[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[House]
[Pages 21123-21137]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      SCHOOL READINESS ACT OF 2005

  The Committee resumed its sitting.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 9 
printed in House Report 109-229.


           Amendment No. 9 Offered by Ms. Millender-McDonald

  Ms. MILLENDER-McDONALD. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.

[[Page 21124]]

  The text of the amendment is as follows:

       Amendment No. 9 offered by Ms. Millender-McDonald:
       At the end of the bill, add the following new section:

     SEC. ___. IMPROVING HEAD START ACCESS FOR HOMELESS AND FOSTER 
                   CHILDREN.

       (a) Definitions.--Section 637 of the Head Start Act (42 
     U.S.C. 9832) is amended by adding at the end the following:
       ``(18) The term `family' means all persons living in the 
     same household who are--
       ``(A) supported by the income of at least 1 parent or 
     guardian (including any relative acting in place of a parent, 
     such as a grandparent) of a child enrolling or participating 
     in the Head Start program; and
       ``(B) related to the parent or guardian by blood, marriage, 
     or adoption.
       ``(19) The term `homeless child' means a child described in 
     section 725(2) of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11434a(2)).
       ``(20) The term `homeless family' means the family of a 
     homeless child.''.
       (b) Allotment of Funds; Limitations on Assistance.--
       (1) Quality improvement.--Section 640(a)(3) of the Head 
     Start Act (42 U.S.C. 9835(a)(3)) is amended--
       (A) in subparagraph (B)--
       (i) in clause (ii), by inserting ``children in foster care, 
     children referred to Head Start programs by child welfare 
     agencies, '' after ``background''; and
       (ii) in clause (v), by inserting ``, including 
     collaboration to increase program participation by 
     underserved populations, including homeless children, 
     eligible children in foster care, and children referred to 
     Head Start programs by child welfare agencies'' before the 
     period; and
       (B) in subparagraph (C)--
       (i) in clause (ii)(IV)--

       (I) by inserting ``homeless children, children in foster 
     care, children referred to Head Start programs by child 
     welfare agencies, '' after ``dysfunctional families''; and
       (II) by inserting ``and families'' after ``communities'';

       (ii) in clause (v)--

       (I) by inserting ``homeless children, children in foster 
     care, children referred to Head Start programs by child 
     welfare agencies,'' after ``dysfunctional families''; and
       (II) by inserting ``and families'' after ``communities'';

       (iii) by redesignating clause (vi) as clause (viii); and
       (iv) by inserting after clause (v) the following:
       ``(vi) To conduct outreach to homeless families and to 
     increase Head Start program participation by homeless 
     children.''.
       (2) Collaboration grants.--Section 640(a)(5)(C)(iv) of the 
     Head Start Act (42 U.S.C. 9835(a)(5)(C)(iv)) is amended--
       (A) by inserting ``child welfare (including child 
     protective services),'' after ``child care,'';
       (B) by inserting ``home-based services (including home 
     visiting services),'' after ``family literacy services''; and
       (3) Allocation of funds.--Section 640(g)(2) of the Head 
     Start Act (42 U.S.C. 9835(g)(2)) is amended--
       (A) in subparagraph (C)--
       (i) by inserting ``organizations and agencies providing 
     family support services, child abuse prevention services, 
     protective services, and foster care, and'' after 
     ``(including''; and
       (ii) by striking ``and public entities serving children 
     with disabilities'' and inserting ``, public entities, and 
     individuals serving children with disabilities and homeless 
     children (including local educational agency liaisons 
     designated under section 722(g)(1)(J)(ii) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 
     11432(g)(1)(J)(ii)))'';
       (B) in subparagraph (H), by inserting ``(including the 
     local educational agency liaison designated under section 
     722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11432(g)(1)(J)(ii)))'' after ``community 
     involved''.
       (c) Research, Demonstrations, and Evaluation.--Section 649 
     of the Head Start Act (42 U.S.C. 9844) is amended in 
     subsection (a)(1)(B), by striking ``disabilities)'' and 
     inserting ``disabilities, homeless children, children who 
     have been abused or neglected, and children in foster care''.
       (d) Reports.--Section 650(a) of the Head Start Act (42 
     U.S.C. 9846(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``disabled and'' and inserting ``disabled children, homeless 
     children, children in foster care, and'';
       (2) in paragraph (8), by inserting ``homelessness, whether 
     the child is in foster care or was referred by a child 
     welfare agency,'' after ``background''.

  The Acting CHAIRMAN. Pursuant to House Resolution 455, the 
gentlewoman from California (Ms. Millender-McDonald) and a Member 
opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from California (Ms. Millender-
McDonald).
  Ms. MILLENDER-McDONALD. Mr. Chairman, I yield myself such time as I 
may consume, and I first want to thank my colleague and friend, the 
gentlewoman from California (Ms. Woolsey), as well as the chairman of 
the subcommittee, for allowing me to come before the body today for 
this very important amendment.
  Today, I am offering an amendment that addresses one of our Nation's 
greatest needs: providing a sound educational foundation for children 
who are homeless or in foster care. There are many obstacles these 
children must overcome, but access to early education should not be one 
of them.
  Quite simply, my amendment does the following: it encourages Head 
Start grantees to reduce barriers by directing them to increase their 
outreach to homeless and foster children. It encourages coordination 
between Head Start grantees and community service providers and 
homeless and foster children. It increases the coordination of these 
populations as they transition out of Head Start to elementary school 
and increases reporting requirements. It allows homeless children and 
foster children to be automatically eligible for Head Start.
  Mr. Chairman, the early years of a child's life are critical to their 
development. Homeless and foster youth face monumental hurdles, 
starting with their need for stability, emotional reassurance, and 
access to educational resources. Because of these inherent challenges, 
homeless children and foster youth are twice as likely to have a 
learning disability and are three times as likely to have emotional and 
behavioral problems that can contribute to long-term learning 
disabilities. We can help these kids by identifying them early and 
making sure that they are enrolled in Head Start. The work we do now 
for these kids will help them throughout their life.
  This, Mr. Chairman, is an investment worth making, but we must make 
this investment now. The numbers are staggering. Tragically, an 
estimated 1.4 million children experience homelessness each year. More 
than 40 percent of the children in homeless shelters are under the age 
of 5. Currently, only 2 percent of the more than 900,000 students 
served by Head Start are children identified as homeless.
  In my home State of California, there are more homeless children 
today than ever before. The California Department of Housing and 
Community Development estimates that there are 80,000 to 95,000 
homeless children statewide. The vast majority of these children come 
from homeless families that consist of a single mother and her 
children.
  The numbers of children in foster care are equally astonishing. There 
are approximately 532,000 children in foster care in the United States. 
In California, there are approximately 85,226 children in foster care.
  With the devastation of Hurricane Katrina in the gulf States, and the 
displacement of families, these numbers will only increase. Now, more 
than ever, our children need a head start just to keep up.
  Providing opportunities for foster children has long been a priority 
of mine. I have introduced legislation in this Congress that creates a 
foster care mentoring program that seeks to team college students with 
foster kids who age out of the system. The purpose of this is to 
provide structure for these children and to open new doors and 
opportunities through education and community partnerships.
  But all of these partnerships, Mr. Chairman, start at an early age 
and must begin with Head Start.
  Mr. Chairman, my amendment is good policy. This is an excellent 
investment in our most vulnerable population. No child should be alone 
in the world, and in these United States of America no child should be 
left behind. My amendment will prevent these children from the 
beginning in becoming victims of bureaucratic loopholes and keep them 
transitioning into and through life with the support and commitment 
that they deserve. I ask all of my colleagues to support this critical 
amendment.
  Mr. Chairman, I reserve the balance of my time.

[[Page 21125]]


  Mr. CASTLE. Mr. Chairman, I do not oppose the amendment, but I ask 
unanimous consent to claim the time in opposition.
  The Acting CHAIRMAN (Mr. Terry). Is there objection to the request of 
the gentleman from Delaware?
  There was no objection.
  Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume, 
and I rise in very strong support of this amendment, which goes along 
with a number of other amendments which we have had, which is 
recognizing the fact that when you are dealing with Head Start you are 
dealing with a population that comes from 100 percent of poverty or 
less, and you are dealing with people who are going to have barriers in 
terms of their education. They may be barriers in terms of where they 
live or the ability of the parents to care for them. They may be 
homeless or foster children, as the sponsor has pointed out; and I 
think it is only right and just and absolutely the correct thing to do 
to increase that access.
  In fact, perhaps that is more important than anything else we can do 
in terms of the kinds of children we are reaching out to, in terms of 
their background issues. So for that reason, I am extremely supportive 
of this amendment, and I think it is a great deal of help to what I 
believe is already a good piece of legislation, and I encourage each 
and every one of us to support it.
  Mr. Chairman, I reserve the balance of my time.
  Ms. MILLENDER-McDONALD. Mr. Chairman, I yield 1 minute to the 
gentlewoman from California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Chairman, I want to thank my friend and colleague 
from California (Ms. Millender-McDonald) for offering this amendment 
and our chairman for accepting it.
  Head Start is a program to give a helping hand to vulnerable 
children, and no child is more vulnerable than a homeless or foster 
child. This amendment will improve outreach and coordination of 
services for these very children, and this will help ensure that they 
receive the services they need to succeed in school and in life.
  Mr. Chairman, this is a worthy amendment and I support it.
  Ms. MILLENDER-McDONALD. Mr. Chairman, I thank the chairman of the 
subcommittee, the chairman of the full committee, and the gentlewoman 
from California (Ms. Woolsey) for their support. I ask all of my 
colleagues to support this very worthy amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. CASTLE. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from California (Ms. Millender-McDonald).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 10 
printed in House Report 109-229.


