[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[House]
[Pages 19172-19189]
[From the U.S. Government Publishing Office, www.gpo.gov]




DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2004

  The SPEAKER. Pursuant to House Resolution 326 and rule XVIII, the 
Chair declares the House in the Committee of the Whole House on the 
State of the Union for the further consideration of the bill, H.R. 
2799.

                              {time}  1422


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 2799) making appropriations for the Departments of 
Commerce, Justice, and State, the Judiciary, and related agencies for 
the fiscal year ending September 30, 2004, and for other purposes, with 
Mr. Hastings of Washington in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today, the 
amendment by the gentleman from Michigan (Mr. Levin) had been disposed 
of by a point of order.


          Sequential Votes Postponed In Committee Of The Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed in the following order: the amendment offered by the 
gentleman from California (Mr. Ose), the amendment offered by the 
gentleman from Indiana (Mr. Hostettler), amendment No. 1 offered by the 
gentleman from New York (Mr. Hinchey) and the amendment offered by the 
gentleman from Illinois (Mr. Rush).
  The first electronic vote will be conducted as a 15-minute vote. The 
remaining electronic votes will be conducted as 5-minute votes.


                      Amendment Offered by Mr. Ose

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from California (Mr. 
Ose) on which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Ose:
       At the end of the bill after the last section (preceding 
     the short title) insert the following new title:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. None of the funds made available in this Act may 
     be used in violation of section 212(a)(10)(C) of the 
     Immigration and Nationality Act.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 424, 
noes 0, not voting 10, as follows:

                             [Roll No. 418]

                               AYES--424

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berman
     Berry
     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, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)

[[Page 19173]]


     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Berkley
     Bishop (UT)
     Davis (TN)
     Ferguson
     Ford
     Gephardt
     McGovern
     Pearce
     Smith (NJ)
     Sullivan


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 2 minutes remain 
in this vote.

                              {time}  1441

  Mr. FILNER changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. DAVIS of Tennessee. Mr. Chairman, on rollcall No. 418, I was 
unavoidably detained. Had I been present, I would have voted ``aye.''


                      Announcement by the Chairman

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, the remainder of 
this series will be conducted as 5-minute votes.


                  Amendment Offered by Mr. Hostettler

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Indiana (Mr. 
Hostettler) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Hostettler:
       Insert in an appropriate place the following:
       Sec. __. None of the funds appropriated in this Act may be 
     used to enforce the judgment of the United States Court of 
     Appeals for the Eleventh Circuit in Glassroth v. Moore, 
     decided July 1, 2003 or Glassroth v. Moore, 229 F. Supp. 2d 
     1067 (M. D. Ala. 2002).


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 260, 
noes 161, not voting 13, as follows:

                             [Roll No. 419]

                               AYES--260

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Doyle
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Etheridge
     Everett
     Feeney
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hobson
     Hoekstra
     Holden
     Hooley (OR)
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Janklow
     Jenkins
     John
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Langevin
     Latham
     LaTourette
     Leach
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Marshall
     Matheson
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Owens
     Paul
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Putnam
     Quinn
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Saxton
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Upton
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wynn
     Young (AK)
     Young (FL)

                               NOES--161

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berman
     Bishop (NY)
     Blumenauer
     Boucher
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Case
     Castle
     Clay
     Conyers
     Cooper
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Dreier
     Edwards
     Emanuel
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Frank (MA)
     Frost
     Gerlach
     Gonzalez
     Greenwood
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lofgren
     Lowey
     Majette
     Maloney
     Markey
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Olver
     Otter
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Price (NC)
     Pryce (OH)
     Rangel
     Reyes
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simpson
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wolf
     Woolsey
     Wu

                             NOT VOTING--13

     Berkley
     Bishop (UT)
     Clyburn
     Ferguson
     Ford
     Gephardt
     Meek (FL)
     Obey
     Pearce
     Pelosi
     Radanovich
     Sullivan
     Tierney


                      Announcement by the Chairman

  The CHAIRMAN (during the vote.) Members are reminded there are 2 
minutes remaining in this vote.

