 
American flag, but when you go to get a job you have to tell your 
religion.
  I think that the day will come when all of this will pass by the 
board. It is sooner than we think. It is going to be in November this 
year.
  Mr. CUMMINGS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, as the son of two preachers and one who has represented 
many churches as an attorney before I came to the Congress, I rise 
today to speak on the Community Service Block Grant reauthorization, a 
bill that could represent 10 steps forward for our country's most 
downtrodden, but in the end represents 100 steps back for civil rights.
  Forty years after the passing of the Civil Rights Act of 1964, 41 
years, Mr. Chairman, after the 1963 March on Washington, 49 years after 
Rosa Parks' refusal to give up her seat in 1955, just a few weeks after 
the celebration of Martin Luther King's birthday, and still today, 
regrettably, we fight to end discriminatory practices.
  Mr. Chairman, over 40 years after Americans have fought to put into 
place laws to end discrimination, I stand here on the House floor 
fighting against outlandish provisions in this reauthorization of the 
Community Services Block Grant, a bill designed to ameliorate the 
ravages of poverty. Unfortunately, this bill also allows taxpayer 
dollars to be used by religious organizations while letting them engage 
in discriminatory hiring practices. Furthermore, it does not require 
that these Federal dollars be used in a nonreligious manner. These are 
very unfortunate provisions I simply cannot support.
  Mr. Chairman, title VI of the Civil Rights Act of 1964 specifically 
bans recipients of Federal funds from engaging in discriminatory 
practices. As President John F. Kennedy said in 1963, ``Simple justice 
requires that public funds, to which all taxpayers of all races, colors 
and national origins contribute, not be spent in any fashion which 
encourages, entrenches, subsidizes or results in racial, color, or 
national origin discrimination.''
  As such, in 1964, following Kennedy's legacy, the new Civil Rights 
Act was put in place to prevent this from ever happening. Yet today we 
debate a bill that allows discrimination on the basis of religious 
preference. As history clearly demonstrates, legalization of any form 
of discrimination, religious, racial, sexual or other, makes way for 
the legalization of other forms.
  Thankfully, we also have on the House floor today a substitute being 
offered by my good friend, the gentlewoman from California (Ms. 
Woolsey), and many other Democratic members of the Committee on 
Education and the Workforce. The Woolsey substitute would prohibit 
taxpayer dollars from being used for inequitable hiring practices and 
requires that the funds be used in a lawful and secular manner. There 
is no doubt that religious organizations play an invaluable role in the 
provision of services at the local level in antipoverty efforts. 
However, there is also no doubt that this can be done successfully 
without exempting them from compliance with our civil rights laws. All 
recipients of Federal dollars should be held to the full letter of the 
law.
  I urge my colleagues on both sides of the aisle to vote yes for the 
Woolsey substitute and no on final passage of H.R. 3030. We cannot 
allow Congress to

[[Page 1064]]

turn back the clock on all of the civil rights protections that we have 
fought so hard to build. We have come too far to start over now.
  I also urge all of my colleagues to support the Miller amendment 
extending unemployment benefits. Over 2.9 million jobs lost, versus 
1,000 gained last month. That is a zero-sum gain, Mr. Chairman. 
American workers want to work and they need help.
  Mr. BOEHNER. Mr. Chairman, I move to strike the requisite number of 
words.
  As we near the end of the debate on the Woolsey substitute, let me 
remind my colleagues that the two bills that we have before us are 
identical, with one exception, that exception being the language that 
we preserve in the current law to allow faith-based organizations to 
participate in Community Service Block Grant programs without giving up 
the protections granted to them under the 1964 Civil Rights Act. That 
is the only difference.
  We have worked the rest of the bill out in a bipartisan basis, but 
this one issue that we have argued on this floor, we have done so on 
numerous occasions, whether it be the 1996 Welfare Reform Act, several 
times last year when we considered the Workforce Investment Act, and 
when we considered the reauthorization of the Head Start bill, we had 
the same debate here in the House about whether faith-based providers 
using Federal funds would have to give up the protections granted to 
them under the 1964 Civil Rights Act.
  As we have heard today from numerous Members, these faith-based 
organizations do very good work with the poorest of the poor in many of 
our communities. And to deny them their protections under the Civil 
Rights Act of 1964, we believe would in fact have a chilling effect on 
their willingness to take Federal funds and to work in the community to 
help deal with many of the problems that are there.
  When I listen to the debate today, there are a lot of examples used 
of discrimination, discrimination in hiring. And I would suggest to 
most of my colleagues that use these examples, if you don't like the 
1964 Civil Rights Act that provides religious organizations an 
exemption in hiring, then we ought to change it. But that is the law. 
And what we are trying to do is trying to continue to comply with the 
law, and we should not deny those organizations that are faith-based 
the protections that are granted to them under the 1964 Civil Rights 
Acts.
  I would ask my colleagues when we near the vote on this substitute, 
that we vote no on the substitute and to support the underlying bill 
which, in fact, has been the law since 1998.
  Ms. WOOLSEY. Mr. Chairman, I ask unanimous consent to strike the 
requisite number of words.
  The CHAIRMAN pro tempore. Without objection, the gentlewoman is 
recognized for 5 minutes.
  There was no objection
  Ms. WOOLSEY. Mr. Chairman, the 1964 Civil Rights Act allows faith-
based organizations, religious organizations to use their own funds, 
and they can discriminate if they choose. That act does not allow 
faith-based organizations to use Federal funds starting in 1964.
  The chairman is right. The only difference in this bill is the faith-
based discrimination based on religion language. That is what we would 
like to remove because, Mr. Chairman, this is a sad move on the side of 
the Republicans to continue to take perfectly good legislation and 
allow a poison pill to stay in that legislation thinking that the 
people on this side of the aisle are going to vote yes, that we have no 
choice.
  You know what? It is wrong. We do have a choice. It is wrong to allow 
religious discrimination using Federal dollars, and we are going to 
vote against it.
  I support faith-based organizations and the good they are doing in 
their outreach and their human service programs. I support them 
totally. The faith-based groups in my district are successful. They 
tell me, Get that language out of the bill. We do not need it. They 
agree that the exemption to title VII is useless. It should not be in 
there and that individual groups should not be able to use Federal tax 
dollars to discriminate in their hiring policies.
  If this language remains in the bill, I, for one, will be forced to 
vote against the underlying bill because I will not vote to use tax 
dollars for discrimination.
  Mr. SHAYS. Mr. Chairman, I believe people competing for a job should 
be judged on the strength of their candidacy, not on their gender, the 
color of their skin, their sexual orientation, or their religious 
beliefs.
  Supporting this amendment was not an easy decision for me. I have 
grappled with this issue for years because the Civil Rights Act 
includes an exemption for religious organizations, but I have come to 
believe that, where Federal dollars are involved, Congress should not 
condone discrimination on any grounds, even on religious grounds.
  With the help of tax dollars, faith-based organizations are able to 
provide a wide range of social services to their communities, but 
allowing them to discriminate against those who wish to be of service, 
simply on the basis of their religion, casts a shadow on the wonderful 
work these groups are doing.
  I understand some faith-based organizations would prefer to have 
ideologically consistent staffs, but I believe a person willing to take 
a job with a religious group and commit to advancing the mission of 
that group can do so whether or not they believe personally in the 
institution's message. And I believe any candidate who can excel in the 
workplace, will be able to do so regardless of his or her religious 
convictions.
  The bottom line is, holding one set of religious beliefs does not 
preclude someone from effectively providing services and even 
advocating another set of ideas. For that reason, being Catholic, 
Jewish, Muslim, or Hindu should not hinder a person's ability to 
perform the functions of a job they are intellectually qualified and 
willing to do.
  Ms. MAJETTE. Mr. Chairman, the Community Service Block Grant program 
is an invaluable tool for fighting poverty. The Community Service Block 
Grant works and works well. It works because it allows local discretion 
to guide the allocation of resources to those programs that the 
underprivileged in their own communities most need. In my own district, 
the Partnership for Community Action helps underprivileged children get 
a Head Start on school, helps citizens weatherize their homes, and 
helps teen mothers find work. I am proud of these programs and support 
Federal investment in their efforts.
  This same Community Action Agency in my district is involved in 
faith-based partnerships. They teamed with Christian, Hindu, Islamic, 
Jewish, and Baha'i groups to work together to address the problems of 
substance abuse among youth and to decrease the recidivism rate of 
inmates in our county jail. And they did this all without 
discriminating on the basis of religion. However, the law allows 
discrimination.
  I am strongly opposed to allowing recipients of Federal dollars to 
discriminate on the basis of religion. No issue is more important to 
our Nation than the need to prevent our Federal Government from either 
supporting or opposing any form of religious expression. Despite this 
principle, the current law actually allows recipients of taxpayer money 
to discriminate against someone who doesn't share their religious 
beliefs. It is unconscionable that this body ever allowed this kind of 
discrimination to be the law of the land.
  I strongly support all of the religious-based organizations whose 
members devote so much of their time and energy to curing our Nation's 
ills. I am confident that these organizations make us a stronger, more 
compassionate Nation.
  My personal faith in God is strong and does not depend on a 
government endorsement. Our Founding Fathers shared the belief that it 
is in the best interest of both government and religion if they remain 
mutually prevented from exerting influence upon each other.
  Even a single case of someone losing their job because of their faith 
is too much to allow in our great Nation. As Justice John Paul Stevens 
has wisely noted, ``Our democracy is threatened whenever we remove a 
brick from the wall that was designed to separate religion and 
government.''
  This Congress cannot ever condone employer discriminating against 
potential employees. For this reason, I support the Democratic 
substitute which preserves this wonderful program while upholding the 
constitutional prohibition on religious discrimination.
  I support the Community Block Grant Program, but cannot support any 
bill that condones discrimination.
  Mr. BEAUPREZ. Mr. Chairman, I rise today in opposition to the Woolsey 
amendment, and to recognize the critical importance that Congress must 
adopt a new attitude toward faith-

[[Page 1065]]

