[Congressional Record Volume 150, Number 95 (Monday, July 12, 2004)]
[House]
[Pages H5497-H5501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PERSONAL EXPLANATION

  Mr. BASS. Mr. Chairman, owing to weather-caused flight delays, I was 
regrettably absent on Monday, July 12, 2004, and consequently missed 
recorded votes numbered 359 and 360. Had I been present, I would have 
voted ``no'' and ``aye'' respectively on these votes.
  The CHAIRMAN. There being no further amendments, under the rule, the 
Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Shimkus) having assumed the chair, Mr. Linder, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 4755) 
making appropriations for the Legislative Branch for the fiscal year 
ending September 30, 2005, and for other purposes, pursuant to House 
Resolution 707, he reported the bill back to the House.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.

[[Page H5498]]

               Motion to Recommit Offered By Mr. Sherman

  Mr. SHERMAN. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. SHERMAN. I am, Mr. Speaker, in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Sherman moves to recommit the bill, H.R. 4755, to the 
     Committee on Appropriations with instructions to report the 
     bill promptly with an amendment prohibiting the use of funds 
     for postage expenses of any single committee in an aggregate 
     amount exceeding $25,000.

  The SPEAKER pro tempore. The gentleman from California is recognized 
for 5 minutes in support of his motion.
  Mr. SHERMAN. Mr. Speaker, under this motion, the bill would be 
amended so that we would have a $25,000 limit on the amount that any 
single committee would spend on postage during fiscal 2005.
  Before I discuss why such a limit is necessary, I will enter two 
letters into the Record.

                                     National Taxpayers Union,

                                                    July 12, 2004.
     Hon. Brad Sherman,
     House of Representatives,
     Washington, DC.
       Dear Congressman Sherman: On behalf of the 350,000-member 
     National Taxpayers Union (NTU), I am responding to your 
     request for NTU's views on a proposal to limit each 
     Committee's expenditure on postage to the sum of no more than 
     $25,000 per year.
       Even as overall postage and printing expenditures have 
     declined from the $100 million-plus levels once seen in 
     Congresses 15 years ago, franking remains a source of fiscal 
     and political interest to NTU. The already-generous limits 
     governing the use of postage by House Members' personal 
     offices were lifted in 1999, while new computer technologies 
     have allowed lawmakers to maximize the impact of their 
     mailings in ways that were not feasible as recently as ten 
     years ago. Today, it is still possible for an incumbent House 
     Member to spend as much on franking in a year as a challenger 
     spends on his or her entire campaign. Rules regarding the 
     content and proximity of mailings to elections only modestly 
     offset this tremendous political advantage.
       During our 15-year campaign on behalf of franking reform, 
     NTU has focused on Member offices because they are the 
     primary source of unsolicited mass mailings and associated 
     expenditures. We were thus surprised to learn of a single 
     Committee's FY 2005 postage request for $250,000 in the 
     Legislative Branch Appropriations Bill.
       NTU is greatly concerned over the prospect of any Committee 
     in Congress receiving postage funding in these amounts, as it 
     would mark a significant expansion of the franking privilege 
     that had traditionally been utilized in large part by Member 
     offices. Such concern is irrespective of the immediate policy 
     issue at hand or the parties involved. If the House sets a 
     budget precedent now, taxpayers will very shortly face the 
     unwelcome prospect of tens of millions in addition franking 
     expenditures in future Congresses. Equally important, 
     Americans would be forced to contend with a new set of issues 
     affecting the balance of the political process.
       Years of efforts from groups like NTU and reformers within 
     Congress have yielded an improved, yet imperfect, franking 
     disclosure process. Despite instances of poor recordkeeping, 
     inadequate disclosure, and overly-permissive rules, today 
     constituents at least have limited access to basic franking 
     information--giving them a chance to hold House Members 
     politically accountable for the unsolicited mass mailings 
     they send into their districts at taxpayer expense. Allowing 
     such a practice at the Committee level, where ties between 
     Members and constituents are less direct, would undermine 
     even this limited progress.
       It is especially galling that Congress would even consider 
     an additional taxpayer-financed expansion of the franking 
     privilege under the current fiscal and political 
     circumstances. Amidst FY 2005 budget deficit estimates 
     approaching $400 billion, and a campaign finance law that 
     further hamstrings political challengers, allowing such a 
     huge postage funding request for any Committee will further 
     reinforce Congress's reputation as an institution incapable 
     of self-restraint.
       Given the historic patterns of Committee expenditures, a 
     $25,000 annual limit on postage for each Committee is more 
     than adequate for any legitimate communication needs. 
     Seemingly minor budget requests such as the one before 
     Congress now can have major consequences for taxpayers in the 
     not-too-distant future. For this reason alone, the House of 
     Representatives can and should restrict Committee postage 
     expenditures--and a $25,000 annual limit is a reasonable 
     first step.
       Please feel free to contact me should you have any 
     additional questions regarding our position.
           Sincerely,
                                                        Pete Sepp,
     Vice President for Communications.
                                  ____