                              {time}  1449

  Mr. OTTER and Mr. OXLEY changed their vote from ``aye'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 1 Offered by Mr. Hinchey

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from New York (Mr. 
Hinchey) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:


[[Page 19174]]

       Amendment No. 1 Offered by Mr. Hinchey:
       At the end of the bill (before the short title), insert the 
     following:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. None of the funds made available in this Act to 
     the Department of Justice may be used to prevent the States 
     of Alaska, Arizona, California, Colorado, Hawaii, Maine, 
     Maryland, Nevada, Oregon, or Washington from implementing 
     State laws authorizing the use of medical marijuana in those 
     States.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 152, 
noes 273, not voting 9, as follows:

                             [Roll No. 420]

                               AYES--152

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldwin
     Ballance
     Beauprez
     Becerra
     Bereuter
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bono
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Carson (IN)
     Case
     Clay
     Conyers
     Crowley
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Doggett
     Dooley (CA)
     Doyle
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Flake
     Frank (MA)
     Garrett (NJ)
     Gilchrest
     Gonzalez
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hinchey
     Holt
     Honda
     Hooley (OR)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Lewis (GA)
     Lofgren
     Lowey
     Majette
     Maloney
     Markey
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Otter
     Owens
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Porter
     Price (NC)
     Rahall
     Rangel
     Rodriguez
     Rohrabacher
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Simpson
     Slaughter
     Smith (WA)
     Solis
     Stark
     Strickland
     Stupak
     Tancredo
     Tauscher
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wynn

                               NOES--273

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Bell
     Berry
     Biggert
     Bilirakis
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Castle
     Chabot
     Chocola
     Clyburn
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     English
     Etheridge
     Evans
     Everett
     Feeney
     Fletcher
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Gerlach
     Gibbons
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Janklow
     Jenkins
     John
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Marshall
     Matheson
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Menendez
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Oxley
     Pallone
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Rothman
     Royce
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Sweeney
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Upton
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Berkley
     Bishop (UT)
     Ferguson
     Ford
     Gephardt
     Miller, George
     Neugebauer
     Pearce
     Sullivan


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are reminded there are 2 
minutes remaining in this vote.

                              {time}  1456

  Mr. THOMAS changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                     Amendment Offered by Mr. Rush

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Illinois (Mr. Rush) 
on which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Rush:
       At the end of the bill (before the short title), insert the 
     following:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. __. None of the funds made available in this Act may 
     be used for the sentencing phase of any Federal prosecution 
     in which the penalty of death is sought by the United States.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 85, 
noes 339, not voting 10, as follows:

                             [Roll No. 421]

                                AYES--85

     Abercrombie
     Allen
     Baldwin
     Bartlett (MD)
     Berman
     Brady (PA)
     Brown (OH)
     Capps
     Capuano
     Carson (IN)
     Clay
     Conyers
     Cummings
     Davis (IL)
     DeGette
     Delahunt
     Doyle
     Ehlers
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Frank (MA)
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Holt
     Jackson (IL)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kleczka
     Kucinich
     Langevin
     Lee
     Levin
     Lewis (GA)
     Lowey
     Majette
     Maloney
     Markey
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meeks (NY)
     Michaud
     Miller, George
     Mollohan
     Nadler
     Napolitano
     Oberstar
     Obey
     Olver
     Owens
     Payne
     Pelosi
     Rahall
     Rangel
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanders
     Schakowsky
     Scott (GA)
     Scott (VA)
     Serrano
     Smith (NJ)
     Solis
     Stark
     Tierney
     Towns
     Van Hollen
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Woolsey

                               NOES--339

     Ackerman
     Aderholt
     Akin
     Alexander
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Ballance
     Ballenger
     Barrett (SC)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown, Corrine

[[Page 19175]]


     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clyburn
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Dreier
     Duncan
     Dunn
     Edwards
     Emanuel
     Emerson
     English
     Etheridge
     Evans
     Everett
     Feeney
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kind
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Marshall
     Matheson
     Matsui
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Meehan
     Meek (FL)
     Menendez
     Mica
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Sanchez, Loretta
     Sandlin
     Saxton
     Schiff
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Berkley
     Bishop (UT)
     Calvert
     Ferguson
     Ford
     Gephardt
     Gingrey
     King (IA)
     Rogers (MI)
     Sullivan


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised that 2 minutes 
remain in this vote.

