[Congressional Record (Bound Edition), Volume 149 (2003), Part 15]
[House]
[Pages 21147-21153]
[From the U.S. Government Publishing Office, www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 2989, TRANSPORTATION, TREASURY, AND 
             INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

  Mr. REYNOLDS. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 351 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 351

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2989) making appropriations for the 
     Departments of Transportation and Treasury, and independent 
     agencies for the fiscal year ending September 30, 2004, and 
     for other purposes. The first reading of the bill shall be 
     dispensed with. All points of order against consideration of 
     the bill are waived. General debate shall be confined to the 
     bill and shall not exceed one hour equally divided and 
     controlled by the chairman and ranking minority member of the 
     Committee on Appropriations. After general debate the bill 
     shall be considered for amendment under the five-minute rule. 
     All points of order against provisions in the bill are waived 
     except as follows: page 9, line 10, through line 15; page 12, 
     line 1, through page 13, line 2; page 14, line 16, through 
     page 15, line 2; page 17, line 6, through line 11; page 18, 
     line 3, through page 24, line 12; ``limited or'' on page 26, 
     line 9; page 27, line 14, through page 28, line 7; beginning 
     with ``Provided'' on page 28, line 19, through page 29, line 
     3; ``Notwithstanding any other provision of law'' on page 31, 
     line 5; page 31, line 14, through line 21; page 31, line 24, 
     through page 32, line 17; ``Notwithstanding any other 
     provision of law'' on page 34, line 24; beginning with 
     ``provided further'' on page 36, line 17, through page 37, 
     line 5; beginning with ``provided further'' on page 45, line 
     16, through line 23; ``Notwithstanding any other provision of 
     law'' on page 46, line 25; page 50, line 19, through 
     ``project'' on page 51, line 4; beginning with 
     ``Notwithstanding'' on page 51, line 12, through ``amended'' 
     on line 13; page 53, line 3, through page 54, line 12; 
     ``Notwithstanding any other provision of law'' on page 54, 
     lines 13 and 14; page 72, line 22, through page 76; page 122, 
     line 4, through line 9; ``Notwithstanding any other provision 
     of law'' on page 126, lines 15 and 16; beginning with ``and 
     the prohibition'' on page 126, line 20, through 
     ``2512(a)(1))'' on line 23. Where points of order are waived 
     against part of a paragraph or section, points of order 
     against a provision in another part of such paragraph or 
     section may be made only against such provision and not 
     against the entire paragraph or section. During consideration 
     of the bill for amendment, the Chairman of the Committee of 
     the Whole may accord priority in recognition on the basis of 
     whether the Member offering an amendment has caused it to be 
     printed in the portion of the Congressional Record designated 
     for that purpose in clause 8 of rule XVIII. Amendments so 
     printed shall be considered as read. At the conclusion of 
     consideration of the bill for amendment the Committee shall 
     rise and report the bill to the House with such amendments as 
     may have been adopted. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.

  The SPEAKER pro tempore (Mr. Simpson). The gentleman from New York 
(Mr. Reynolds) is recognized for 1 hour.
  Mr. REYNOLDS. Mr. Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to my friend, the gentleman from Massachusetts 
(Mr. McGovern), pending which I yield myself such time as I may 
consume. During consideration of this resolution, all time yielded is 
for the purpose of debate only.
  Mr. Speaker, House Resolution 351 is an open rule that provides for 
consideration of H.R. 2989, the Department of Transportation, Treasury, 
and related agencies appropriations for fiscal year ending September 
30, 2004. The rule waives all points of order against consideration of 
the bill.
  The rule also provides for one hour of general debate, to be equally 
divided between the chairman and ranking minority member of the 
Committee on Appropriations. The rule provides that bill shall be 
considered for amendment by paragraph. In addition, the rule waives 
clause 2 of rule XXI prohibiting unauthorized or legislative provisions 
in an appropriations bill against provisions in the bill, except as 
otherwise specified in the rule. Further, the rule authorizes the Chair 
to accord priority in recognition to Members who have pre-printed their 
amendments in the Congressional Record. Finally, the rule provides one 
motion to recommit, with or without instructions.
  Mr. Speaker, this is the first year that the Congress is considering 
appropriations for the Department of Transportation and the Department 
of Treasury along with Postal Service, the Executive Office of the 
President and general government provisions in a single appropriations 
bill. This change was necessary to make room for creation of a 
subcommittee for the new Department of Homeland Security. The Committee 
on Appropriations has worked diligently to combine these agencies and 
produce legislation that meets the Nation's priorities in a multitude 
of areas.
  The bill provides $89.3 billion in total budgetary resources, which 
is an increase of $2.7 billion above the current level. This funding 
represents the firm commitment of this Congress to fund necessary 
programs and projects across the Nation.
  Total transportation funding in this bill is over $58 billion. This 
funding, which is so important in my district and others throughout the 
entire country, is significantly increased over current year spending. 
From highways and transit programs to airports and Federal Aviation 
Administration, the underlying legislation meets the needs of our 
communities in previous years.
  Some transportation programs have had guaranteed funding in 
authorization acts. Even though such guarantees no longer apply to this 
bill, the committee has provided at least a level of funding which was 
guaranteed last year; in the case of highways and airports, even more. 
The absence of these guarantees means new choices in the allocation of 
funds by providing the flexibility of fund programs that were not 
protected under the previous guarantees but were equally important.
  The underlying legislation also gives significant increases to the 
Treasury Department, bringing their appropriation to over $11 billion. 
Of those funds, $2.7 million is available for stronger agency 
involvement in international affairs, including technical advisers for 
rebuilding the currency, banking and financial systems in Iraq; $29.3 
million is allocated for the new Office of Terrorist Financing and 
Financial Crimes, and $5.3 million for IRS counterterrorism activities. 
Additionally, funds are provided for the Office of Foreign Assets 
Control and Financial Crimes Enforcement Network to help fight money 
laundering and track down terrorist financing.
  All of these are important elements of the war on terrorism, and they 
are

