[Congressional Record (Bound Edition), Volume 150 (2004), Part 5]
[House]
[Pages 5577-5578]
[From the U.S. Government Publishing Office, www.gpo.gov]




MOTION TO INSTRUCT CONFEREES ON S. CON. RES. 95, CONCURRENT RESOLUTION 
                   ON THE BUDGET FOR FISCAL YEAR 2005

  The SPEAKER pro tempore (Mr. Simpson). The pending business is the 
question on the motion to instruct conferees on the Senate concurrent 
resolution, S. Con. Res. 95.
  The Clerk will designate the motion.
  The Clerk designated the motion.
  The SPEAKER pro tempore. The question is on the motion to instruct 
offered by the gentleman from California (Mr. Thompson) on which the 
yeas and nays are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 209, 
nays 209, not voting 16, as follows:

                             [Roll No. 97]

                               YEAS--209

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Bass
     Becerra
     Bereuter
     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
     Castle
     Chandler
     Clay
     Clyburn
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kolbe
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     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
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Petri
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NAYS--209

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

                             NOT VOTING--16

     Bell
     Berman
     Burton (IN)
     Conyers
     Culberson
     DeMint
     Fossella
     Frank (MA)
     Gephardt
     Houghton
     Hoyer
     Hulshof
     Neal (MA)
     Tanner
     Tauzin
     Taylor (NC)


                Announcement by the Speaker Pro Tempore

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


                         Parliamentary Inquiry

  Mr. THOMPSON of California (during the vote). Mr. Speaker, I have a 
parliamentary inquiry.
  The SPEAKER pro tempore (Mr. Simpson). The gentleman may inquire.
  Mr. THOMPSON of California. Mr. Speaker, everyone has voted. How long 
does the Chair plan to keep the roll open?
  The SPEAKER pro tempore. It is a minimum 5-minute vote.
  Mr. THOMPSON of California. So what is the maximum, Mr. Speaker?
  The SPEAKER pro tempore. There is no maximum.
  Mr. THOMPSON of California. Mr. Speaker, I thought that we had House 
rules that limited the time that the roll could be kept open.
  The SPEAKER pro tempore. There is no House rule that limits the time. 
Rule XX provides a minimum time.
  Mr. THOMPSON of California. Mr. Speaker, how long will the Chair keep 
the role open on this particular vote?
  The SPEAKER pro tempore. Until all the Members wishing to vote have 
voted.
  Mr. THOMPSON of California. Mr. Speaker, how long has the roll been 
open?
  Mr. Speaker, I have a point of parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman may inquire.
  Mr. THOMPSON of California. Mr. Speaker, how long has the roll been 
open on this 5-minute vote?
  The SPEAKER pro tempore. Thirteen minutes on this minimum 5-minute 
vote.
  Mr. THOMPSON of California. How much longer does the Chair plan to 
keep the roll open?

[[Page 5578]]




                        Parliamentary Inquiries

  Mr. SPRATT (during the vote). Mr. Speaker, parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman may state his inquiry.
  Mr. SPRATT. Mr. Speaker, if the purpose of setting the vote at 5 
minutes was to save time, the House's time, what purpose is served by 
allowing the roll to stay open for more than 20 minutes?
  The SPEAKER pro tempore. The Chair is exercising his discretion.
  Mr. SPRATT. Mr. Speaker, but if the original purpose was to save 
time, why are we now extending time?
  The SPEAKER pro tempore. The Chair is exercising his discretion and 
can do so under the rule.
  Mr. SPRATT. Can the Chair give us an estimate of when he expects to 
close the roll and announce the vote?
  The SPEAKER pro tempore. The Chair cannot predict the future.
  Mr. RANGEL. Parliamentary inquiry, Mr. Speaker.
  The SPEAKER pro tempore. The gentleman may inquire.
  Mr. RANGEL. Mr. Speaker, could the brilliant Chair share with us the 
basis of his discretionary decision on this most important vote?
  The SPEAKER pro tempore. The Chair has the discretion as to when to 
close a vote.
  Mr. RANGEL. I know that, Mr. Speaker.
  The SPEAKER pro tempore. After the minimum time has expired.
  Mr. RANGEL. Mr. Speaker, we will never challenge the Chair's 
discretion, because we appreciate the intelligence which he brings to 
this august body. So that is the reason why we should like to support 
the Chair if he could only share with us the basis of his decision.
  The SPEAKER pro tempore. Another Member has entered the Chamber to 
vote.
  Mr. RANGEL. Mr. Speaker, I think this one vote has answered my 
question. The Chair wanted just one more affirmative vote.

                              {time}  1222

  Messrs. DUNCAN, OSE, SMITH of Michigan and WHITFIELD changed their 
vote from ``yea'' to ``nay.''
  Mr. OWENS changed his vote from ``nay'' to ``yea.''
  So the motion was rejected.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. HOYER. Mr. Speaker, I was unavoidably detained on rollcall 97, 
the motion to instruct conferees. I was attending a memorial service 
for the wife of a very dear friend and, therefore, could not attend. 
Had I been in attendance, I would have voted for the motion to 
instruct, which I understand would have made the tally 210 for and 209 
against.


                        Appointment of Conferees

  The SPEAKER pro tempore (Mr. Simpson). Without objection, the Chair 
appoints the following conferees: For consideration of the Senate 
concurrent resolution and the House amendment, and modifications 
committed to conference: Messrs. Nussle, Portman and Spratt.
  There was no objection.

                          ____________________