On May 2, the Improving Head Start Act of 2007 (H.R. 1429) passed the House without a provision that would have allowed grantees to discriminate on the basis of religion when hiring for positions funded by Head Start. The 365-48 vote followed the defeat of an amendment sponsored by Rep. Howard McKeon (R-CA) that would have permitted the religion-based hiring decisions. The long battle over Head Start reauthorization will now move forward as the Senate considers Sen. Ted Kennedy's (D-MA) Head Start for School Readiness Act (S.556), which does not include a religious preference measure. In addition, neither bill contains controversial limitations on use of private funds for voter registration by Head Start agencies.

In March, the House Education and Labor Committee voted down a similar amendment sponsored by Resident Commissioner Louis Fortuno (R-PR). However, the proponents of the religious preference measure fought hard to insert the provision during the floor vote. This included the White House, which released a statement defending the faith-based amendment the day before the House vote. It said, "The Administration strongly encourages the House to amend H.R. 1429 to ensure that faith-based organizations are not asked to forfeit their religious hiring autonomy as a condition of receiving Head Start grants."

The House Rules Committee did not allow Fortuno's amendment to be considered on the floor, instead allowing an amendment introduced by Rep. Heath Shuler (D-NC), that inserted language praising the history and importance of faith-based organizations' contributions to and participation in Head Start programs. It also says, "Faith-based and community-based organizations continue to be eligible, on the same basis as other organizations, to participate in any program under this section for which they are otherwise eligible."

House Minority Leader John Boehner (R-OH) released a Dear Colleague letter advocating that the bill be sent back to the committee to consider the faith-based proposal in order to "prevent the federal government from revoking the rights of religious organizations to hire on a religious basis or to maintain their religious character." The letter charges that "the Shuler amendment is little more than a transparent attempt at political cover for Democrats."

During the debate on the House floor, Rep. Chet Edwards (D-TX) commented ,"Our principle is simple but deeply profound. No American, not one, should ever have to pass another American's private religious test to qualify for a tax-funded Federal job."

The Coalition Against Religious Discrimination (CARD), made up of religious, civil rights, labor, health, and advocacy organizations, including OMB Watch, worked tirelessly to get a Head Start reauthorization bill passed without the discriminatory language. In the end, a motion to recommit the bill was defeated by a vote of 222-195, and the final bill passed in the House by a vote of 365-48.

The House bill bars use of funds for publicity or propaganda purposes and for funding pre-packaged news stories unless supplied by the Department of Health and Human Services. The Senate version bars use of employee program time for transporting people to the polls on Election Day, but drops previous language that would have barred use of private funds for voter registration activities. The restriction on private funds was a highly controversial issue as the last Congress considered Head Start reauthorization, and it is a good sign that it is not part of either bill.