H.Amdt 49 to H.R. 1388 Prohibits Organizations From Influencing Legislation, Protesting or Petitioning.

H.Amdt 49 to H.R. 1388 introduced by Congressman George Miller (D-California, 7th Congressional District): Amendment to prohibit organizations from attempting to influence legislation; organize or engage in protests, petitions, boycotts, or strikes; and assist, promote, or deter union organizing.

H.AMDT.49 (A012)
Amends: H.R.1388
Sponsor: Rep Miller, George [CA-7] (offered 3/18/2009)

AMENDMENT PURPOSE:
Amendment to prohibit organizations from attempting to influence legislation; organize or engage in protests, petitions, boycotts, or strikes; and assist, promote, or deter union organizing.

STATUS:

3/18/2009 4:32pm:
Amendment (A012) offered by Mr. Miller, George. (consideration: CR H3607; text: CR H3607)
3/18/2009 4:32pm:
On agreeing to the Miller, George amendment (A012) Agreed to by voice vote.

http://www.thomas.gov/cgi-bin/bdquery/z?d111:HZ00049:
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Apparently this amendment changes this part of the U.S. Code from this:

SEC. 125. [42 U.S.C. 12575] Training and technical assistance

(a) Training programs

The Corporation may conduct, directly or by grant or contract, appropriate training programs regarding national service in order to‑‑

(1) improve the ability of national service programs assisted under section 12571 of this title to meet human, educational, environmental, or public safety needs in communities‑‑

(A) where services are needed most; and

(B) where programs do not exist, or are too limited to meet community needs, as of the date on which the Corporation makes the grant or enters into the contract;

(2) promote leadership development in such programs;

(3) improve the instructional and programmatic quality of such programs to build an ethic of civic responsibility;

(4) develop the management and budgetary skills of program operators;

(5) provide for or improve the training provided to the participants in such programs; and

(6) encourage national service programs to adhere to risk management procedures, including the training of participants in appropriate risk management practices.

(b) Technical assistance

To the extent appropriate and necessary, the Corporation shall make technical assistance available to States, Indian tribes, labor organizations, organizations operated by young adults, organizations serving economically disadvantaged individuals, and other entities described in section 12571 of this title that desire‑‑

(1) to develop national service programs; or

(2) to apply for assistance under such section or under a grant program conducted using assistance provided under such section.

To this:

SEC. 1304. PROHIBITED ACTIVITIES AND INELIGIBLE ORGANIZATIONS.

Section 125 (42 U.S.C. 12575) is amended to read as follows:
`SEC. 125. PROHIBITED ACTIVITIES AND INELIGIBLE ORGANIZATIONS.

`(a) Prohibited Activities- A participant in an approved national service position under this subtitle may not engage in the following activities:

`(1) Attempting to influence legislation.

`(2) Organizing or engaging in protests, petitions, boycotts, or strikes.

`(3) Assisting, promoting, or deterring union organizing.

`(4) Impairing existing contracts for services or collective bargaining agreements.

`(5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office.

`(6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials.

`(7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization.

`(8) Providing a direct benefit to–

`(A) a business organized for profit;

`(B) a labor organization;

`(C) a partisan political organization;

`(D) a nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and

`(E) an organization engaged in the religious activities described in paragraph (7), unless Corporation assistance is not used to support those religious activities.

`(9) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive.

`(10) Such other activities as the Corporation may prohibit.

`(b) Ineligible Organizations- No assistance provided under this subtitle may be provided to the following types of organizations (including the participation of a participant in an approved national service position under this subtitle in activities conducted by such organizations) or to organizations that are co-located on the same premises as the following organizations:

`(1) Organizations that provide or promote abortion services, including referral for such services.

`(2) For-profit organizations, political parties, labor organizations, or organizations engaged in political or legislative advocacy.

`(3) Organizations that have been indicted for voter fraud.

`(c) Nondisplacement of Employed Workers or Other Volunteers- A participant in an approved national service position under this subtitle may not perform any services or duties or engage in activities which–

`(1) 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; or

`(2) will supplant the hiring of employed workers or work of such other volunteers.’.