Improving The Community Services Block Grant Act Of 2003
Mr. Chairman, I offer an amendment in the nature of a substitute. Mr. Chairman, the Woolsey-Miller-Payne-Andrews-Van Hollen-Frank-Scott-Nadler amendment is a Democratic substitute to H.R. 3030. This Democratic substitute is word for word…
Mr. Chairman, I offer an amendment in the nature of a substitute.
Mr. Chairman, the Woolsey-Miller-Payne-Andrews-Van Hollen-Frank-Scott-Nadler amendment is a Democratic substitute to H.R. 3030. This Democratic substitute is word for word the same as H.R. 3030 except for one big difference: the Democratic substitute prohibits religious discrimination with Federal CSBG funds.
It does this by making just three changes to the underlying bill. First, the Democratic substitute adds the word ``religion'' to the list of protected groups that cannot be discriminated against with CSBG funds. This list now prohibits discrimination on the basis of race, color, national origin, or sex. We want to add religion to that.
Second, the substitute does not include the title VII exemption to the Civil Rights Act, which is in current CSBG law, permitting faith- based organizations to discriminate based on religion when hiring with Federal funds. In other words, Mr. Chairman, religious discrimination is not allowed when using Federal funds.
Finally, the substitute adds a provision to clarify that while religious organizations are welcome and able to participate in CSBG, they must conduct their activities in a lawful and secular manner when using Federal funds. This language is taken directly from Chief Justice Rehnquist's majority opinion in the Supreme Court case of Bowen v. Kendrick, the case which sets the constitutional requirements for religious organizations that provide government services.
Faith-based organizations have a long and successful history of participating in CSBG programs, and we want that participation to continue. We celebrate their contribution. We want faith-based organizations to participate in the same lawful and secular manner as they did prior to the 1998 reauthorization, an authorization that
occurred in the middle of the night that allowed faith-based organizations to discriminate when hiring staff with Federal funds. That change was made by tucking a significant anti-civil rights provision into an otherwise sound conference report that was based on a voice vote in the middle of the night on the House floor; and, of course, it passed.
With this Democratic substitute, Members have the opportunity to actually vote in the clear light of day on whether or not they want organizations to be able to use Federal funds to further religious discrimination.
Mr. Chairman, a vote for the Democratic substitute is a vote for community service block grants. The Democratic substitute funds local community action agencies which sponsor so many important programs that address the needs of low-income families in our communities. Strong community action agencies make for strong families, strong communities, and a stronger Nation.
The Democratic substitute gives Members the opportunity to take a clean vote for CSBG, without voting for religious discrimination, and I urge my colleagues to please support it.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I thank the gentleman from New Jersey for yielding to me, and I just wish to respond to the gentleman from Ohio (Mr. Boehner), because he repeats over and over that by not allowing faith-based organizations to discriminate using Federal funds, it would have a chilling effect on these organizations. I want to tell him that what would have a chilling effect and does have a chilling effect is allowing the use of Federal tax dollars based on religious hiring.
Using Federal tax dollars to discriminate is chilling, and we must not let it happen.
I thank the gentleman for yielding.
Mr. Chairman, my point ought to be taken very seriously by the gentleman from Virginia (Mr. Cantor). We have all received an action alert in our offices from the Focus on the Family CitizenLink. In the communique they say that on Wednesday we are going to have this debate and we are going to have this amendment to prohibit faith-based organizations from hiring on the basis of religion. As a result, Christian charities interested in accepting Federal funds would be required to ignore religious conviction in hiring even if potential employees practice Islam, Judaism or no religion at all. So the gentleman from Virginia's folks that he quoted would not get hired.
Mr. Chairman, in response to the comment of the gentleman from Georgia (Mr. Isakson) that there is no known discrimination because of the exemption included in the underlying bill, I would like to read a story that I have here, and the story is that in Georgia last fall, Alan Yorker responded to an advertisement in the Atlanta Journal Constitution for a position at the Methodist Children's Home. Mr. Yorker is an exceptionally qualified psychotherapist with over 20 years' experience counseling young people and their families, and over a decade's experience teaching in Emory University professional schools, and a number of appointments to State professional committees. The Home, as the Methodist Children's Home is referred to, has admitted that his credentials placed him among the top candidates for the position. On the strength of these credentials, the Home rushed him in for an interview where he was first required to disclose in an application form his religious affiliation, church and minister.
Mr. Yorker, a Jew, supplied the name of his synagogue and rabbi. As his interview was getting under way, the home administrator checked Mr. Yorker's response to this section of the application, noted that Mr. Yorker is Jewish and announced that the home does not hire people of his faith. Alan Yorker was shown the door.
The same administrator told another woman in the organization that it is the home's practice to throw the resumes of applicants with Jewish- sounding names in the trash. Only because the administrator had not recognized the name ``Yorker'' as Jewish was he interviewed in the first place.
That is what happens, and that is what happened.
Mr. Chairman, I move to strike the requisite number of words.
Mr. Chairman, the 1964 Civil Rights Act allows faith-based organizations, religious organizations to use their own funds, and they can discriminate if they choose. That act does not allow faith-based organizations to use Federal funds starting in 1964.
The chairman is right. The only difference in this bill is the faith- based discrimination based on religion language. That is what we would like to remove because, Mr. Chairman, this is a sad move on the side of the Republicans to continue to take perfectly good legislation and allow a poison pill to stay in that legislation thinking that the people on this side of the aisle are going to vote yes, that we have no choice.
You know what? It is wrong. We do have a choice. It is wrong to allow religious discrimination using Federal dollars, and we are going to vote against it.
I support faith-based organizations and the good they are doing in their outreach and their human service programs. I support them totally. The faith-based groups in my district are successful. They tell me, Get that language out of the bill. We do not need it. They agree that the exemption to title VII is useless. It should not be in there and that individual groups should not be able to use Federal tax dollars to discriminate in their hiring policies.
If this language remains in the bill, I, for one, will be forced to vote against the underlying bill because I will not vote to use tax dollars for discrimination.
Mr. Chairman, I demand a recorded vote.