based and community initiatives and not hinder their ability to 
effectively assist the needy.
  Uncertain times have left many people in search of assistance and in 
need of a helping hand to improve their lives. I believe is in the 
vital interest of the United States to care for all of our citizens. 
Inadequacies seen in many current programs have left millions searching 
for alternative sources of aid. I believe that the establishment of 
faith-based initiatives is one of many ways to provide a helping hand 
to our fellow Americans in need.
  Few people realize that faith-based organizations have been utilized 
for years by all levels of government. President Lyndon Johnson's 
``Great Society'' initiatives expanded FBOs to include welfare and 
community service programs. Further evolution of FBOs showed that they 
are effective partners for delivering special services, including 
literacy programs, counseling, and healthcare services. These programs 
proved to be a more effective process to deliver vital programs to the 
needy. I have seen the positive results of faith-based initiatives 
first hand throughout the Denver metro area. Fine examples are 
childcare, senior services, and job placement training.
  Some of my colleagues believe that faith-based organizations 
discriminate against employees based on their faith. In 1972, a 
Democratic-controlled Congress expanded the already-existing 1964 Civil 
Rights Act Title VII exemptions for religious organizations, which 
allows religious organizations to consider potential employees' faith 
when making staffing decisions. The United States Supreme Court, 
without a single dissenting vote, upheld this law. The Court reasoned 
that a law is not unconstitutional simply because it allows churches to 
advance religion, it must be evident that the Government itself has 
advanced religion through its own activities and influence.
  I fully support our constitutional separation of church and state and 
remain convinced that adequate judicial protection exists to assure 
compliance. As a former member of a Christian school board, I know 
first hand that faith-based organizations cannot be expected to sustain 
their religious drive without the ability to employ individuals who 
share the tenets and practices of their faith. This is simply because 
it is that faith that motivates them to serve their neighbors in 
trouble.
  When the objective is helping some of the most distressed and needy 
in our communities, faith based groups have historically been the best 
providers. It would seem counterintuitive to limit opportunity for 
needed services because of an underlying religious affiliation.
  Vote to defeat the Woolsey amendment, and for passage of H.R. 3030.
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I rise in support of 
this substitute to H.R. 3030, which will improve the Community Services 
Block Grant.
  In the Republican version of H.R. 3030, a church could decide that an 
individual is not qualified to work in a federally funded community 
services program, simply because that individual does not hold the same 
religious beliefs.
  There is no question that this is a clear violation of civil rights. 
It must be amended.
  Religious organizations provide essential community services around 
the country. However, we must not allow these organizations to 
discriminate against people who want to work in federally funded social 
service programs. The Democratic substitute would forbid such 
discriminatory practices.
  Don't misunderstand me. I absolutely support the amazing work that 
local religious organizations do to help poor and disadvantaged 
families. In Orange County, the Orange County Rescue mission provides 
food and shelter to disadvantaged men and women. This work is 
necessary, and appreciated.
  Indeed, this good work should continue. Religious organizations 
should receive funding for community programs. The Democratic amendment 
would allow churches and other religious organizations to receive 
federal funds for community programs.
  But religious groups should follow the same civil rights protections 
secular organizations are required by law to follow in order to receive 
Federal dollars.
  Religious and civil rights groups support this effort, too, because 
they understand that discrimination based on religion has no place in 
the Community Services Block Grant program.
  These groups also know that Democrats support programs that help 
poverty-stricken individuals, whether those programs are operated by 
secular or religious organizations.
  The Democratic amendment will preserve Federal support to religious 
organizations providing critical community services. It only serves to 
strengthen those programs by holding them to the same standard of civil 
rights in employment practices that all other organizations must 
follow.
  Please join me in supporting this amendment.
  Mrs. JONES of Ohio. Mr. Chairman, I rise to encourage my colleagues 
to extend unemployment insurance benefits for 6 months in an effort to 
prevent over 2 million workers from losing benefits. With the ending of 
the Federal Temporary Extended Unemployment Compensation (TEUC) 
program, jobless workers whose regular, State-funded unemployment 
insurance benefits run out before they can find a job no longer qualify 
for any Federal unemployment aid.
  Mr. Chairman, Congress rejected calls for a benefits extension before 
the December holidays, and job growth has since remained anemic. The 
previous unemployment insurance extension expired on December 20. 
Roughly 375,000 people exhausted their benefits in January, the largest 
number in a single month in 30 years, and these individuals are 
receiving neither a paycheck nor unemployment benefits.
  According to an analysis of Government data from the Center on Budget 
and Policy Priorities, nearly 2 million unemployed workers are expected 
to be in this situation during the first 6 months of 2004. The Center 
on Budget and Policy Priorities also projected that 2 million people 
will exhaust their benefits between January and June, a record for any 
six-month period for which data are available, if benefits are not 
extended.
  In no other month on record--and in no other six-month period for 
which data are available--have so many unemployed workers exhausted 
their regular unemployment benefits without being able to receive 
additional aid. The unemployment rate is currently 6 percent in Ohio. 
In my congressional district, in the city of Cleveland, the 
unemployment rate is 13.1 percent--57,191 Ohioans are scheduled to lose 
their benefits over the next 6 months.
  Dear colleagues, how do you recommend I inform my constituents that 
Congress decided not to extend unemployment benefits? I ask my 
colleagues to join me and support the Democratic substitute.
  The Democratic substitute provides for continued participation by 
faith-based organizations in Community Services Block Grant programs, 
but prohibits religious discrimination with Federal funds. Colleagues, 
Congress has worked to eliminate discrimination since 1964 through the 
enactment of Title VII of the Civil Rights Act of 1964, that prohibits 
employers from discriminating against individuals because of their 
religion in hiring, firing, and other terms and conditions of 
employment.
  How dare we, Members of Congress, allow legislation that will 
discriminate against anyone come before the House floor. Have we 
forgotten what Title VII of the Civil Rights Act of 1964 prohibits 
under religious discrimination: My history reflects working toward the 
Dream that Dr. Martin Luther King had that, ``one day this nation will 
rise up and live out the true meaning of its creed: ``We hold these 
truths to be self-evident: that all men are created equal.'' My work 
history exemplifies working toward bringing all races together for 
employment, education, and religious beliefs. I have worked with the 
U.S. Equal Employment Opportunity Commission. I will also remind all of 
you that under Title VII of the Civil Rights Act of 1964 for religious 
discrimination:
  Employers may not treat employees or applicants less--or more--
favorably because of their religious beliefs or practices. For example, 
an employer may not refuse to hire individuals of a certain religion, 
may not impose stricter promotion requirements for persons of a certain 
religion, and may not impose more or different work requirements on an 
employee because of that employee's religious beliefs or practices.
  Employees cannot be forced to participate--or not participate--in a 
religious activity as a condition of employment.
  Employers must reasonably accommodate employees' sincerely held 
religious beliefs or practices unless doing so would impose an undue 
hardship on the employer. A reasonable religious accommodation is any 
adjustment to the work environment that will allow the employee to 
practice his religion.
  Flexible scheduling, voluntary substitutions or swaps, job 
reassignments and lateral transfers and modifying workplace practices, 
policies and/or procedures are examples of how an employer might 
accommodate an employee's religious beliefs.
  An employer is not required to accommodate an employee's religious 
beliefs and practices if doing so would impose an undue hardship on the 
employers' legitimate business interests. An employer can show undue 
hardship if accommodating an employee's religious practices requires 
more than ordinary administrative costs, diminishes efficiency in other

[[Page 1066]]

jobs, infringes on other employees' job rights or benefits, impairs 
workplace safety, causes coworkers to carry the accommodated employee's 
share of potentially hazardous or burdensome work, or if the proposed 
accommodation conflicts with another law or regulation.
  Employers must permit employees to engage in religious expression if 
employees are permitted to engage in other personal expression at work, 
unless the religious expression would impose an undue hardship on the 
employer. Therefore, an employer may not place more restrictions on 
religious expression than on other forms of expression that have a 
comparable effect on workplace efficiency.
  It is also unlawful to retaliate against an individual for opposing 
employment practices that discriminate based on religion or for filing 
a discrimination charge, testifying, or participating in any way in an 
investigation, proceeding, or litigation under title VII.
  It is vital that Congress authorizes additional funds under Community 
Services Block Grants to be used to pay for a 6-month extension of 
unemployment benefits. Benefits paid under Community Services Block 
Grants that will be modeled after the Unemployment Insurance program 
that expired for workers exhausting regular unemployment benefits after 
the week of December 20, 2003.
  Mr. Chairman, I ask my colleagues to join me and support the 
Democratic substitute, and vote to provide continued participation by 
faith-based organizations in Community Services Block Grant (CSBG) 
programs, but prohibits religious discrimination with Federal funds.
  The CHAIRMAN pro tempore (Mr. Gillmor). The question is on the 
amendment in the nature of a substitute offered by the gentlewoman from 
California (Ms. Woolsey).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Ms. WOOLSEY. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on amendment No. 4 offered by the gentlewoman from 
California (Ms. Woolsey) will be postponed.


            Amendment No. 2 Offered by Mr. Scott of Virginia

  Mr. SCOTT of Virginia. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Scott of Virginia:
       Page 12, after line 22, insert the following (and make such 
     technical and conforming changes as may be appropriate):
       (j) Limitation on Use of Funds; Voluntariness.--Section 
     679(c) of the Community Services Block Grant Act (42 U.S.C. 
     9920(c)) is amended by adding at the end the following:

     ``If the religious organization offers such an activity, it 
     shall be voluntary for the individuals receiving services and 
     offered separate from the program funded under subsection 
     (a). A certificate shall be separately signed by religious 
     organizations, and filed with the government agency that 
     disburses the funds, certifying that the organization is 
     aware of and will comply with this subsection.''.

  Mr. SCOTT of Virginia. Mr. Chairman, this is slightly different from 
the language in the substitute. It requires religious organizations to 
separate any religious activities from CSBG activities to ensure that 
such programs meet current constitutional standards.
  Several speakers from the other side have mentioned that you should 
not be able to proselytize during a government-funded program, and that 
is consistent with this amendment.
  The language tracks language that was recommended by the Bush 
administration's Justice Department during the 107th Congress' 
consideration of President Bush's faith-based legislation in H.R. 7. It 
also tracks the H.R. 7 language that was reported by the House 
Committee on the Judiciary and passed by the full House.
  In his testimony to Congress, the Bush administration Department of 
Justice argued, ``Justice O'Connor requires that no government funds be 
diverted to `religious indoctrination,' thus religious organizations 
receiving direct funding will have to separate their social service 
programs from their sectarian practices.''

                              {time}  1530

  The current provisions in CSBG do not meet the current constitutional 
standard required.
  Specifically, the current provision provides that only ``no funds 
provided directly to a religious organization shall be expended for 
sectarian worship, instruction or proselytization.'' This language 
fails to address whether religious organizations can include a 
religious message in publicly funded services and also fails to answer 
the question of whether volunteers can be used.
  Mr. Chairman, if we do not pass this amendment, we are essentially 
creating a system where the Federal Government officials will have to 
pick and choose which religious organization will get the benefit of 
using publicly funded programs to advance their religious views. Such a 
policy violates the Constitution and violates their religious liberty 
to believe their own religion and not be subjected to the views of 
others as a condition of receiving government-funded services.
  In addition to failing to adopt these safeguards, it raises a concern 
as to how we measure the success of a faith-based program. The 
administration has said that faith-based institutions are better and 
more successful, but common sense will tell us that some faith-based 
programs are better than secular programs, but some secular programs 
are better than faith-based programs.
  To that end, on what basis are we measuring the success of a program 
if it incorporates religion? Are we weighing the Baptist approach to 
drug treatment against the Muslim approach?
  This amendment answers the simple question, Can you conduct a worship 
service in the middle of a federally funded program with volunteers or 
not? This amendment simply answers ``no.'' If you want to conduct a 
worship service, those activities must be voluntary and separate from 
the government-funded program. On the other hand, the House can reject 
this amendment and require some program participants to participate in 
sectarian worship services as part of the government-funded program.
  I hope we adopt the position taken by the Committee on the Judiciary 
in H.R. 7 and agree to the amendment.
  Mr. BOEHNER. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, the Community Services Block Grant program has a proud 
history of inclusion of faith-based organizations in the coordination 
of poverty reduction services, and we should continue that tradition of 
inclusion and reject attempts to add new barriers to faith-based 
organizations who are already serving in this program.
  This amendment offered by my good friend from Virginia (Mr. Scott) 
does two things. It adds new language that is duplicative and redundant 
to the current program or the current operation of the CSBG program; 
and, second, it complicates the operation of the program by adding a 
new paperwork requirement only for faith-based providers, I might add, 
and requiring them to certify to the funding agency that they are in 
compliance with the law.
  On the first issue, the amendment seeks to add language regarding the 
voluntariness of participation by beneficiaries in religious activities 
and the separation of these activities from the services under the 
program. Both of these issues are duplicative and redundant to the 
current requirements of the program.
  Specifically, under section 1050.3(b) of the Community Services Block 
Grant regulations, the requirement is clear that direct funds under the 
program may not be expended for inherently religious activities such as 
worship, religious instruction, or proselytizing. The same section goes 
on to state that if an organization conducts such activities, it must 
offer them separately in time or location from the programs or services 
directly funded under any applicable program, and participation must be 
voluntary for program beneficiaries.
  The second issue is purely a new paperwork requirement, again 
targeted only at faith-based providers, and based on the 
unsubstantiated assumption that these organizations are somehow 
violating the current requirements of the law. This requirement seeks 
to erect new, unnecessary barriers to the

[[Page 1067]]

participation of faith-based providers by requiring that they, and only 
they, certify to the funding agency that they have read the law and 
will comply. Other program operators that are not faith-based will not 
have this requirement under the language offered by the gentleman from 
Virginia (Mr. Scott).
  Unfortunately, its real purpose, I think, is likely a bit more 
insidious. In adding this new requirement solely for faith-based 
providers, it creates further barriers designed to limit the 
participation of faith-based providers and will likely lead to a 
chilling effect for both current and potential faith-based providers.
  Should this amendment pass, we expect at least some of those groups 
would choose not to participate in the Community Services Block Grant 
program. As we all know, the group most likely to suffer the 
consequences are the most vulnerable in our society and those who need 
the help most and those who the Community Services Block Grant program 
is designed to serve.
  So I would suggest to my colleagues that we do not need this 
language. It will drive faith-based providers away from the program, 
and the amendment deserves to be defeated.
  The CHAIRMAN pro tempore (Mr. Gillmor). The question is on the 
amendment offered by the gentleman from Virginia (Mr. Scott).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. SCOTT of Virginia. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
(Mr. Scott) will be postponed.


            Amendment No. 1 Offered by Mr. Scott of Virginia

  Mr. SCOTT of Virginia. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Scott of Virginia:
       Page 12, after line 22, insert the following (and make such 
     technical and conforming changes as may be appropriate):
       (j) Nondiscrimination.--Section 678F(c)(1) of the Community 
     Services Block Grant Act (42 U.S.C. 9918(c)(1)) is amended by 
     inserting ``religion,'' after ``color,''.
       (k) Employment Practices.--Section 679(b) of the Community 
     Services Block Grant Act (42 U.S.C. 9920(b)) is amended by 
     striking paragraph (3).