[[Page 21148]]

funded at or above the administration's request, demonstrating our 
pledge to keep America safe from terrorists and showing that national 
security remains a top priority.
  Many other agencies and programs that I have not outlined today are 
also funded under this bill.
  Mr. Speaker, I would like to commend the chairman and ranking member 
of both the appropriations full committee and subcommittee for their 
hard work on this difficult measure.
  Mr. Speaker, I urge my colleagues to support this rule and the 
underlying legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank my good friend, the gentleman from New York, for 
yielding me the customary 30 minutes.
  Mr. Speaker, let me begin by commending the members of the 
Subcommittee on Transportation, Treasury and Independent Agencies for 
their hard work on this difficult bill. This subcommittee faced many 
challenges, and with the help of the gentleman from Florida (Chairman 
Young) and the ranking member, the gentleman from Wisconsin (Mr. Obey), 
they produced a bill for this House to consider today.
  I especially want to thank and recognize my friend and colleague, the 
gentleman from Massachusetts (Mr. Olver), the ranking member of the 
subcommittee, for his leadership and his guidance in crafting this 
bill.

                              {time}  1030

  While our colleagues deserve praise for their work to improve this 
bill, it still has serious problems. I am concerned about the removal 
of the mandatory setaside for transportation enhancements. Funding for 
Amtrak is half of what is needed to properly maintain and run this 
system. This bill will make it harder, not easier, for low-income 
families to receive the earned income tax credit. And despite pledges 
made to protect the corporate expatriate language adopted by the full 
committee, this rule allows this important provision to be removed from 
the bill without a vote by the House.
  Beginning with ISTEA in 1991 and continuing with TEA-21 in 1998, we 
required that the communities receive the maximum benefit from 
transportation investments. It is precisely because of mandated 10 
percent setaside of surface transportation program funds that the 
enhancement program has successfully leveraged State matching 
contributions totalling almost $8.4 billion for 15,000 projects 
spanning every part of this country. These funds have been used for 
such worthwhile activities as the development of scenic bikeway and 
pedestrian facilities, the preservation of abandoned railway corridors, 
and the protection of historically significant transportation assets.
  Mr. Speaker, in my home State of Massachusetts, more than $75 million 
has been invested in a total of 228 community projects since 1992. 
Sixty percent of that funding has been invested in devising a network 
of bikeway and pedestrian trails which is rapidly becoming an important 
part of our infrastructure. But section 114 of this bill would 
eliminate the mandatory 10 percent setaside for transportation 
enhancements that has made the program so widely popular and 
tremendously successful. Furthermore, it undermines the national 
transportation policy we reaffirmed in TEA-21 in order to allow States 
to divert funding from small scale, locally selected projects to 
massive transportation initiatives that do not have the same broad 
community support.
  Mr. Speaker, the gentleman from Wisconsin (Mr. Petri) and the 
gentleman from Massachusetts (Mr. Olver) will offer an amendment to 
strike this section from the bill, preserving the good policy set by 
ISTEA and TEA-21. I strongly urge my colleagues to join me in 
supporting this important amendment.
  This bill, Mr. Speaker, also badly underfunds our national passenger 
rail system. Amtrak's management has recently begun to stabilize its 
finances, improve service, and increase ridership. Their reward for 
that progress in this bill is to be given one-half, or $900 million, of 
the $1.8 billion Amtrak needs to simply maintain existing operations. 
One-half.
  Although I am pleased that more than 40 percent of the $900 million 
provided to Amtrak under this bill is designated by capital expenses 
along the Northeast Corridor, we all need to take a more national 
approach to Amtrak's funding. The money provided for Amtrak in this 
bill is not only grossly insufficient; it is intended to bring Amtrak 
to the brink of failure. That is wrong.
  Once again, the subcommittee has included a provision that gives the 
Secretary of Transportation the authority to arrange for an alternate 
service provider for commuter rail service should Amtrak cease 
operations. Mr. Speaker, that is not foresight. It is foreshadowing of 
a disastrous transportation crisis for this country. By providing 
Amtrak half of the funding it needs, this appropriations bill makes 
such an event a self-fulfilling prophesy. Amtrak's management deserves 
the opportunity to continue the progress it has made, and it deserves 
the confidence and support of this institution.
  More importantly, the American public deserves a first-rate national 
intercity rail system to complement our aviation and highway systems. I 
cannot believe we would walk away from the success of the 
transportation enhancement program or retreat from the recent progress 
we have made in setting Amtrak on the right course. This appropriations 
bill, unfortunately, takes us backwards instead of forwards.
  Mr. Speaker, I cannot stress strongly enough that although this is 
technically an open rule, the opportunity to amend this bill is very 
limited. The most substantive amendments brought before the Committee 
on Rules last night required waivers, and as usual the Committee on 
Rules did not grant any of those waivers.
  House rules severely restrict the amendment process on all 
appropriations bills. Therefore, even though the Committee on Rules 
granted an open rule, one that technically does not restrict the 
amendment process, by its nature the amendment process for 
appropriations bills is still limited. For example, this rule does not 
make in order a number of important amendments including one offered by 
the ranking member, the gentleman from Massachusetts (Mr. Olver). That 
amendment would have provided an additional $500 million above the $900 
million currently in the bill for Amtrak.
  This would give Amtrak sufficient funding to ensure solvency and to 
begin to address the long-term capital needs that have been neglected 
for so long. The amendment offsets the additional Amtrak funding by 
reducing the tax cut that those earning $1 million or more would 
receive in 2004 from $88,000 to $88,500 or by only $2,500.
  This rule does not protect language currently in H.R. 2989 that would 
prohibit the Treasury Department from contracting with expatriate 
corporations, those companies which operate here in the United States 
but set up shell corporations overseas for the expressed purpose of 
avoiding their taxes. Amendments to allow both of these worthwhile 
initiatives were defeated last night by the Committee on Rules 
Republicans, I am sad to say.
  Finally, Mr. Speaker, let me comment on two amendments regarding U.S. 
policy towards Cuba. The gentleman from Arizona (Mr. Flake) and myself 
and several of our colleagues from the Cuba Working Group will offer a 
bipartisan amendment to prohibit funds from being used to enforce 
restrictions on travel by Americans to Cuba. Another bipartisan 
amendment will be offered by the gentleman from Massachusetts (Mr. 
Delahunt) and the gentleman from Arizona (Mr. Flake) that will 
eliminate the cap on remittances to Americans from Cuban households.
  Each year for the past 3 years these amendments to end the ban on 
travel have received overwhelming support by the Members of this House. 
Last year it was approved by a vote of 262 to 167.

[[Page 21149]]

