On September 5, 2003, the House approved the Tom Davis (VA) Amdt:
TOM DAVIS OF VIRGINIA AMENDMENT
ON AGREEING TO THE AMENDMENT
H R 2765
AYES NOES PRES NV
REPUBLICAN 201 14 13
DEMOCRATIC 4 188 13
INDEPENDENT 1
TOTALS 205 203 26
TIME REMAINING 0:00
However, this amendment was technically adopted in the Committee of the Whole. When the committee "rose" and reported the amendment back to the House, the Dems forced a second vote in the full House:
TOM DAVIS OF VIRGINIA AMENDMENT
ON AGREEING TO THE AMENDMENT
H R 2765
AYES NOES PRES NV
REPUBLICAN 206 15 7
DEMOCRATIC 3 192 10
INDEPENDENT 1
TOTALS 209 208 17
TIME REMAINING 0:00
Here's the dialogue during the vote:
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Mr. Thornberry) (during the vote). Members are advised that 2 minutes remain in this vote.
PARLIAMENTARY INQUIRIES
Mr. HOYER (during the vote). Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore (Mr. THORNBERRY). The gentleman may state a parliamentary inquiry pertaining to the vote.
Mr. HOYER. Mr. Speaker, under regular order, we were told at the beginning of this session that the leadership of the House and the message from the Speaker of the House, DENNIS HASTERT, was that we were going to allot 15 minutes for votes with only 2 minutes, and that at 17 minutes, the voting tally would close, and we were all urged to be on time so that the work of the House could be done efficiently and effectively.
Mr. Speaker, my inquiry is, is that regular order still in place? Is that still the policy of the leadership of this House?
The SPEAKER pro tempore. The Chair would respond to the gentleman from Maryland that clause 2 of rule XX states that the minimum time for a recorded vote or quorum call by electronic device shall be 15 minutes.
Mr. HOYER. Mr. Speaker, further parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his further parliamentary inquiry.
Mr. HOYER. Mr. Speaker, was that the rule that the distinguished Robert Walker of Pennsylvania raised such cane about and was so angry about and felt that Jim Wright was so out of order about when he held the vote open? Is that the rule, Mr. Speaker?
The SPEAKER pro tempore. The gentleman did not state a further parliamentary inquiry.
The Chair would further note, from House Practice, chapter 58, section 20, that the Chair has the discretion either to close a vote and to announce the result at any time after 15 minutes have elapsed or may allow additional time for Members to record their votes before announcing the result.
Mr. HOYER. Mr. Speaker, further parliamentary inquiry.
The SPEAKER pro tempore. The gentleman from Maryland may state his further parliamentary inquiry.
Mr. HOYER. Mr. Speaker, listening to the Chair's recitation of the rule, would that mean that the Chair now has the authority to close this vote and express the will of the House of Representatives as reflected on the board?
The SPEAKER pro tempore. The Chair would again state to the gentleman that the Chair has the discretion either to close a vote and announce the result at any time after 15 minutes have elapsed or to allow additional time for Members to record their votes before announcing the result.
Mr. FRANK of Massachusetts. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. For what purpose does the gentleman from Massachusetts rise?
Mr. FRANK of Massachusetts. The question is not whether the Chair has the discretion but whether or not he has the integrity and courage to do so.
Mr. OBEY. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The gentleman from Wisconsin may state his parliamentary inquiry.
Mr. OBEY. Mr. Speaker, could I inquire if anyone from the attending physician is present? I understand someone's arm is being broken.