                                                       Council for


                            Citizens Against Government Waste,

                                                    July 12, 2004.
     Representative Brad Sherman,
     House of Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Representative Sherman: The more than one million 
     members and supporters of the Council for Citizens Against 
     Government Waste would like to express their appreciation for 
     your cost-saving effort to limit each Committee to spending 
     $25,000 a year on postage.
           Sincerely,
                                                    Thomas Schatz,
                                                        President.

  I will quote them in part. The first is from the National Taxpayers 
Union, and it states in part, ``The House of Representatives can and 
should restrict committee postage expenditures, and a $25,000 limit is 
a reasonable first step.''
  The second states, on behalf of the 1 million members of Citizens 
Against Government Waste, that they would like to express their 
appreciation to me for my cost-saving efforts to limit each committee 
to spending $25,000 and no more per year on postage.
  This is the first time that any of my legislative proposals have been 
endorsed by both the National Taxpayers Union and Citizens Against 
Government Waste.
  Mr. Speaker, I hope that does not count against my time, but it is so 
nice to be applauded by my colleagues on that side of the aisle.
  Mr. Speaker, in the history of this House, as far as I can determine, 
no committee up until the 108th Congress ever found it necessary to 
even spend $10,000 on postage.
  In the 107th Congress, the committee that spent the most on postage 
spent an average of $7,000 a year during the 2 years of the 107th 
Congress.
  In the 108th Congress, a new philosophy was born. That philosophy 
caused one authorizing committee to seek $500,000 just for postage just 
for the 108th Congress. That was $250,000 a year. That request 
represented a 4,445 percent increase over what that committee had 
requested for the 107th Congress. The Committee on House Administration 
allowed that committee only $50,000 a year, only $100,000 for postage.

                              {time}  1930

  But we are not talking about prior fiscal years. If we do not change 
this bill, committees will be asking for half a million dollars a year 
again, and in a few years it will be commonplace for individual 
committee Chairs to have half a million, a million, several million 
dollars of postage. And an equal amount for printing in political slush 
fund that they can use to mail into Members' districts, hit pieces or 
praise pieces. It is just around the corner. And we will hear from the 
gentleman or gentlewoman who rises against this motion that maybe it is 
a good thing and maybe this House should determine that it is a good 
thing that each committee Chair controls millions of dollars and sends 
out mail, perhaps justified by field hearing programs, without a field 
hearing, but either way with attacks or praise for individual Members 
mailing into their districts.
  Now, this one committee on just one day in December spent $49,587 on 
postage and another $40,732 printing up the material that was to be 
mailed.
  Now, when I say this bill is about the future and people on this side 
of the aisle need to hear this, this motion affects the 2005 fiscal 
year. It restricts Chairs; and when I talk about 2005, I mean 
Democratic Chairs, or perhaps Republican. Either way it is important 
that the Chairs of either party not be tempted to spend hundreds of 
thousands of dollars punishing or rewarding individual members of their 
committee. This is especially important because the House rules are not 
clear, and it is possible that you can send out committee mailings 
right until election day.
  Now, how is this different than Member mailings? Mr. Speaker, when a 
Member mails to his or her own district, the recipients of that mail 
can punish the Member if they think that sending that mail is a waste 
of government resources. When a Chair mails into some district that is 
not his or her own, there are not ways to hold that Chair accountable.
  This is the one chance we have in this House to vote to draw the 
line. We can think of some perfect world where

[[Page H5499]]