                              {time}  1504

  Mr. OBEY and Mr. ENGEL changed their votes from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. There being no further amendments, the Clerk will read 
the last lines of the bill.
  The Clerk read as follows:

       This Act may be cited as the ``Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2004''.

  Mr. REYES. Mr. Chairman, I rise in support of H.R. 2799, the bill 
providing appropriations for the Department of Commerce, Justice, State 
and the Judiciary.
  As you know, Mr. Chairman, I represent a district that lies along the 
U.S.-Mexico border. For many years, the region along the 2,000 mile 
stretch of our southern border was ignored. The bill before us today, 
will make tremendous strides to recognize the need for increased 
resources along the southwest border.
  This bill includes 168 additional positions for the United States 
Marshals Service for areas of high priority need and specifically 
recognizes that the southwest border is such an area.
  My district of El Paso lies within the Western District of Texas. 
This judicial district has been one of the greatest increases of 
criminal caseloads over the last decade. The majority of these cases 
are being heard in the El Paso Division of the Western District. The 
number of federal criminal cases filed in El Paso County has increased 
from 443 to 2,192 cases since 1994. Last year, the El Paso Division 
received its second federal judge. Pending Senate confirmation this 
year, the El Paso Division will have a total of four federal judges.
  Mr. Chairman, needless to say, our case backlog is being addressed 
and more of our cases will be heard. This increase of work for our 
judges, in turn, means more work for our Marshals Service. Currently, 
our Marshals are reporting inoperable work load levels in the southwest 
border districts. As you know, our Marshals are responsible for 
providing protection for the federal judiciary, transporting federal 
prisoners, protecting endangered federal witnesses and managing assets 
seized from criminal enterprises. This bill would provide much needed 
relief for our United States Marshals Service along the southwest 
border communities.
  This bill also provides an increase of appropriations for the State 
Criminal Alien Assistance Program (SCAAP) from $250 million to $400 
million. SCAAP is vital to communities all across the country. This 
program has been dodging the President's ax for the last couple of 
years. The President has proposed to eliminate this program in his last 
two budget proposals. Mr. Chairman there is at least one jurisdiction 
in every state and territory that receives SCAAP funding. Last year, 
SCAAP appropriations were cut by over 50 percent. Although not nearly 
enough to fully reimburse our states and localities, the increase for 
this program is a step in the right direction.
  El Paso County relies on SCAAP funds to assist in detaining federal 
criminals. Without these funds, El Paso County would be forced to tap 
into other over-stretched resources. These resources are generated by 
local revenues and are being used to provide for this otherwise federal 
responsibility. I support this provision in the bill before us, and I 
will continue to work with my colleagues to see that SCAAP is 
adequately funded in the future.
  I would like to thank my friends and colleagues, the Chairman, Mr. 
Wolf, and the Ranking Member, Mr. Serrano, for their work on this bill. 
I urge my colleagues to support the passage of this bill.
  Mr. BLUMENAUER. Mr. Chairman, while overall funding has increased 
from fiscal year 2003, I hope that we can address some key issues 
before this bill comes back from conference for approval. One program 
that was particularly hard hit this year is the Public 
Telecommunications Facilities Program (PTFP). The funding level this 
year is $32.5 million--less than half of last year's appropriation of 
$73.3 million. As the founding Chair of the Congressional Public 
Broadcasting Caucus, I have seen first hand how vital the PTFP program 
is to communities across the country. Every public television station 
in America has been issued a mandate to be on the air with a digital 
signal. The enormous costs of the conversion from analog transmission 
to digital transmission, estimated at $1.7 billion, are simply too much 
for the system to bear alone. If we are to ensure that our local 
communities continue to receive the rich educational, cultural and 
informational programs and services offered by local public television 
stations, we must provide them some financial assistance. Local 
stations are working with state and private funders, and a federal 
commitment of matching funds would greatly enhance their success. In 
fact, much of the state funding is contingent upon a federal match, and 
many state budget constraints limit public broadcasting funding to well 
below the need.
  The language in the bill regarding the Bureau of Alcohol, Tobacco, 
Firearms and Explosives (BATF) licensing of firearms dealers is clearly 
destructive. This bill specifies that BATF could request transaction 
records from gun retailers only if the request was part of a criminal 
investigation to determine the disposition of a firearm that is the 
subject of the investigation, or to identify an individual offender who 
is the subject or target of the investigation. The measure prohibits 
the use of funds in the bill to implement or promulgate any rule 
requiring a physical inventory of any firearms business licensed under 
federal law, or to deny licenses to dealers because of low sales 
volume. This language was added in subcommittee with the adoption of an 
amendment

