[Congressional Record Volume 150, Number 94 (Friday, July 9, 2004)]
[House]
[Pages H5412-H5414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROVIDING FOR CONSIDERATION OF H.R. 2828, WATER SUPPLY, RELIABILITY, 
                   AND ENVIRONMENTAL IMPROVEMENT ACT

  The SPEAKER pro tempore. The Chair would advise that the gentleman 
from Massachusetts (Mr. McGovern) has 30 seconds remaining. The 
gentleman from Washington (Mr. Hastings) has 23\1/2\ minutes remaining.
  Mr. McGOVERN. Mr. Speaker, if I could ask my colleague from 
Washington, does he have only one speaker to close?
  Mr. HASTINGS of Washington. I have one speaker left. So if the 
gentleman is prepared to close, I am.
  Mr. McGOVERN. Mr. Speaker, I yield myself the remaining time.

[[Page H5413]]

  I want to urge my colleagues to vote ``no'' on the previous question 
so that I could bring up an amendment which simply says that during the 
consideration of H.R. 2828, a record vote by electronic device shall 
not be held open for the sole purpose of reversing the outcome of a 
vote.
  Yesterday was a disgrace, and the only way it will never happen again 
is if some of my Republican colleagues stand up to the bully of their 
own leadership. Vote ``no'' on the previous question. Vote ``yes'' on 
the McGovern amendment. Show some guts.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield as 
much time as he may consume to the gentleman from California (Mr. 
Dreier), the distinguished chairman of the Committee on Rules.
  Mr. DREIER. Mr. Speaker, I rise in strong support of the previous 
question and the rule. Rule XX, clause 2(a) makes it very clear there 
is a minimum, a minimum, a minimum of 15 minutes to be allowed on each 
recorded vote or quorum call. There has been a long-standing tradition 
in this great deliberative body of people having the opportunity to 
change their minds.
  I am looking at my friend, the gentleman from Massachusetts (Mr. 
Frank). He and I came together here in 1980. I served for 14 years as a 
member of the minority, and I will say that that long-standing 
tradition of Members, at the invitation of the leadership, to change 
their mind is something that has existed on both sides of the aisle for 
decades and decades and decades. That is why we have leaders.

                              {time}  1100

  That is why we have leaders, to provide that kind of very strong 
leadership to do just that.
  Now, we know that there has been complete compliance with the rules, 
and we are here, we are here at this moment, Mr. Speaker, to pass a 
rule for a very important bipartisan piece of legislation. It is a 
bipartisan bill that has been in the works for a decade and a half, and 
I want to congratulate my colleague, the gentleman from California (Mr. 
Calvert), who has been so diligent, diligent over the period of time we 
have been addressing this issue to bring about a final resolution which 
we are going to address today in a bipartisan way.
  So with that sense of bipartisanship, I would like to close by 
congratulating our baseball team for the great victory they achieved.
  Ms. WOOLSEY. Mr. Speaker, I believe in the freedom to read, and 
Americans' right to read and purchase books without fear of Government 
monitoring. This freedom has been wiped out, it has been erased, it has 
been undone by the passage of the PATRIOT Act. Congress must repeal 
this unconstitutional provision. By yesterday's tampering with the 
important vote to give back freedoms, the majority leadership's abuse 
of power stepped in and forced their members to change their votes . . 
. to deny the majority vote the right to prevail.
  The PATRIOT Act forces library users to self-censor their reading 
choices out of fear. Mr. Speaker, censorship is not what America is 
about. The existing law would make one believe that by reading a book, 
the 9/11 terrorists came into existence. The existing law would lead 
one to believe that books are the enemy. Let us not forget the book 
burnings in Germany. Books are only the enemy if we do not want our 
population to be educated.
  The majority leadership has spoken. They have prevented a true bi-
partisan decision to protect America's right to democracy.
  The material previously referred to by Mr. McGovern is as follows:

            Amendment to H. Res. 711 Offered by Mr. McGovern

       At the end of the resolution add the following:
       Sec. 2. During consideration of H.R. 2828, a record vote by 
     electronic device shall not be held open for the sole purpose 
     of reversing the outcome of a vote.

  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
my time, and I move the previous question on the resolution.
  The SPEAKER pro tempore (Mr. LaTourette). The question is on ordering 
the previous question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. McGOVERN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for electronic voting, if 
ordered, on the question of agreeing to the resolution.
  The vote was taken by electronic device, and there were--ayes 216, 
noes 180, not voting 38, as follows:

                             [Roll No. 350]

                               AYES--216

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Cox
     Crane
     Crenshaw
     Cubin
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Nunes
     Nussle
     Oberstar
     Osborne
     Ose
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--180

     Abercrombie
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (OK)
     Case
     Chandler
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Grijalva
     Gutierrez
     Harman
     Herseth
     Hill
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)

[[Page H5414]]


     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Weiner
     Woolsey
     Wu
     Wynn

                             NOT VOTING--38

     Ackerman
     Bell
     Bishop (NY)
     Blumenauer
     Brown, Corrine
     Cardoza
     Carson (IN)
     Clay
     Collins
     Culberson
     Deal (GA)
     Delahunt
     Fattah
     Fossella
     Gephardt
     Gerlach
     Green (TX)
     Hastings (FL)
     Hinchey
     Isakson
     John
     Jones (OH)
     LaHood
     Lee
     Lipinski
     Majette
     Meeks (NY)
     Norwood
     Paul
     Pitts
     Platts
     Quinn
     Reyes
     Sweeney
     Tanner
     Tauzin
     Waxman
     Wexler


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. LaTourette) (during the vote). Members 
are advised that 2 minutes remain in this vote.

                              {time}  1121

  Mr. SHUSTER changed his vote from ``no'' to ``aye.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.

                          ____________________