[Congressional Record Volume 143, Number 125 (Thursday, September 18, 1997)]
[House]
[Pages H7573-H7578]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    PRIVILEGES OF THE HOUSE--RESTRICTING FLOOR PRIVILEGES OF FORMER 
REPRESENTATIVE ROBERT DORNAN PENDING RESOLUTION OF ELECTION CONTEST IN 
                      46TH DISTRICT OF CALIFORNIA

  Mr. MENENDEZ. Pursuant to clause 2 of rule IX and by agreement with 
the majority leader, Mr. Armey, I hereby give notice of my intention to 
offer a privileged resolution.
  The form of the resolution is as follows:

                          House Resolution 233

       Whereas the privilege of admission to the Hall of the House 
     or rooms leading thereto is subject to the requirements of 
     proper decorum;
       Whereas concern has arisen that the privilege of admission 
     to the Hall of the House or rooms leading thereto has become 
     the subject of abuse;
       Whereas Representative Menendez of New Jersey has given 
     notice pursuant to clause 2 of rule IX of his intention to 
     offer a question of the privileges of the House addressing 
     that concern;
       Whereas these circumstances warrant an immediate 
     affirmation by the House of its unequivocal commitment to the 
     principle that every person who exercises the privilege of 
     admission to the Hall of the House or rooms leading thereto 
     assumes a concomitant responsibility to comport himself in a 
     manner that properly dignifies the proceedings of the House; 
     Therefore be it
       Resolved, That the Sergeant-at-Arms is instructed to remove 
     former Representative Robert Dornan from the Hall of the 
     House and rooms leading thereto and to prevent him from 
     returning to the Hall of the House and rooms leading thereto 
     until the election contest concerning the forty-sixth 
     district of California is resolved.

  The SPEAKER. Pursuant to rule IX, the Chair determines that this is 
the appropriate time to call up the resolution.
  Mr. MENENDEZ. Mr. Speaker, I offer a resolution raising a question of 
the privileges of the House.
  The SPEAKER. The Clerk will report the resolution.
  The Clerk read the resolution.
  The SPEAKER. In the opinion of the Chair, the resolution constitutes 
a question of the privileges of the House.


               Preferential Motion Offered by Mr. Stearns

  Mr. STEARNS. Mr. Speaker, I have a preferential motion at the desk.
  The SPEAKER. The Clerk will report the preferential motion.
  The Clerk read as follows:

       Mr. Stearns moves to lay the resolution offered by Mr. 
     Menendez on the table.

  The SPEAKER. The question is on the motion to table offered by the 
gentleman from Florida [Mr. Stearns].
  The question was taken; and the Speaker announced that the noes 
appeared to have it.


                             Recorded Vote

  Mr. STEARNS. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 86, 
noes 291, answered ``present'' 3, not voting 53, as follows:

                             [Roll No. 414]

                                AYES--86

     Aderholt
     Barr
     Bartlett
     Barton
     Bliley
     Bono
     Burton
     Buyer
     Calvert
     Campbell
     Chabot
     Chenoweth
     Cox
     Crane
     Crapo
     Cubin
     Cunningham
     Doolittle
     Dreier
     Duncan
     Dunn
     Everett
     Ewing
     Fawell
     Foley
     Gekas
     Hefley
     Herger
     Hostettler
     Hunter
     Hyde
     Johnson, Sam
     Kim
     Kingston
     Largent
     Lewis (CA)
     Lewis (KY)
     Linder
     Livingston
     Lucas
     McCollum
     McIntosh
     McKeon
     Metcalf
     Mica
     Nethercutt
     Norwood
     Packard
     Paul
     Paxon
     Pease
     Pickering
     Pombo
     Radanovich
     Redmond
     Riley
     Rogan
     Rogers
     Rohrabacher
     Royce
     Ryun
     Salmon
     Saxton
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Sessions
     Shadegg
     Shuster
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith, Linda
     Snowbarger
     Solomon
     Spence
     Stearns
     Stump
     Tauzin
     Thomas
     Thornberry
     Tiahrt
     Weldon (FL)
     Whitfield
     Wicker
     Wolf

                               NOES--291

     Abercrombie
     Ackerman
     Allen
     Andrews
     Armey
     Bachus
     Baesler
     Baldacci
     Barcia
     Barrett (NE)
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berman
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Camp
     Canady
     Capps
     Cardin
     Carson
     Castle
     Christensen
     Clayton
     Clement
     Clyburn
     Combest
     Condit
     Conyers
     Cook
     Costello
     Coyne
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle

[[Page H7574]]


     Edwards
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Fazio
     Filner
     Flake
     Forbes
     Ford
     Fox
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gejdenson
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Gordon
     Graham
     Granger
     Green
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hansen
     Harman
     Hastert
     Hastings (WA)
     Hayworth
     Hefner
     Hill
     Hilleary
     Hilliard
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Horn
     Houghton
     Hoyer
     Hulshof
     Hutchinson
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, E. B.
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Latham
     Lazio
     Leach
     Lewis (GA)
     LoBiondo
     Lofgren
     Lowey
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDade
     McDermott
     McGovern
     McHale
     McHugh
     McIntyre
     McKinney
     McNulty
     Menendez
     Millender-McDonald
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Mollohan
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Nadler
     Neal
     Northup
     Nussle
     Obey
     Olver
     Ortiz
     Owens
     Oxley
     Pallone
     Pappas
     Parker
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickett
     Pitts
     Pomeroy
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Riggs
     Rivers
     Rodriguez
     Roemer
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sandlin
     Sanford
     Sawyer
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Shaw
     Shays
     Sherman
     Shimkus
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (TX)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Stenholm
     Stokes
     Strickland
     Stupak
     Sununu
     Talent
     Tauscher
     Taylor (MS)
     Thune
     Thurman
     Tierney
     Torres
     Towns
     Traficant
     Turner
     Upton
     Velazquez
     Vento
     Visclosky
     Walsh
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weller
     Wexler
     Weygand
     Wise
     Wynn
     Yates
     Young (FL)

                        ANSWERED ``PRESENT''--3

     Ehlers
     Ney
     Sanchez

                             NOT VOTING--53

     Archer
     Baker
     Ballenger
     Berry
     Bilbray
     Bonilla
     Bryant
     Bunning
     Burr
     Callahan
     Cannon
     Chambliss
     Clay
     Coble
     Coburn
     Collins
     Cooksey
     Cramer
     Deal
     Foglietta
     Fowler
     Furse
     Gallegly
     Ganske
     Gephardt
     Gonzalez
     Goss
     Hastings (FL)
     Hinchey
     LaTourette
     Levin
     Lipinski
     Luther
     Manton
     McCrery
     McInnis
     Meehan
     Meek
     Moakley
     Myrick
     Neumann
     Oberstar
     Porter
     Schiff
     Smith, Adam
     Tanner
     Taylor (NC)
     Thompson
     Wamp
     Weldon (PA)
     White
     Woolsey
     Young (AK)

                              {time}  1756

  Mr. CAMP, Ms. RIVERS, and Mr. FOX of Pennsylvania changed their vote 
from ``aye'' to ``no.''
  Messrs. LINDER, CUNNINGHAM, and PAXON changed their vote from ``no'' 
to ``aye.''
  So the motion to table was rejected.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER. The gentleman from New Jersey [Mr. Menendez] is 
recognized for 30 minutes.
  Mr. MENENDEZ. Mr. Speaker, I ask unanimous consent that debate on 
this resolution be limited to 20 minutes equally divided and controlled 
by myself and the gentleman from New York [Mr. Solomon] for the 
purposes of debate only.
  The SPEAKER. Is there objection to the request of the gentleman from 
New Jersey?
  There was no objection.
  Mr. MENENDEZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me first thank all of my colleagues on both sides of 
the aisle who did not permit the motion to table to take place, to 
pass, so that we could have this opportunity. Failure to do so would 
have not allowed a Member to be able to pursue the only vehicle that a 
Member of this body has to enforce the decorum of the House. I want to 
ask for Members' further support of this resolution so that we make 
clear for ourselves and to the American people watching us that 
profanities, insults, and name-calling are not under any circumstance 
or for any reason accepted in this House or inside this Chamber ever.