[[Page 19176]]

backed by the National Rifle Association (NRA). The NRA has opposed any 
meaningful additions to gun safety legislation because they believe we 
aren't enforcing the laws that already exist. Now they are making it 
impossible to enforce these laws by cutting back on the scope of the 
funding, placing restrictions on what can be done, and taking the 
already weak and porous gun safety legislation and rendering it almost 
meaningless. Every individual has the right to freedom from the threat 
of gun violence. Yet, gun violence continues to be an epidemic of 
enormous proportions year after year. In 2000, there were 28,663 gun 
deaths in the United States, 10,801 of which were homicides. These 
numbers are drastically larger than those of any other developed 
nation. Clearly we are not doing enough to protect our citizens from 
gun violence.
  This bill seriously weakens the reporting and licensing laws for gun 
dealers. Under current law it is already too easy for a convicted felon 
to purchase a weapon with the aid of a companion. Registration and 
licensing requirements are strong tools to keep our cities safe. In 
Massachusetts, a state which requires both registration and licensing, 
69 percent of guns used to commit crimes were purchased out of state. 
In states which have neither licensing nor registration requirements, 
89 percent of guns used in crimes are purchased in-state. Gun 
registration and licensing is a patchwork, state by state system of 
gun-control which allows criminals access to legitimately purchased 
guns. This bill will weaken already insufficient gun safety laws, 
putting the citizens of our nation in harm's way.
  While I am concerned with the funding level of the PTFP and the 
language included regarding BATF licensing of firearms dealers, I vote 
in support of this bill to move the appropriations process forward. I 
call on the conference committee to work to address these shortfalls 
before reporting the bill back for final approval.
  Mr. DAVIS of Illinois. Mr. Chairman, I rise today in opposition to 
the violation imposed on women prisoners' right to reproductive choice. 
Abortion has been legal in this country for more than thirty years. Roe 
v. Wade did not lay out specifics that only white women or black women 
could get an abortion, that only the rich or the poor could have this 
health care service or that it is to be taken away if a woman is 
imprisoned.
  In 1993, Congress lifted the six year funding restriction that had 
prohibited the use of federal funds to provide abortion services to 
women in federal prison. After the restrictions were lifted, the Bureau 
of Prisons required medical, religious or social counseling sessions 
for women seeking these services. The Bureau even took the steps to 
respect others views by not requiring the participation of any staff 
personnel that personally did not agree with reproductive choice. Yet 
in 1995, the funding restriction was put back in place and once again, 
women prisoners were denied their reproductive choice.
  All the cards are stacked against women in prison. In the last 
decade, the number of women in federal prison has increased by 182 
percent, compared to 152 percent for men, making women 7.5 percent of 
the prison population. The rates of infection for HIV and AIDS in women 
exceed the rate of infection for men in prison with the number of 
infected women increasing by more than 88 percent since 1991. Amnesty 
International USA released a report in 1999 revealing that 
gynecological services, in general, for women in prisons were 
inadequate and of poor quality. Many women prisoners are victims of 
physical or sexual abuse and vulnerable to sexual abuse or misconduct 
by correctional officers.
  Now imagine a women in prison being in those conditions, with those 
circumstances being isolated from family and friends, not earning 
meaningful compensation from prison jobs, and being pregnant knowing 
she will receive poor prenatal care, the loss of custody upon the 
birth, and without the ability to make a decision on her reproductive 
rights. These women are completely dependent on the health care 
services provided by the Bureau of Prisons. This ban prevents them from 
seeking needed reproductive health care and prohibits them from having 
a reproductive choice.
  Mr. VAN HOLLEN. Mr. Chairman, it is with great reluctance that I 
oppose this bill. However, I cannot support a bill that makes such deep 
cuts in investments important to our nation.
  Mr. Chairman, among the many egregious cuts in this bill, this 
Commerce-Justice-State Appropriations bill for 2004 decreases funding 
for two critical agencies--the National Oceanic and Atmospheric 
Administration, NOAA, and the National Institute of Standards and 
Technology, NIST.
  The bill appropriates 6 percent less, or $181 million, than the 