  Mr. SCOTT of Virginia. Mr. Chairman, this amendment is simple. It is 
the specific, straight up-and-down vote on the discrimination amendment 
without ducking and dodging. It asks the question whether you can take 
the Federal money and discriminate or not, either you can have a policy 
of hiring no Catholics and Jews or not or hiring just people that 
belong to a church that happens to be all black or all white or not.
  We know that if we can discriminate based on religion, we can 
discriminate based on race. We know also, Mr. Chairman, these are not 
gifts. They are contracts to perform government services.
  In 1941, President Roosevelt signed an executive order, no 
discrimination in defense contracts. In 1965, Johnson expanded that to 
all contracts. That has been a good policy; and if you cannot work with 
others, it is your problem. It is not their problem. Since 1965, that 
has been the law of the hand.
  Under the bill, it is the problem of the person being discriminated 
against. Now we hear talk about rights. This is the first time I have 
heard about the right of someone to discriminate. We usually talk about 
the right of someone to apply for a job and be free from discrimination 
based on employment, but now we have to focus on the right to 
discriminate. That is wrong to tell somebody that they are the best 
qualified, that someone is the best qualified for a federally funded 
job, but we do not hire people of your religion. It is wrong to tell 
someone if the faith-based organization has won a new contract, it is 
wrong to tell the group of employees on the job that we will hire 
everybody except people of a certain religion. That is wrong.
  It is either right or wrong to discriminate, Mr. Chairman. I hope my 
colleagues will say it is wrong by adopting this amendment.
  Mr. BOEHNER. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, our friend from Virginia (Mr. Scott) offers the second 
amendment, which is very close to the language that was contained in 
the Woolsey substitute, striking the ability of faith-based providers 
from their protections under the 1964 Civil Rights Act.
  The current law, which was signed by President Clinton in 1998, makes 
clear that when faith-based organizations participating in the 
Community Services Block Grant program take religion into account in 
their hiring practices, they are not discriminating. That language is 
consistent with the protections provided to religious organizations 
under the 1964 Civil Rights Act.
  What the gentleman seeks to do is to take that protection away from 
those faith-based providers who would participate in the Community 
Services Block Grant program. It has been the subject of debate for 
hours here on the floor today; and to save all of us a little time and 
effort, the amendment would, in fact, have a chilling effect on the 
willingness of faith-based providers to participate in the Community 
Services Block Grant program; and, therefore, I believe it is a bad 
amendment and does not deserve our support.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Virginia (Mr. Scott).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. SCOTT of Virginia. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. Pursuant to clause 8 of rule XVIII, this 
15-minute vote on Scott amendment No. 1 will be followed by two 5-
minute votes in the following order: (1) Scott amendment No. 2 and, (2) 
Woolsey amendment No.4.
  Mr. SCOTT of Virginia. Mr. Chairman, I ask unanimous consent that the 
first vote be the Woolsey vote and then my votes after that, because if 
the Woolsey amendment is adopted, my votes will not be necessary.
  The CHAIRMAN pro tempore. The gentleman's request is not in order. 
The order of votes is within the discretion of the Chair and the Chair 
will follow precedent in that the Committee will vote on the perfecting 
amendments before the substitute.
  The order of the votes will be this Scott amendment. This is to be 
followed by a 5-minute vote on the other Scott amendment, followed by a 
5-minute vote on the Woolsey amendment.
  The vote was taken by electronic device, and there were--ayes 182, 
noes 231, not voting 19, as follows:

                             [Roll No. 15]

                               AYES--182

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Case
     Clay
     Clyburn
     Conyers
     Costello
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Green (TX)
     Grijalva
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kirk
     Kleczka
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler

[[Page 1068]]


     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Slaughter
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--231

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lucas (KY)
     Manzullo
     Marshall
     McCotter
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--19

     Brown-Waite, Ginny
     Culberson
     DeGette
     Dicks
     Gephardt
     Gutierrez
     Hunter
     Kucinich
     Langevin
     Linder
     Lucas (OK)
     McCrery
     Millender-McDonald
     Ortiz
     Pascrell
     Rahall
     Sabo
     Smith (WA)
     Watson


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Gillmor) (during the vote). Members are 
advised 2 minutes remain in this vote.

                              {time}  1609

  Messrs. WILSON of South Carolina, TOM DAVIS of Virginia, PEARCE, 
BRADLEY of New Hampshire, TANCREDO, FOSSELLA, RYAN of Wisconsin, CRAMER 
and Ms. HARRIS changed their vote from ``aye'' to ``no.''
  Mr. MORAN of Virginia and Mr. KIRK changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, 
proceedings will now resume on those amendments on which further 
proceedings were postponed, in the following order: amendment No. 2 as 
printed in the Record by the gentleman from Virginia (Mr. Scott) and 
amendment No. 4 offered by the gentlewoman from California (Ms. 
Woolsey).
  The remaining electronic votes will be conducted as 5-minute votes.


            Amendment No. 2 Offered by Mr. Scott of Virginia

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on amendment No. 2 offered by the gentleman from Virginia 
(Mr. Scott) 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 CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 180, 
noes 233, not voting 19, as follows:

                             [Roll No. 16]

                               AYES--180

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Clay
     Clyburn
     Conyers
     Costello
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Green (TX)
     Grijalva
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Rangel
     Reyes
     Rodriguez
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Skelton
     Slaughter
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--233

     Aderholt
     Akin
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hyde
     Isakson

[[Page 1069]]


     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lucas (KY)
     Manzullo
     McCotter
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--19

     Brown-Waite, Ginny
     Culberson
     DeGette
     Dicks
     Gephardt
     Gutierrez
     Hunter
     Kucinich
     Langevin
     Linder
     Lucas (OK)
     McCrery
     Millender-McDonald
     Ortiz
     Pascrell
     Rahall
     Sabo
     Smith (WA)
     Watson


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (during the vote). Members are advised 2 
minutes remain in this vote.

                              {time}  1619

  Mr. BARTON of Texas changed his vote from ``aye'' to ``no.''
  Mr. SHAYS changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


  Amendment No. 4 in the Nature of a Substitute Offered by Ms. Woolsey

  The CHAIRMAN pro tempore (Mr. Gillmor). The pending business is the 
demand for a recorded vote on the amendment in the nature of a 
substitute offered by the gentlewoman from California (Ms. Woolsey) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment in the nature of a 
substitute.
  The Clerk redesignated the amendment in the nature of a substitute.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 183, 
noes 232, not voting 17, as follows:

                             [Roll No. 17]

                               AYES--183

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Case
     Clay
     Clyburn
     Conyers
     Costello
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Green (TX)
     Grijalva
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kirk
     Kleczka
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Slaughter
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--232

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lucas (KY)
     Manzullo
     Marshall
     McCotter
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--17

     Brown-Waite, Ginny
     Culberson
     DeGette
     Dicks
     Gephardt
     Gutierrez
     Kucinich
     Langevin
     Linder
     Lucas (OK)
     McCrery
     Millender-McDonald
     Ortiz
     Pascrell
     Rahall
     Smith (WA)
     Watson


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (during the vote). Members are advised that 
there are 2 minutes remaining in this vote.

                              {time}  1627

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


       Amendment No. 5 Offered by Mr. George Miller of California

  Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. George Miller of California:
       Page 5, strike lines 20 and 21, and insert the following:
       (1) in subsection (a)--

[[Page 1070]]

       (A) by striking ``1999 through 2003'' and inserting ``2004 
     through 2009''; and
       (B) by striking ``681'' and inserting ``675C(b)(3), 681,'';
       Page 6, line 2, strike ``and'' at the end.
       Page 6, line 8, strike the period at the end and insert ``; 
     and''.
       Page 6, after line 8, insert the following:
       (C) by adding at the end the following:
       ``(c) Assistance Relating to Unemployment.--There are 
     authorized to be appropriated such sums as may be necessary 
     for fiscal year 2004 to carry out section 675C(b)(3).''.
       Page 6, strike lines 9 through 14, and insert the 
     following:
       (d) Uses of Funds.--Section 675C of the Community Services 
     Block Grant Act (42 U.S.C. 9907) is amended--
       (1) in subsection (a)(3)(A) by striking ``Beginning on 
     October 1, 2000, a'' and inserting ``A''; and
       (2) in subsection (b)--
       (A) in paragraph (1)(F) by striking ``neighborhood-based'' 
     and inserting ``community-based''; and
       (B) by adding at the end the following:
       ``(3) Assistance relating to unemployment.--With the amount 
     appropriated under section 674(c), the Secretary shall make 
     grants to States to provide financial and employment support 
     to individuals who cannot find employment, who have exhausted 
     their State unemployment benefits, and who, after the week of 
     December 20, 2003, can no longer receive Federal extended 
     temporary unemployment compensation. The eligibility criteria 
     and benefit amounts under this paragraph for such individuals 
     shall be the same as for such individuals prior to December 
     20, 2003, under the Federal extended temporary unemployment 
     compensation program.''; and
       (3) in subsection (c)(1) by inserting ``paragraphs (1) and 
     (2) of'' after ``under''.

  Mr. GEORGE MILLER of California. Mr. Chairman, this amendment 
authorizes an additional 6 months of urgently needed extended 
unemployment compensation benefits through the Community Services Block 
Grant program.
  Last week, the shocking neglect of the unemployed by this 
administration became all too apparent. The tag-team termination of 
extended unemployment benefits by the Republican leadership and the 
Bush administration has left a staggering, record-breaking 375,000 
unemployed individuals who have been out of work over a half a year and 
still cannot find work. By July, over 2 million unemployed workers will 
be left to fend for themselves, with no paycheck and no unemployment 
assistance. Two million Americans who were working before this 
recession, 2 million Americans who were working before the tech bubble 
burst, 2 million Americans who were working before the corporate 
scandals in this Nation, who were supporting their families and 
themselves, cannot find work and this government will not help them 
because this administration does not see it as a priority. In no other 
month on record and in no other 6-month period for which data is 
available have so many unemployed workers exhausted their regular 
unemployment benefits without being able to receive additional aid.
  At a time when we see that this administration is willing to lavish 
billions of dollars on special perks for the pharmaceutical companies 
and HMOs but nothing for an unemployed family, at a time when we see us 
borrowing money to rebuild Iraq and provide sole-source contracts that 
are now overcharging us millions of dollars for the care and feeding of 
our soldiers, no money for the unemployed. At a time when this 
administration comes to us and tells us we should borrow to go to Mars, 
nothing for the unemployed. We should borrow to rebuild Iraq, nothing 
for the unemployed. Time and again, we have made decisions in this 
Congress and in this administration that do not include the ordinary, 
hardworking American families who have fallen on hard times through no 
fault of their own. Their jobs have been outsourced, their jobs have 
been sent overseas, their jobs have been eliminated. It is not because 
they are not struggling. These people want a job. They want a job. They 
would trade their unemployment check in a minute for a job. But the 
jobs are not available.

                              {time}  1630

  They were told at the beginning of this Congress by this 
administration with their economic program, with their budget 
priorities that they were going to create 1.8 million jobs. Well, here 
we are, folks, a year later, and they are 1.6 million jobs short. They 
just did not hit the target. But what they did hit was the misery and 
the trauma among the unemployed in this country.
  In the past, we have recognized when jobs are not available, as the 
economy bottoms out, as it starts to turn up, we have extended the 
unemployment benefits to get those people to a job. These people have 
been looking for work for 6 months. But this administration will not do 
it. This administration will not do it.
  This administration makes this part of the attack on middle-class 
America, middle-class working people who have lost their jobs. They 
take away their unemployment benefits. Middle-class America, that 
relies on overtime to meet their annual support for their families, to 
provide their cars, to buy their houses, they want to engineer the 
taking away of their overtime. Middle-class America that needs a 
pension, they want to take away their pension in the cash balance 
program.
  What is it that middle-class America did that so angered the 
Republican Party, that so angered this President, that he cannot 
understand and have compassion over what these families are going 
through when they are unemployed? What is it that the middle class did 
that does not allow this President to understand what it means when 
they close down the factory in your hometown, when they out-source your 
job to India, to China, to Singapore? Your job just disappeared.
  The answer from this administration and this Congress, this 
Republican Congress, is, tough; it is tough. These are hard-working 
people. They were working the day before they were unemployed. They 
have a work history. They have a history of supporting their families, 
of supporting themselves, of trying to hold on to a standard of living.
  The CHAIRMAN pro tempore (Mr. LaHood). The time of the gentleman from 
California (Mr. George Miller) has expired.
  (By unanimous consent, Mr. George Miller of California was allowed to 
proceed for 2 additional minutes.)
  Mr. GEORGE MILLER of California. Mr. Chairman, we have a remedy 
today. You vote for this amendment, and we can tell the 61,000 people 
from North Carolina who are expected to lose their jobs over the next 6 
months that we will help them and their families until they find a job. 
You can tell the 66,000 people in Florida that we will help them and 
their families and their children until they find a job; or the 51,000 
people in Georgia or the 314,000 people in the State of California that 
this government will help them until they can find employment.
  Compassionate conservatism? Sounds pretty good to me. Where is the 
compassion? These are breadwinners. These are providers for families. 
Where is it that we cannot help them?
  There is $17 billion in the Unemployment Trust Fund that was put 
there by the work and the sweat and the toil of America's workers, and 
what we are asking you today is to authorize that those funds be 
released for the next 6 months so that these people can have an 
opportunity to hold on to their house, to hold on to their health care, 
to hold on to their children, because that is what happens when you 
lose all of your financial support: you start to lose your family, you 
start to see divorce is a possibility, you start to lose your mortgage, 
you start to lose your car, and you have got to start all over again 
and you are 50 years old.
  That is an America of compassionate conservatism? That is the America 
of Bush compassionate conservatism? No, that is a very mean-spirited 
America. But you have an opportunity to turn that around today. You 
have an opportunity to turn it around immediately. Pass this amendment 
and ask for a supplemental to take those hard-earned worker funds that 
are in the trust fund, that are there for their benefit, for exactly 
this purpose in this economic emergency and help those 375,000 people 
that this administration pushed off the employment cliff and the 
economic cliff in this country last month.
  Mr. BOEHNER. Mr. Chairman, I rise in opposition to the amendment.

