[Congressional Record Volume 141, Number 153 (Thursday, September 28, 1995)]
[House]
[Pages H9625-H9628]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THREE-JUDGE COURT FOR CERTAIN INJUNCTIONS

  The SPEAKER pro tempore (Mr. Riggs). Pursuant to House Resolution 227 
and rule XXIII, 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. 1170.


                     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. 1170) to provide that cases challenging the 
constitutionality of measures passed by State referendum be heard by a 
three-judge court, with Mr. Ewing in the Chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today, the 
amendment offered by the gentlewoman from Colorado [Mrs. Schroeder] had 
failed by voice vote and a request for a recorded vote had been 
postponed.


                  amendment offered by mrs. schroeder

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentlewoman from Colorado [Mrs. 
Schroeder] on which the noes prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.
  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.


                             recorded vote

  The vote was taken by electronic device, and there were--ayes 177, 
noes 248, not voting 9, as follows:

                             [Roll No. 692]

                               AYES--177

     Abercrombie
     Ackerman
     Baldacci
     Barcia
     Barrett (WI)
     Becerra
     Beilenson
     Bentsen
     Berman
     Bevill
     Bishop
     Bonior
     Borski
     Boucher
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Cardin
     Chapman
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (MI)
     Costello
     Coyne
     Cramer
     Danner
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Ford
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Gonzalez
     Green
     Gutierrez
     Hall (OH)
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Holden
     Houghton
     Hoyer
     Jackson-Lee
     Jacobs
     Jefferson
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kleczka
     Klink
     LaFalce
     Lantos
     Levin
     Lewis (GA)
     Lincoln
     Lipinski
     Lofgren
     Lowey
     Luther
     Maloney
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy
     McDermott
     McHale
     McKinney
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Minge
     Mink
     Moakley
     Mollohan
     Moran
     Murtha
     Nadler
     Neal
     Oberstar
     Obey
     Ortiz
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Pickett
     Pomeroy
     Poshard
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Skaggs
     Skelton
     Slaughter
     Spratt
     Stark
     Stokes
     Studds
     Stupak
     Tanner
     Thompson
     Thurman
     Torres
     Torricelli
     Towns
     Velazquez
     Vento
     Visclosky
     Volkmer
     Ward
     Waters
     Watt (NC)
     Waxman
     Williams
     Wise
     Woolsey
     Wyden
     Wynn
     Yates

                               NOES--248

     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bereuter
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Brewster
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Condit
     Cooley
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dornan
     Dreier
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hall (TX)
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Hostettler
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     McNulty
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Montgomery
     Moorhead
     Morella
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Orton
     Oxley
     Packard
     Parker
     Paxon
     Peterson (MN)
     Petri
     Pombo
     Porter
     Portman
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stenholm
     Stockman
     Stump
     Talent
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Thornton
     Tiahrt
     Traficant
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

[[Page H 9626]]


                             NOT VOTING--9

     Bateman
     Collins (IL)
     Conyers
     Duncan
     Olver
     Reynolds
     Tejeda
     Torkildsen
     Tucker

                              {time}  1523

  Mr. FLANAGAN and Mr. ROTH changed their vote from ``aye'' to ``no.''
  Ms. KAPTUR, Mr. GENE GREEN of Texas, and Mr. SPRATT changed their 
vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


            AMENDMENT OFFERED BY MR. WATT OF NORTH CAROLINA

  Mr. WATT of North Carolina. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Watt of North Carolina: Page 3, 
     beginning on line 1, strike ``each of the several States and 
     the District of Columbia;'' and insert ``the State of 
     California;''.
       Page 3, line 4, strike ``a'' and replace with ``the''.
       Page 3, line 5, strike ``a'' and replace with ``the''.

  Mr. WATT of North Carolina. Mr. Chairman, I am offering this 
amendment to restrict the effect of this bill to the State of 
California, rather than to the entire United States, because the bill 
is being offered to address a specific problem.