current fiscal year for NOAA programs, and is even 8 percent less than 
the President's request for 2004.
  The bill also funds several distinct programs within NOAA, which will 
also suffer serious cuts. The National Weather Service, while receiving 
a small 3 percent increase over the current fiscal year, will actually 
receive $24 million below the President's request. The National Ocean 
Service will receive 16 percent less than the current fiscal year. The 
National Marine Fisheries Service will suffer a 19 percent cut. Funding 
for programs in Oceanic & Atmospheric Research will decrease by 18 
percent. Finally, funding for the National Environmental Satellite 
Service will decrease by $3 million.
  Mr. Chairman, these are programs that serve the public good in a 
variety of important ways. They help advance America's commerce, 
promote environmental protection, preserve our fisheries and other 
natural resources, and protect lives by monitoring the weather. We are 
doing a great disservice to the American people by slashing these 
programs.
  Cuts to the National Institute of Standards & Technology, NIST, are 
just as troubling. This appropriations bill provides a staggering 35 
percent less than the current fiscal year. This is a terrible blow to 
scientific research--the key to our future if we are to compete in the 
global marketplace.
  For example, this bill provides no funds for the Advanced Technology 
Program started by the Clinton administration to assist the development 
and utilization of new technologies by the private sector. This could 
result in a reduction-in-force of as many as 250 NIST personnel from a 
program that works well.
  In fact, the net impact of this bill could be a reduction-in-force of 
up to 300 people, roughly 10 percent of the NIST staff. Cost-of-living 
adjustments are not fully funded in this bill, forcing other programs 
within NIST to absorb $6.8 million in costs. This could well result in 
the loss of 50 NIST personnel through attrition or reductions-in-force.
  For my constituents, these are devastating cuts. But these cuts are 
just as significant to the American people outside my area because 
these cuts in scientific research will curtail NIST's ability to 
address America's national priorities.
  This bill does not fully fund the majority of NIST's proposed 
initiatives. In some cases, funding is completely wiped out. Delays or 
under-investment in measurement science now will have significant 
future impact--delaying the commercialization of emerging technologies. 
The House Committee's allowance for NIST's efforts related to 
development of the standards, technology, and practices needed for the 
cost-effective safety and security of buildings and technical support 
of fire fighting communities, including emergency response, is less 
than half of what is required. As a result, the standards and 
measurements support for upgrading the capabilities of the Nation's 
fire fighters and the emergency response communities will be 
significantly delayed. In addition, the shortfall in nanotechnology 
funding will delay NIST's critical contributions to the National 
Nanotechnology Initiative.
  This bill also does not provide the full funding requested to equip 
and maintain the new Advanced Measurement Laboratory (AML). Lack of 
funding for the proper maintenance and operation of the building and 
the equipment necessary to realize the capabilities of the AML will 
severely hamper NIST's ability to provide industry and science with the 
ever more accurate and demanding measurements and standards needed to 
support advances in nanotechnology, biotechnology, information 
technology, advanced materials, new manufacturing technology, and other 
key growth areas. To construct this world-class facility, and then to 
short-change its maintenance, operation, and equipment needs is 
inconsistent with the $235 million investment made in the construction 
of the AML.
  Mr. Chairman, some of these programs may seem mundane to many of us 
in this chamber. But these are crucial scientific programs that will 
have long-range benefits for all Americans.
  Mr. Chairman, we need to ask: Are we really helping the American 
people by slashing these programs? The answer, clearly, is no. These 
cuts are the price we must pay for an ill-conceived budget and tax 
policy.
  Mr. Chairman, I hope to be able to support this bill when it emerges 
from Conference. I am grateful to the Ranking Member of the 
Subcommittee, Mr. Serrano, for agreeing to work with me to address the 
concerns I have expressed.
  Mr. UDALL of Colorado. Mr. Chairman, the serious effects this bill 
will have on my district and on the nation are explained in news 
stories from several Colorado newspapers, which I am including for the 
interest of my colleagues.