[[Page 1071]]

  Mr. Chairman, I really do not know where to begin. I have been around 
the political arena for the better part of 20 years, and I have seen 
every political stunt that I think there is; but I have never seen a 
more cynical attempt to exploit American unemployed workers for 
political gain.
  Now, let us talk about the facts that are contained in the 
gentleman's amendment. The gentleman's amendment would create a new 
program within the Community Services Block Grant program. This is 
nothing more than an authorization. It has no money attached to it. The 
Community Services Block Grant program helps poor people in all of our 
communities across the country. They have no capability to pay out 
unemployment benefits. So we have only here an authorization for a 
program that cannot deliver the funds. And if they were to deliver, it 
would take years to implement such a system. Yet there is no money that 
has been appropriated to actually pay these.
  Now, these are the kinds of political stunts that occur in the middle 
of even numbered years divisible by four. But to exploit American 
workers here in the House of Representatives is wrong, and the 
gentleman fully well knows that unemployed workers will wait years to 
get their extended unemployment benefits under the language that is 
being offered here today.
  Mr. Chairman, I might add that last March this Congress provided $8 
billion additional to the States for the extension of unemployment 
benefits, $8 billion. As of January of this year, the States were 
sitting on $5.4 billion of that money. The States were sitting on it. 
Thus, if you look at nearly 2 years since Congress provided this $8 
billion in Federal funds, States have spent less than half of this to 
assist unemployed workers. A total of 45 States still have some of 
their share of the original $8 billion. 31 States, 31 States still have 
over 90 percent of the money that Congress allocated to them still in 
their accounts today.
  Now, what we ought to be doing is encouraging the States to take care 
of those who have extended unemployment problems. But my colleagues 
know and all the Members ought to know that this is not the way to do 
it and that this is nothing more than a hollow, empty promise, 
exploiting American workers for political gain; and I do not think this 
Congress is worthy of that kind of gamesmanship.
  We as a House ought to stand up and say no. If we want to have a 
debate about extending unemployment benefits and to help those who are 
in need and looking for a job, then let us have that debate. But this 
is not the place to do it, and the gentleman knows this is not the 
place to do it.
  Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman 
yield?
  Mr. BOEHNER. I yield to the gentleman from California.
  Mr. GEORGE MILLER of California. When would we have that debate? When 
is that bill coming to the floor? Why did it not come to the floor just 
before we went home for Christmas? Why did it not come to the floor 
before these people fell off the edge?
  Mr. BOEHNER. Mr. Chairman, reclaiming my time, over the course of 
this debate I am sure that my colleagues from the Committee on Ways and 
Means that have jurisdiction over the extension of the unemployment 
benefits and the unemployment program will be here to handle that 
debate. But to hold up the Community Services Block Grant program, a 
program that helps the community action agencies in all of our 
communities, helps them with their assistance to the poorest of the 
poor, to hold it up over this kind of a political stunt, I think, is 
regrettable. It does not deserve the support of our colleagues.
  Mr. HINOJOSA. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, I wonder if the gentleman who just spoke from the State 
of Ohio knows that an estimated 57,000 residents in his State are 
likely to exhaust their State unemployment insurance compensation, 
leaving them and their families without a paycheck or benefits.
  Mr. Chairman, I rise in strong support of the Miller amendment. 
Before Christmas 2003, this Congress adjourned without providing any 
relief for the more than 2 million workers whose unemployment benefits 
have or will soon expire.
  In my home State of Texas, during the next 6 months, over 125,000 
workers will lose these critical benefits and have no means by which to 
support their families. The number of unemployed Texans expected to 
exhaust their regular benefits without being able to receive further 
assistance will be the second highest on record for the months of 
January through June 2004.
  These workers do not want government handouts. They simply want a 
job. But since there are 2.4 million fewer jobs to be had because of 
the failed economic policies of my colleagues on the other side of the 
aisle, the least we can do is provide these workers some financial 
assistance to tide them over until the promised job growth occurs.
  American workers deserve the security of knowing that these important 
unemployment benefits will be available to them and their families 
through the rest of this year. I urge my colleagues to do the right 
thing and support the Miller amendment.
  Mr. HAYWORTH. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise in opposition to this amendment. I appreciate 
the comments of my friend from Ohio who preceded me.
  Mr. Chairman, just to inform my friends on the left, if they want to 
ask about the number of unemployed in the State of Arizona, and am I 
aware of it, you bet I am. I also should point out for the record that 
our Democratic Governor in Arizona vetoed last year an unemployment 
bill to put to use some of the $8 billion in extended unemployment 
benefits available to Arizona and the other 49 States. I would remind 
this House, to amplify what my colleague from Ohio pointed out, as of 
last month, more than $5.4 billion in unemployment benefits still 
remains available.
  Mr. Chairman, I was surprised that our Governor chose to veto that 
bill, supported by labor and by business to deal with economic needs in 
the State of Arizona. So I am well aware of what is happening in my 
home State.
  I am well aware too in this House of another division. My friend from 
California asked where was the compassion. Mr. Chairman, this points 
out a fundamental difference. If you measure compassion by the number 
of people who stay on unemployment, I think that is a curious standard, 
because Mr. Chairman, compassion is not measured by the number of 
people who remain on unemployment and collect those checks. True 
compassion is measured by the number of people who leave unemployment 
and find real, rewarding jobs.
  Expounding on my friend from California's statement, who asked where 
was the compassion when jobs are lost, a couple of points.
  Mr. Chairman, just up in the Subcommittee on Forests and Forest 
Health, we heard from union members, we heard from some of my fellow 
Arizonans who were in attendance, we heard from others across the West 
and across this country about jobs that have been lost because some in 
Washington thought it was more important to move away from a policy of 
balance when it comes to resource-based industries, and to support in 
another branch of government court cases that actually shut down the 
ability of people across this country to utilize the renewable resource 
of timber and, sadly, that resulted in catastrophic fire, not only in 
my State, but in the gentleman's home State of California.
  I do not believe it is compassionate to get rid of those jobs. I am 
sorry my friend was not in attendance at that particular meeting. I am 
sorry many of my friends on the minority side were not in attendance at 
that particular encounter, because we continue to talk about restoring 
jobs and positive policies.
  But we do have a fundamental difference, Mr. Chairman. And to my 
friends who measure compassion by the continuation of benefits on 
unemployment rather than taking actions to create new jobs, well, I 
think we understand how they are going to vote on

[[Page 1072]]

this amendment, although for the record I would point out this does not 
really improve the unemployment benefits. It sets up a further 
administrative program, a new grant program, I guess more make-work-
for-Washington bureaucrats, without the money necessary, and, by the 
way, with over $5.4 billion still sitting there in the unemployment 
program that the 50 States have not utilized. But I suppose if we want 
to grow government, this would be the action to take.

                              {time}  1645

  So, Mr. Chairman, spare us the false compassion, spare us the false 
compassion of preening and posturing and creating a new grant program, 
and finding some thin sliver of germaneness, when the real issue here 
is the fact that we have seen in the last year the biggest December 
drop in long-term unemployment in U.S. history: 146,000 going from the 
rolls of long-term unemployment to jobs. That is the real way we get 
this done.
  Mr. Chairman, I would say to my colleagues, reject this amendment, 
support true compassion, which is putting people to work with real 
jobs.
  Mr. BLUMENAUER. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. Chairman, I appreciate that my good friend from Arizona is 
concerned about those 23,000 residents of Arizona who are likely to 
exhaust their State unemployment compensation. But I am a little, I am 
a little concerned that what we are having here today is a debate that 
sort of misses the fundamental point.
  I do not think the gentleman from California (Mr. Miller) would have 
chosen this vehicle and this approach if we were actually able, on the 
floor of the House, to have an honest debate on the simple act of 
extending the unemployment. We tried to do that repeatedly before the 
holidays, but the House does not operate that way anymore. We do not 
permit a bipartisan effort to come forward with major public policy 
issues that actually have broad bipartisan support on both sides of the 
aisle. That was never permitted to come forward.
  I appreciate the gentleman from California's creativity at least in 
bringing forward an opportunity to spotlight the needs of these 
Americans who, with all due respect to my friend from Arizona, I do not 
think we encourage them by starving them off the rolls, by arbitrarily 
limiting it. I do not think that is compassion.
  I come from a State that has had serious unemployment problems. We 
have been at the top 3 for most of the last 2 years; an uncomfortable 
portion of those 2 years at number one in the country. It is not that 
we have not been creative in terms of moving people off welfare. We 
were doing it far before the Federal Government was doing it over the 
course of the last 5 or 6 years. We are proud of that effort. We are 
proud of efforts at job retraining.
  The simple fact is, this is a serious patch for the people in the 
Pacific Northwest, in Oregon, in Washington, in California. My friend 
from Arizona I think needs to take a look at what happened with that 
drop in unemployment. It was not that there were new jobs created; it 
is because people gave up. They were discouraged. There were not jobs 
available. And we are going to cut them off.
  Well, I think if we are serious about creating jobs, we have a 
bipartisan bill in our committee, in the Committee on Transportation 
and Infrastructure, that would actually put hundreds of thousands of 
Americans to work in a matter of weeks, rebuilding crumbling bridges, 
dealing with transit, dealing with roads. We are ready to go. But this 
administration is not interested. In fact, they have sent signals that 
if we even had this bipartisan bill that would put hundreds of 
thousands of people to work doing important things, if we brought it 
forward, they are threatening to veto it.
  I would suggest, Mr. Chairman, that we need to stop, and my friends 
talk about hypocrisy. Well, I think there is some hypocrisy here. If we 
could actually legislate on the floor in a bipartisan fashion, we could 
deal with this directly and there would be an overwhelming vote to 
extend unemployment benefits. We ought to deal meaningfully with 
creation of job opportunities like transportation and infrastructure. 
We ought to move forward, not having the rhetoric of the President that 
he is concerned about job training and offer a few million dollars, and 
then have a budget that cuts job training even more. Today, in the 
Committee on International Relations, we had a hearing that dealt with 
the problems with people with the L-1 visas that are coming in and 
taking jobs of Americans and, in fact, having the indignity of 
Americans training their replacement from overseas in an abuse of that 
program.
  I think we can stop the hypocrisy. We can move forward with simple, 
commonsense things that are supported by the American people that, if 
we were allowed to legislate, would get bipartisan support. We ought to 
start with the Miller amendment today. Hopefully, that will be a signal 
that we ought to stop the games. We ought to do it in a forthright 
fashion, and then follow up with transportation investments, follow up 
with meaningful tax reform like the alternative minimum tax that would 
take care of middle-class Americans, and do it in a system that I think 
men and women on this floor would like to do.
  I sincerely hope that this vote in favor of the amendment today will 
be a signal to our friends in the Republican leadership to allow us to 
debate in a bipartisan way solving problems, extend unemployment, 
invest in America's future, and meaningful tax reform that will make a 
difference for American families.
  Mr. HERGER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in opposition to the Miller amendment. This 
amendment would authorize an indeterminate amount of extra funds under 
the Community Service Block Grant program for States to use for more 
extended unemployment benefits. I stress that these funds would be 
authorized, but not appropriated. So everyone listening to this debate 
should know that this bill would have no effect, even if it were signed 
into law. It would require another bill, a supplemental appropriations 
bill, to actually make good on this supposed promise. The chances of 
that happening are about zero, and here is why.
  In March of 2002, Congress provided States a record $8 billion in 
additional funds they may use to help unemployed workers. Never in our 
history have we provided more flexible Federal funds to the States to 
help the unemployed. According to the Department of Labor and based on 
reports from the States, as of December 31, 2003, States still had more 
than $5 billion of this $8 billion left over to assist the unemployed. 
Let me repeat that. Almost 2 years later, the States had $5 billion 
left over, and almost every State still has at least some of this 
Federal money left. Thirty-one States, including major States like 
Arizona, Connecticut, Florida, Georgia, Iowa, Kentucky, Louisiana, 
Maryland, Maine, New Jersey, Ohio, Oregon, Pennsylvania, South 
Carolina, Tennessee, Washington, and West Virginia have more than 90 
percent of their money left. Just for the record, California has 88 
percent of our money left, or some $800 million.
  Mr. Chairman, this Congress has provided generous assistance for the 
unemployed. In fact, we have provided extended benefits at unemployment 
rates well below the unemployment rate when the Democrats ended a 
similar extended benefits program in the 1990s. We have provided States 
record flexible funds to help the unemployed. I suppose the fact that 
States still have billions of that money left is lost on the other 
side.
  Mr. Chairman, let us reject this amendment.
  Mr. ANDREWS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I would like to thank my friend, the gentleman from 
California (Mr. Miller) for bringing this amendment to the floor.
  Mr. Chairman, for most of the day in this debate we have been 
debating the