The amendment to lift the cap on remittances passed by a similar 
margin. The crackdown on dissidents carried out earlier this year by 
the Cuban Government demonstrated how completely ineffective U.S. 
policy over the past 40 years has been in protecting human rights in 
Cuba. Because of this, many major human rights groups, including 
Amnesty International and Human Rights Watch, have called on the United 
States Government to end the restrictions on Americans wanting to 
travel to Cuba. Most importantly, the amendment affirms the basic right 
of all Americans to travel freely.
  Former Supreme Court Justice William Douglas said, ``Freedom of 
movement is the very essence of our free society, setting us apart. It 
often makes all other rights meaningful.''
  Mr. Speaker, I urge my colleagues to support for the fourth year in a 
row the Flake-McGovern amendment on ending the travel ban on the right 
of Americans to travel to Cuba and support the Delahunt-Flake amendment 
lifting the cap on remittances to Cuban family members living on the 
island.
  Mr. Speaker, I reserve the balance of my time.
  Mr. REYNOLDS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is an open rule, and there will be ample debate 
throughout the day as we first have the debate on the appropriations 
bill and then the opportunity for Members to submit amendments for 
consideration throughout the day.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Wisconsin (Mr. Obey), the ranking member on the 
Committee on Appropriations.
  Mr. OBEY. Mr. Speaker, we have just been told that this rule is an 
open rule. That is an absolutely meaningless statement. What the 
majority has done once again is to waive the rules of the House for the 
majority product, but then refuse to waive those same rules for 
amendments that the minority wishes to offer. In my view, that is a 
gutless way to legislate. It is an unfair way to legislate. It does 
discredit to this House and discredit to those who impose those kinds 
of rules.
  And to suggest that this is an open rule, implying, somehow implying 
that this is business as usual, if this is business as usual, I think 
the American public would hang their heads when they understand it.
  I am against this bill. I am against the previous question on the 
rule. I am against the rule itself. This bill is inadequate in a large 
number of ways. It is a joke in terms of what it does to Amtrak. It 
does not provide sufficient funding to keep Amtrak funded. And whether 
some people like it or not, we need a national Amtrak system.
  Secondly, it virtually guarantees that enhancement projects which 
were a key in moving forward the transportation authorization bill the 
last time it was on the floor have now been gutted. And that means that 
municipalities are not going to have the opportunity for many of the 
enhancements they have had in the past. I think that is a mistake.
  You have a weird sense of priorities expressed in the EITC 
precertification provision in this bill. The majority says, ``Oh, we 
ought to spend $100 million on more IRS enforcement to go after the 
poorest taxpayers in this society who take advantage of the EITC'', 
when you could use that same $100 million and go after noncompliance by 
large corporations and bring many times more dollars into the Treasury 
than you ever will by the EITC provision.
  This provision in this bill is not here to save the taxpayers money. 
It is here for ideological reasons. The Republican majority for years 
supported the earned income tax credit as an alternative to the minimum 
wage increase. And now that there is no ``threat'' from a Republican 
Congress on raising the minimum wage, now they go after the only tax 
provision in the law to help the poorest taxpayers who ought to get a 
minimum wage increase but do not get it.
  We also have the issue of Cuba. I am very much in support of the 
effort that the gentleman from Massachusetts will make because in my 
view existing U.S. policy toward Cuba is stupid, capital letter stupid. 
It is mindless, capital letter mindless. It is ineffective. All it does 
is give that two-bit dictator Castro in Cuba an excuse to point to 
somebody else for his island's troubles. Now, I do not mind . . . well, 
I do mind because it is bad enough when we restrict the rights of 
individual American citizens to travel where they want to travel, if it 
is being done on behalf of a good policy; but I really do mind when it 
is being done on behalf of a stupid policy. This policy is out-moded. 
It has not worked. If it had worked, Castro would be long gone.
  Again, what we have here is an ideologically driven policy. It is put 
together by people who think with their spleen instead of their head. 
It makes no sense whatsoever. The bill ought to be voted down. The rule 
ought to be voted down. The previous question ought to be voted down 
until this committee comes to its senses.
  Mr. REYNOLDS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am certainly glad it is an open rule that is going to 
be considered by an amendment process that goes paragraph by paragraph 
as is outlined here. And I also know, while I do not sit on 
appropriations nor authorizing committees and just on the Committee on 
Rules, that this particular one prohibits unauthorized or legislative 
provisions in an appropriations bill against provisions in the bill 
unless as specified before us today; and that as usual we recognize 
those, the Chair or the speaker, according to the priority of 
recognition of Members who have preprinted their amendments in the 
Congressional Record to be heard. And it provides one motion to 
recommit with or without instructions.
  Amtrak is going to be a debate that we will continue. As a New 
Yorker, I certainly watch that debate closely. But the Department of 
Transportation has testified that Amtrak needs reform more than it 
needs money. As a matter of fact, I believe that the witnesses, the 
Chair, and ranking member of the Subcommittee on Transportation, 
Treasury and Independent Agencies of the Committee on Appropriations 
indicated that they also believe that money alone was not going to 
solve Amtrak's problems. So my understanding is there is money there 
and there may well be amendments later today that ask for consideration 
of more or less.
  When we look at the discussion of how much money and what categories 
of programs, I suppose if there was unlimited money for transportation, 
we could then unlimit the categories, whether you need roads or bridges 
or bike paths. This legislation, while I wish there was more 
transportation money for my district or my State or my region or the 
country as a whole, has provided flexibility for the States in order to 
make that tough decision. Do you need a bike path? Do you need a bridge 
repair? Do you need roads reconstructed or constructed due to growth? 
So some of that flexibility with the money we have gives States the 
ability to make those tough decisions.
  I listened carefully on the earned income tax credits as our 
colleague, the ranking member of the Committee on Appropriations talked 
about it, but while my colleagues on the other side of the aisle argue 
that $105 million in IRS for precertification of the EITC applicants 
should be stricken, I just want to make the record known that every 
other welfare program has a precer- tification, except the EITC.