[[Page 19177]]



             [From the Rocky Mountain News, July 23, 2003]

                   Colorado Science Jobs on the Line

                        (By M.E. Sprengelmeyer)

       Washington.--Congress is considering deep cuts in federal 
     research funds that would cause an estimated 190 Colorado 
     scientists to lose their jobs.
       About $14 million in cuts to the National Oceanic and 
     Atmospheric Administration projects in Colorado, and 
     additional cuts to the National Institute of Standards and 
     Technology, were contained in an appropriations bill being 
     considered by the House of Representatives late Tuesday.
       If approved, as expected, they still must be considered by 
     the U.S. Senate.
       ``Obviously, it has me gravely concerned,'' said Susan 
     Avery, director of the University of Colorado Cooperative 
     Institute for Research in the Environmental Sciences. ``These 
     are cuts that could be very detrimental to our research 
     programs.''
       The cuts are contained in a $38.6 billion appropriations 
     package for the Commerce, Justice and State departments and 
     the federal judiciary.
       The bill would cut $3 million from the Space Environment 
     Center in Boulder and $6.7 million from climate and global 
     change programs. Meanwhile, the bill would eliminate a $4.5 
     million line item meant to cover rent on NOAA facilities in 
     Boulder, meaning those expenses would have to come out of 
     other programs, such as research funds.
       NIST would lose about 300 jobs nationwide, including about 
     60 in Boulder, said Representative Mark Udall, a Boulder 
     Democrat, who tried unsuccessfully to reserve the cuts on the 
     House floor.
       ``It is one thing to make government leaner. It is another 
     thing to cut jobs year in and year out at facilities all over 
     the country,'' Udall said in a release.
       Avery said the cuts would affect research at both the 
     University of Colorado and Colorado State University, 
     including climate modeling programs and research into weather 
     phenomenon such as El Nino and La Nina.
       ``Unless the bill is greatly improved in a House-Senate 
     conference committee, it will continue a pattern of bleeding 
     these agencies dry,'' Udall said.
       If approved by the House, the bill would move to the 
     Senate, where state researchers hope the cuts will be 
     reversed by Sen. Ben Nighthorse Campbell, an Ignacio 
     Republican and a member of the Appropriations Committee.
       ``Senator Campbell has a lot in his hands right now because 
     he could do it,'' Avery said. ``He could make it happen. A 
     lot rides on him.''
       Camden Hubbard, a spokeswoman for Campbell, said his office 
     is researching the issue.
       ``He needs to look into it and see exactly what is being 
     cut and make a decision accordingly,'' Hubbard said. ``I have 
     to tell you, money is really tight this year . . . he will 
     see what he can do.''
                                  ____


             [From the Boulder Daily Camera, July 23, 2003]

                      Science Community Faces Cuts

                            (By Kate Larsen)

       The U.S. House of Representatives approved federal budget 
     cuts Tuesday that could cost Boulder's science community $14 
     million and nearly 200 jobs, U.S. Rep. Mark Udall's staff 
     said.
       The 2004 House Commerce, Justice and State spending bill 
     includes large cuts--for the second consecutive year--to 
     Boulder's National Oceanic and Atmospheric Administration and 
     many labs connected to it. The bill reflects a radical 
     difference in the suggested appropriation from President 
     Bush.
       If the Senate passes a similar bill, and the cuts clear a 
     joint conference committee and are approved by the president, 
     local research on climate, air quality and space 
     environmental hazards would be affected.
       ``It is one thing to make government leaner; it is another 
     thing to cut jobs year in and year out at facilities all over 
     the country,'' Udall, D-Colo., said in a statement.
       Camden Hubbard, spokeswoman U.S. Sen. Ben Nighthorse 
     Campbell, R-Colo., warned that is still early in the process. 
     The Senate has yet to take on this issue.
       ``Money is very tight and (Sen. Campbell's) going to be 
     looking into this situation to see if these cuts are a good 
     idea or a bad idea,'' Hubbard said.
       The proposed cuts would come on top of $7 million in cuts 
     NOAA and other labs endured this year.
       ``Very important weather and climate research would have to 
     be terminated,'' said Alexander MacDonald, director of NOAA's 
     forecast systems laboratory.
       NOAA's Space Environment Center is facing about $3 million 
     in cuts for 2004. The lab provides forecasts of solar storms 
     for NASA, commercial aviation, the military and power 
     companies.
       Severe weather forecasts, long-term and seasonal climate 
     changes also would suffer, MacDonald said. Similar to this 
     year's cuts, this round also withholds a $4.5 million 
     appropriation for rent at NOAA.
       The Cooperative Institute for Research in Environmental 
     Sciences--a partnership between the University of Colorado 
     and NOAA--and other labs affiliated with NOAA stand to lose 
     an estimated $6.7 million, said agency Interim Director Koni 
     Steffen.
       ``It's not something where you can just do less science--
     you have to lay off people,'' Steffen said. ``Our reputation 
     certainly is at stake here.''
                                  ____