               Amendment No. 10 Offered by Mrs. Musgrave

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

       Amendment No. 10 offered by Mrs. Musgrave:
       At the end of the bill, insert the following new section:

     SEC. __. ADMINISTRATIVE REQUIREMENTS AND STANDARDS.

       Section 644 of the Head Start Act (42 U.S.C. 9839) in 
     amended--
       (1) in subsection (b), by inserting immediately before 
     ``exceed 15 percent'' the following: ``, and any reasonable 
     amounts, in excess of allowable direct and indirect costs, 
     normally incurred or recognized by an entity eligible under 
     section 641(a)(1) by virtue of its organization,''; and
       (2) in subsection (c), by inserting after the second 
     sentence the following: ``For purposes of this section, the 
     Secretary shall prescribe no rules or regulations that 
     prohibit an entity eligible under section 641(a)(1) from 
     effectively competing for or administering a grant by virtue 
     of its organization.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 455, the 
gentlewoman from Colorado (Mrs. Musgrave) and the gentlewoman from 
California (Ms. Woolsey) each will control 5 minutes.
  The Chair recognizes the gentlewoman from Colorado (Mrs. Mus-
grave).
  Mrs. MUSGRAVE. Mr. Chairman, I yield myself such time as I may 
consume.
  First of all, I want to commend the chairman on the good work that he 
did. This bill really increases competition and accountability in the 
Head Start Early Childhood Program.

                              {time}  1430

  While the vast majority of Head Start programs are of very high 
quality, I have been concerned about recent reports of mismanagement in 
some of the Head Start programs. That is why I am pleased that H.R. 
2123 infuses the Head Start program with increased competition.
  This amendment I am offering would ensure competition and access to 
high-quality services for these needy children. It would allow a for-
profit agency that can demonstrate that it can provide a higher level 
of services for the same number of Head Start children at a lower cost, 
to keep a small portion of the administration's savings as profit.
  I firmly believe Congress should be doing everything possible to 
encourage the highest-quality providers to become involved in Head 
Start. I believe my amendment will provide an incentive for high-
quality for-profit providers to apply for Head Start grants and serve 
our Nation's neediest students.
  I would also like to point out that for-profit entities are already 
an allowable grantee under current law, as well as H.R. 2123, so we 
would not be setting a new precedent in terms of for-profit 
participation in the program.
  My amendment is bipartisan. It is supported by the National Child 
Care Association and the Early Care and Education Consortium. I urge my 
colleagues to support this amendment.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Ohio (Chairman Boehner), and commend the gentleman for his good 
work.
  Mr. BOEHNER. Mr. Chairman, I thank the gentlewoman for her amendment. 
I think it is a very good amendment.
  Under current law, a for-profit entity can apply to be a local 
grantee to a Head Start program, but you are not allowed to make a 
profit. This has been in the law for some time. Given what we are 
trying to accomplish in terms of helping children be ready for school, 
we ought to have all of the providers possible. If there is an entity 
out there who thinks they can provide Head Start with a very high-
quality program and make a profit, we ought to allow them the 
opportunity to apply and be in the program. That is all this amendment 
does. It does not guarantee that they are ever going to get a grant.
  I am a big believer in competition, a big believer in the private 
sector and innovative solutions. Given the challenge we have with low-
income children in very low-income neighborhoods, anything we can do to 
bring more high-quality innovative services to those children, we ought 
to take that chance, and so I support the gentlewoman's amendment.
  Ms. WOOLSEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in strong opposition to the Musgrave amendment. 
The underlying bill requires that Head Start grantees keep their 
administrative expenses to 15 percent or less of the grant. The grantee 
that keeps expenses lower than 15 percent would have the remaining 
funds available for teacher salaries or more books or other 
improvements that benefit the children. That is, unless this amendment 
passes and the grantee is a for-profit organization, in which case 
under my colleague's amendment, the difference between the 15 percent 
and lower expenses simply would be in the pocket of the for-profit 
organization.
  So my colleague's amendment comes down to this, very simply: whether 
we want the benefits of more efficient administration of grantees to go 
to the children or whether we want to give the businesses an incentive 
to cut corners for profits. I hope Members all remember HMOs; those 
profits do not go directly back into the program to benefit the 
children.
  I think the answer is obvious, particularly when we are serving fewer

[[Page 21126]]

than half the eligible children. I only hope that the majority will be 
as willing to spend Federal dollars on serving the children as they 
would be in giving those dollars to for-profit companies.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
California (Mr. George Miller), our ranking member.
  Mr. GEORGE MILLER of California. Mr. Chairman, I thank the 
gentlewoman for yielding me this time, and I rise in opposition to this 
amendment. I think it is a bad amendment.
  The fact of the matter is, if there are these kinds of savings to be 
had, either the grant is not right or the money should be put back into 
the services. When we have a program here that is failing to meet the 
demand for Head Start, it would seem to me if this is a high-quality 
program and it has the difference between 13 percent and 13.5 percent 
and 15 percent, which could be a couple hundred thousand dollars on a 
$10 million grant, which is not that unusual, that ought to be plowed 
into the program to extend the opportunity of this high-quality program 
to these children.
  This program does not exist to create a profit. That does not mean 
that people cannot bring profit-making ideals and principles to these 
programs for efficiencies, but we ought to plow it into the unserved 
population or to improve quality programs.
  When we look at the low pay and the profit-making in the nonprofit 
sector of Head Start, you would think that we would put that into 
quality to try to raise the pay so we can attract teachers with more 
education and child development experience and all of the rest of those 
issues. This is what we have been arguing and discussing and trying to 
improve. To now suggest, because somebody has put in some efficiencies, 
that money should now go to the for-profits, instead of services and 
extension of the benefits of Head Start to this population that is in 
so much need of these services, just does not make sense.
  One could argue if we were meeting the need and the demand all across 
the country, maybe there is some argument for this. But when we know 
how programs struggle, and we see programs with utilities and gas going 
up, that is going to cause even more difficulties. And to suggest that 
you can somehow eke out a profit that is not returned to the benefit of 
the program, that just does not make any sense.
  I appreciate vendors are dealing with a government grant and very 
low-income children and it is very difficult to make a profit, but I do 
not think that we should eke out the means by which that profit can be 
taken out of the services rendered to those children. I know these are 
called administrative costs, and we have been debating administrative 
costs for a long time. Administrative costs also go with other 
concerns, the question of accountability and auditing and structuring 
of these facilities, all of which are part of that, too. I think this 
is an ill-considered amendment, and I would hope that we would reject 
the Musgrave amendment.
  Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
  Mr. GEORGE MILLER of California. I yield to the gentleman from Ohio.
  Mr. BOEHNER. Mr. Chairman, I think the point we are trying to make 
here is there is a lot of innovation that is underway in terms of 
bringing technology and other innovation to the whole idea of learning. 
When it comes to early childhood programs, the chance at a profit, I 
believe, could bring innovation technology to this entire sector. 
Nobody has asked me for it, I am not suggesting there is going to be a 
rush to come in with innovation, but without some opportunity at 
getting a return on your investment, will the innovation ever come?
  That is where I am willing to take the chance that new ideas, new 
innovations in terms of developing these children, could be very 
beneficial to the program.
  Ms. MUSGRAVE. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Terry). The question is on the amendment 
offered by the gentlewoman from Colorado (Ms. Musgrave).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Ms. WOOLSEY. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Colorado 
(Ms. Musgrave) will be postponed.
  It is now in order to consider amendment No. 11 printed in House 
Report 109-229.


                Amendment No. 11 Offered by Ms. Woolsey

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

       Amendment No. 11 offered by Ms. Woolsey:
       At the end of the bill, add the following new section:

     SEC. ___. CHILDREN AFFECTED BY HURRICANE KATRINA.

       (a) Definitions.--For the purposes of this section, the 
     following definitions apply:
       (1) Children affected by hurricane katrina.--The term 
     ``children affected by Hurricane Katrina'' means a child who 
     is not older than 5 and who resides or who resided on August 
     22, 2005, in an area in which the President has declared that 
     a major disaster exists.
       (2) Impacted head start agencies.--The term ``impacted Head 
     Start Agencies'' means a Head Start agency receiving a 
     significant number of children from an area in which a major 
     disaster has been declared.
       (3) Major disaster.--The term ``major disaster'' means a 
     major disaster declared by the President in accordance with 
     section 401 of the Robert T. Stafford Disaster Relief 
     Emergency Assistance Act (42 U.S.C. 4170), related to 
     Hurricane Katrina.
       (b) Techical Assistance, Guidance, and Resources.--The 
     Secretary shall provide technical assistance, guidance, and 
     resources through the Region 4 and Region 6 offices of the 
     Administration for Children and Families (and may provide 
     technical assistance, guidance, and resources, through other 
     regional offices of the Administration, at the request of 
     such offices, that administer affected Head Start agencies) 
     to Head Start agencies in areas in which a major disaster has 
     been declared, and to affected Head Start agencies, to assist 
     the agencies involved in providing Head Start services to 
     children affected by Hurricane Katrina.
       (c) Waiver.--For such period up to March 31, 2006, and to 
     such extent as the Secretary considers appropriate, the 
     Secretary of Health and Human Services--
       (1) may waive section 640(b) of the Head Start Act.
       (2) shall waive requirements of documentation for children 
     affected by Hurricane Katrina who participate in Head Start 
     programs and Early Head Start programs funded under the Head 
     Start Act.

