Serve America -- Legislative Update and Action Plan

Serve America cleared its first Senate hurdle with a strong pro-vote for cloture 74-14.

Sixty votes are needed to invoke cloture. Most Republicans voted cloture. The opposition came from the ideological right and Republican Senate leadership, McConnell (R-Ky) and Kyl (R-Ariz.)

Nevertheless, celebrations are premature. When the bill is considered later this week, another cloture motion will have to be filed to break the filibuster according to what Senator Schumer (D-NY) told me. He is part of the Senate Democratic leadership this is what was discussed at a leadership meeting. Anything can change but this is the likely course of action.

Senators reported they were deeply moved by Senator Kennedy's presence on the floor. He used a cane for support but showed the power of his commitment by his presence and his vote. later a small group of us walking out of the Senate passed him in his car waved to him and gave him the thumbs up sign.

I. Here's an analysis of the vote.

1. Every Senate Democrat who was present supported cloture.
2. 23 Senate Republicans supported cloture and 14 opposed it.
3. 8 Southern Republicans supported cloture and 5 opposed it.
4. 11 Senators were absent with Minnesota having a vacant seat.
5. 9 absent Senators would have voted for cloture, 2 would have opposed.

II. Next Steps

In the next day or two the motion to proceed will be adopted. Again we will analyze the vote.

Amendments will be filed prior to the cloture vote unless time agreements are forged on voting on certain amendments.

The harmful language from the House bill is not in the legislation. An amendment incorporating existing laws against partisan activities will be offered. It has the approval of the bill managers and Senator Enzi, the ranking Republican on the parent legislative Committee. That will be a key vote

Harmful amendments may also be offered. If cloture is required they will be offered after cloture. Such amendments must be defeated.

If cloture is needed that will be the key vote. The bill cannot have a final passage vote absent cloture. 60 votes will be required.
A key effort must be made on Republicans who voted for cloture on the motion to proceed to the bill.

III, Senate Republicans Who Supported Cloture

These Senators should be thanked, urged to support cloture on the bill, support the bill and oppose weakening Amendments
Alexander (Tenn)
Barasso (Wyo)
Bennett (Utah)
Bond (Mo)
Burr (NC)
Chambliss (Ga)
Cochran (Miss)
Collins (Me)
Corker (Tenn)
Graham (SC)
Grassley (Iowa)
Gregg (NH)
Hatch (Utah)
Hutchinson (Tex)
Isakson (Ga)
Johanns (Nebr)
Lugar (Ind)
McCain (Ariz)
Murkowski (Alaska)
Snowe (Me)
Specter (Pa)
Voinovich (Ohio)
Wicker (Miss)

IV. Absent Senators

They should be communicated with and all except Cornyn (Tex) and Vitter (La) should be urged to be present for the next vote for cloture, passage of the bill and opposition to weakening amendments. These Senators are the following Democrats:

Begich (Alaska)
Boxer (Calif)
Harkin (Iowa)
Inouye (Hawaii)
Landrieu (La)
Nelson (Fla)
Pryor (Ark)

The same instruction applies to these Republicans:

Enzi (Wyo)
Martinez (Fla)

Signing ceremony for Serve America

Looks like it will be April 21.

David Bank
Editor, Encore.org

Senate may vote TONIGHT

Voices for National Services sent out this Action Alert:

The Senate resumed consideration of the Serve America Act at 10:30am this morning. On Wednesday evening, Senate Majority Leader Reid (D-NV) filed a cloture petition to cut off debate, but Senator Reid expressed his hope that the Senate could finish consideration and hold a vote on final passage early Thursday evening.

How can you help?

* Please call your Senators NOW. The Senate operator - 202-224-3121- can connect you with your legislators.
* Urge them to vote against any hostile amendment that will undermine this important piece of legislation and ask them to vote in support of the Serve America Act.
* Every phone call counts and every vote matters. PLEASE CALL TODAY, RIGHT NOW.

During Wednesday's debate 31 amendments were filed, and 7 were accepted by unanimous consent.

* Baucus/Grassley Amendment to establish a Nonprofit Capacity Building Program.
* Johanns Amendment to ensure that organizations promoting competitive and non-competitive sporting events involving individuals with disabilities may receive direct and indirect assistance to carry out national service programs.
* Landrieu Amendment to add a foster care program to the national service corps programs.
* Murkowski/Dorgan Amendment to modify certain provisions relating to Native Americans.
* Shaheen/Gregg Amendment to ensure that the Education Corps may carry out activities that provide music and arts education and engagement.
* Burr Amendment to provide for outreach to high schools with low graduation rates.
* Burr Amendment to clarify references to high school graduation rates.

Several amendments of concern to the national service community have been filed, but it remains uncertain whether they will receive Senate floor consideration. It is important that we proactively reach out to our senators and make them aware that these amendments could harm national service in America. If they are formally introduced, your Senator should oppose the following:

* VOTE NO: Burr Amendment and DeMint Amendment require an FBI fingerprint check, in addition to a check of the national sex offender registry and state criminal repositories, for all national service programs. While we strongly support the goal of protecting children, elderly and other vulnerable populations, the FBI fingerprint database is not legally available to many nonprofit organizations, and passing the Burr and DeMint Amendments would not make that a reality. According to the Department of Justice, there is a "wide disparity" in access to the FBI fingerprint check across the 50 states and most national service organizations can not legally access the database. The Burr and DeMint Amendments would put hundreds of national service programs into legal jeopardy for non-compliance.
* VOTE NO: Ensign Amendment to require the Corporation for National Service to charge grantees for any post-service benefit erroneously certified. The Ensign amendment strikes qualifying language from the Serve America Act, making fee or repayment mandatory and removing the Corporation's discretion to fully investigate each situation to separate fraud from honest timekeeping errors. The Serve America Act strengthens existing safeguards to ensure that awards are earned and those that are erroneously certified are repaid. The language in the Serve America Act is strong and we are confident it will protect the federal investment. The Ensign Amendment, however, creates a liability too heavy for most small nonprofits to bear, and will harm small faith-based and community organizations who are acting in good faith to comply with the law.
* VOTE NO: Coburn Amendment bars individuals from a family with a taxable income of more than $1,000,000 from receiving a stipend, living allowance, education award or other earned compensation for participating in a national service program. The Coburn Amendment limits benefit eligibility by class. National service should engage people of all ages and backgrounds. People have complained that very few wealthy people serve in the all volunteer military. The Coburn Amendment sends the message that we don't want them to serve in AmeriCorps, either. The amendment would add significantly to the regulatory burden posed by AmeriCorps requiring a means-testing process for thousands of volunteers. Most members serving are 18 years of age or older, they are adults. Their parents’ income is not always a measure of the corps member's own financial situation and family income should be a private matter.
* VOTE NO: DeMint Amendments to disqualify from participation in national service programs any organization that engages in political or legislative advocacy, provide or promote abortion services, or have been indicted for voter fraud. The DeMint Amendments disqualify nonprofits if they are co-located with such organizations. These amendments go too far, they punish nonprofits regardless whether or not such activities are funded outside the context of a national service program. The Senate should reject the DeMint Amendments and any other effort to diminish the rights of individuals and nonprofit organizations to advocate and lobby on behalf of issues in which they believe.

David Bank
Editor, Encore.org