                      Feds To Cut Research Dollars

                         (By Sarah-Jane Wilton)

       Officials at the University of Colorado Boulder campus 
     Tuesday called for action from the U.S. Senate to prevent 
     massive cuts in federal funding for research labs across the 
     state, many of which have strong ties with the university.
       The U.S. Congress was scheduled to vote on the Commerce, 
     Justice and State appropriations bill for the 2004 fiscal 
     year Tuesday evening, which could see $14 million cut from 
     the National Oceanic and Atmospheric Administration (NOAA) 
     labs and from the National Institutes of Standards and 
     Technology (NIST).
       NOAA provides $6.7 million in crucial funding for the 
     Colorado Cooperative Institute for Research in the 
     Environmental Sciences (CIRES), the University Corporation 
     for Atmospheric Research (UCAR), and the National Center for 
     Atmospheric Research (NCAR).
       CU could be one of 40 leading research universities with 
     research projects funded by NOAA facing cuts.
       According to Lawrence Pacheco, spokesman for Congressman 
     Mark Udall, explained that $4.5 million of NOAA's funding is 
     used covering the organization's rent.
       Pacheco said, ``130 people will lose their jobs . . . from 
     NOAA alone. Not only can they (cut the funding), they are 
     doing it.''
       Pacheco said that Udall has been working with the research 
     community to try to restore the funding.
       Associate Vice Chancellor for Research at the Boulder 
     campus, Carol Lynch, said that CU-Boulder would be impacted 
     more directly by the cuts to NOAA than those to NIST, both of 
     which have intimate relations with two of CU-Boulder 
     institutes, CIRES and JILA.
       ``If NOAA is cut, it would maybe not destroy CIRES, but 
     come close to it,'' said Lynch. ``We would really have to 
     restructure that institute into something significantly 
     smaller.''
       Both CIRES and JILA are cooperative entities within the 
     university, receiving block funding from NOAA as well as a 
     share of lab resources and personnel.
       ``The cuts that (Congress) are proposing are just 
     absolutely drastic,'' said Lynch.
       Among other projects, NOAA conducts research in climate 
     diagnostics that provide crucial understanding of global 
     warming, weather and climate patterns and the impact of 
     atmospheric conditions.
       ``This is not just fun and games sciences--this is really 
     important areas of research,'' said Lynch.
       Although Lynch was not sure of the exact amount of funding 
     CIRES received, she thought it was well over half the 
     institute's budget.
       ``If these cuts go through we will have a very different 
     institute with far less ability to manage the science that 
     they have been mandated to manage,'' said Lynch.
       Lynch has not seen a detailed analysis on where cuts would 
     come and which programs would be targeted. But she said much 
     of the staff support was funded by grant-support from NOAA.
       Cuts would also hinder the ability of CIRES to undertake 
     new initiatives, such as the recent study on ``Water in the 
     West.''
       Lynch said serious budget cuts could impact the 
     intellectual environment of the campus.
       ``I would worry about losing faculty,'' said Lynch. ``We 
     have some very high-quality faculty (working at CIRES).''
       Undergraduate, graduate and post-doctoral students have 
     always had great support in their research at CIRES, and this 
     would also be in jeopardy, she said.
       Chair of the Council of Boulder Laboratories Directors, 
     Randall Dole, who is also Director of the Climate Diagnostics 
     Center said that until the cuts were finalized it would be 
     hard to say exactly how much staff would be laid off.
       ``This is not just a NOAA problem--frankly this is a 
     Colorado problem,'' said Dole. ``Because it seats back in the 
     whole community, you could see the potential for manifold 
     effects which go beyond the loss of 50-100 jobs.''
       Dole said there was no question of the impact the cuts 
     would have on the volume and the rate of progress of research 
     being conducted by the various organizations, much of which 
     focuses greatly on the state's drought, ozone and climate 
     issues.
       Pacheco said he was certain Congress would approve the 
     bill, the U.S. could amend it.