  The ACTING CHAIRMAN. Pursuant to House Resolution 455, the 
gentlewoman from California (Ms. Woolsey) and a Member opposed each 
will control 5 minutes.
  The Chair recognizes the gentlewoman from California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I am offering this amendment on behalf of the gentleman 
from Mississippi (Mr. Thompson) who is unable to be here this 
afternoon.
  Mr. Chairman, this amendment will help some of the most vulnerable 
victims of Hurricane Katrina, the children. As a result of Hurricane 
Katrina, many families have been displaced from their homes and their 
schools. This amendment allows displaced families to enroll their 
children under the age of 5 in Head Start.
  In Mississippi, 44 Head Start centers were impacted by Hurricane 
Katrina, 18 centers will be closed indefinitely, and 26 more are in 
need of repair. Approximately 26,743 children within the State of the 
gentleman from Mississippi (Mr. Thompson) are eligible for Head Start 
services prior to Hurricane Katrina. In the aftermath, the number is 
expected to double.
  In the neighboring State of Louisiana, 117 centers were impacted, 83 
remain closed, and 34 centers are providing partial services.
  In Alabama, 9 centers were impacted, 3 centers will be closed 
indefinitely, and 6 are in need of repair.
  This amendment provides a waiver for 6 months for those families that 
do not have proof of immunizations and income levels to participate in 
the Head Start program. This 6-month waiver authority also permits the 
Secretary of Health and Human Services

[[Page 21127]]

to waive the 20 percent local Head Start match requirement.
  This amendment directs the Secretary to provide technical assistance, 
guidance, and resources which permits agencies to provide Head Start 
services to children who have been affected by the hurricane. The total 
number of Head Start children affected by Hurricane Katrina is 
approximately 18,000. Since the devastation of Hurricane Katrina, more 
families are now Head Start eligible. If you want families to come back 
and restore their communities, their children need to be safe and 
healthy in environments where they can learn and play.
  I understand and appreciate that the majority will accept this 
amendment and I think that is wonderful. I hope that the majority will 
also join us in the coming days to appropriate supplemental funds for 
these same children.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Chairman, I ask unanimous consent to claim the time 
in opposition to the amendment, although I do not oppose the amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I thank the gentlewoman from California (Ms. Woolsey) 
for offering this amendment on behalf of the gentleman from California 
(Mr. Thompson).
  The gentleman from California (Mr. Thompson) and I have worked 
together and have known each other since the gentleman's arrival here 
in Congress. This amendment will direct the Department of Health and 
Human Services to assist those displaced children, to try to get them 
into Head Start locations around the country. We have already allocated 
some $15 million to help enroll children in those places where they 
have moved to temporarily.
  We believe that the amendment offered by the gentleman from 
California (Mr. Thompson) would help on a longer-term basis. Given the 
fact we have another hurricane going to hit somewhere in the gulf in 
the next couple of days, unfortunately, there could be more children 
displaced, and helping them stay in a Head Start program, regardless of 
where they go, is something for their good and their family's good and 
our country's good, and is something we should do. I urge my colleagues 
to accept the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Ms. WOOLSEY. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from California.
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 12 
printed in House Report 109-229.


                Amendment No. 12 Offered by Mr. Boehner

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

       Amendment No. 12 offered by Mr. Boehner:
       At the end of the bill, insert the following new section:

     SEC. ___. DISCRIMINATION PROVISIONS.

       Section 654 of the Head Start Act is amended to read as 
     follows:

     ``SEC. 654 NONDISCRIMINATION PROVISIONS.

       ``(a)(1) The Secretary shall not provide financial 
     assistance for any program, project, or activity under this 
     subchapter unless the grant or contract with respect thereto 
     specifically provides that no person with responsibilities in 
     the operation thereof will discriminate with respect to any 
     such program, project, or activity because of race, creed, 
     color, national origin, sex, political affiliation, or 
     beliefs.
       ``(2) Paragraph (1) shall not apply to a recipient of 
     financial assistance under this subchapter that is a 
     religious corporation, association, educational institution, 
     or society, with respect to the employment of individuals of 
     a particular religion to perform work connected with the 
     carrying on by such corporation, association, educational 
     institution, or society of its activities. Such recipients 
     shall comply with the other requirements contained in this 
     subsection.
       ``(b) No person in the United States shall on the ground of 
     sex be excluded from participation in, be denied the benefits 
     of, be subjected to discrimination under, or be denied 
     employment in connection with any program or activity 
     receiving assistance under this subchapter. The Secretary 
     shall enforce the provisions of the preceding sentence in 
     accordance with section 602 of the Civil Rights Act of 1964. 
     Section 603 of such Act shall apply with respect to any 
     action taken by the Secretary to enforce such sentence. This 
     section shall not be construed as affecting any other legal 
     remedy that a person may have if such person is excluded from 
     participation in, denied the benefit of, subjected to 
     discrimination under, or denied employment (except as 
     provided in subsection (a)(2)), in the administration of any 
     program, project, or activity receiving assistance under this 
     subchapter.
       ``(c) The Secretary shall not provide financial assistance 
     for any program, project, or activity under this subchapter 
     unless the grant or contract relating to the financial 
     assistance specifically provides that no person with 
     responsibilities in the operation of the program, project, or 
     activity will discriminate against any individual because of 
     a handicapping condition in violation of section 504 of the 
     Rehabilitation Act of 1973, except as provided in subsection 
     (a)(2).''.

  The Acting CHAIRMAN. Pursuant to House Resolution 455, the gentleman 
from Ohio (Mr. Boehner) and the gentlewoman from California (Ms. 
Woolsey) each will control 15 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Boehner).
  Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
  I thank the gentleman from Louisiana (Mr. Boustany) for offering this 
important amendment. Unfortunately, with the hurricane moving now 
somewhat east of where it was, he decided to return to his district in 
central and southwestern Louisiana. So he is not here today, and I 
offer the amendment in his place.
  Faith-based organizations such as churches, synagogues, and charities 
are an essential fabric of local communities across America. This 
amendment will correct a flaw in the Federal Head Start law that has 
stripped these organizations of their hiring rights, forcing them to 
relinquish their civil liberties if they choose to participate in 
Federal early childhood programs that are poised to be reauthorized 
today.

                              {time}  1445

  We have had this debate many times before here on the House floor. In 
fact, earlier this year we rejected, in a bipartisan fashion, an 
amendment that would have barred faith-based organizations from 
providing job training services in their own communities. 
Unfortunately, each time we have had this debate, opponents of faith-
based groups' federally protected right to maintain their religious 
nature and character through those they hire have equated these civil 
liberties with discrimination.
  The 1964 Civil Rights Act makes clear that faith-based groups may 
serve their communities without being forced to give up their right to 
employ individuals who share the tenets and practices of their faith. 
Were the authors of the Civil Rights Act pro-discrimination? No.
  The United States Supreme Court in 1987 unanimously reaffirmed the 
hiring rights for faith-based organizations. Was the Supreme Court pro-
discrimination? No.
  Former President Bill Clinton signed four laws explicitly allowing 
faith-based groups to staff on a religious basis when they receive 
Federal funds: the 1996 Welfare Reform law, the 1998 Community Services 
Block Grant Act, the 2000 Community Renewal Tax Relief Act, and the 
2000 Substance Abuse and Mental Health Services Administration Act. Was 
President Clinton pro-discrimination? No.
  The amendment we are considering today is offered in the same spirit 
as the 1964 Civil Rights Act, the 1987 Supreme Court decision, and each 
of the four laws signed into law by President Bill Clinton.
  Our Nation's Head Start students deserve to be served by the very 
best organizations willing to lend a helping hand, and if those 
organizations are not faith based, so be it. But if they are, the faith 
and values that motivate them to serve their neighbors should not be 
held against them.
  Considering the proven track record of faith-based providers in 
meeting the needs of our Nation, efforts we are seeing in action right 
now in the gulf coast region, why would we want to deny them the 
opportunity to make a

[[Page 21128]]