                              {time}  1045

  EITC automatically sends checks, and only after they begin to look at 
the eligibility. So I am not sure how the system should work, and I 
will leave that to the administration, but it is not as if this is 
singled out.
  Mr. OBEY. Mr. Speaker, will the gentleman yield?
  Mr. REYNOLDS. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Speaker, I thank the gentleman for yielding to me.
  I did not say that that provision should be stricken. What I said is 
that

[[Page 21150]]

if you want to make money for the taxpayers, you can haul in a lot more 
money to the Treasury by using that same hundred million dollars to go 
after people with real bucks in their pockets, the large size 
corporations in this country. What you will collect on this, if you do 
indeed have scarce dollars, it seems to me you ought to put them where 
you get the biggest bang for a buck.
  Mr. REYNOLDS. Mr. Speaker, I thank the gentleman for clarifying the 
record.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  I want to respond to the gentleman from New York on the issue of 
Amtrak. The fact of the matter is that Amtrak's management has recently 
begun to stabilize its finances and improve its service and increase 
its ridership, and as I mentioned in my opening statement, their reward 
for their progress in this bill is to be given one-half of what they 
need to maintain existing operations.
  If the gentleman does not want to support Amtrak, he does not want to 
give Amtrak the money that they need to support their existing 
operations, then that is his right and he can vote no on such an 
amendment; but the Committee on Rules last night specifically denied 
the right of my colleague from Massachusetts (Mr. Olver) to offer his 
amendment which would have corrected this shortfall, and I think that 
is one of the concerns that we have about this rule.
  Why this rule truly is not open is because a lot of meaningful 
amendments to address some very serious issues were denied last night 
by the Committee on Rules.
  Mr. Speaker, I yield 4 minutes to the gentleman from Massachusetts 
(Mr. Olver).
  Mr. OLVER. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I urge a no vote on this rule. Mr. Speaker, I had an 
amendment which I had asked the Committee on Rules to allow but was not 
made in order under the rule. That amendment would have added $500 
million to the bill for Amtrak, bringing their total funding for fiscal 
year 2004 to $1.4 billion, still $400 million less than Amtrak has 
indicated that they need to begin to make a dent in the severe deferred 
maintenance and inadequate capital investments that have been plaguing 
them for years.
  The amendment would have allowed them to begin to make an inroad in 
those deferred maintenance and capital investment deferences that have 
plagued them, as I have indicated.
  My amendment would have done this by reducing the average tax cut for 
those earning $1 million or more of taxable income from an average of 
$88,000 to an average of $85,500 or about, on average, $2,500 per 
person. This amendment should have been made in order if this Congress 
believes in a national passenger rail system. And I would just point 
out that for persons who are just reaching that threshold of what 
sounds like a very large number of $1 million of taxable income, for 
persons just reaching that threshold, that would have required a 
reduction of less than $1,000 in their tax cut.
  The bill before us provides only $900 million in fiscal 2004 for 
Amtrak and, if enacted, will strangle passenger rail service in the 
United States. No large private or public intercity passenger rail 
system in the world has been profitable or been able to survive without 
substantial public subsidy. When national governments no longer want to 
support intercity rail service, the rail service disappears. The lesson 
is clear. Passenger railways cannot operate without government support.
  Over the last 5 years, Amtrak has received an average of $1.1 billion 
per year, and this reduction in that level of funding has caused Amtrak 