[[Page 1073]]

so-called faith-based initiative in this underlying grant program. It 
occurs to me that the Bush administration and the majority's 
unemployment relief program is a faith-based initiative. What they are 
saying to the unemployed workers of this country is, ``Have faith, 
things will get better.''
  Saturday was the last day of January. For many of us it meant 
flipping another page over on the calendar or anticipating the Super 
Bowl game the next day. But for 375,000 Americans who used to work in 
steel mills or shipyards or auto plants or tech firms or retail stores, 
it meant that the next day was the beginning of one of the most anxious 
periods in their lives because, for them, this is the first week where 
there is no income at all. The mortgage payment does not stop. The 
insurance payments do not stop. The utility bills do not stop. The need 
to pay the grocery bills does not stop. But the one check that was 
coming into their house stopped on Saturday. And what the majority is 
saying is, Have faith, our job creation program will save the day.
  For the first time since Herbert Hoover was President, this 
administration will chalk up more jobs lost than gained in its 4-year 
term. Have faith. There is this $5.4 billion that is sitting out in the 
States. Have faith that someone will find a way to use it. I say to my 
colleagues, that is exactly the point as to why the Miller amendment is 
needed. The $5.4 billion is sitting there, but the people who have 
exhausted their unemployment benefits are not eligible to receive it, 
because under the laws of the plan, they cannot receive any more 
benefits. Have faith. Their faith is in us to change the law so that 
they become eligible for those benefits.
  Now, there are those who will say, well, they ought to be put back 
out on the labor market; it will help the economy. It will force down 
wages if more people flood into the labor market and go to work that 
way. There are jobs there. Look at the want ads. It is all people have 
to do.
  Mr. Chairman, these are the people that President Bush came to this 
House and talked about needing a new job training program, because the 
steel mill they used to work in is not open anymore, and they need to 
get trained to work in a whole new field that they have no training 
for. These are the people who worked for the tech boom companies that 
either do not exist or exist in Asia today, and they need new training. 
This needs to be more than a faith-based initiative. This is a modest 
but necessary proposal, to say to people who are out there, trying hard 
every day to find the next job, that we will provide them with a meager 
bridge to that future, enough to just hang on so maybe that their next 
trip is not to the bankruptcy court.
  I heard my friend talk about compassionate conservatism. This 
administration is neither compassionate nor conservative. An 
administration that is borrowing $30 for every $100 that it spends more 
is not conservative. And an administration that is turning its back on 
the 375,000 working Americans who lost their benefits last Saturday 
sure is not compassionate.
  We heard about germaneness, that this bill belongs under a different 
committee. Well, by all means, let us bring it up under the right 
committee and vote on the funding. This is the only way, because of the 
creativity of the gentleman from California (Mr. Miller), that this 
bill could be brought to the floor.
  Be compassionate, and be conservative. Vote in favor of the Miller 
amendment.
  Mr. BRADY of Texas. Mr. Chairman, I move to strike the requisite 
number of words.
  If you ever wonder why the American people have lost faith in 
politicians, all you need to do is look at this amendment. It is very 
disappointing. It is a cynical political stunt that hurts the 
unemployed in America, and it is shameful.
  The fact is, this leadership amendment by our Democratic friends does 
not extend unemployment benefits to even one American. It does not help 
even one American. That is because they do not use our unemployment 
insurance fund, the one we help people with. They say, we will create a 
new program out of an agency that does not even deal with unemployment. 
It will take months, years, whatever, to set it up, but we are trying 
to make a plumber do brain surgery, and we will convince you this will 
help you. Everyone in this room knows this is false.
  One would think if something was important, one would put money 
toward it, but this amendment does not even have a dollar, not even $1 
allocated to back it up. Nowhere in this bill. And I would challenge 
anyone in this room to just point to the part of the amendment that 
includes the dollar amount we are going to provide for those who are 
unemployed.

                              {time}  1700

  The answer is you cannot find it because there is not a dollar, 
nothing to help the unemployed in this amendment. We know that people 
have lost jobs, which is why this Congress sent to the States an 
unprecedented $8 billion to help people who are out of work. Since 
then, in the 2 years since we have done that, States still have most of 
that money left, $5.5 billion. Forty-five States still have money left. 
Most of them have 90 percent of what we sent to help people who are out 
of work. They have not spent it yet.
  The fact of the matter is that people did lose their jobs; Congress 
responded in a big way. The States have these dollars. And this 
amendment does nothing to help the unemployed. My thought is the last 
thing unemployed workers need is a false promise, an empty shelf, an 
amendment that accomplishes nothing but try to score political points 
off the backs of those who are unemployed. This is a cynical, political 
stunt that has no place in this Congress.
  Mr. CARDIN. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, to my friend from Texas I would invite him to join as a 
cosponsor of the bill that I filed along with the gentleman from New 
York (Mr. Rangel), the gentleman from Michigan (Mr. Levin), and the 
gentleman from California (Mr. George Miller) that extends unemployment 
benefits through the jurisdiction of our committee. But I have not 
noticed his support for that legislation.
  Mr. Chairman, many of my colleagues have asked where is the 
compassion. My question is where are the jobs. Last month we bragged 
about the growth of employment and we created 1,000 new jobs. Now, that 
is one new job for every 8,400 unemployed Americans. And we are 
surprised that people cannot find jobs in our community; 3 million 
fewer private sector jobs now than 3 years ago. Many people have given 
up hope because there are no jobs there.
  Now, questions have been asked about can the States not take care of 
this. After all, we made a retransfer of funds, which we do on regular 
occasions, in order for the States to have money in their basic 
programs to help people who are unemployed and can keep a modest tax 
for unemployment benefits. If, in fact, they spent the $5 billion, 
which has already been obligated, it would trigger in many of our 
States tax increases. I do not want to do that.
  The Federal unemployment trust fund was established for the purpose 
that it is a national responsibility in tough economic times to provide 
extra unemployment benefits to people who cannot find jobs. It is a 
Federal responsibility, not a State responsibility for good reason in 
that the economic conditions around the Nation are different. Some 
States may be able to respond, but it is States that are the hardest 
hit that need the help from the Federal Government.
  That is why we established a Federal unemployment trust account, and 
we have $20 billion in that fund just for this purpose.
  That raises the question why are we using this bill as a vehicle in 
order to provide unemployment benefits for people who are unemployed. 
And the reason, quite frankly, is that the majority will not give us 
any other opportunity. Yes, I would prefer to be speaking on the bill 
that was filed that uses

[[Page 1074]]

the funds in the Federal unemployment trust accounts to pay for these 
benefits.
  The gentlewoman from Oregon (Ms. Hooley) is on the floor. If my 
colleagues would sign her discharge on the rule, we will be able to 
bring that bill up. We are only a few Members short on that. But the 
majority will not give us that opportunity.
  So I congratulate the gentleman from California (Mr. George Miller) 
for giving the membership the opportunity to vote on the issue now. 
What does this bill do? It follows regular order, the regular rules of 
this body by establishing an authorization for a program, clear 
indication to our appropriators that we want it funded, that we believe 
paying unemployment benefits to unemployed workers, that it is a 
priority of this Congress, and we want it done now. That is what this 
vote is about.
  Do not try to put a smoke screen up here. We brought this issue to 
the floor; we have asked for it many times. We now have the chance for 
a clear vote. And I hope that those who are concerned and believe that 
we should be helping will vote in favor of it. We have now 90,000 
workers exhausting benefits every single week. That is 90,000. This is 
the highest in the history of our Nation.
  A couple of my colleagues have talked about in the 1990s we 
terminated the unemployment benefit program. Yes, when we had created 
enough jobs to make up for what was lost; where the exhaustion rate, 
that is, those who have exhausted State unemployment benefits, was not 
at an all time level. Today that is the highest levels in the history 
of keeping those records. The highest levels. We have not returned to 
the level we were prior to this recession.
  The right thing to do is extend the benefits, and this amendment 
gives us that opportunity.
  I heard one of my colleagues talk about, well, the unemployment rate 
is only 5\1/2\ percent. But understand how we calculate that. The last 
month, 300,000 have given up even looking for jobs because there are no 
jobs out there. They do not count officially in the numbers. But we 
know by the exhaustion rate that we are at the highest possible times.
  So, Mr. Chairman, I appreciate the arguments of my colleagues; but 
when it gets right down to it, it is the needs of the people in our 
districts that are at stake. If you believe we should be taking care of 
the people who are unemployed, that they need our assistance at this 
time, vote for the Miller amendment.
  Mr. BOEHNER. Mr. Chairman, I ask unanimous consent that we limit the 
remaining time on this amendment and all amendments thereto to 30 
minutes equally divided between myself and the gentleman from 
California (Mr. George Miller).
  The CHAIRMAN pro tempore (Mr. LaHood). Is there objection to the 
request of the gentleman from Ohio?
  There was no objection.
  Mr. BOEHNER. Mr. Chairman, I am pleased to yield 3 minutes to the 
gentleman from California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Chairman, I do not believe that members on either 
side of the aisle are mean spirited. I think the Democratic 
Presidential candidates are honorable men. But if you watch the 
debates, they are being pretty mean to each other. And I think on this 
floor between now and November you are going to see a lot of meanness 
and partisanship that is going to come across in political rhetoric. 
That is disconcerting. It is not why we came here.
  According to my colleagues on the other side, Republicans do not care 
about middle-class people. And first of all, there is no such thing as 
a middle-class person. There may be middle income, but to play the 
class card I think is wrong. We care about middle-income folks. We have 
different ways sometimes of getting to them and helping them. But we do 
care.
  I want to tell you that my mother and my father and most of my family 
on both sides are middle income, and we care about their jobs as well. 
And there are other things that we can do. But I think the rhetoric 
that is going on between now and November, I think, the American people 
are going to tune out.
  Do you know how many jobs we lost to fires in California and billions 
of dollars in homes lost and jobs lost? Well, a lot of those jobs could 
have been saved, but we have some people that want to save the 
environment through extreme measures. We wanted to cut brush for the 
last decade that caused a lot of these fires and the firemen not to 
keep up. The firemen asked us to put in roads in our forests so they 
would have access to save those forests, save those jobs, and have a 
safe route out. We lost 23 firemen; 23 firemen killed. They wish they 
had jobs and a job opportunity. But they do not because we were not 
allowed to do that because of environmental movements of many of the 
Members on this floor. And that is wrong.
  How many gnat catchers and endangered species do we have in the 
moonscape in California right now? Look at it. It looks like a moon. It 
looks like a desert.
  We had a lot of people killed and a lot of jobs lost. And that is 
wrong. Now, I am not saying it was intentionally done, but for 
political reasons or whatever it is, there is a lot of ways in which we 
can come together. But the distance you are going to put between the 
parties between now and November for this kind of tactic I think is 
wrong.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield for the 
purpose of making a unanimous consent request to the gentleman from 
Texas (Mr. Green).
  Mr. GREEN of Texas. Mr. Chairman, I rise in support of this 
amendment.
  Mr. Chairman, I rise today in support of the amendment from my 
friend, Mr. Miller, that would extend temporary unemployment benefits 
for America's unemployed workers.
  It is shameful enough that Congress went home during the height of 
the holiday season and left many unemployed workers with no where to 
turn. Yet, it's been over a month since these benefits expired. And 
each week, approximately 80,000 more unemployed workers feel the 
stinging effects of our inaction.
  The Republican leadership will tell you we don't need to extend 
temporary unemployment benefits because the stock market is up, the 
economy is rebounding and jobs are being created. Tell that to the half 
a million unemployed workers who've exhausted their benefits since 
December 31. The Republican argument simply doesn't pass the laugh 
test.
  In the past five months, this country has seen net job gains of only 
56,000. Any only 1,000 jobs were created in December. It is clear from 
these numbers that whatever economic growth we are experiencing is not 
translating into jobs.
  Mr. Chairman, when this worthwhile program was created, unemployment 
stood at 5.7 percent and the President's net job loss numbers totaled 2 
million.
  The latest numbers show that unemployment is still at 5.7 percent, 
and net job loss has increased to 2.3 million. These numbers tell the 
true job growth story.
  And no amount of economic rhetoric can convince me that America's 
unemployed workers aren't in need of 13 additional weeks of 
unemployment benefits.
  The American worker needs our help.
  I urge my colleagues, let's do right by America's unemployed and pass 
this crucial amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield for the 
purpose of making a unanimous consent request to the gentleman from New 
York (Mr. Owens).
  Mr. OWENS. Mr. Chairman, I rise in support of the amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield for the 
purpose of making a unanimous consent request to the gentlewoman from 
California (Ms. Solis).
  Ms. SOLIS. Mr. Chairman, I rise in strong support of this amendment.
  Mr. Chairman, each week, over 90,000 workers are losing their 
unemployment benefits. Many of these workers are from my district in 
East Los Angeles and the San Gabriel Valley, where unemployment remains 
as high as 10 percent in some areas.
  Without a paycheck and without jobless benefits, these workers are 
struggling to put food on the table. They're looking for jobs, but the 
jobs aren't there.
  Only 1,000 new jobs were created nationwide in December, well below 
the 300,000 that President Bush had promised his tax cuts would create.