difference in the lives of Head Start students?
  President Bush has worked tirelessly to remove barriers that 
needlessly discourage faith-based groups from bringing their talents 
and compassion to Federal initiatives that help Americans in need. 
Countless times he has called on Congress to send him ``the same 
language protecting religious hiring that President Clinton signed on 
four other occasions.'' This amendment answers the President's call 
once again.
  We should not be denying compassionate, professional faith-based 
providers the opportunity to serve our children, and I want to urge my 
colleagues to vote ``yes'' on this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Ms. WOOLSEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I think it is very sad that we are debating this 
amendment. I think it is sad because we are squandering a rare 
opportunity for a real bipartisan achievement with the Head Start bill 
today. It is sad because we are debating whether to amend a program 
that came out of our country's struggle for civil rights by restricting 
those very civil rights. And it is sad because we are debating whether 
to make religious discrimination a higher priority than finding the 
best qualified Head Start teacher for at-risk children.
  We are discussing supporting religious discrimination paid for with 
Federal dollars. Under current law, religious organizations can and do 
participate in Head Start, and they always have from the very 
beginning. They do a very good job. Under current law, religious 
organizations can hire members of their own faith using only their own 
funds, and they have always been able to do that. And under current 
law, job applicants have the right to apply for a federally funded Head 
Start position without submitting to a religious test.
  We are not talking about forcing Catholic churches to hire Jewish 
priests. We are talking about whether if a religious organization 
chooses to accept Federal funds for Head Start, it should be allowed to 
discriminate using those funds, which, by the way, is exactly what 
President Bush called on Congress to do earlier this year. The 
President said, ``We ought to judge faith-based groups by results, not 
by their religion.''
  But, sadly, the Boustany amendment is asking us to allow some Head 
Start programs to judge job applicants by their religion, not by their 
results.
  So I ask my colleagues to oppose this amendment and to oppose final 
passage if the bill includes this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Michigan (Mr. Ehlers).
  Mr. EHLERS. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  This is a debate we have had before, particularly in the committee as 
we discussed this bill last year. And I have difficulty understanding 
the rationale for opposing this amendment because it has been 
established in law for some time that churches have the right to hire 
on the basis of religion and the activities they pursue.
  I understand some of the arguments offered, but I would point out the 
difficulties that one can discover immediately. As an example, the 
gentleman from Nebraska (Mr. Osborne) pointed out in the debate last 
year that one of his local churches operates a Head Start program, but 
they do not hire full-time people for that. They hire part-time people 
who also work for the church the rest of the day. Obviously, they 
should be allowed to hire on the basis of religion for the operations 
of the church. Why then prohibit that person from also teaching in the 
Head Start program?
  I come from a city that is often called the City of Churches, Grand 
Rapids, Michigan, a great many churches often working together. And 
when the call came in after Hurricane Katrina, the Red Cross was asked 
to organize a relief effort, asked to provide emergency shelter and 
housing for 500 people. Their first call was to GRACE, the Grand Rapids 
area ecumenical group, which, through the churches, put together a 
shelter in a matter of 2 or 3 days. They could not have done that 
without that, but virtually every church in the city worked on it. 
Again, all of these workers were affiliated with churches and were 
hired partly on the basis of their religious faith. Why exclude such a 
potent social force from working with the government in cases of 
emergency or at any other time?
  I think there is a basic misunderstanding here, something along the 
lines that we cannot have this because these people might try to 
proselytize some people and try to get them to join the church. That is 
not the motivation of the churches in Grand Rapids or across this 
country. They understand, based on their spiritual commitment, that 
they have a responsibility to their fellow human beings and that, in 
the name of God, they are to minister to others who are in need. And 
that is why they are an effective social force in meeting the needs of 
the poor, meeting the needs of those who are hurting, and that is the 
reason that they are an effective agency of the Federal Government to 
work with in terms of crisis, emergency, or simple pain and need on the 
part of certain people.
  This amendment that is being offered will allow the continuation of 
that effort in the Head Start program; and, frankly, we should allow it 
in every program. Why should we rule out one of the most effective and 
one of the most potent social organizations in the Nation, that is, 
religious organizations, who are dedicated to doing good, who are 
seeking to do good, who are trying to honor their Lord by doing good, 
and they can be a very effective force? We should not exclude them in 
any way from their work and from their participation with the 
government as partners.
  Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from New 
York (Mr. Nadler).
  Mr. NADLER. Mr. Chairman, I rise in strong opposition to the 
amendment offered by the gentleman from Louisiana. This amendment 
betrays our core values by permitting, for the first time in the 
history of the Head Start program, religious discrimination in hiring. 
It allows taxpayer funds to be used in Head Start programs that 
discriminate against teachers and parent volunteers solely because of 
their religious beliefs. The bill does so by eliminating existing law 
that has, since Head Start's beginning, protected the people who teach 
our children against this most reprehensible form of discrimination.
  Religious discrimination in employment or the imposition of religious 
tests for federally funded employment in violation of the Constitution 
is reprehensible and an affront to our first freedom. Nobody should be 
able to hang out a sign that says no Catholics or Jews, no Protestants, 
no Lutherans, no whoever may apply for this federally funded job.
  Every religious denomination in this country can run a Head Start 
program and has. Every religious denomination can run programs and has. 
No one says they cannot discriminate in who the minister is or they do 
not want women as ministers or, for that matter, as janitors, but not 
with those positions funded by the Federal Government.
  That is what this amendment would breach. That is what is obnoxious. 
That is why it should be defeated.
  We have heard terrible allegations from the other side of the aisle, 
and from the administration alleging, during the recent confirmation 
hearings for Judge Roberts, that certain members of the Other Body have 
hung a sign on the Federal courts saying ``No Catholics Need Apply.'' 
While I continue to believe that this slur against conscientious 
Catholic members of the Other Body is blatantly false and slanderous, 
those making the charge, including the President and our colleagues on 
the other side of the aisle, seem to understand that religious 
discrimination in employment, or the imposition of a religious test for 
federally funded employment in violation of the Constitution, is 
reprehensible and an affront to our First Freedom.
  I only wish they would apply that same principle to the people who 
teach our children.
  Head Start is an exceptional program that serves nearly one million 
children and their families. We know from experience that it

[[Page 21129]]

works and works well, helping our children succeed educationally. 
Instead of promoting religious discrimination, we should be standing up 
for families and for our most vulnerable children by providing the 
necessary resources and accountability, to ensure that all children who 
qualify for the Head Start program can participate and succeed.
  It is time to match the rhetoric with action and leave no child 
behind. It is time to make good on the promise of this Nation that we 
are all created equal, that all children are entitled to a decent 
education, and that no one should ever have to decide between a job 
helping our children and their religious faith. No child was ever 
helped by governmentally funded and endorsed religious discrimination. 
That is not what this country is about, and it is not befitting of a 
nation dedicated to liberty and justice for all.
  I urge my colleagues to reject this amendment, to stand up for our 
values of religious equality.
  Mr. BOEHNER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Green).
  Mr. GREEN of Wisconsin. Mr. Chairman, I thank the gentleman for 
yielding me this time.
  We just heard some explosive rhetoric. Let me boil this down. This 
amendment really stands for two simple basic principles: Number one, 
that those who are in need should have the right to receive vital 
services from the most effective source in the most effective way 
possible. That should be their right as Americans. Now, in the vast 
majority of cases that is going to be a public entity, but in some 
cases and in some places it might just be a faith-based organization. 
It might be a faith-based organization, it might be a religious 
organization, that is the most effective choice for those in need, that 
family in need, those children in need. Should they not have the right 
to those services in the most effective way?
  Secondly, the second basic principle is if it is a faith-based 
organization that is providing those services and participating in the 
program, they should not have to surrender their religious character 
merely because they choose to try to help out. That is what this is 
really all about. These organizations that are trying to reach out, 
that are taking a chance to help provide these services because they 
see people in need, the government should not say to them if they are 
going to help out, I am sorry, they have to surrender much of their 
religious character. I think that is wrong.
  Let me be very clear. If we fail to adopt this amendment and fail to 
protect the rights of these faith-based organizations to retain their 
religious character in such things as hiring, it is not these groups 
that will suffer. They are not making money. They are not profiting by 
serving as Head Start providers. It will be our neediest children; it 
will be our families who participate in Head Start. Those will be the 
ones who suffer.
  Let us adopt this amendment and stand for the principle that kids 
need help and they should be able to get it in the most effective way 
possible.
  Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Massachusetts (Mr. Frank).
  Mr. FRANK of Massachusetts. Mr. Chairman, first, the first half of 
the gentleman's remarks previously are irrelevant. We are not disputing 
the importance of including faith-based groups as providers. When this 
question came up years ago, I was ardently for it. No one is trying to 
prevent faith-based groups from providing the service. No one is saying 
that a faith-based using its own money, using private money, using 
private donations has to pay any attention to the question of hiring if 
they choose to have only their religious co-workers.
  The question is if a faith-based group wants to take Federal money 
paid for by every taxpayer in this country, is it a violation of their 
religious character to say, with that Federal money, they must not 
discriminate in hiring?
  The religious character being imputed to these groups makes me think 
that we are talking about the constitution of the Iraq. What is this? 
The Sunnis should not have to hire the Shias? The Shias should not have 
to deal with the Kurds? What is the principle here? Are we not trying 
to promote the notion of people living together? What religious group 
taking Federal money says, ``You know what, I want to help these poor 
people, but not with a Jew,'' ``I cannot have a Baptist working for 
me,'' ``no Mormon need apply''?
  We are not talking about administering religious services. We are not 
talking about performing religious rites. We are talking about taking 
Federal money to perform what has to be, remember, a secular service. 
We all agree to that. If it were not a wholly secular service, no one 
would expect us to be funding it with Federal money. And this is the 
question I have to ask my friends. Of course we want religious groups 
there. Why is it so terrible to tell Jews that they must associate with 
Baptists if Federal money is being spent to provide child care 
services?