to defer important capital improvements to the point of danger to the 
public safety of users.
  Amtrak has a $3.8 billion backlog on infrastructure, $1.1 billion 
backlog for fleet, and $9 million backlog for stations and facilities. 
Without an adequate capital budget we will be playing Russian roulette 
with the operability of Amtrak and the safety of its passengers.
  We must continue to work to provide Amtrak the money it needs to run 
a safe and national railway system. So because my amendment to provide 
that necessary funding for the national rail passenger system has not 
been made in order, I am urging a no vote on the rule.
  Mr. REYNOLDS. Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Utah (Mr. Matheson).
  Mr. MATHESON. Mr. Speaker, I rise today to urge my fellow Members to 
oppose the previous question.
  Mr. Speaker, these are difficult times in our Nation. We are fighting 
terrorism on numerous fronts. Our economy is in serious trouble, 
unemployment is at record-high levels, and our future budget deficits 
are predicted to be the highest in the history of this great Nation.
  Now is not the time for Members of Congress to be voting themselves a 
pay raise. We need to show the American people that we are willing to 
make sacrifices. We need to budget, live within our means and make 
careful spending decisions based on our most pressing priorities.
  Mr. Speaker, let us send a signal to the American people that we 
recognize their struggle in today's economy. Vote no on the previous 
question so we can have an opportunity to block the automatic cost-of-
living adjustment to Members of Congress. Regardless of how Members 
feel about this issue, they should all be willing to make their 
position public and on the record.
  A no vote will allow Members to vote up or down on the COLA. If the 
previous question is defeated, I will offer an amendment to the rule. 
My amendment will block the fiscal year 2004 automatic cost-of-living 
pay raise for Members of Congress. Because this amendment requires a 
waiver, the only way to get to this issue is to defeat the previous 
question.
  Therefore, I urge Members to vote no on the previous question.
  Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Maryland (Mr. Hoyer), the minority whip.
  Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding time to 
me. I will be very brief and not take 2 minutes, but I want to bring to 
the attention, particularly of the Members on my side, I will be voting 
for the previous question. This is a procedure we have followed in the 
past. It is an honest, in-the-daylight procedure.
  The gentleman from Utah (Mr. Matheson) raises his point. He has 
raised it in the past. I would urge Members to vote for the previous 
question.
  Then I think on our side we are very concerned about the rule itself, 
and many of us will not be supporting the rule, but I would urge my 
Members on this side to vote for the previous question.
  Mr. REYNOLDS. Mr. Speaker, I have no additional speakers, but I 
reserve the balance of my time until my colleague is prepared to close.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  I would just close by urging my colleagues to vote no on this rule. 
The majority says we have an open rule, but as my colleagues have heard 
in this debate this morning, a number of very important, substantive 
amendments have not been made in order.
  The amendment that the gentleman from Massachusetts (Mr. Olver) has 
offered that would address this shortfall in funding for Amtrak was not 
allowed by the Committee on Rules last night. This is our only 
opportunity to fix this very, very serious issue. The Amtrak funding in 
this bill is half of what is necessary to maintain existing services 
and operations, and it is simply inadequate.
  In addition, this rule does not protect language in this bill that 
would prohibit the Treasury Department from contracting with expatriate 
corporations. Again, these are these companies which operate here in 
the United States but set up shell corporations overseas for the 
express purpose of

