Legislative Bulletins

Motion to Recommit H.R 1388, the GIVE Act

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Washington, Mar 18, 2009 | comments

Motion to Recommit H.R 1388, the GIVE Act

March 18, 2009

Summary of Motion: The motion would recommit H.R. 1388 back to the House Education and Labor Committee with instructions that the committee report the bill back to the House floor forthwith (i.e. instantaneously) with the following amendment.

The text of the Republican MTR being voted on now would prohibit a participant from:

  • Attempting to influence legislation;
  • Organizing or engaging in protests, petitions, boycotts, or strikes;
  • Assisting, promoting, or deterring union organizing;
  • Impairing existing contracts for services or collective bargaining agreements;
  • Engaging in partisan political activities;
  • Participating in events that are likely to include advocacy for or against political parties/platforms/candidates;
  • Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship;
  • Providing a direct benefit to a business organized for profit, a labor organization, a partisan political organization, a nonprofit organization; or an organization engaged in the religious activities described above unless the Corporation assistance is not used to support those religious activities;
  • Conducting a voter registration drive.
The MTR would make the following organizations ineligible for assistance in this bill:

  • Organizations that provide or promote abortion services, including referral;
  • For-profit organization, or organizations engaged in political or legislative advocacy;
  • Organizations that have been indicted for voter fraud.
The MTR would prohibit the following activities:

  • Activities that would otherwise be performed by an employed worker as part of his or her assigned duties as an employee or by another volunteer who is not a participant in an approved national service position;
  • Activities that will supplant the hiring of employed workers or work of such other volunteers.
Process: This MTR moves to recommit the bill (with instructions) “forthwith.” If passed, the forthwith directive would technically send the bill back to committee along with the MTR instructions, requiring the committee to immediately return the bill to the House along with the amendment. In effect, the chairman of the committee would take the floor and immediately report the bill back to the House with the amendment instructions in the MTR. The House would then vote on the amendment (in essence, a second vote on the MTR with instructions). If this passes, a vote on final passage – with the amendment included – would be before the House.

NOTE: The House Democrat Rules package for the 111th Congress (H.Res 5) denied the minority the right to offer MTRs “promptly.” If passed, the promptly directive would actually send the bill back to committee along with the MTR instructions. It would NOT instantaneously amend the bill, as would a “forthwith” directive, nor would this motion kill the bill (as the majority has falsely asserted). In this instance, the committee would not required to act upon the bill. However, the committee could convene a special meeting to consider the bill and potentially send it back to the House, but the Rules Committee would have to meet and report another rule for consideration of the bill. All of this could happen on the very same legislative day, if so desired.

The “promptly” motion would allow for more thoughtful consideration of minority amendments, but the Democrats have decided they do not want such consideration.

RSC Staff Contact: Natalie Farr, natalie.farr@mail.house.gov, (202) 226-0718
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