                              {time}  1500

  What violation of the religious right of a Catholic is to say you 
have to hire a Methodist? How are Episcopalians being deprived of their 
religious integrity if they are told that, you know what, when you have 
Federal money in this program, if you hire a Presbyterian, that is 
okay. I mean, this is fundamental, we thought, in America.
  Again, we are talking about Federal money, and we are talking about 
not imputing to religious groups an insistence on bigotry and 
discrimination in the spending of Federal funds.
  Mr. BOEHNER. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
North Carolina (Ms. Foxx), a member of our committee.
  Ms. FOXX. Mr. Chairman, I rise in support of the Boustany amendment 
which seeks to include important protections for religious 
organizations in this bill.
  As I stated in my remarks during consideration of the rule, this 
Nation is second to none in charitable giving and in helping others in 
need. This is not just a religious tenet, but an American principle, 
and we as Americans must continue to encourage and foster that spirit 
of giving and serving others. Not allowing those organizations, who 
have proven they are some of the best at feeding the hungry, healing 
the sick, and housing the homeless, to provide early childhood 
education for our children is just wrong.
  A secular group, such as Planned Parenthood or the Sierra Club, that 
receives government money is currently free to hire based on its 
ideology and mission, but still use Federal funds for certain programs 
and activities they provide. Yet, groups that are religious in nature 
are not allowed to hire according to their ideology and mission? 
Because an organization has among its purposes and basic tenets to 
serve others is not a reason to discriminate against them.
  Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Minnesota (Ms. McCollum).
  Ms. McCOLLUM of Minnesota. Mr. Chairman, today I rise to oppose the 
Boustany amendment and all the explicit discrimination it represents by 
removing Head Start hiring protections provided by the Equal 
Opportunity Act. Currently, Head Start law embraces the Equal 
Opportunity Act. This amendment cuts the heart out of it.
  This is a blatant attack on civil rights and this sanctions 
discrimination. This would allow organizations to discriminate based on 
religion, as well as fundamentally changing disability laws, 
discrimination paid for by U.S. tax dollars. This amendment is 
offensive to Americans who value civil rights, equal justice, and to 
many, many of us who are strong people of faith.
  Let us be clear. Faith-based organizations currently are providing 
Head Start services, and their mission, their work is valued by all of 
us. This amendment provides no additional opportunities to faith-based 
organizations, because they can currently apply for Head Start dollars.
  Mr. BOEHNER. Mr. Chairman, I am pleased to yield 1 minute to the 
gentleman from South Carolina (Mr. Inglis), a member of our committee.
  Mr. INGLIS of South Carolina. Mr. Chairman, I thank the gentleman for 
yielding me this time.
  I rise in support of the Boustany amendment. There has been a lot of

[[Page 21130]]

talk about how it would appear these faith-based organizations are 
bigoted and maybe even arrogant for wanting to express their views. I 
think it is the opposite. The government here, absent the Boustany 
amendment, is being arrogant and bigoted.
  It could be, if the government wants to take advantage of the 
location, let us say, of a Hebrew school in downtown New York, that it 
is the best possible route of caring for people in need in that area. 
Why would the government think that it is our position, our 
prerogative, to insist that the Hebrew school hire somebody outside 
their faith tradition? It is the ultimate of arrogance on the part of 
the Federal Government.
  And to those who are concerned about the constitutional issues, may I 
remind my colleagues the Supreme Court actually ruled on this matter. 
In a 1987 case, Corporation of the Presiding Bishop v. Amos, the Court 
supported this kind of approach.
  Ms. WOOLSEY. Mr. Chairman, I yield 15 seconds to the gentleman from 
Virginia (Mr. Scott).
  Mr. SCOTT of Virginia. Mr. Chairman, I just want to make clear the 
Supreme Court cases made it clear that you could discriminate with your 
personal church money, but not with Federal money. All of the cases are 
consistent. In fact, if my colleagues read the cases, they point out 
that if you are using Federal money, you cannot discriminate.
  Ms. WOOLSEY. Mr. Chairman, I yield myself such time as I may consume.
  I want to read two paragraphs from a letter from Barbara Pickney, who 
is head of the St. Landry Parish Head Start program and is State 
president of the Louisiana Head Start Association.
  Paragraph number 1: ``I have become aware that an amendment has been 
offered by Representative Boustany, a Republican from Louisiana, to the 
Head Start bill on the House floor today that would give faith-based 
organizations providing Head Start services the right to discriminate 
with Federal funds against employees who are of different faiths. As 
the State President of the Louisiana Head Start Association, I strongly 
oppose such an amendment.''
  Then she goes on to say, ``I am greatly concerned that the provision 
to remove civil rights protections for employees could have a negative 
impact on the children and families who participate in these programs. 
Tens of thousands of at-risk 3- and 4-year-old children currently in 
Head Start could lose their teachers, who often are the most important 
adults to whom they have bonded, other than their parents; not because 
those teachers are doing a bad job, but because they are the wrong 
religion.''
  That was Barbara Pickney, St. Landry Parish Head Start program, State 
president of the Louisiana Head Start Association.
  Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. 
Edwards).
  Mr. EDWARDS. Mr. Chairman, you can use whatever rhetoric you want, 
but at the end of the day, this amendment not only legalizes religious 
discrimination in America, it pays for that discrimination using 
American taxpayer dollars.
  It is disappointing to me, and I think to the vast majority of 
Americans, that on the same day we are pleading with Iraqis to provide 
religious freedom to their citizens, the Republican leadership and this 
House, with this amendment, is saying it is okay to force an American 
citizen to choose between his or her faith and his or her job. They are 
saying it is okay for American citizens to have to pass someone else's 
private religious test to qualify for a publicly funded job.
  I do not think most Americans are going to think that is okay. I 
think they are going to be offended by it. I think people of faith are 
going to be offended by the fact that some in this House think that 
groups have got to be able to discriminate based on religion in order 
to make their programs work.
  The fact is, this amendment supports and allows and subsidizes racial 
discrimination in job hiring, and no amount of rhetoric can deny that.
  I do not know how the majority can stand up and say it is okay to put 
up a sign, paid for by tax dollars, saying no Jews nor Catholics need 
apply here for a federally funded job, even though they might have a 
Ph.D. in education and 20 years of experience helping children get a 
head start in life; they can still put up that sign. I wonder what the 
majority is going to say and people think they are going to say the 
first time a Christian is denied a job by a Muslim group that has 
received $1 million in Federal funding to run a Head Start program and 
say, no Christians need apply here for a job.
  Mr. Chairman, our country has more religious tolerance than any other 
Nation in the world and more religious freedom than any other Nation in 
the world because we have not allowed this kind of discrimination in 
America.
  This is taking America down the wrong path. Defeat this amendment.
  Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Illinois (Mr. Emanuel).
  Mr. EMANUEL. Mr. Chairman, since 1965, Head Start has provided 22 
million children, American children, with the education and health and 
social services to lead productive lives. It is the most successful 
school readiness program in the Nation. It has always received 
bipartisan support. I want to commend the chairman and the committee 
for producing a very good bill that reauthorizes Head Start so 
America's children get the same type of investment that we have been 
providing Iraqi children.
  I find myself puzzled why you would take such good legislation and 
play politics with it when we can make progress. The rest of the 
country is looking at us and asking us to please put politics aside and 
put progress first. Do not divide Americans along religious lines. That 
is not the America they want; they want an American that comes 
together, recognizes our differences, and makes progress rather than 
politics.
  Mr. Chairman, it is amendments like this that remind me why 29 
percent of the American people think the Congress is doing a good job, 
but well over 75 percent of the American people think this Congress is 
failing to meet the obligations and the challenges that America has. 
You today can get a bill passed in a bipartisan vote, unanimously, with 
everybody understanding because we are investing in America's children, 
and you chose to take that progress and play politics in the most ugly 
way, by pinning American against American based on their religion. This 
does not represent America's values, it does not represent your values, 
and you chose to put politics over progress. It reminds me when I look 
at today's data why the American people hold this Congress in the 
lowest esteem it has in over 15 years.
  Invest in America's future. Choose these children. Give them the best 
start they can for productive lives where they can come and be 
contributors to this country. No, we do not take the progress. The 
chairman of the committee did a good job in the committee, producing a 
good bill that builds on the progress of the last 40 years and 
continues to invest in America's children, and you chose to put an 
amendment on this floor, unprecedented, that chose to divide America, 
not unite it, to choose politics over progress, and to continue the 
same policies that has taken this Congress to the lowest esteem ever in 
the American people's history.
  Mr. BOEHNER. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, the previous speaker talked about how we brought this 
bill out of our committee and brought it to the House, with a unanimous 
vote out of the committee, 48 to nothing. One of the reasons that this 
language was not included in the original bill was to try to create a 
spirit of bipartisanship in moving the process along.
  But the American people elected us to come here and make decisions on 
their behalf. We are having a free and open debate about this issue. No 
one should denigrate the majority because we want to have a debate and 
want to have a vote. We have had this debate many times in this House. 
It has passed every time on a bipartisan basis, and I expect it will 
pass on a bipartisan basis again today.
  The issue here is a simple one. In the 1964 Civil Rights Act, and 
amendments

[[Page 21131]]

to it in 1974, religious organizations were granted an exception in 
their hiring practices so they could hire people of their own faith. I 
think most people would understand that. Over the years, religious 
organizations have been involved in doing all types of good works, 
including providing programs in their communities. But, for far too 
long, these organizations have been denied the use of Federal dollars 
in order to preserve their religious heritage.
  Over the years, a number of programs passed by this Congress have 
been signed into law that have allowed religious organizations to 
maintain the rights given to them under the 1964 Civil Rights Act and 
provide services with Federal funds. As a matter of fact, Bill Clinton, 
Bill Clinton, during 8 years in office, signed 4 laws into law that had 
the same identical language as being offered to this bill today.
  Mr. EMANUEL. Mr. Chairman, will the gentleman yield?
  Mr. BOEHNER. I yield to the gentleman from Illinois.
  Mr. EMANUEL. Mr. Chairman, as somebody who worked for President 
Clinton as his senior advisor, President Clinton did not support, nor 
did he introduce in his welfare bill, anything that you are saying, and 
I will say he never promulgated those rules or enforced that. Mr. 
Chairman, as the gentleman knows, that is not correct.
  Mr. BOEHNER. Mr. Chairman, reclaiming my time, the point is, 
President Bill Clinton signed these laws into law, knowing that the 
language that we are offering today was included.
  What we have been trying to do in the Work Force Investment Act, the 
Community Services Block Grant Act, today in the Head Start Act, is 
bring some consistency to the Federal rules and regulations in terms of 
allowing faith-based providers to offer services without having to give 
up their protections under the Civil Rights Act.

