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So let me just conclude by saying this is a conscience clause. Let me say it again. It is a conscience clause that is good, solid. It is rooted in boilerplate language that we find in other parts of the U.S. Code. I urge a strong no vote on the Lowey amendment and a yes vote on the Smith amendment.
Federal Statutes Protecting Moral and Religious Convictions
8 U.S.C. §1182(g). Bond and conditions for admission of alien excludable on health-related grounds. The Attorney General may waive the application of ... subsection (a)(1)(A)(ii) of this section [requiring documentation of having received vaccination against certain diseases] in the case of any alien ... under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien's religious beliefs or moral convictions....
18 U.S.C. §3597(b). Excuse of an employee on moral or religious grounds. No employee of any State department of corrections, the United States Department of Justice, the Federal Bureau of Prisons, or the United States Marshals Service, and no employee providing services to that department, bureau, or service under contract shall be required, as a condition of that employment or contractual obligation, to be in attendance at or to participate in any prosecution or execution under this section if such participation is contrary to the moral or religious convictions of the employee. In this subsection, ``participation in executions'' includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.
21 U.S.C. §848(r). Refusal to participate by State and Federal correctional employees. No employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required, as a condition of that employment, or contractual obligation to be in attendance at or to participate in any execution carrier out under this section if such participation is contrary to the moral or religious convictions of the employee. For purposes of this subsection, the term ``participation in executions'' includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.
42 U.S.C. §300a-7(b). Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral convictions. The receipt of any grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. §201 et seq.], the Community Mental Health Centers Act [42 U.S.C. §2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. §6000 et seq.] by any individual or entity does not authorize any court or any public official or other public authority to require--
(1) such individual to perform or assist in the performance of any sterilization procedure or abortion if his performance or assistance in the performance of such procedure or abortion would be contrary to his religious beliefs or moral convictions; or
(2) such entity to----
(A) make its facilities available for the performance of any sterilization procedure or abortion if the performance of such procedure or abortion in such facilities is prohibited by the entity on the basis of religious beliefs or moral convictions, or
(B) provide any personnel for the performance or assistance in the performance of any sterilization procedure or abortion if the performance or assistance in the performance of such procedure or abortion by such personnel would be contrary to the religious beliefs or moral convictions of such personnel.
42 U.S.C. §300a-7(c). Discrimination prohibition. (1) No entity which receives a grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. §201 et seq.], the Community Mental Health Centers Act [42 U.S.C. §2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. §6000 et seq.] after June 18, 1973 may----
(A) discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or
(B) discriminate in the extension of staff or other privileges to any physician or other health care personnel,
because he performed or assisted in the performance of a lawful sterilization procedure or abortion, because he refused to perform or assist in the performance of such a procedure or abortion on the grounds that his performance or assistance in the performance of the procedure or abortion would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting sterilization procedures or abortions.
(2) No entity which receives after July 12, 1974, a grant or contract for biomedical or behavioral research under any program administered by the Secretary of Health and Human Services may----
(A) discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or
(B) discriminate in the extension of staff or other privileges to any physician or other health care personnel,
because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity.
42 U.S.C. §300a-7(d). Individual rights respecting certain requirements contrary to religious] beliefs or moral convictions. No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health and Human Services if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions.
42 U.S.C. §300a-7(e). Prohibition on entities receiving Federal grant, etc., from discriminating against applicants for training or study because of refusal of applicant to participate on religious or moral grounds. No entity which receives, after September 29, 1979, any grant, contract, loan, loan guarantee, or interest subsidy under the Public Health Service Act [42 U.S.C. §201 et seq.], the Community Mental Health Centers Act [42 U.S.C. §2689 et seq.], or the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. §6000 et seq.] may deny admission or otherwise discriminate against any applicant (including applicants for internships and residencies) for training or study because of the applicant's reluctance, or willingness, to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to or consistent with the applicant's religious beliefs or moral convictions.