[[Page 1075]]

  The number of unemployed and without jobless benefits doesn't even 
include the more than 70,000 grocery workers in Southern California 
that have been out of work since a labor dispute erupted there more 
than 4 months ago. These workers are fighting to maintain affordable 
health care and fair wages. Without a paycheck and without jobless 
benefits, they, like the long-term unemployed, are struggling to make 
ends meet.
  It's an outrage that Congress left town last December without 
extending unemployment benefits.
  Let's not repeat this mistake. Extend unemployment benefits and 
support the Miller Amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentleman from New York (Mr. Rangel), the ranking member of the 
committee.
  Mr. RANGEL. Mr. Chairman and my colleagues, I rise in support of the 
Miller amendment, but I am a little surprised that my Republican 
friends believe that we do this for political reasons and that this is 
not the place to have political goals in terms of protecting our 
constituents.
  I would be the last one to say that the President of the United 
States wants to go to war for political reasons. I think it is an 
interest in steroids when he made this a priority in the State of the 
Union and was not political, and the fact that he wants to make 
permanent tax decreases for the rich. All we are trying to do is say 
that there is a difference between Republicans and Democrats. And we 
are concerned and will do everything that we can to try to bring some 
comfort to those people, the 9 million people who are without jobs. It 
means that they lose self-esteem, they lose the ability to take care of 
their families, some have lost their homes.
  And I think that whether you are a Republican or a Democrat, this 
should be a priority. It is okay to talk about how the stock market is 
going, but it gives small comfort to people that have not been able to 
have respect and dignity and be able to work.
  Now, some of my colleagues are saying that the people that we are 
giving unemployment assistance to, that these people will not be 
seeking employment. They know that is untrue, and they know they say 
that, too, for political reasons. But do not make politics such a dirty 
word.
  We had an election where a President received less than the popular 
vote. There is a reason for it, and we want to make it clear in this 
House of Representatives, where we are elected, the difference between 
you and us.
  So do not be offended by it because we will be talking about 
education, about health care, about veterans benefits, about the 
deficits that you have driven this country into, and we will be talking 
about a war that we should not be involved in too. So when you say 
politics, be very kind and put sugar on the words because sometimes 
your next speaker may have to swallow the very same words that they 
spoke on this floor.
  Mr. BOEHNER. Mr. Chairman, we will reserve the balance of our time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield for the 
purpose of making a unanimous consent request to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, because of the 125,000 
unemployed without employment benefits in Texas, I rise to support the 
Miller amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes 
to the gentlewoman from Oregon (Ms. Hooley).
  Ms. HOOLEY of Oregon. Mr. Chairman, Oregon has had the dubious 
distinction of being the number one State for unemployment. We lost 
more than 57,000 jobs. I think people need to be reminded that 
unemployment benefits do not pay their full salary. This is a bridge 
from one job to another. And when people go out and cannot find a job, 
they need that bridge.
  I was talking to one woman. She is in her 50s. She has worked her 
entire life. She was laid off. She has looked for a job every single 
day. She had to sell her home to be able to support herself and her 
family. A gentleman just a week ago I was talking to said he is 52; he 
has got a daughter who is an honors scholar in high school. He would 
like to see her go to college. Now he is afraid about losing his house 
and how he is going to support his family.
  These benefits are not used for luxury items. They are needed to pay 
the rent and mortgage, buy food, pay utility bills.
  The President has talked about marriage promotion programs costing 
billions of dollars. But it is scientific fact that poverty and 
homelessness directly increase the rate of divorce. Therefore, 
unemployment benefits, which keep families experiencing temporary 
hardships off the street until they find a job, should be considered 
the best marriage promotion program of all. Yet these benefits have 
been ignored by this Congress and this administration.
  Some have raised concerns that extending unemployment benefits would 
bankrupt the system. Yet there is money in the bank to be used only for 
this purpose. There is not a legitimate argument toward not extending 
these unemployment benefits. This is a no-brainer. Vote ``yes'' for 
this amendment.
  Mr. OSBORNE. Mr. Chairman, in the absence of the gentleman from Ohio 
(Mr. Boehner), I recognize myself for 3 minutes.
  Mr. Chairman, I have been here all afternoon. I know the chairman of 
the committee has been here all afternoon. The main reason we have been 
here is we would like to see H.R. 3030, the Community Service Block 
Grant Act of 2003, passed.

                              {time}  1715

  I think most people here believe this is a good bill. It does provide 
needed services. There was a dust-up over the faith-based provision, 
but I think for the most part people are supportive.
  We already have an unemployment compensation system. This amendment 
creates a new grant program. It creates a second system operated 
through Health and Human Services instead of the Department of Labor. 
What this amendment will do, it will certainly confuse consumers. It 
will splinter resources. It will weaken an already good bill. And 
furthermore, there is no money to fund the amendment. We would have to 
go through the appropriations process separately.
  The amendment, in addition, is inconsistent with services provided 
under CSBG provisions. CSBG provides grants to States, not to 
individuals directly. So we have an entirely new system here and it 
alters the entire nature of the program.
  Lastly, let me say something that is little bit controversial. I do 
not try to be partisan. I do not try to be controversial, but there are 
some numbers thrown around here about unemployment and I think that 
certainly many of those are accurate, many of them are very justified. 
However, we seldom hear the figures I am going to quote.
  During 2003 we went from 137,447,000 jobs in the United States to 
138,479,000 jobs, from January 2003 to January 2004. The unemployment 
rated dropped from 5.8 to 5.7. We would like to see it down at 2 or 3 
percent, but it is dropping and it will probably continue to drop. So 
we feel that some folks that have lost their jobs have become 
entrepreneurs. Some have gone into business for themselves.
  We understand the problems that the other side is trying to address. 
We simply do not believe this is the vehicle to do it. We would like to 
see the bill passed. We think that people need it, and we think that it 
is a well-written bill and I think will command widespread support, but 
this amendment certainly does not enhance the bill in any way.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes 
to the gentleman from Michigan (Mr. Levin).
  Mr. LEVIN. Mr. Chairman, the majority says ``This is not the way'' 
when you stand in the way. You say, the majority, the jobs are the 
answer, when under your dominion we have lost 3 million jobs in this 
country. You talk about this being a political ploy. No. What it is is 
an effort to force your

[[Page 1076]]

hand, to lose your iron grip on unemployment compensation.
  In the 1991-1992 recession, just 10, 12 years ago, the program ended 
after the creation of 3 million jobs, so people could find a job. Now 
you have ended this program when there has been a loss of 2 million 
jobs.
  So you say the READ Act. That $8 billion went to the States to pay 
regular State 26 weeks of benefits, not to extend the benefits program 
that is the Federal extended benefit program.
  So let me just say to every Member here who votes no on this 
amendment, it will be interpreted appropriately as a vote ``no'' 
against the millions of unemployed people in this country, the 375,000 
every month who are exhausting their benefits. Vote ``yes.''
  Mr. OSBORNE. Mr. Chairman, I yield 5 minutes to the distinguished 
gentleman from California (Mr. Dreier).
  Mr. DREIER. Mr. Chairman, I rise in strong opposition to this 
amendment.
  Let me first of all thank the gentleman from Nebraska (Mr. Osborne) 
for his work on this very balanced measure that came forward from the 
committee chaired by the gentleman from Ohio (Mr. Boehner). It is a 
bipartisan measure. I am convinced at the end of this day that this 
bill itself will enjoy bipartisan support; but I have been told, I have 
not followed the debate completely, but I have been told that a number 
of people have been raising concern about the fact that we are not 
giving the minority an opportunity to have a chance to discuss the 
issue of unemployment insurance.
  Well, I would ask rhetorically, what is it we are doing right now? 
Obviously, we are considering this measure under an open amendment 
process, allowing an opportunity for this issue to be addressed. Let me 
also say that as we look at the overall question of extending 
unemployment, it seems to me that we need to realize that during the 
Clinton administration, when we saw an unemployment rate at 6.4 percent 
in 1994, we saw an end to the benefits that we are talking about right 
here. In years past, a 6-percent level of unemployment has 
traditionally been considered full employment.
  Now obviously every single one of us is concerned about the fact that 
there are people in this country who are looking for a job, who have 
not been able to find a job. We want to do everything that we possibly 
can to encourage them. We want to do everything that we possibly can to 
help them. And, quite frankly, the Community Services Block Grant 
structure that is being put into place and extended through this 
legislation, I believe will go a long way towards providing assistance 
to those who truly are in need. But it is very clear, if you look 
historically at what a constant, blind extension of unemployment 
insurance often creates, it does in fact create a disincentive for many 
people who should be looking for job opportunities from doing just 
that.
  I happen to believe that as we look at this measure today, we are in 
a position where the proposal before us does not even go under the 
structure that has existed in the past for unemployment insurance. This 
notion of taking this issue and transferring it to the Department of 
Health and Human Services I believe is misplaced, and I believe that 
there should, in fact, be an opportunity for us to take a closer look 
at this.
  We are seeing very positive indicators of improved economic growth. 
Mr. Chairman, we are seeing very positive indications right now that 
good jobs are being created. Now, we know that the level has dropped 
from 6 percent down to 5.7 percent, again, many tenths of a percent 
below what it was in 1994 when we saw an end under the Clinton 
administration of these benefits being provided. But we also know that 
the gauge for determining unemployed is somewhat different. We need to 
look, I think along with the traditional level of job creation, we need 
to look at the Household Survey that is conducted by the Department of 
Labor. The Household Survey itself takes into consideration some very 
important factors: those who are self-employed. And, quite frankly, 
according to the Household Survey, since November of 2001 we have seen 
the creation of 1.9 million new jobs in this country.
  Now, I believe there are other steps that can be taken which will 
help create greater opportunity. The issue of global trade, I know, is 
a hotly debated and often controversial one. This administration and 
many of us in a bipartisan way in this Congress are working hard to try 
to pry open new markets for U.S. goods and services worldwide. I 
believe that will help us in our quest to address this issue of 
unemployment that is there.
  So we have a great opportunity to continue bold, strong, dynamic 
economic recovery. This amendment does not help us in that quest at 
all.
  Let me say that I do believe as we look at this issue going down the 
road, it will be very important for us to sustain the economic growth 
that is there today. And the establishment of a new program, the 
establishment of a new program will do nothing but hurt our quest to 
get this economy going. And so I thank, again, my friend for his 
leadership and yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes 
to the gentleman from Washington (Mr. McDermott), a member of the 
Committee on Ways and Means.
  Mr. McDERMOTT. Mr. Chairman, the chairman of the committee comes out 
here and says he is confused. I will tell you what to do. Pick up the 
phone, call the President and tell him if he does not deal with this, 
he is going to meet it at Election Day.
  There are millions of people who are losing their benefits, and what 
they are getting from this administration is, hey, everything is going 
well. The stock market is going up. What is the matter with you people? 
But the Labor Department says, 3 people looking for every job available 
in this day.
  Now, we hear all kinds of dust thrown in the air. There is $5 billion 
sitting out there somewhere. The fact is that Illinois, Minnesota, 
Missouri, North Carolina, New York, and Texas are borrowing money in 
their regular unemployment program. Never mind the extension of 
benefits. They are borrowing. That is where that $8 billion went 
before. It is gone. And now you say, well, you know, geez, if things 
are getting better, now that people are off work, some of them are 
picking up bottles and they are taking them in and they are getting 
maybe a tenth of a cent for a can.
  Yes, there are a lot of people out there, but the CBO says that when 
people do not get unemployment benefits, 50 percent of them go into 
poverty. Fifty percent. That is what our President wants.
  Now, wait for those ads that come out in the fall. The compassionate 
conservative President of the United States said to the unemployed, Why 
do you not get a pointy stick and pick up garbage in the park or 
something?
  Mr. President, we are looking for you to do something.
  Vote ``yes'' on the Miller amendment.
  Mr. Chairman, what has this President, what has this Administration, 
what has this Congress come to?
  Ordinary Americans are being forced to beg for help.
  Across this great country, ordinary Americans are drowning in the 
President's economic policies. They need a lifeline. That's all the 
extended unemployment benefits program provides.
  Today, America faces a soaring budget deficit and a terrifying 
employment deficit. Average Americans can't find work and can't find 
compassion from this Administration.
  The President wants to extend tax benefits to the rich, but won't 
extend unemployment benefits for average Americans.
  Under this Administration, we've moved from an economy that includes 
all Americans to an agenda that precludes average Americans.
  375,000 workers exhausted unemployment benefits last month, the 
highest single month number in history. What do we say to these people? 
Good luck.
  In my home state of Washington, 82,000 people will lose all benefits 
by June. That's on top of the thousands of people who have already 
exhausted their benefits. What do we say to these people? Well, the 
stock market is up--what's your problem?
  Under President George Bush a dozen years ago, this Congress and that 
President

[[Page 1077]]

enacted a temporary federal unemployment program to help workers 
through the 1990-91 recession. The program lasted almost a full year 
after the job deficit created in the recession was erased.
  Under President George W. Bush, America has a 2.5 million-job 
deficit, but the extended benefits program ended at Christmas by a 
President who believes in arrogance, not compassion.
  The President and Republican leaders say the economy is growing and 
nothing needs to be done. Nothing could be further from the truth.
  The economic growth that has occurred has been with few jobs and 
fewer prospects. One thousand jobs nationwide grown in December by the 
Bush economic debacle.
  America needs to grow 175,000 jobs per month, every month, for the 
next year, just to get back to where we started. Just to shrink 
America's employment deficit to zero.
  Without unemployment benefits while they find a job, the 
Congressional Budget Office found that almost half of the long-term 
unemployed would be in poverty. We are forcing Americans into poverty.
  What has the President, what has this Administration, what has this 
Congress come to? I stand here and ask: What would a leader do?
  A leader would have the courage to act. Would have the strength to 
act. Would set aside partisan politics to embrace the common good. And 
act on behalf of our fellow man.
  Americans forced into poverty, crushed by a recession they did not 
create and struggling to survive--that is America today for too many 
people from Maine, to Washington, to California.
  America needs leaders. This Congress has at least one. My 
distinguished colleague from California, Mr. George Miller, has offered 
an amendment to extend unemployment benefits.
  I ask that we stand together as Americans and unanimously pass this 
amendment and that the President sign it immediately. Let America have 
something to believe in. And someone to believe in--the people they 
elected.
  I wonder if the gentleman who just spoke from the state of California 
knows that an estimated 314,000 residents in his state are likely to 
exhaust their state unemployment insurance compensation, leaving them 
and their families without a paycheck or benefits.