                              {time}  1515

  Now, if you want to change the 1964 Civil Rights Act and say to 
religious organizations, you can have your exemption on hiring, unless 
you take a Federal dollar, fine. Go have that debate in the Judiciary 
Committee, bring it out here, and we will vote on it. But this is not 
the forum to deny those organizations their own rights.
  Ms. WOOLSEY. Mr. Chairman, I yield 10 seconds to the gentleman from 
Illinois (Mr. Emanuel).
  Mr. EMANUEL. Mr. Chairman, in the original welfare reform bill by 
President Clinton, this provision was never in it. Second, it was 
unconstitutional, and it was never promulgated by President Clinton in 
the rulemaking. He does not support that provision. If you want to 
support something that President Clinton believed in, then try fiscal 
responsibility and start balancing the budget. This is not what he 
believes, and the gentleman from Ohio knows that, Mr. Chairman.
  Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Virginia (Mr. Scott).
  Mr. SCOTT. I thank the gentlewoman for yielding me this time.
  Mr. Chairman, again, no group is barred from participation. If this 
amendment is adopted or not adopted, any organization that could 
sponsor a program with this amendment could sponsor it without the 
amendment if you would agree not to discriminate. Now what we are 
doing, you can try to dress it up a little bit, but we are talking 
about a policy where someone wants to refuse to hire Catholics, Jews, 
and Muslims just because they are prejudiced. If that offends you, then 
I do not have to explain to you what is wrong with this amendment.
  If it does not offend you, then I am going to have trouble explaining 
to you what is wrong with this amendment. The 1964 Civil Rights Act has 
been cited. Let us remember the vote on that amendment was not 
unanimous. Obviously a lot of people back then, virtually every 
Representative from my home State of Virginia, voted against the Civil 
Rights Act. But let us remember what it said in the religious 
exemption. It said you could discriminate if your work is connected 
with carrying on the church activities.
  Now, obviously it is okay with church money, but a contract to 
administer a Head Start program is a contract for government services. 
It is not a gift to the church to advance religious missions. It is a 
contract to administer a federally funded program.
  Now, since 1965, it has been illegal to discriminate in Head Start 
for all sponsors. It is okay to discriminate with the church money, 
just not with the Federal money. Let us remember also that when you 
talk about discrimination based on religion, you are talking about 
discrimination based on race, because some religious groups are, to the 
nearest percentage, 100 percent black; others, to the nearest 
percentage, 100 percent white. So your Head Start staff can start 
looking like your church.
  This is a bad amendment. It is ugly. We should not turn the clock 
back on civil rights. If there is a problem in employment, where the 
employer does not like to hire people of different races or religion, 
traditionally it has been a problem of that employer. We need to 
support the victim, as we have for the last 40 years. This is a bad 
amendment, and it needs to be defeated.
  Ms. WOOLSEY. Mr. Chairman, I yield myself the balance of my time.
  This is an amendment that allows Federal funding to support 
discrimination. It is paid for by Federal tax dollars. It will strip 
civil rights protections by allowing religious organizations to 
discriminate in hiring on the basis of religion for Head Start 
positions, and I repeat, using Federal taxpayers' money.
  Under the amendment, a religious organization could tell a potential 
Head Start teacher, of all of the applicants we have seen, you would be 
the best one to teach our kids, but we are not going to hire you, 
because you are not the right religion.
  As I said earlier, Head Start kids are at risk as it is, without 
their teachers being chosen because of their religion instead of 
whether they are the best qualified.
  Mr. Chairman, I ask the members of this body, think before you vote 
yes on this. Think before you set a precedent that has Federal funding 
paying for discrimination based on religion.
  Mr. BOEHNER. Mr. Chairman, I yield myself 30 seconds.
  What we are trying to do here is preserve the rights given to 
religious organizations under the 1964 Civil Rights Act. And for the 
Members who have been paying some attention to this, we know that 
Members on different sides of the aisle, and frankly it is on a 
bipartisan basis, have deeply held convictions about this. Clearly, we 
are not in real agreement.
  But this is an issue that the House really should decide and the 
House should vote on. I am glad that we are having this debate once 
again, because the longer we have the debate, clearly, the evidence is 
coming down that the winning side continues to prevail.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
Nebraska (Mr. Osborne).
  Mr. OSBORNE. Mr. Chairman, I do not know how much clearer this can be 
made. We keep having this circular debate on so many issues. I will 
just go back to the law one more time. We have mentioned over and over, 
title VII, Civil Rights Act, 1964, states specifically, and this is the 
verbiage, ``This subchapter shall not apply to an employer with respect 
to the employment of aliens outside any State, or to a religious 
corporation, association, educational institution, or society, with 
respect to the employment of individuals of a particular religion to 
perform work connected with the carrying on by such corporation, 
association, educational institution, or society of its activities.''
  There is no way we can change this. This is the verbiage. This is the 
language.
  What we are saying here is that a faith-based organization cannot be 
expected to sustain their religious mission if we do not uphold this 
statute. It is very plain.
  If a choir director or a youth director also serves as a Head Start 
employee, you certainly should not have to hire somebody that does not 
sustain the mission of the church.
  Mr. GENE GREEN of Texas. Mr. Chairman, I rise today to show my 
opposition to the Boustany Amendment.

[[Page 21132]]

  Head Start has been one of the most successful education programs in 
our Nation's history.
  It is successful because it brings public, private and faith based 
organizations together to provide a common good.
  Head Start helps disadvantaged youth get a firm foundation on which 
they can build a strong education.
  Mr. Boustany's amendment would allow faith based organizations to 
circumvent civil rights laws governing hiring practices by entities 
receiving federal funding.
  I strongly believe in the case of Head Start, that this is 
inappropriate. Head Start programs are not allowed to decide what 
religion or race the children they serve are.
  Nor should they be able to eliminate qualified candidates for 
employment based on their religious beliefs.
  In my district, thousands of children are served by Head Start and 
almost every major religion is represented by a Head Start program in 
Houston.
  This amendment could lead to divisions in partnerships between Head 
Start providers and communities.
  Currently, many of these relationships are harmonious because our 
community, religious leaders, and educators keep the diverse interests 
of our community a priority.
  I believe this amendment could lead to a shift in those priorities 
and therefore urge my colleagues to vote against this amendment.
  Mr. CUMMINGS. Mr. Chairman, I rise today to oppose the Boustany 
amendment to the School Readiness Act of 2005 (H.R. 2123). This 
amendment would abolish long standing civil rights protections that 
ensure federally funded jobs in the Head Start program are not subject 
to discrimination.
  At a time when 37 million Americans endure the plight of poverty, 
Congress is tragically debating an amendment that would undermine a 
successful anti-poverty program. Head Start provides disadvantaged 
children with a genuine head start in life to outrun the clutches of 
limited opportunities. While H.R. 2123 is not a perfect bill, it 
positively maintains the successful federal-to-local structure of Head 
Start and wisely promotes ``smart accountability.''
  Mr. Chairman, the Boustany amendment needlessly dismantles the 
bipartisan spirit of the underlying bill in an attempt to rectify a 
nonexistent problem. For decades, faith-based organizations that 
provide Head Start services have ably met the needs of children, while 
adhering to the law protecting their 198,000 teachers and 1.4 million 
volunteers from employment discrimination. The Boustany amendment would 
repeal those protections, allowing faith-based Head Start providers to 
establish a ``religious test'' to dictate personnel decisions for 
positions funded with federal tax dollars.
  In fact, the Boustany amendment could allow discrimination on 
practically any basis. Those whose race, gender, or lifestyle are not 
aligned with a particular interpretation of faith could be prohibited 
from federally funded employment under the guise of preserving 
religious expression. For instance, in deciding who gets hired and 
fired from Head Start, do we really want an individual's position on 
contraception or creationism to be equally as relevant as their 
professional qualifications? Head Start teachers should be judged not 
by faith, but by teaching ability.
  That is why hundreds of faith-based and civil rights organizations 
are leading the fight against this discriminatory amendment. The 
Boustany amendment is a poison pill that represents the worst of 
partisan politics. At a hearing held by the Government Reform 
Subcommittee on Criminal Justice, Drug Policy and Human Resources, of 
which I am the Ranking Member, David Kuo, former Deputy Director of the 
White House Office of Faith-Based and Community Initiatives, testified 
that:
  ``At the same time, many members of the president's own party 
expressed equal parts apathy and antipathy towards this agenda. Money 
for the poor? Why it will just get wasted, they said . . . all we 
really need to do is make sure that we have a huge political fight over 
religious charities right to hire and fire based on their own faith. 
That way Republicans will be seen as fighting for religion and 
Democrats will be seen as fighting against it. `It is a good fight to 
have,' I heard time and again. A good fight for partisanship perhaps, 
but less good for the poor.''
  His words are telling of how some in this body are using religion to 
divide the nation and to enact federally subsidized discrimination. 
That is most unfortunate.
  As many of my colleagues have pointed out and I will repeat for 
emphasis--current law already supports the notion that faith-based 
organizations can use its own private funds to decide who it wants to 
hire on the basis of religion, they simply cannot discriminate in 
hiring with American taxpayers' dollars. Discrimination with federal 
dollars is the real issue, not faith-based organizations providing Head 
Start services. Faith-based organizations are and will continue to be 
critical partners in providing these services.
  Mr. Chairman, in this new century so rich with opportunities to right 
the wrongs of our past, let us embrace our democratic values and put 
the needs of our children ahead of partisan political interests. I 
encourage my colleagues to vote ``no'' on the Boustany amendment, and 
if passed, to vote ``no'' on final passage.
  Mr. RUSH. Mr. Chairman, today we are debating whether or not we 
should repeal civil rights provisions in Head Start reauthorization, 
and allow religious organizations that use federal funding to 
discriminate in hiring and firing based on an individual's religious 
beliefs. In a time when we are forcefully trying to persuade other 
countries to include protections against religious discrimination in 
their constitutions, it is astounding that we are here, in the United 
States Congress, trying to repeal these same protections for our own 
citizens.
  As a practicing ordained minister, I find the Boustany amendment to 
be unnecessary, unwise, and unproductive. The Boustany amendment would 
allow religious organizations to waive civil rights protections that 
nonreligious organizations must abide by. The provisions that currently 
govern Head Start have been in place and have been working effectively 
for decades. Religious organizations operate over 5 percent of all Head 
Start programs, abiding by the civil rights provisions, and there is no 
need for Congress to take this unprecedented step that Mr. Boustany is 
proposing. Never before has Congress ever repealed existing civil 
rights protections by adopting an amendment on the House Floor, without 
the benefit of committee hearings, debate, or expert testimony.
  In fact, H.R. 2123, the School Readiness Act, passed through the 
Education and the Workforce Committee by a bipartisan, unanimous 48-0 
vote. Now, some Members of Congress are attempting to sabotage this 
bill by attaching this unconstitutional, divisive amendment to it. 
Maybe this is a way for Members who are against Head Start anyway, to 
try and derail the program. Mr. Boustany knows that Democrats will note 
vote for an amendment that allows federally funded organizations to 
discriminate against any Americans on any grounds.
  Republicans are trying to make us choose between early childcare for 
our neediest students and civil rights protections for the rest of our 
citizens. I wonder what the real motivation is behind bringing up this 
amendment.
  It is truly a shame that Members of this House are playing politics 
with a bill that affects millions of our young children, and which 
millions of Americans have come to trust and rely on. No, Mr. Speaker, 
I will not vote for a bill that repeals civil rights protections. I 
will not vote for federally funded discrimination. It is unconscionable 
that Members of Congress would try to reverse the progress that we have 
made on civil rights in this country. What message are we sending to 
the rest of the world, including the newly-established democracies 
struggling to find a balance between religious freedom and civil 
liberties in their own laws and constitutions?
  Adopting the Boustany amendment will send our country in the wrong 
direction. This is just another example of where the Republican 
Leadership wants to take our country, and I hope all our citizens are 
watching carefully. I urge a ``no'' vote on the Boustany amendment.
  Mr. BOUSTANY. Mr. Chairman, on September 22, 2005, I returned to my 
district to prepare for Hurricane Rita, which was projected to hit 
southwest Louisiana, and I was unable to be present during House 
consideration of H.R. 2123, ``School Readiness Act of 2005.'' Had I 
been present, I planned to offer an amendment that would allow faith-
based Head Start providers to participate in the program and maintain 
the character of their organization through their employment practices. 
I would like to thank my colleague, Representative John Boehner, for 
introducing this amendment in my absence.
  It is critical that faith-based organizations that are willing to 
serve their communities by participating in federal programs are not 
forced to give up who they are to participate. They cannot be expected 
to sustain their religious mission without the ability to employ 
individuals who share the tenets and practices of their faith or who 
are dedicated to upholding the values of the organization. These groups 
should not be forced to abandon who they are because they want to 
assist the community; we lose too many good people who want to help 
when we put that barrier in their way.
  Now, more than ever before, we are seeing first hand the good work 
these groups are