[[Page 21151]]

avoiding their taxes. We are at war. We have a difficult economy. 
American citizens are being asked to sacrifice, and yet we are going to 
protect companies that set up these P.O. boxes in places like Bermuda 
to avoid paying taxes and to allow them to continue to receive U.S. 
Government contracts. It is unconscionable that we would try to protect 
those corporations.
  I would urge my colleagues to vote no on this rule.
  Mr. Speaker, I yield back the balance of my time.
  Mr. REYNOLDS. Mr. Speaker, I yield myself such time as I may consume.
  I am sure the underlying bill before us today was an arduous 
undertaking. It represents funding for the Department of 
Transportation, Department of Treasury, including the IRS, the General 
Services Administration, the United States Postal Service, the Office 
of Management and Budget, the White House, Office of Personnel 
Management, among others. It is a brand new subcommittee that was put 
together by this House.
  It is a fair and balanced bill that seeks to continue programs that 
are working and reform those that are not. By substantially increasing 
many areas of the bill and maintaining funding in others, this Congress 
has once again lived up to its commitment to our communities.
  I urge a ``yes'' vote on the previous question and a ``yes'' vote on 
the rule.
  Mr. Speaker, I yield back the balance of my time, and I move the 
previous question on the resolution.
  The SPEAKER pro tempore (Mr. Simpson). The question is on ordering 
the previous question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. MATHESON. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes 
the minimum time for any electronic vote, if ordered, on the question 
of adoption of the resolution.
  The vote was taken by electronic device, and there were--yeas 240, 
nays 173, not voting 21, as follows:

                             [Roll No. 463]

                               YEAS--240

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Baca
     Baker
     Ballance
     Ballenger
     Barton (TX)
     Bass
     Bereuter
     Berman
     Biggert
     Bilirakis
     Bishop (GA)
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boucher
     Boyd
     Brady (PA)
     Brown (SC)
     Brown, Corrine
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capuano
     Cardin
     Castle
     Clay
     Clyburn
     Cole
     Conyers
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (FL)
     Davis (IL)
     Davis, Tom
     Delahunt
     DeLauro
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Dreier
     Dunn
     Ehlers
     Emerson
     Eshoo
     Everett
     Fattah
     Feeney
     Ferguson
     Filner
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gilchrest
     Gillmor
     Gonzalez
     Goodlatte
     Goss
     Granger
     Green (TX)
     Greenwood
     Gutierrez
     Gutknecht
     Harman
     Hastings (FL)
     Hastings (WA)
     Hefley
     Herger
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Honda
     Hoyer
     Hunter
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kennedy (RI)
     Kilpatrick
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Lantos
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     Lowey
     Lucas (OK)
     Lynch
     Majette
     Manzullo
     Markey
     Matsui
     McCarthy (MO)
     McCollum
     McCotter
     McCrery
     McDermott
     McHugh
     McInnis
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller (MI)
     Miller, Gary
     Miller, George
     Mollohan
     Moran (VA)
     Murtha
     Myrick
     Nadler
     Neal (MA)
     Nethercutt
     Ney
     Nunes
     Nussle
     Oberstar
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Pelosi
     Pence
     Peterson (MN)
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Rehberg
     Reyes
     Reynolds
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Ruppersberger
     Rush
     Sabo
     Sanchez, Linda T.
     Saxton
     Schakowsky
     Schrock
     Scott (VA)
     Serrano
     Shadegg
     Shaw
     Sherman
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Solis
     Souder
     Stark
     Sweeney
     Tancredo
     Tauscher
     Tauzin
     Thomas
     Thompson (MS)
     Thornberry
     Tiberi
     Towns
     Turner (OH)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (FL)