                              {time}  1530

  This is a terrible bill, my colleagues. If we have a terrible bill, 
it seems to me that the least we ought to try to do is limit it to as 
small an area as we can possibly limit it to.
  This bill comes forward simply because some of the folks in 
California do not like the results of a lawsuit that was filed and a 
court decision that was entered in California which declared the 
results of a referendum unconstitutional under the Federal Constitution 
of the United States.
  There is not but one other instance, one instance in the law now 
where a three-judge panel of judges is required, and that is in the 
area of voting rights. The effect of this bill would be to create a 
three-judge panel every time a constitutional issue was raised where a 
referendum has been conducted in a State. It makes no sense to do that.
  We had a law on the books from approximately 1945 to 1976 which 
required three-judge panels. It was taken off of the books, repealed 
because the judiciary, lawyers, and the general public all concluded 
that it was the worst part of the judicial system that existed at that 
time.
  Now we are being called upon simply because some of the 
representatives in California do not like the results of a lawsuit to 
put that law back on the books to apply to every State in the Union. 
The effect of this bill would be to require three judges to decide a 
case when one judge has been deciding it in the past.
  Once we start doing it in referendum cases, then I am not sure how we 
restrict it.
  My colleagues, this is a bad, bad bill. It is bad, bad public policy. 
We should be serious about it if we are interested in saving taxpayers 
money. We have been here trying to balance the budget, we say. Yet, in 
this one instance to play politics with one person from California, we 
are getting ready to add substantial cost to the judiciary and make a 
public policy decision that makes absolutely no sense.
  A State court judge held the referendum in this case 
unconstitutional. A Federal court judge held the referendum and the 
results of that referendum unconstitutional. It would not have mattered 
who decided this case; the issue on that referendum was 
unconstitutional. To go back and try to address that by changing the 
process makes no sense.
  To say that we are going to convene three Federal judges to come 
together in one location, when we have the substantial backlog in our 
courts that we have, every time we got some referendum that somebody 
does not like the results of, we have got to convene three Federal 
judges, take up their time, take up their clerk's time, expose the 
taxpayers to this additional expense, I submit to my colleagues is 
very, very, very bad public policy.
  I understand why the gentleman from California is offering this. It 
is good politics at home. He can go home tomorrow and say, look, I got 
something for the State of California and I can deliver. I am a Member 
of Congress now. But it is our responsibility as Members of this body 
to set good public policy.
  I want to say, this amendment would limit this abomination of a bill 
to the State of California.
  Mr. MOORHEAD. Mr. Chairman, I rise in opposition to the amendment.
  Mr. Chairman, with apologies to my good friend, the gentleman from 
North Carolina, California is still in the Union. This is kind of the 
silly season because it gives us an opportunity, I guess, to redebate a 
bill which has already been debated for well over an hour.
  This is a good bill. Anyone that has listened to the debate 
understands that we are protecting the rights of every citizen 
nationwide to the right to have their vote protected when they vote on 
a referendum. This bill is for all voting citizens, not just those 
living in California. The procedure already exists for similar cases 
and is used more in Voting Rights Act cases and apportionment cases 
than it would be in referendum cases, but it is an important procedure.
  The procedure is already set up. It is one which will not affect 187 
in California. There is no relationship to this bill and 187 in 
California, because the bill is gone. It is defeated. We cannot go back 
to it. We will not go back to it. It will only protect the rights of 
people for the future.
  Mr. Chairman, I yield to the gentleman from Illinois [Mr. Hyde].
  Mr. HYDE. Mr. Chairman, I just want to say, sort of in passing, to my 
friend from North Carolina [Mr. Watt], who is one of the most valuable 
members of the House Committee on the Judiciary, but I was taken aback 
by his remarks about the extra cost and the burden on the court. I was 
somewhat taken aback by the gentleman from North Carolina's concern 
about the extra burden on the courts for convening a three-judge panel 
to decide a State referendum or initiative that the constitutionality, 
because my memory could be faulty, I concede that, but I do not recall 
the gentleman being at the point in habeas corpus reform where cases go 
up and down and up and down and up and down. I can think of one that 
lasted 14 years, with 52 appeals. I just do not recall the gentleman 
being a leader in trying to reform that burden on the courts.
  Mr. WATT of North Carolina. Mr. Chairman, will the gentleman yield?
  Mr. MOORHEAD. I yield to the gentleman from North Carolina.
  Mr. WATT of North Carolina. Mr. Chairman, I want to respond to the 
chairman that the last time I checked the Constitution, there is 
nothing in the Constitution that guarantees anybody a three-judge 
panel. There is something that talks about habeas corpus and the writ 
of habeas corpus.
  Mr. HYDE. Mr. Chairman, if the gentleman will continue to yield, 
justice delayed is justice denied. If it takes 14 years to process a 
habeas corpus petition and 52 appeals, there is something very wrong. I 
would expect the gentleman who is sensitive about burdens on the court 
to help us lead that fight.
  Mr. MOORHEAD. Mr. Chairman, I yield to the gentleman from California 
[Mr. Bono].
  Mr. BONO. Mr. Chairman, I rise in opposition to the amendment, and I 
want to thank the gentleman from North Carolina [Mr. Watt] for giving 
me the distinction of bringing forth the worst bill he has ever heard 
of in his life.
  However, it is a bill that I am very proud of and simply for this 
reason: We are here to represent the people. And why do they have a 
referendum? Because sometimes people are not represented so they can do 
that themselves.
  Five million people from a State speak and feel that they have been 
the victim of an injustice. And I have heard the Constitution brought 
up over and over and over. But nobody brings up that our State has been 
suffering from crime, from illegal aliens. That means against the law. 
So I think that carries a weight as well as the Constitution does.
  So, we have people that continue to violate the law. The State is up 
to here with it. They wanted it ended. Government did not end it. So 
they decided to end it themselves. I respect their position. After they 
ended it, again they were duped. And now they are the victims of this 
dupe. 