[[Page 21133]]

doing in my region of the country. In the aftermath of Hurricane 
Katrina, faith-based organizations were among the first to reach out a 
hand in service to those impacted by the disaster.
  The 1964 Civil Rights Act makes it clear that faith-based groups have 
a federally protected right to maintain their religious nature and 
character through those they hire. If we do not include the provision 
to allow them to exercise their right we are continuing to discourage 
potential providers, who could provide needed learning experiences, 
from participating in the program.
  Let me be clear, we are not talking about discrimination--nothing in 
the amendment will allow a faith-based provider to discriminate. The 
Boehner amendment merely allows faith-based providers to exercise their 
rights under the Civil Rights Act and help their neighbors by 
participating in this federal program.
  We have a long history of making social service legislation more 
inclusive by extending these rights in various federal programs. 
Despite the attacks launched by opponents of this amendment that we 
will hear today, former President Clinton actually signed four separate 
pieces of legislation that explicitly allow religious organizations 
providing social services to make employment decisions based on 
religion, including the Welfare Reform Act of 1996 and the Community 
Services Block Grant Act of 1998.
  We have also passed these protections in other legislation in the 
House, most recently on the Job Training Improvement Act, H.R. 27.
  The Boehner amendment to the School Readiness Act would simply make 
Head Start consistent with the legislation governing other major social 
service programs amendment, and I urge support of this amendment.
  Ms. McCOLLUM of Minnesota. Mr. Chairman, today I rise to oppose the 
Boustany amendment and all the explicit discrimination it represents.
  Mr. Boustany's proposal fundamentally changes Head Start hiring and 
firing protections provided for Head Start teachers and staff by 
Federal Equal Employment Opportunity laws. If this amendment passes, 
this would be the first time Congress has acted on the House Floor to 
specifically repeal civil rights protections established to combat 
discrimination.
  The amendment is a blatant attack on civil rights. And, it is 
offensive to Americans who value equal rights and justice, and to the 
many of us who are strong people of faith.
  This amendment would allow faith-based organizations that receive 
Federal Head Start dollars to discriminate in the hiring and firing of 
Head Start employees simply based on religion. These changes could also 
affect Head Start parents who might serve as volunteers or advisory 
board members for their children's Head Start program.
  And these acts of discrimination would be paid for with U.S. taxpayer 
dollars!
  In addition, this amendment changes Federal Equal Employment 
Opportunity laws in the Head Start Act. The effects of these changes on 
the rights of women and people with disabilities are unclear. Certainly 
the questions surrounding this possible reduction in rights should be 
answered before we undo hard-fought civil rights protections.
  Let us be clear. Faith-based organizations currently are providing 
Head Start services. I support faith-based organizations. Their 
missions and their work are valued by all of us. This amendment 
provides no additionl opportunities to faith-based Head Start 
providers. It simply provides them the explicit right to discriminate 
based on religion using taxpayer dollars.
  Mr. Chairman, Head Start is a program intended to reduce barriers and 
to provide increased opportunities and equality for low-income children 
and their families. It is shameful that some of my colleagues are 
acting today to reduce opportunities and increase barriers for Head 
Start families.
  I urge my colleagues--don't give discrimination a Head Start. Oppose 
this dangerous amendment.
  The Acting CHAIRMAN (Mr. Terry). The question is on the amendment 
offered by the gentleman from Ohio (Mr. Boehner).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Ms. WOOLSEY. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Ohio (Mr. 
Boehner) will be postponed.


          Sequential Votes Postponed in Committee of the Whole

  The Acting CHAIRMAN. 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 by the gentleman 
from Indiana (Mr. Souder), amendment No. 4 by the gentleman from 
Florida (Mr. Stearns), amendment No. 5 by the gentleman from Illinois 
(Mr. Davis), amendment No. 10 by the gentlewoman from Colorado (Mrs. 
Musgrave), amendment No. 12 by the gentleman from Ohio (Mr. Boehner).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 2 Offered by Mr. Souder

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Indiana 
(Mr. Souder) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 153, 
noes 266, not voting 14, as follows:

                             [Roll No. 488]

                               AYES--153

     Akin
     Baca
     Baird
     Bartlett (MD)
     Becerra
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blumenauer
     Boozman
     Brown, Corrine
     Burton (IN)
     Cannon
     Capito
     Capuano
     Cardin
     Case
     Chabot
     Chandler
     Costello
     Cramer
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (IL)
     Davis, Jo Ann
     DeFazio
     DeLauro
     Dent
     Doolittle
     Duncan
     Emanuel
     English (PA)
     Etheridge
     Evans
     Farr
     Filner
     Fitzpatrick (PA)
     Flake
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gibbons
     Gillmor
     Gonzalez
     Goode
     Green, Al
     Gutierrez
     Gutknecht
     Hayworth
     Hensarling
     Hoekstra
     Holden
     Holt
     Hostettler
     Hulshof
     Inslee
     Israel
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Keller
     Kennedy (MN)
     Kennedy (RI)
     Langevin
     Larson (CT)
     Lee
     Lewis (GA)
     Lewis (KY)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Lynch
     Maloney
     Manzullo
     Marshall
     Matheson
     Matsui
     McHenry
     McKinney
     McNulty
     Meeks (NY)
     Melancon
     Menendez
     Millender-McDonald
     Miller (FL)
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Musgrave
     Nadler
     Napolitano
     Nunes
     Oberstar
     Otter
     Pallone
     Paul
     Payne
     Pence
     Peterson (MN)
     Platts
     Radanovich
     Ramstad
     Rogers (KY)
     Rohrabacher
     Rothman
     Roybal-Allard
     Royce
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shadegg
     Shaw
     Simmons
     Smith (NJ)
     Sodrel
     Souder
     Stearns
     Strickland
     Tancredo
     Tanner
     Taylor (NC)
     Tiahrt
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wamp
     Waters
     Watt
     Weldon (FL)
     Whitfield
     Wu
     Wynn