                               NAYS--173

     Alexander
     Allen
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Bartlett (MD)
     Beauprez
     Becerra
     Bell
     Berkley
     Berry
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Boozman
     Boswell
     Bradley (NH)
     Brady (TX)
     Brown (OH)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Capito
     Capps
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Chabot
     Chocola
     Coble
     Collins
     Costello
     Davis (AL)
     Davis (CA)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeFazio
     Deutsch
     Duncan
     Edwards
     Emanuel
     English
     Etheridge
     Evans
     Farr
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Gerlach
     Gibbons
     Gingrey
     Goode
     Gordon
     Green (WI)
     Grijalva
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hensarling
     Hill
     Holden
     Holt
     Hooley (OR)
     Hostettler
     Houghton
     Hulshof
     Inslee
     Isakson
     Israel
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Jones (NC)
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kildee
     Kind
     Kleczka
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Lewis (KY)
     LoBiondo
     Lofgren
     Lucas (KY)
     Maloney
     Marshall
     Matheson
     McCarthy (NY)
     McGovern
     McIntyre
     Mica
     Michaud
     Miller (FL)
     Miller (NC)
     Moore
     Moran (KS)
     Murphy
     Musgrave
     Napolitano
     Neugebauer
     Northup
     Norwood
     Obey
     Paul
     Pearce
     Peterson (PA)
     Petri
     Pitts
     Platts
     Pomeroy
     Porter
     Price (NC)
     Ramstad
     Renzi
     Rogers (AL)
     Rogers (MI)
     Ross
     Royce
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sanchez, Loretta
     Sanders
     Sandlin
     Schiff
     Scott (GA)
     Sensenbrenner
     Sessions
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Slaughter
     Smith (WA)
     Snyder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thompson (CA)
     Tiahrt
     Tierney
     Toomey
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Vitter
     Walden (OR)
     Weldon (FL)
     Whitfield
     Wu

                             NOT VOTING--21

     Andrews
     Burton (IN)
     DeGette
     DeMint
     Dooley (CA)
     Engel
     Gephardt
     Graves
     Hyde
     Janklow
     John
     Kucinich
     Payne
     Pickering
     Rangel
     Regula
     Rodriguez
     Roybal-Allard
     Waxman
     Woolsey
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Simpson) (during the vote). The Clerk 
advises that the wall display for the electronic voting system is not 
displaying lights in one column. The Chair would ask Members in the 
fourth column of names to verify their votes at a voting station before 
the Chair announces the results of the vote.
  Once again, the wall display for the electronic voting system is not 
displaying lights in one column. The Chair would ask Members in the 
fourth column of names to verify their votes at a voting station before 
the Chair announces the results of the vote.

                              {time}  1132

  Messrs. ROGERS of Michigan, DEAL of Georgia, BISHOP of Utah, NORWOOD, 
LaHOOD, FRANKS of Arizona, KELLER, GERLACH, BURNS, DUNCAN, PORTER, 
ENGLISH, FLAKE, NEUGEBAUER, PLATTS, HOLT, MURPHY, CHABOT, DEUTSCH, 
ROYCE, FORD, SPRATT, SHAYS, TIAHRT, STEARNS, PEARCE, KLECZKA, 
HOSTETTLER, MILLER of North Carolina, FOLEY, MICA, HAYES, TERRY, 
SHUSTER, GIBBONS, COBLE, LEWIS of Kentucky, PETERSON of Pennsylvania, 
RENZI, WELDON of Florida, BURR, Mrs. JOHNSON of Connecticut, Ms. 
HARRIS, Ms. KAPTUR and Ms. SLAUGHTER changed their vote from ``yea'' to 
``nay.''
  Messrs. SHERMAN, BALLANCE, DICKS, BILIRAKIS, MEEHAN, MATSUI, 
JEFFERSON, BERMAN, DAVIS

[[Page 21152]]

of Illinois, OWENS, BOYD, PASTOR, BOUCHER, Mrs. LOWEY, Mrs. BONO, Ms. 
MAJETTE and Ms. McCARTHY of Missouri changed their vote from ``nay'' to 
``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.