[[Page H 9627]]

  Mr. BUYER. Mr. Chairman, I move to strike the last word.


                         parliamentary inquiry

  Mr. MFUME. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state it.
  Mr. MFUME. Mr. Chairman, is it not parliamentary procedure that, when 
the time on one side has expired, the Chair acknowledges for 
recognition those seeking time on the other side?
  The CHAIRMAN. The gentleman was the first one seeking recognition. 
The Chair will alternate. There was no committee member seeking 
recognition on the gentleman's side that came to the attention of the 
Chair.
  Mr. MFUME. Mr. Chairman, if I might respectfully disagree with the 
Chair, the Chair's call for the culmination of the gentleman's time was 
so fast and the time that he recognized the other gentleman, that there 
were persons on this side that did not even know that the Chair was 
seeking other Members.
  The CHAIRMAN. The Chair will alternate between sides.
  The gentleman from Indiana [Mr. Buyer] is recognized for 5 minutes.
  Mr. BUYER. Mr. Chairman, I would like to make several points. I will 
not take the full 5 minutes.
  That is, I think the 1965 Voting Rights Act rightfully mandates the 
three-judge panel to pass judgment on issues dealing with voting 
rights. When we have a State acting as one voice in a State referendum, 
there is a proper nexus between the State's voice and that of issues of 
voting rights under the Voting Rights Act. So with that proper nexus, I 
think it is a very good issue for this Congress to take.
  So what we are saying here, if in fact we are going to always mandate 
in a voting rights case so that it be decided by three Federal judges 
and now the nexus, it is not also proper for us to have a three-judge 
panel decide the issues of a State referendum on the issues of 
constitutionality?