                               NOES--266

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Andrews
     Bachus
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Barton (TX)
     Bass
     Bean
     Beauprez
     Berkley
     Berman
     Berry
     Bishop (NY)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boren
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Butterfield
     Calvert
     Cantor
     Capps
     Cardoza
     Carnahan
     Carson
     Carter
     Castle
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Crenshaw
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (KY)
     Davis (TN)
     Davis, Tom
     Deal (GA)
     DeGette
     Delahunt
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doyle
     Drake
     Dreier
     Edwards
     Ehlers
     Emerson
     Engel
     Eshoo
     Everett
     Fattah
     Feeney
     Ferguson
     Foley
     Ford
     Fortenberry
     Fossella
     Frank (MA)
     Gallegly
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Grijalva
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hayes
     Herger
     Herseth
     Higgins
     Hinchey
     Hobson
     Honda

[[Page 21134]]


     Hooley
     Hoyer
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jackson (IL)
     Jenkins
     Jindal
     Johnson, Sam
     Kanjorski
     Kaptur
     Kelly
     Kildee
     Kilpatrick (MI)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     LaHood
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Mack
     Marchant
     Markey
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMorris
     Meehan
     Meek (FL)
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moran (VA)
     Murphy
     Murtha
     Myrick
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nussle
     Obey
     Olver
     Osborne
     Owens
     Oxley
     Pascrell
     Pastor
     Pearce
     Pelosi
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Rahall
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Saxton
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skelton
     Slaughter
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stupak
     Sullivan
     Sweeney
     Tauscher
     Taylor (MS)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiberi
     Tierney
     Turner
     Upton
     Walden (OR)
     Walsh
     Wasserman Schultz
     Watson
     Waxman
     Weiner
     Weldon (PA)
     Westmoreland
     Wexler
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Young (AK)
     Young (FL)

                             NOT VOTING--14

     Boswell
     Boustany
     Brady (TX)
     Buyer
     Camp
     DeLay
     Green, Gene
     Hastings (WA)
     Hefley
     Hinojosa
     Kind
     Ortiz
     Poe
     Weller


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (Mr. Terry) (during the vote). Members are 
advised that 2 minutes remain in this vote.

                              {time}  1558

  Messrs. KING of Iowa, REYNOLDS, ROSS, PEARCE, CARNAHAN, BERRY, Ms. 
HARRIS and Mr. REYES changed their vote from ``aye'' to ``no''.
  Ms. WATERS, Messrs. WELDON of Florida, FLAKE, FARR, HOEKSTRA, MORAN 
of Kansas, LEWIS of Kentucky, RAMSTAD, ROGERS of Kentucky, SIMMONS, Ms. 
JACKSON-LEE of Texas, Mr. GARRETT of New Jersey, Mr. LANGEVIN, Mrs. 
JONES of Ohio, Messrs. WAMP, DUNCAN, CUELLAR, SCOTT of Georgia, 
JEFFERSON, Ms. VELAZQUEZ, Messrs. BISHOP of Georgia, TOWNS, FORBES, 
MILLER of Florida, LEWIS of Georgia, Al GREEN of Texas, Mrs. 
NAPOLITANO, Messrs. SANDERS, MEEKS of New York, WYNN, SCOTT of 
Virginia, FITZPAT-
RICK of Pennsylvania, TANNER, WATT, INSLEE, Ms. LEE, Mr. GILLMOR, Ms. 
CORRINE BROWN of Florida, Mr. PAYNE, Mr. CROWLEY, Ms. EDDIE BERNICE 
JOHNSON of Texas, Messrs. EVANS, DOOLITTLE, MOORE of Kansas, 
HENSARLING, OTTER, MENENDEZ, GONZALEZ, Ms. ROYBAL-ALLARD, Messrs. 
FILNER, BACA, SERRANO, BECERRA, CAR-
DIN, PALLONE, NADLER, Ms. SCHAKOWSKY, Messrs. CHABOT, SHAW, MARSHALL, 
ISRAEL, Ms. DeLAURO, Messrs. EMANUEL, LARSON of Connecticut, CRAMER, 
McNULTY and HOLDEN changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 4 Offered by Mr. Stearns

  The Acting CHAIRMAN (Mr. Terry). The pending business is the demand 
for a recorded vote on the amendment offered by the gentleman from 
Florida (Mr. Stearns) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 411, 
noes 0, not voting 22, as follows:

                             [Roll No. 489]

                               AYES--411

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hayes
     Hayworth
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schiff
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

[[Page 21135]]



                             NOT VOTING--22

     Boswell
     Boustany
     Brady (TX)
     Buyer
     Camp
     DeLay
     Edwards
     Green, Gene
     Hastings (WA)
     Hefley
     Hinojosa
     Johnson (CT)
     Kind
     Melancon
     Myrick
     Ortiz
     Poe
     Schakowsky
     Walsh
     Watt
     Weller
     Young (FL)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (Mr. Terry) (during the vote). There are 2 
minutes remaining in this vote.

                              {time}  1605

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


            Amendment No. 5 Offered by Mr. Davis of Illinois

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Illinois 
(Mr. Davis) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 401, 
noes 14, not voting 18, as follows:

                             [Roll No. 490]

                               AYES--401

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Grijalva
     Gutierrez
     Gutknecht
     Harman
     Harris
     Hart
     Hastings (FL)
     Hayes
     Hayworth
     Hensarling
     Herseth
     Higgins
     Hinchey
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Mack
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--14

     Blunt
     Carter
     Flake
     Franks (AZ)
     Hall
     Herger
     Johnson, Sam
     King (IA)
     Marchant
     McHenry
     Myrick
     Price (GA)
     Sessions
     Shadegg

                             NOT VOTING--18

     Baker
     Boswell
     Boustany
     Brady (TX)
     Buyer
     Camp
     DeLay
     Diaz-Balart, L.
     Goode
     Green, Gene
     Hastings (WA)
     Hefley
     Hinojosa
     Kind
     Lynch
     Ortiz
     Poe
     Weller


                  Announcement by the Acting Chairman

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

                              {time}  1613

  Mr. GINGREY and Mr. MARCHANT changed their vote from ``aye'' to 
``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


               Amendment No. 10 Offered by Mrs. Musgrave

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Colorado 
(Mrs. Musgrave) on which further proceedings were postponed and on 
which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 175, 
noes 241, not voting 17, as follows:

                             [Roll No. 491]

                               AYES--175

     Aderholt
     Akin
     Alexander
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Calvert
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     English (PA)
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hayes
     Hayworth
     Hensarling
     Hobson
     Hoekstra
     Hostettler
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas

[[Page 21136]]


     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCrery
     McHenry
     McKeon
     McMorris
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Nussle
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Pombo
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Tancredo
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--241

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boren
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Frelinghuysen
     Gerlach
     Gonzalez
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Harman
     Hart
     Hastings (FL)
     Herger
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Ney
     Oberstar
     Obey
     Olver
     Osborne
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Platts
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Regula
     Renzi
     Reyes
     Rogers (MI)
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Shimkus
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (MS)
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--17

     Baker
     Boswell
     Boustany
     Brady (TX)
     Buyer
     Camp
     DeLay
     Green, Gene
     Hastings (WA)
     Hefley
     Hinojosa
     Kind
     Lynch
     Ortiz
     Peterson (PA)
     Poe
     Weller


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (Mr. Terry) (during the vote). Members are 
advised 2 minutes remain in this vote.

                              {time}  1621

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


                Amendment No. 12 Offered by Mr. Boehner

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Ohio (Mr. 
Boehner) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 220, 
noes 196, not voting 17, as follows:

                             [Roll No. 492]

                               AYES--220

     Aderholt
     Akin
     Alexander
     Bachus
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Calvert
     Cannon
     Cantor
     Capito
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shimkus
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--196

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kirk
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger

[[Page 21137]]


     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Sherwood
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--17

     Baker
     Boswell
     Boustany
     Brady (TX)
     Buyer
     Camp
     DeLay
     Gohmert
     Green, Gene
     Hastings (WA)
     Hefley
     Hinojosa
     Kind
     Lynch
     Ortiz
     Poe
     Weller


                  Announcement by the Acting Chairman

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

                              {time}  1629

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIRMAN. The question is on the committee amendment in 
the nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Simpson) having assumed the chair, Mr. Terry, Acting Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2123) to 
reauthorize the Head Start Act to improve the school readiness of 
disadvantaged children, and for other purposes, pursuant to House 
Resolution 455, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. WOOLSEY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 231, 
noes 184, not voting 18, as follows:

                             [Roll No. 493]

                               AYES--231

     Aderholt
     Akin
     Alexander
     Bachus
     Barrett (SC)
     Barrow
     Barton (TX)
     Bass
     Bean
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Bradley (NH)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Calvert
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole (OK)
     Conaway
     Costa
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Cunningham
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Edwards
     Ehlers
     Emerson
     English (PA)
     Eshoo
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hensarling
     Herger
     Herseth
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Marchant
     Marshall
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                               NOES--184

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Bartlett (MD)
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Carson
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costello
     Crowley
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Duncan
     Emanuel
     Engel
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Flake
     Frank (MA)
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kucinich
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Maloney
     Manzullo
     Markey
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tancredo
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wynn

                             NOT VOTING--18

     Baker
     Boswell
     Boustany
     Brady (TX)
     Buyer
     Camp
     DeLay
     Gohmert
     Green, Gene
     Hastings (WA)
     Hefley
     Hinojosa
     Kind
     Lynch
     Ortiz
     Poe
     Smith (NJ)
     Weller


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Simpson) (during the vote). Members are 
advised there are 2 minutes remaining in this vote.

                              {time}  1646

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________