                Announcement By The Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. LaHood). Members are reminded to 
address their remarks to the Chair.
  Mr. OSBORNE. Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes 
to the gentlewoman from the District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Chairman, I thank the gentleman for yielding me time.
  How can we possibly pass the Community Services Block Grant to aid 
the poor, and leave the people who are being made poor by the jobless 
recovery with nothing?
  I agree with the gentleman from Arizona who said the remedy for this 
is jobs. Why do you think we are on the floor? Because this economy has 
not been forthcoming with jobs. Some of us cosponsored a bill for a $50 
billion program for jobs creation, almost all of this in terrorism 
infrastructure. That never made it to the floor. That was paid for, 
ready to go, terrorism projects infrastructure. So what are we left 
with?
  We have got to do something for those who do not have the jobs that 
the economy has not provided. Look, something very different has 
happened to our economy. This global economy is different. We do not 
understand it, but we do understand the unemployed. We have got to do 
something about the long-term unemployed. That is who we are talking 
about. And the way to do it is to make these benefits available to 
these people who comprise the largest number of people losing their 
unemployment in 30 years.
  It provides a stimulus to the local community in which they live, 
where the businesses are going out of business as well because the 
people do not have jobs. We get 2 bangs for the buck. It is time to 
make it up to these people whom we left with no benefits when we went 
home for Christmas.
  Mr. OSBORNE. Mr. Chairman, we reserve the balance of our time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes 
to the gentleman from Oregon (Mr. Wu).
  Mr. WU. Mr. Chairman, recently I held town hall meetings across the 
congressional district that I am privileged to represent in Oregon. In 
Scappoose on Monday night, the first person to speak was a woman who 
told me that she had been unemployed for a long time. Her benefits had 
run out. She is terrified of losing her health care. And most galling 
for an Oregonian, she is thinking about moving to California and taking 
a job while leaving her children and family behind.
  Oregon has a jobless rate of 7.2 percent. Scappoose, located in 
Columbia County, has an unemployment rate of 10.6 percent. But these 
are not just naked statistics. Each one of these unemployed people 
risks losing their car, their home, of being unable to afford college 
payments or vital health care for their family.
  So today we are called upon to show some compassion and extend 
unemployment benefits. At the end of the same town meeting in 
Scappoose, a fellow got up and asked, ``Who can solve this? Who can 
make a difference in this?''
  He asked a straight question and I gave him a straight answer. If the 
President of the United States picked up the phone and asked for a 
straight extension of unemployment benefits, it would happen this week. 
And I said that before I knew that the Miller amendment would be up for 
a vote today.
  So today I would like to say to the President of the United States, 
it is time to phone home. It is time to phone home so that you feel the 
passion, the anger, and the pain of millions of Americans who have been 
without work for a long time and are now without unemployment benefits.

                              {time}  1730

  I ask for an ``aye'' vote on the Miller amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes 
to the gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Chairman, I agree with the gentleman from 
Washington. In my home State of Illinois, it is estimated that in the 
first half of 2004, 91,928 individuals will have exhausted their 
benefits, with no relief in sight.
  We have heard about the unemployment rate going down, but what we 
have not heard is the way in which the rate is calculated. The real 
deal is that there are so many people not even looking for work, who 
have given up, until that makes it look as though the rate is going 
down.
  The reality is unemployment is sky high. We need relief and we need 
it now. Vote for the Miller amendment.
  Mr. GEORGE MILLER of California. Does the gentleman have any 
additional speakers?
  Mr. OSBORNE. Mr. Chairman, we reserve the balance of our time.
  Mr. GEORGE MILLER of California. How much time do we have remaining?
  The CHAIRMAN pro tempore (Mr. LaHood). The gentleman from California 
(Mr. George Miller) has 4\1/2\ minutes remaining.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes 
to the gentleman from Oregon (Mr. DeFazio).
  Mr. DeFAZIO. Mr. Chairman, we are in incredible denial on the other 
side of the aisle. Once again, it is not needed, not now, not this way.
  Nationwide, 375,000 people will exhaust their unemployment benefits 
this month. In Oregon, by March, 43,000 will have lost all their 
benefits. We hear the unemployment rate is dropping. Yeah, the 
statistic is dropping. We are not creating jobs. People no longer 
qualify for benefits. Well, they do not count as unemployed anymore.
  We heard this extraordinary statement that some have become 
entrepreneurs, some are the modern day equivalent of selling apples and 
pencils on the street corner. Yeah, the entrepreneurs in my district 
are picking up bottles and cans for the five cent deposits, and it is 
really ironic.
  Unlike the tax cuts for the billionaires where we have to borrow 
money from average working people and the Social Security trust fund to 
give tax breaks to billionaires, we do not have

[[Page 1078]]

to borrow money to extend unemployment benefits. Working people have 
already paid the tax. There is $17 billion in the unemployment trust 
fund. All we need is for the majority to allow us a vote to authorize 
spending that money that is on account to help these people in their 
time of desperation and the President to sign the bill.
  Vote ``yes.''
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself the 
remaining time.
  Mr. Chairman, this is an important debate. I appreciate that my 
colleagues on the Republican side of the aisle do not like this bill 
being used for this purpose; but let me say to them, this is the only 
vehicle we have because they will bring us nothing to address the 
unemployment problem in this country and the loss of unemployment 
benefits. We are trying. We are trying on this side of the aisle to use 
any vehicle we have to try to get this Congress to respond to the needs 
of millions of Americans who are at risk of losing or have already lost 
their unemployment benefits, millions of middle-class Americans who are 
working hard, who are about to go in a downward financial spiral that 
leads to chaos in their families, that leads to bankruptcies, that 
leads to the loss of assets, millions of working Americans who play by 
the rules, had a job, worked hard at it, and then through no fault of 
their own they lost it.
  This Congress stands by as 375,000 people lost their benefits in the 
month of January. We knew it was going to happen. We went home for 
Christmas. What kind of Christmas did these people have when they knew 
that their benefits were going to run out? What kind of Christmas did 
these hard-working families have?
  We have heard a lot over the last couple of months about two 
Americas. This is the other America. This is the America without stock 
options. This is the America without vacations. This is the America 
without jobs.
  Most of them have worked their whole lives, played by the rules, 
tried to do it the right way, tried to raise their families; and now 
all of that is at risk, and we sit with $17 billion in the trust fund, 
and they say go to the States. The State of Illinois is out of money. 
The State of Minnesota is out of money. The State of Missouri is out of 
money. North Carolina is out of money. New York's out of money. Texas 
is out of money. California's about out of money, and Arkansas is 
heading in that direction.
  My colleagues do not have a solution, go to the States. What a 
cynical approach. The gentleman from Texas takes the well and says go 
to the States, and his State with 300,000 people in it is out of money, 
is out of money. So his answer apparently is nothing for these 
families.
  I do not get it. I just do not get how this happens to people who 
work all year long, year after year; and then they find out they are 
closing the factory, they are closing the mill, their job has 
disappeared. They run out and try to find another job. They cannot find 
the job. They run from place to place. They send out resumes; they go 
through retraining. They cannot find a job, and then they run out of 
unemployment benefits, and they get to go home to their spouse and to 
their children and say we are going to have to sell the house, we are 
going to have to sell the car, we have lost our health insurance. What 
is this Congress for? What is this Congress for if we are not here to 
try and bridge those people across these troubled waters from 
unemployment to employment.
  I know my colleague is going to say, these people want a job? You bet 
your buns they want a job. They just do not have one in the Bush 
economy. They just do not have the opportunity.
  Mr. BOEHNER. Mr. Chairman, I yield myself the balance of our time.
  Mr. Chairman, we are debating the Community Services Block Grant 
reauthorization program that funds the community action agencies in all 
of our communities to help the poorest of the poor, Meals on Wheels, 
other coordination of social services, to help those that are very 
needy. It is a very important program and a program that needs to be 
reauthorized.
  But out of nowhere, at the 11th hour, we get this cynical attempt to 
talk about extending unemployment benefits. It has no business on this 
bill. As I said before, this is an authorization. There is no money 
attached to it; and for goodness sakes, no unemployed worker in America 
ought to count on anything happening out of this bill because it never 
will be funded.
  The gentleman from California, my good friend and colleague, although 
we do disagree and we are disagreeing today, knows that this has no 
chance of becoming law. We are here scoring political points today at 
the expense of unemployed workers, and I really do think that is a sad 
use for the U.S. House of Representatives, not that there is never 
politics played here, but they are not usually played on the backs of 
the unemployed. I think that is what causes me such distress as I stand 
here today in opposition to the gentleman's amendment.
  Two years ago, when we sent this $8 billion out to the States for 
unemployment out of the Federal unemployment trust fund, we told the 
States they could do a number of things with that money. They could 
increase benefits. They could add additional workers. They could 
increase the amounts or they could extend unemployment benefits for 
those whose were expired.
  As we have heard in the debate today, 45 States have almost all of 
the money that we sent them, 45 States; and so the money is there and 
the States, in my view, are acting to help those people. Why are we 
here?
  Even if this were germane and it were in order, the money would go 
out to the States. The same States that already have the money, would 
they really help any more unemployed workers? The States ought to get 
off their rear ends and help those who need help. We know there are 
people out there whose benefits have run out, and those State 
legislators and those Governors ought to step up to the plate and use 
the money we sent them out of the Federal unemployment trust fund to 
help them.
  In the meantime and back to this debate, this amendment does not 
deserve to be here. This amendment does not deserve our vote. I will 
not vote in a cynical way to try to tell unemployed workers we are 
going to extend their benefits when I know, when I know that this bill 
will never be funded, and this program, even if it were funded, would 
take years and years to actually implement the extension of benefits 
for these workers. It is not fair to them, and playing politics on the 
backs of unemployed Americans is beneath the dignity of this 
institution.
  Mrs. CHRISTENSEN. Mr. Chairman, I rise in support of the Miller-
Woolsey amendment to H.R. 3030 which ensures that Federal funds will 
not be used to support discrimination in hiring and I commend the 
authors for sponsoring it.
  Mr. Chairman, I support and have always supported faith based 
organizations. They have played a major role in the delivery of social 
services in our country, in particular those who have been a part of 
the Congressional Black Caucus's Minority AIDS Initiative.
  But what the White House and the Republicans are trying to do is 
relinquish government responsibility for the safety nets that millions 
of people rely on. More importantly, under cover of supporting the work 
of our faith-based institutions, they are attempting to unravel our 
civil rights by writing into the bill the right to discriminate.
  Mr. Chairman, we need to call this egregious hand that they are 
trying to deal to the American public and say no to weakening our 
safety nets and a big no to discrimination.
  Is there no shame?
  Mrs. JONES of Ohio. Mr. Chairman, I rise to encourage my colleagues 
to extend unemployment insurance benefits for 6 months in an effort to 
prevent over 2 million workers from losing benefits. With the ending of 
the Federal Temporary Extended Unemployment Compensation (TEUC) 
program, jobless workers whose regular, state-funded unemployment 
insurance benefits run out before they can find a job no longer qualify 
for any federal unemployment aid.
  Mr. Chairman, Congress rejected calls for a benefits extension before 
the December holidays, and job growth has since remained anemic. The 
previous unemployment insurance extension expired on December 20. 
Roughly 375,000 people exhausted their benefits in

[[Page 1079]]