we have an authorizing bill where we can vote. We will not have this 
chance. Do not fool yourselves. You can open Pandora's box by defeating 
this. You can open Pandora's box to a day when committee Chairs have 
hundreds and thousands and millions of dollars to spend on postage 
attacking individual Members, or you can vote for this motion and draw 
the line now.
  The SPEAKER pro tempore (Mr. Shimkus). Does the gentleman from 
Georgia (Mr. Kingston) oppose the motion?
  Mr. KINGSTON. Yes, I do.
  The SPEAKER pro tempore. The gentleman from Georgia (Mr. Kingston) is 
recognized for 5 minutes in opposition to the motion.
  Mr. KINGSTON. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman 
from California (Mr. Pombo).
  Mr. POMBO. Mr. Speaker, I could take the entire 2\1/2\ minutes 
allotted to me to try to correct all of the facts that the gentleman 
from California (Mr. Sherman) just put out over the last week or so 
here. Unfortunately, 2\1/2\ minutes is not enough time to do that, so I 
would like to get to the substance of what his amendment is trying to 
do.
  Earlier in the debate, the gentleman from California (Mr. Sherman) 
said that this was a new day in politics for committees to begin to 
frank. And committees have franked before, but I hope it is a new day. 
I hope it is a new era that we are entering into because when I took 
over as chairman of the Committee on Resources, one of the things that 
I did commit to was getting Members of Congress outside the Beltway, 
out across the country to listen to people that are affected by the 
laws that we pass in this House.
  As a result of that, we have held 41 field hearings on the Committee 
on Resources. And members of my committee, Democrats and Republicans 
alike, have gone all over this country from Maryland to California, 
from Florida to Washington to listen to the people that were impacted 
by the issues that are under our committee. And, yes, we have franked.
  We have gone into areas and said we are holding the field hearing in 
this region and we have told people that we are coming and we are going 
to be there. Now, the gentleman from California (Mr. Sherman) said 
earlier in the debate that if it was an interesting enough hearing that 
the press should be able to cover that and we should not have to frank. 
And I found that quite interesting coming from him, seeing that last 
year he sent out 12 notices telling people he was having town hall 
meetings in his district. So if they were interesting enough, you would 
not have had to do that.
  Well, quite frankly, sometimes it is in the best interest of good 
government to tell people that you are having a field hearing and you 
are going out there.
  One of the things that the gentleman from California (Mr. Sherman) 
has intimated over and over and over in this debate over the last week 
was that this was partisan. We sent out pieces in the Democrat 
districts, in the Republican districts. Everything we sent out had all 
of the names of the members of the Committee on Resources on it. It was 
done in a bipartisan fashion.
  One of the things that we have tried to do on this committee is to 
work in a bipartisan fashion. And with the gentleman from West Virginia 
(Mr. Rahall) and myself, we have accomplished that over the last 2 
years. And to have you come in and try to do this, I think, is 
absolutely ridiculous. This is something we should be doing. Vote 
against the motion to recommit.
  Mr. KINGSTON. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman 
from Ohio (Mr. Ney).
  Mr. NEY. Mr. Speaker, let me make it clear, first of all, because we 
have heard the half a million dollar figure bandied about a couple 
times now. The gentleman from California (Mr. Pombo) never asked me for 
half a million dollars.
  Now, I can produce today about nine to 10 different sheets that we 
have had over the last 4 years in House administration of people asking 
for all types of money, minority and majority. So the half a million 
dollar figure is absolutely erroneous. And to actually stand here today 
and think that House Administration would be able to produce a half a 
million per committee in the future is also ridiculous. And I also 
think the gentleman does not want to start to talk about the history of 
spending in House Administration in this House, especially in the last 
9 years when we, in fact, have pared down hundreds and hundreds of 
staff and cut one-third of the size of this House, in fact.
  So I do not think you want to get into today the spending history. 
But let me make it clear. The gentleman from California (Mr. Pombo) 
followed the rules to the T. This was bipartisan. This was mailed out 
for Democrats. This was mailed out for Republicans.
  Another statement today that is incorrect, I am sure the gentleman 
did it in error, is about the fact of limits, Members in this House are 
unlimited in how much they would spend. Your 70-some mailers in the 
last 2 years, you are unlimited, and that is your choice; and I do not 
today disparage you for mailing those. That is a Member's choice.
  As far as the committee affects the entire United States, they have 
every right, every right to communicate in today's society. These were 
bipartisan. This was bipartisanly approved by House Administration. The 
gentleman from California (Mr. Pombo) followed this to the T. But I can 
assure you, House Administration has been responsible with the last 
ranking member to the current ranking member, and I am sure it is going 
to be responsible in the future. There is absolutely no way there is 
going to be millions of dollars of accounts. That is a type of fear 
spreading that simply will not occur. But I will close.
  I respect the gentleman's tenacity. And also, it was a pleasure to be 
here in the pinnacle of your year when you got the National Taxpayers 
Union because I am sure it is the last time I will see it.
  Mr. KINGSTON. Mr. Speaker, I urge a ``no'' vote on this, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. SHERMAN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clauses 8 and 9 of rule XX, this 
15-minute vote on the motion to recommit will be followed by 5-minute 
votes as ordered on the question of passage and the Speaker's approval 
of the Journal.
  The vote was taken by electronic device, and there were--ayes 163, 
noes 205, not voting 65, as follows:

                             [Roll No. 361]

                               AYES--163

     Ackerman
     Alexander
     Allen
     Baird
     Baldwin
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Capps
     Cardin
     Chandler
     Clay
     Clyburn
     Coble
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Doggett
     Doyle
     Edwards
     Emanuel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Ford
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Hastings (FL)
     Hefley
     Herseth
     Hill
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Pallone
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Towns