                          PERSONAL EXPLANATION

  Mrs. EMERSON. Mr. Speaker, earlier today I inadvertently voted 
``yea'' on rollcall vote 463, ordering the previous question for H. 
Res. 351, Providing for Consideration of H.R. 2989, Departments of 
Transportation and Treasury Appropriations Act of 2004.
  I ask that, even though the record cannot reflect this statement, you 
consider me opposed to the automatic pay increases that may result from 
passage of this provision, by a vote of 240-173, this morning.
  In the 106th and 107th Congresses, I was one of a handful of 
Representatives to cosponsor legislation to eliminate these automatic 
pay adjustments for Members of Congress. My voting record over the past 
seven years reflects my strong opposition to automatic cost-of-living 
adjustments for Members of Congress.
  A ``nay'' vote would have best reflected my opposition to automatic 
pay adjustments. I apologize for the way in which this inadvertent vote 
may have misled you to believe I am in favor of such an automatic pay 
increase.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. OBEY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 235, 
noes 178, not voting 21, as follows:

                             [Roll No. 464]

                               AYES--235

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

                               NOES--178

     Abercrombie
     Ackerman
     Alexander
     Allen
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Chabot
     Clyburn
     Costello
     Cramer
     Crowley
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Doggett
     Edwards
     Emanuel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Goode
     Gordon
     Grijalva
     Gutierrez
     Hall
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Pelosi
     Pomeroy
     Price (NC)
     Ramstad
     Ross
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Wamp
     Waters
     Watt
     Weiner
     Wexler
     Wu

                             NOT VOTING--21

     Andrews
     Burton (IN)
     DeGette
     DeMint
     Dooley (CA)
     Engel
     Gephardt
     Graves
     Hyde
     Janklow
     John
     Kucinich
     Payne
     Pickering
     Rangel
     Regula
     Rodriguez
     Roybal-Allard
     Waxman
     Woolsey
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). The Chair would once again 
remind Members in the fourth column to check their votes on the voting 
machine. The voting machine is working correctly, but the display is 
not displaying those names. Members should independently verify their 
votes on a voting station.


                Announcement by the Speaker Pro Tempore

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

                              {time}  1143

  Mr. WAMP changed his vote from ``aye'' to ``no.''
  Mr. OBEY changed his vote from ``no'' to ``aye.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  Mr. OBEY. Mr. Speaker, I move to reconsider the last vote.


                Motion to Table Offered by Mr. Reynolds

  Mr. REYNOLDS. Mr. Speaker, I move to lay on the table the motion to 
reconsider.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Reynolds) to table the motion to 
reconsider offered by the gentleman from Wisconsin (Mr. Obey).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. OBEY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 205, 
noes 180, not voting 49, as follows:

                             [Roll No. 465]

                               AYES--205

     Aderholt
     Akin
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert

[[Page 21153]]


     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Buyer
     Calvert
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chocola
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     English
     Everett
     Feeney
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Green (WI)
     Gutknecht
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Isakson
     Issa
     Istook
     Jenkins
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Lynch
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Nethercutt
     Neugebauer
     Ney
     Northup
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Platts
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Udall (CO)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                               NOES--180

     Abercrombie
     Ackerman
     Alexander
     Allen
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Clay
     Clyburn
     Coble
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Hall
     Harman
     Hastings (FL)
     Hill
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pastor
     Pelosi
     Pomeroy
     Price (NC)
     Reyes
     Ross
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Weiner
     Wexler
     Wu
     Wynn

                             NOT VOTING--49

     Andrews
     Ballenger
     Bereuter
     Berman
     Boehner
     Burton (IN)
     Camp
     Carter
     Deal (GA)
     DeGette
     Delahunt
     DeMint
     Dooley (CA)
     Emerson
     Engel
     Fattah
     Gephardt
     Graves
     Greenwood
     Hinchey
     Houghton
     Hyde
     Janklow
     John
     Johnson (CT)
     Johnson, Sam
     Jones (OH)
     Kucinich
     LaTourette
     McCarthy (NY)
     Miller, George
     Myrick
     Nadler
     Norwood
     Pascrell
     Payne
     Pickering
     Pombo
     Rangel
     Regula
     Rodriguez
     Roybal-Allard
     Ryun (KS)
     Souder
     Stark
     Van Hollen
     Waxman
     Woolsey
     Young (AK)


                Announcement by the Speaker Pro Tempore

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

                              {time}  1201

  Messrs. COBLE, DICKS, FRANK of Massachusetts, RUSH, SPRATT, Ms. 
WATERS, and Mr. WYNN changed their vote from ``aye'' to ``no.''
  Messrs. LEWIS of California, SAXTON, TANCREDO, THOMAS, and WALDEN of 
Oregon changed their vote from ``no'' to ``aye.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. BEREUTER. Mr. Speaker, on September 4, 2003, this Member 
unavoidably missed rollcall vote No. 465. Because this was a 5-minute 
vote, in contrast to the normal practice of 15 minutes employed on the 
floor when votes are not predicted, this Member returned to Committee 
and was unaware that the normal practice was not pursued. Several other 
Members were in the same position. Had this Member been present, this 
Member would have voted ``aye'' on this procedural vote to table the 
motion to reconsider the previous vote.

                          ____________________