January, the largest number in a single month in 30 years, and these 
individuals are receiving neither a paycheck nor unemployment benefits.
  According to an analysis of government data from the Center on Budget 
and Policy Priorities, nearly 2 million unemployed workers are expected 
to be in this situation during the first 6 months of 2004. The Center 
on Budget and Policy Priorities also projected that 2 million people 
will exhaust their benefits between January and June, a record for any 
6-month period for which data are available, if benefits are not 
extended.
  In no other month on record--and in no other 6-month period for which 
data are available--have so many unemployed workers exhausted their 
regular unemployment benefits without being able to receive additional 
aid. The unemployment rate is currently 6 percent in Ohio. In my 
congressional district, in the city of Cleveland, the unemployment rate 
is 13.1 percent--57,191 Ohioans are scheduled to lose their benefits 
over the next 6 months.
  Dear Colleagues, how do you recommend I inform my constituents that 
Congress decided not to extend unemployment benefits? I ask my 
colleagues to join me and support the Democratic substitute.
  The Democratic substitute provides for continued participation by 
faith-based organizations in Community Services Block Grant programs, 
but prohibits religious discrimination with Federal funds. Colleagues, 
Congress has worked to eliminate discrimination since 1964 through the 
enactment of Title VII of the Civil Rights Act of 1964, that prohibits 
employers from discriminating against individuals because of their 
religion in hiring, firing, and other terms and conditions of 
employment.
  How dare we, Members of Congress, allow legislation that will 
discriminate against anyone come before the House floor. Have we 
forgotten what Title VII of the Civil Rights Act of 1964 prohibits 
under religious discrimination: My history reflects working toward the 
Dream that Dr. Martin Luther King had that, ``one day this nation will 
rise up and live out the true meaning of its creed: We hold these 
truths to be self-evident: that all men are created equal.'' My work 
history exemplifies working toward bringing all races together for 
employment, education, and religious beliefs. I have worked with the 
U.S. Equal Employment Opportunity Commission. I will also remind all of 
you that under Title VII of the Civil Rights Act of 1964 for religious 
discrimination:
  Employers may not treat employees or applicants less--or more--
favorably because of their religious beliefs or practices. For example, 
an employer may not refuse to hire individuals of a certain religion, 
may not impose stricter promotion requirements for persons of a certain 
religion, and may not impose more or different work requirements on an 
employee because of that employee's religious beliefs or practices.
   Employees cannot be forced to participate--or not participate--in a 
religious activity as a condition of employment.
   Employers must reasonably accommodate employees' sincerely held 
religious beliefs or practices unless doing so would impose an undue 
hardship on the employer. A reasonable religious accommodation is any 
adjustment to the work environment that will allow the employee to 
practice his religion.
   Flexible scheduling, voluntary substitutions or swaps, job 
reassignments and lateral transfers and modifying workplace practices, 
policies and/or procedures are examples of how an employer might 
accommodate an employee's religious beliefs.
   An employer is not required to accommodate an employee's religious 
beliefs and practices if doing so would impose an undue hardship on the 
employers' legitimate business interests. An employer can show undue 
hardship if accommodating an employee's religious practices requires 
more than ordinary administrative costs, diminishes efficiency in other 
jobs, infringes on other employees' job rights or benefits, impairs 
workplace safety, causes coworkers to carry the accommodated employee's 
share of potentially hazardous or burdensome work, or if the proposed 
accommodation conflicts with another law or regulation.
   Employers must permit employees to engage in religious expression if 
employees are permitted to engage in other personal expression at work, 
unless the religious expression would impose an undue hardship on the 
employer. Therefore, an employer may not place more restrictions on 
religious expression than on other forms of expression that have a 
comparable effect on workplace efficiency.
   It is also unlawful to retaliate against an individual for opposing 
employment practices that discriminate based on religion or for filing 
a discrimination charge, testifying, or participating in any way in an 
investigation, proceeding, or litigation under title VII.
   It is vital that Congress authorizes additional funds under 
Community Services Block Grants to be used to pay for a 6-month 
extension of unemployment benefits. Benefits paid under Community 
Services Block Grants that will be modeled after the Unemployment 
Insurance program that expired for workers exhausting regular 
unemployment benefits after the week of December 20, 2003.
   Mr. Speaker, I ask my colleagues to join me and support the 
Democratic substitute, and vote to provide continued participation by 
faith-based organizations in Community Services Block Grant (CSBG) 
programs, but prohibits religious discrimination with Federal funds.
  Mr. LANGEVIN. Mr. Chairman, in my home State of Rhode Island, and 
throughout the country, Community Services Block Grant (CSBG) funds 
play a critical role in food and clothing assistance for low-income 
families, access to quality child care and other programs to help 
families and individuals achieve self-sufficiency and find and retain 
meaningful employment. Support from such programs makes it possible for 
many adults to overcome the challenges of poverty, return to the 
workforce, provide for their children, and keep their families 
together.
  Because I believe in the mission of the CSBG, to combat poverty in 
meaningful, measurable ways, I strongly support the amendment offered 
by Representative George Miller to H.R. 3030. The Miller amendment, 
which would authorize a 6-month extension of unemployment benefits, 
promotes the antipoverty mission of the CSBG. Rhode Island's 
unemployment rate is near a 7-year high, and thousands of jobs have 
been lost over the last 3 years. I have heard from many of my 
constituents who have lost their regular unemployment benefits and are 
on the verge of selling their car or home just to provide food for 
their families. The President proclaimed that the economy is improving, 
but the paltry 1,000 jobs created in December 2003 are not nearly 
enough to keep up with those who wish to enter the job market. Until 
real job creation occurs, we must help those who wish to enter the job 
market. Until real job creation occurs, we must help those that are 
left behind by providing additional unemployment benefits.
  Finally, I urge my colleagues to preserve these critical programs as 
we reauthorize the CSBG and to guarantee that employees of CSBG-funded 
organizations are not subject to employment discrimination. The Woolsey 
amendment will allow religious organizations to continue to participate 
equally in CSBG programs, while ensuring that organizations receiving 
these Federal funds do not engage in employment discrimination based on 
religion. I urge my colleagues to support the Woolsey amendment and 
recognize that discrimination in hiring in federal funded programs is 
fundamentally wrong.
  Mr. HOLT. Mr. Chairman, on behalf of these Americans, who are 
constituents, our neighbors, and the people who have entrusted us with 
the care of our Nation, it is essential that we renew their 
unemployment benefits, and it is essential that we do it now.
  Middle-class Americans cannot sustain the American dream while not 
receiving any income for 3 or 4 months, or even longer. We owe them 
this continued assistance until this economy can provide them with jobs 
they desperately want again.
  An estimated 375,000 unemployed individuals are exhausting their 
regular unemployment benefits in January without qualifying for any 
further assistance--and are receiving neither a paycheck or 
unemployment benefits.
  In New Jersey, the 99,000 unemployed workers expected to exhaust 
their regular benefits without being able to receive further assistance 
will be the second highest on record for the months of January through 
June.
  Mr. Chairman, the Congress must make the plight of middle-class 
America its number one concern. Without the temporary extension of 
unemployment benefits under TEUC, Americans will continue to struggle 
to pay the bills in this still-weak job market.
  By extending the unemployment benefits for an additional 6 months, it 
will grant more time for unemployed Americans to find new jobs. While 
experts could explain various aspects about the business and economic 
cycles and how companies will begin hiring again in the future, this 
does not solve the present problem of how bread winners are going to 
pay bills and how food is going to get into the stomachs of children so 
that when they go to school, their day is spent learning and not 
focusing on the pain in their gut.
  Mr. Chairman, the American public needs the Miller amendment so I ask 
my colleagues to pass the Miller amendment.
  Mr. DAVIS of Illinois. Mr. Chairman, in my home State of Illinois, it 
is estimated that in the first half of 2004, 91,928 individuals will 
have exhausted their benefits and will not qualify for additional aid. 
This places Illinois

[[Page 1080]]

along side of nine other States as reaching the second highest on 
record for the number of unemployed workers expected to exhaust their 
regular benefits without being able to receive further assistance. We 
all have heard the news of the unemployment rate going down--but unlike 
the paper it is printed on, the unemployment rate is not clear as black 
and white but hazy and has a lot of gray. According to the Illinois 
Department of Employment Security, the Illinois unemployment rate 
dropped in December from 6.8 to 6.4 percent with the number of 
unemployed declining by 20,800. However, as the Illinois Department 
states, the declines in both the number of unemployed and the 
unemployment rate were largely due to people who just stopped looking 
for work and therefore not counted as unemployed. Even according to the 
U.S. Department of Labor, as unemployment declined from October 2003 to 
December of 2003 by 8,797 to 8,398 unemployed individuals, the number 
of individuals considered not in the labor force grew from October 2003 
to December 2003 by 75,147 to 75,631.
  Our real concern and focus should be on who is unemployed and on the 
growing number of individuals that are not in the workforce and are no 
longer looking for employment. In Illinois, the group of individuals 
unemployed and no longer looking for employment jumped by 15 percent 
between the third quarters of 2000 and 2002. Men accounted for a third 
of those counted as not currently employed along with a 20-percent 
increase in no longer seeking employment. Men are also on unemployment 
for a longer period of time. From the third quarter of 2000 to the 
third quarter of 2002, the duration of unemployment grew by more than 
75 percent or from 7 weeks to just under 13 weeks. The racial 
minorities are also finding themselves unemployed for a longer period 
of time. The average unemployment period for African Americans in 
Illinois rose by more than 50 percent of 4.6 weeks. African Americans 
are dramatically unemployed more so than any other ethnic group. 
According to the Department of Labor, in December 2003, 10.3 percent of 
all unemployed workers were African Americans compared to 6.6 percent 
of Hispanic workers and 5 percent of White workers.
  Mr. Speaker, thousands of Americans have already exhausted their 
benefits and approximately 2 million unemployed workers will exhaust 
their benefits in the next 6 months. To fully stimulate this economy, 
we must ensure we are assisting not the few at the top but the masses 
of workers, who keep this country moving. I am in full support of the 
Miller amendment to authorize additional funds under CSBG to be used to 
pay for a 6-month extension of unemployment benefits. Instead of 
contributing to our economy by buying school supplies, paying rent or a 
mortgage or going out to dinner, without this amendment and without an 
extension of unemployment benefits more of our constituents will be 
forced into poverty with the chance of losing their home, having no 
food to eat, no new shoes for their children, no way to pay for a 
doctor let alone over the counter medications and the list continues. 
The old saying remains clear--we either pay for it now--or we pay more 
for it later. I urge all my colleagues to support the Miller amendment.
  Ms. MAJETTE. Mr. Chairman, I rise today on behalf of the over 51,000 
Georgians who have exhausted their regular unemployment benefits and 
still can't find a job. We must extend unemployment benefits for these 
Georgians and the estimated 2 million workers nationwide who will 
exhaust their benefits in the next 6 months. We must extend these 
benefits until the administration starts taking job creation seriously.
  The administration's policies are not creating jobs and there is no 
plan to create jobs either. The Bush administration has presided over 
the worst job-loss record in half a century--we have lost almost 2.4 
million jobs since Bush took office--and yet this Congress and the 
President are denying that jobless Americans even exist. That is 
unacceptable.
  These Americans have worked hard and paid into the system, but now 
they are unemployed and they need a safety net for a few more weeks. 
Until we start creating jobs, we must show compassion for these hard-
working Americans who lost their jobs through no fault of their own 
during the economic downturn.
  My colleagues on the other side of the aisle continue to say that 
this unemployment extension is unnecessary because the Gross Domestic 
Product is back on the rise these days, and the stock market has turned 
the corner. The stock market rise might be helping the wealthy who 
benefit from Bush's tax cut, but it is not helping the over 51,000 
Georgians who can't find a job.
  These economic indicators are good news, but this has been a jobless 
recovery. Last month only 1,000 new jobs were created in this country. 
Until this economy starts creating jobs--and lots of them, these 
economic indicators don't mean a thing. These Americans need jobs--and 
until then, they need unemployment insurance.
  These hard-working Americans expect and deserve our help. During past 
recessions, Congress habitually extended unemployment insurance until 
there were enough jobs to make it unnecessary. The numbers speak for 
themselves. There just aren't enough jobs--and until there are enough 
jobs, we need to meet our obligation to these workers and their 
families.
  Mr. BOEHNER. Mr. Chairman, I yield back the balance of our time.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from California (Mr. George Miller).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. GEORGE MILLER of California. Mr. Chairman, I demand a recorded 
vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 227, 
noes 179, not voting 27, as follows:

                             [Roll No. 18]

                               AYES--227

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Burns
     Burr
     Camp
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Clay
     Clyburn
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Fossella
     Frank (MA)
     Frost
     Gonzalez
     Goode
     Gordon
     Green (TX)
     Green (WI)
     Grijalva
     Harman
     Hastings (FL)
     Hayes
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kleczka
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murphy
     Murtha
     Nadler
     Neal (MA)
     Nethercutt
     Ney
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Pomeroy
     Price (NC)
     Quinn
     Rangel
     Reyes
     Rodriguez
     Rogers (MI)
     Ross
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Shimkus
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Waters
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NOES--179

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Cannon
     Cantor
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)

[[Page 1081]]


     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goodlatte
     Graves
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Keller
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     Lewis (CA)
     Lewis (KY)
     Manzullo
     McKeon
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shuster
     Simpson
     Smith (MI)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Tauzin
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Vitter
     Wamp
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--27

     Brown-Waite, Ginny
     Calvert
     Conyers
     Culberson
     DeGette
     Dicks
     Gephardt
     Goss
     Granger
     Gutierrez
     Kucinich
     Langevin
     Linder
     Lipinski
     Lucas (OK)
     McCarthy (MO)
     McCrery
     McHugh
     McInnis
     Millender-McDonald
     Napolitano
     Ortiz
     Pascrell
     Rahall
     Ruppersberger
     Smith (WA)
     Watson


                Announcement by the Chairman Pro Tempore

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

                              {time}  1805

  Messrs. ROTHMAN, GOODE, JONES of North Carolina, BURNS, TAYLOR of 
North Carolina, NEY, FOSSELLA, TURNER of Ohio, SAXTON, SHAYS, MURPHY, 
WELDON of Pennsylvania, and Mrs. EMERSON changed their vote from ``no'' 
to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Ms. McCARTHY. Mr. Chairman, on rollcall No. 18, I was unavoidably 
detained. Had I been present, I would have voted ``yes.''
  Mr. McHUGH. Mr. Chairman, due to the need for me to be out of town on 
official Committee business, I missed the following vote taken during 
consideration of H.R. 3030, Improving the Community Services Block 
Grant Act. Had I been present, I would have voted as follows: Rollcall 
No. 18, the Miller amendment on unemployment compensation: ``yes.''
  Stated against:
  Mr. GOSS. Mr. Chairman, this evening I had to depart early for a 
previously scheduled meeting. As a result, I was not able to be present 
for rollcall vote 18. Had I been present, I would have voted ``no'' on 
rollcall vote 18.


                          personal explanation

  Mr. PASCRELL. Mr. Chairman, on February 4, 2004, I was not able to be 
in attendance during rollcall votes 15 through 18. I have deep concerns 
about H.R. 3030 which would permit organizations that receive public 
funds to discriminate in hiring based on religion. Had I been in 
attendance, I would have voted ``yes'' for rollcall vote 15, ``yes'' 
for rollcall vote 16, ``yes'' for rollcall vote 17, and ``yes'' for 
rollcall vote 18.
  The CHAIRMAN pro tempore (Mr. LaHood). Are there further amendments?
  If not, 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 CHAIRMAN pro tempore. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Hastings of Washington) having assumed the chair, Mr. LaHood, Chairman 
pro tempore 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. 3030) to amend the Community Service Block Grant Act to 
provide for quality improvements, pursuant to House Resolution 513, 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 the amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the committee amendment in the nature 
of a substitute.
  The committee amendment in the nature of a substitute 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, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________