                              {time}  1545

  I would submit that, yes, it is, because we do not want to take such 
a paramount issue and allow it to be decided by one.
  Now one can debate on either side whether it is arbitrary or 
capricious. I think it is extremely important to move to the three-
judge panel, especially when we are talking about the people's voice. 
It is the people's voice under the law. The people's voice under the 
law is the protection of the minority, and I think that is what is so 
wonderful about our country and society as a republic, a nation of 
laws, not people, and I compliment the gentleman from California. It is 
a side issue to talk about, well, what is the underlying reason. I 
think that this is a good bill and should be applied across to all 
States.
  Mr. Chairman, that is why I rise in opposition to the gentleman's 
amendment and say, oh, we are just going to allow it to apply to 
California. No, we should apply this to any State out there, so let us 
vote down the gentleman's amendment, and let us side with ration and 
reason and not with the side of politics.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from North Carolina [Mr. Watt].
  The amendment was rejected.
  The CHAIRMAN. Are there further amendments?
  If there are no other amendments, the question is on the committee 
amendment in the nature of a substitute.
  The committee amendment in the nature of a substitute was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly the Committee rose; and the Speaker pro tempore (Mr. 
Hefley) having assumed the chair, Mr. Ewing, 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. 1170) to 
provide that cases, challenging the constitutionality of measures 
passed by State referendum be heard by a three-judge court, pursuant to 
House Resolution 227, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the committee amendment in the nature of a 
substitute.
  The committee amendment in the nature of a substitute was 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.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             recorded vote

  Mrs. SCHROEDER. Mr. Speaker, I demand a recorded vote.
  A record vote was ordered.
  The vote was taken by electronic device, and there were--ayes 266, 
noes 159, not voting 9, as follows:

                             [Roll No. 693]

                               AYES--266

     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Brewster
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clement
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Condit
     Cooley
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green
     Greenwood
     Gunderson
     Gutknecht
     Hall (TX)
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Lipinski
     Livingston
     LoBiondo
     Longley
     Lucas
     Luther
     Manzullo
     Martini
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     McNulty
     Metcalf
     Meyers
     Mica
     Miller (CA)
     Miller (FL)
     Minge
     Molinari
     Montgomery
     Moorhead
     Morella
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Orton
     Oxley
     Packard
     Parker
     Paxon
     Peterson (MN)
     Petri
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stenholm
     Stockman
     Stump
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Thornton
     Tiahrt
     Torricelli
     Traficant
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                               NOES--159

     Abercrombie
     Ackerman
     Baldacci
     Barrett (WI)
     Becerra
     Beilenson
     Berman
     Bevill
     Bishop
     Bonior
     Borski
     Boucher
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Cardin
     Clay
     Clayton
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Conyers
     Coyne
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Ford
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Gonzalez
     Gutierrez
     Hall (OH)
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Holden
     Hoyer
     Jackson-Lee
     Jacobs
     Jefferson
     Johnson (SD)
     Johnson, E. B.
     Johnston

[[Page H 9628]]

     Kanjorski
     Kaptur
     Kennedy (RI)
     Kennelly
     Kildee
     Kleczka
     Klink
     LaFalce
     Lantos
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Maloney
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy
     McDermott
     McHale
     McKinney
     Meehan
     Meek
     Menendez
     Mfume
     Mineta
     Mink
     Moakley
     Mollohan
     Moran
     Murtha
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Pickett
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Roemer
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Skaggs
     Slaughter
     Spratt
     Stark
     Stokes
     Studds
     Stupak
     Thompson
     Thurman
     Torres
     Towns
     Velazquez
     Vento
     Visclosky
     Ward
     Waters
     Watt (NC)
     Waxman
     Williams
     Wise
     Woolsey
     Wyden
     Wynn
     Yates

                             NOT VOTING--9

     Bentsen
     Kelly
     Kennedy (MA)
     Lincoln
     Reynolds
     Tejeda
     Torkildsen
     Tucker
     Volkmer

                              {time}  1606

  Mr. GUTIERREZ changed his vote from ``aye'' to ``no.''
  Mr. BARCIA changed his vote from ``no'' to ``aye.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  The title of the bill was amended so as to read: ``A bill to provide 
that an application for an injunction restraining the enforcement, 
operation, or execution of a State law adopted by referendum may not be 
granted on the ground of the unconstitutionality of such law unless the 
application is heard and determined by a 3-judge court.''
  A motion to reconsider was laid on the table.

                          ____________________