[[Page H5500]]


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

                               NOES--205

     Abercrombie
     Aderholt
     Akin
     Baca
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Case
     Castle
     Chabot
     Chocola
     Cole
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Greenwood
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Hyde
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     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
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Pastor
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiberi
     Turner (OH)
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Wicker
     Wilson (NM)
     Wolf
     Young (AK)

                             NOT VOTING--65

     Andrews
     Bachus
     Baker
     Bell
     Bishop (UT)
     Brown, Corrine
     Burr
     Burton (IN)
     Capuano
     Carson (IN)
     Carson (OK)
     Collins
     Conyers
     Davis, Tom
     Delahunt
     DeLauro
     DeMint
     Deutsch
     Dicks
     Dooley (CA)
     Engel
     Fattah
     Fossella
     Frank (MA)
     Garrett (NJ)
     Gephardt
     Goss
     Gutierrez
     Gutknecht
     Harman
     Hinchey
     Hinojosa
     Hoeffel
     Hostettler
     Houghton
     Isakson
     Johnson, E. B.
     King (NY)
     Lee
     Majette
     Maloney
     Markey
     Meehan
     Menendez
     Miller, George
     Owens
     Oxley
     Pascrell
     Peterson (PA)
     Quinn
     Sabo
     Sanders
     Scott (VA)
     Shays
     Shuster
     Stark
     Tiahrt
     Tierney
     Toomey
     Vitter
     Waxman
     Wexler
     Whitfield
     Wilson (SC)
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Shimkus) (during the vote). Members are 
advised there are 2 minutes remaining in this vote.

                              {time}  1959

  So the motion was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 327, 
nays 43, not voting 63, as follows:

                             [Roll No. 362]

                               YEAS--327

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Baca
     Baird
     Baldwin
     Ballenger
     Barrett (SC)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bereuter
     Berkley
     Berman
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Cardin
     Cardoza
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Clyburn
     Cole
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Feeney
     Ferguson
     Filner
     Foley
     Ford
     Frelinghuysen
     Frost
     Gallegly
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goodlatte
     Gordon
     Granger
     Greenwood
     Grijalva
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Herger
     Herseth
     Hill
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Hunter
     Hyde
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (RI)
     Kilpatrick
     King (IA)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Marshall
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mollohan
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Olver
     Ortiz
     Osborne
     Ose
     Pallone
     Pastor
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stenholm
     Strickland
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiberi
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wicker
     Wilson (NM)
     Wolf
     Woolsey
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--43

     Bartlett (MD)
     Berry
     Coble
     Costello
     Davis, Jo Ann
     Doggett
     Duncan
     Flake
     Forbes
     Franks (AZ)
     Goode
     Graves
     Green (TX)
     Green (WI)
     Hayworth
     Hefley
     Hensarling
     Hulshof
     Jones (NC)
     Kennedy (MN)
     Kildee
     Kind
     LoBiondo
     Lofgren
     Matheson
     McCollum
     Miller (FL)
     Moore
     Neugebauer
     Obey
     Otter
     Paul
     Petri
     Royce
     Sensenbrenner
     Sherman
     Slaughter
     Smith (MI)
     Souder
     Stearns
     Stupak
     Taylor (MS)
     Wu

                             NOT VOTING--63

     Andrews
     Bachus
     Baker
     Bell
     Bishop (UT)
     Brown, Corrine
     Burr
     Burton (IN)
     Capuano
     Carson (IN)
     Carson (OK)
     Collins
     Conyers
     Davis, Tom
     Delahunt
     DeLauro
     DeMint
     Deutsch
     Dicks
     Dooley (CA)
     Engel
     Fattah
     Fossella
     Frank (MA)
     Garrett (NJ)
     Gephardt
     Goss
     Gutierrez
     Gutknecht
     Hinchey
     Hinojosa
     Hoeffel
     Hostettler
     Houghton
     Isakson
     Johnson, E. B.
     King (NY)
     Lee
     Lewis (CA)
     Majette
     Maloney
     Markey
     Meehan
     Menendez
     Miller, George
     Owens
     Oxley
     Pascrell
     Peterson (PA)
     Quinn
     Sabo
     Sanders
     Shays
     Shuster
     Stark
     Tiahrt
     Tierney
     Toomey
     Vitter
     Waxman
     Wexler
     Whitfield
     Wilson (SC)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Shimkus) (during the vote). There are 2 
minutes remaining in this vote.

                              {time}  2005

  Mr. JONES of North Carolina changed his vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

[[Page H5501]]



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