42 U.S.C. §1395w-22(j)(3)(B). Conscience protection. Subparagraph (A) [prohibiting interference with provider advice to enrollees] shall not be construed as requiring a Medicare + Choice plan to provide, reimburse for, or provide coverage of a counseling or referral service if the Medicare + Choice organization offering the plan--(i) objects to the provision of such service on moral or religious grounds; and (ii) in the manner and through the written instrumentalities such Medicare + Choice organization deems appropriate, makes available information on its policies regarding such service to prospective enrollees before or during enrollment and to enrollees within 90 days after the date that the organization or plan adopts a change in policy regarding such a counseling or referral service.
42 U.S.C. §1396u-2(b)(3). Construction. Subparagraph (A) [protecting enrollee-provider communications] shall not be construed as requiring a medicaid managed care organization to provide, reimburse for, or provide coverage of, a counseling or referral service if the organization (i) objects to the provisions of such service on moral or religious grounds; and (ii) in the manner and through the written instrumentalities such organization deems appropriate, makes available information on its policies regarding such service to prospective enrollees before or during enrollment and to enrollees within 90 days after the date that the organization adopts a change in policy regarding such a counseling or referral service.
42 U.S.C. §2996f(b). Limitations on uses. No funds made available by the [Legal Services] Corporation under this subchapter, either by grant or contract, may be used ..... (8) to provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion, contrary to the religious beliefs or moral convictions of such individual or institution.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the gentlewoman from New York (Mrs. LOWEY) to the amendment offered by the gentleman from New Jersey (Mr. SMITH).
The question was taken; and the Chairman announced that the noes appeared to have it.
Mrs. LOWEY. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 246, further proceedings on the amendment offered by the gentlewoman from New York (Mrs. LOWEY) to the amendment offered by the gentleman from New Jersey (Mr. SMITH) will be postponed.
SEQUENTIAL VOTES POSTPONED IN COMMITTEE OF THE WHOLE
The CHAIRMAN. Pursuant to House Resolution 246, proceedings will now resume on those amendments on which further proceedings were postponed in the following order: The amendment offered by gentleman from Texas (Mr. SESSIONS), the amendment offered by the gentlewoman from New York (Mrs. LOWEY), and the amendment offered by the gentleman from New Jersey (Mr. SMITH).
The Chair will reduce to 5 minutes the time for any electronic vote after the first vote in this series.
AMENDMENT NO. 10 OFFERED BY MR. SESSIONS
The CHAIRMAN. The pending business is the demand for a recorded vote on the amendment offered by the gentleman from Texas (Mr. SESSIONS) on which further proceedings were postponed and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
RECORDED VOTE
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 82, noes 334, not voting 18, as follows:
Aderholt
Barcia
Bartlett
Berkley
Berry
Bono
Boswell
Brady (TX)
Bryant
Chabot
Combest
Cook
Crane
Danner
DeMint
Duncan
Dunn
Emerson
Everett
Fletcher
Fossella
Gibbons
Goode
Graham
Green (WI)
Hall (TX)
Hansen
Hastings (WA)
Hayworth
Hefley
Hill (IN)
Hilleary
Jenkins
Johnson, Sam
Jones (NC)
Kasich
Kelly
Kind (WI)
Kucinich
Largent
Lewis (KY)
LoBiondo
Lucas (KY)
Manzullo
McCollum
Metcalf
Mica
Moran (KS)
Myrick
Nethercutt
Paul
Pryce (OH)
Radanovich
Ramstad
Riley
Rogan
Ryun (KS)
Salmon
Sanders
Sanford
Schaffer
Sensenbrenner
Sessions
Shimkus
Shows
Skeen
Stabenow
Stearns
Stump
Tancredo
Taylor (MS)
Thornberry
Thune
Tiahrt
Toomey
Turner
Udall (CO)
Upton
Vitter
Wamp
Watkins
Wu
Abercrombie
Ackerman
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Capuano
Cardin
Carson
Castle
Chambliss
Clay
Clayton
Clement
Clyburn
Coburn
Collins
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crowley
Cubin
Cummings
Cunningham
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Etheridge
Evans
Ewing
Farr
Filner
Foley
Forbes
Ford
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gephardt
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Granger
Green (TX)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hastings (FL)
Hayes
Herger
Hill (MT)
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Larson
LaTourette
Lazio
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
Lofgren
Lowey
Lucas (OK)
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