  Mr. MATHESON. Mr. Chairman, over the last few months, I have met with 
local law enforcement in Utah and the message is loud and clear, COPS 
and Byrne grants are efficient and effective programs. As a result of 
these meetings, I fought hard to preserve some of the most basic and 
fundamental law enforcement funding mechanisms offered by the federal 
government.
  The number one program that Utah law enforcement officers bring to my 
attention is the

[[Page 19178]]

importance of the Byrne Grant program. This partnership among federal, 
state, and local governments creates safer communities by providing 
funds for personnel, equipment, training, technical assistance, and 
information systems for more widespread apprehension, prosecution, 
adjudication, detention, and rehabilitation of offenders who violate 
such state and local laws.
  Another successful program is Community Oriented Policing Services, 
COPS. Since its inception in 1994, the COPS program has been one of the 
most successful law enforcement grant programs in American history. A 
central goal of the COPS Office is to help law enforcement agencies 
implement and enhance community-based policing, and this program in 
particular has been successful in Utah.
  While I am pleased to see that the House Appropriations Committee 
provided $683 million for the Community Oriented Policing Services, 
COPS program, it deserves more funding. I am happy that the House 
Appropriations Committee funded the Byrne Formula Grants at $500 
million. This grant program is vital to local law enforcement in Utah. 
It is my hope that Congress and the Administration can recognize the 
value of these programs and that in the future we can work toward full 
funding.
  Mr. WOLF. Mr. Chairman, the following table details budget authority 
of the Commerce, Justice, State, the Judiciary, and Related Agencies:

[[Page 19179]]





[[Page 19180]]



[[Page 19181]]



[[Page 19182]]



[[Page 19183]]



[[Page 19184]]



[[Page 19185]]



[[Page 19186]]



[[Page 19187]]



[[Page 19188]]



[[Page 19189]]

  Mr. MATHESON. Mr. Chairman, our nation is facing a protracted 
economic downturn, and manufacturers have been particularly hard hit. 
It is crucial that the federal government assists the smaller 
manufacturing businesses, which contribute significantly to the 
economy. This is why I support the Manufacturing Extension Partnership, 
MEP, program.
  Many small businesses in my home state of Utah have benefited 
substantially from the MEP. I believe that if the federal government is 
content to merely study the problems of manufacturers, without 
providing a plan of action or tangible assistance, then our efforts to 
improve local economies will necessarily fall short.
  While I am pleased to see that the House Appropriations Committee 
provided $39.6 million for MEP, I hope that this worthy program will 
receive full funding during Senate consideration. Our government has 
devised and implemented an excellent resource for manufacturers and I 
believe that it deserves the continued support of Congress and the 
administration. Thank you for your consideration.
  The CHAIRMAN. Pursuant to the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
LaTourette) having assumed the chair, Mr. Hastings of Washington, 
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. 2799) making appropriations for the Departments of Commerce, 
Justice, and State, the Judiciary, and related agencies for the fiscal 
year ending September 30, 2004, and for other purposes, pursuant to 
House Resolution 326, he reported the bill back to the House with 
sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. 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.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Under clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 400, 
nays 21, not voting 13, as follows:

                             [Roll No. 422]

                               YEAS--400

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berman
     Berry
     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, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Filner
     Fletcher
     Foley
     Forbes
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Putnam
     Quinn
     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)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--21

     Akin
     Costello
     Duncan
     Flake
     Franks (AZ)
     Green (WI)
     Hefley
     Hensarling
     Jones (NC)
     McCarthy (NY)
     McInnis
     Musgrave
     Oxley
     Paul
     Pence
     Royce
     Tancredo
     Tauzin
     Taylor (MS)
     Udall (CO)
     Van Hollen

                             NOT VOTING--13

     Berkley
     Bishop (UT)
     Emerson
     Ferguson
     Ford
     Gephardt
     Gutknecht
     Kennedy (RI)
     Lewis (GA)
     Norwood
     Pryce (OH)
     Sullivan
     Walsh


                Announcement by the Speaker Pro Tempore

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

                              {time}  1523

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________