                              {time}  1800

  Working with the Republican leadership, I changed the resolution I 
originally introduced in order to depersonalize the language, because 
when the rules of the House are broken, it is not just personal, it 
affects the whole institution.
  Yesterday, nothing less than the integrity of the House was 
undermined by former Congressman Dornan. In the course of representing 
my constituents, exercising my rights as an elected representative of 
the people and a Member of this House to debate on the House floor, and 
asking a valid parliamentary inquiry that did not name any individual 
by name, Mr. Dornan verbally assaulted me. He used profane language, 
accused me of religious bigotry, called my integrity into question, 
and, by the tone of his voice and the context of his remarks, clearly 
attempted to lure me off the floor into a physical altercation.
  By doing so, Mr. Dornan abused his privileges as a former Member of 
the House of Representatives and conducted himself on the floor in a 
manner which brings discredit to the House.
  Now, earlier today some of my colleagues called the event alleged, 
implying the facts of the case are in doubt. But I would remind my 
colleagues that there were several witnesses, and many of you have come 
over on the Republican side of the aisle to tell me that you not only 
saw, but heard what I have said. And those included on my side of the 
aisle the gentlewoman from Connecticut [Ms. DeLauro] and the gentleman 
from Colorado [Mr. Skaggs], among others.
  Even beyond that, the Los Angeles Times reported today that Mr. 
Dornan admitted to using a profane term, called me an anti-Catholic and 
a coward, and that conduct alone, to which Mr. Dornan has publicly 
admitted, publicly admitted, is enough to constitute a gross violation 
of the House rules. So the event in question, my colleagues, is not 
alleged, it is publicly admitted to by Mr. Dornan himself.
  Now, if this were not bad enough, Mr. Dornan further admitted to 
asking me to step outside the Chamber with him. On that last count we 
have a difference of opinion. He believes he just wanted to have a 
civil conversation. But if all he wanted was a civil conversation, why 
would he have used the insults and profanity preceding that request? In 
that context, with the tone of voice he used, no reasonable person 
could interpret Mr. Dornan's remarks as anything other than a lure into 
a physical fight.
  Another Member took to the floor earlier today and said we should 
just realize that ``Dornan is Dornan.'' But that implies that each 
Member or former Member can set his or her own standard of conduct, 
depending on their personality or how big a temper they might have. In 
this House, I believe there is one standard of conduct that applies to 
all of us.
  Others praise Mr. Dornan's record of fighting communism, and I do not 
dispute that. But I, too, have dedicated much of my public life to 
fighting communism. Members of my family were persecuted by Communists. 
They came to this country fleeing persecution, because they knew 
America was the birthplace of modern democracy. I grew up in awe of 
this Congress and had no prouder day, save the birth of my children, 
than when I took my oath of office in this Chamber for the very first 
time.
  I have spent much of my public life fighting oppression and 
intimidation, at home and abroad, using our great institutions as 
shining examples of freedom and integrity and democracy in action, and 
I believe my colleagues who have worked with me on both sides of the 
aisle on these issues know the depth of my sincerity and commitment. 
That is why it is hard to think of a sadder moment in my public life 
than when I was accosted on the House floor in the very exercise of 
democratic debate on behalf of the people I represent, not sad because 
of what Bob Dornan said to me but because of what Bob Dornan did to 
this institution we all care about so deeply and to what it stands for.

[[Page H7575]]

  An assault against a Member of this body in the practice of his or 
her democratic duties is an assault against the whole House, the whole 
institution, not just one Member; and if we allow it to stand, we have 
lessened the standards of the whole institution. Not just the honor of 
a single representative is lessened.
  In fact, the standards we set here send a message that travels far 
beyond the halls of this House. How can we talk about family values if 
we allow this sort of behavior to stand on the House floor? What kind 
of example does that set for our children, that profanities and threats 
are the way to solve differences of opinion? I must believe that we are 
all above that.
  For the sake of this House, to preserve our standards and our rules 
of conduct, to set a worthy example for all of our children, I ask all 
of my colleagues to stand with me today in support of this resolution; 
to say that we will never tolerate insults, profanity, name-calling or 
threats in this Chamber, from anyone of either party, former Member or 
current Member.
  Should there be a vote to once again table this resolution, it would 
in essence take away a Member's right to have the rules of the House 
enforced. When I made parliamentary inquiries and ultimately conferred, 
this is the only way I am told I get to enforce, or Members get to 
enforce someday if they are unfortunate to have a circumstance, the 
decorum of the House.
  If we table it, no Member can ever get to that point. Our rules only 
have meaning if we stand behind them and are willing to enforce them.
  Our standard of behavior is only as good as our willingness to uphold 
it. This is a vote to decide where we stand on the integrity of this 
House. A vote for a motion to table or against the ultimate resolution 
is a vote to turn our backs on the rules of decorum in the conduct of 
this institution.
  A vote against a motion to table and for the resolution affirms that 
only the highest standards of conduct and decorum and respect for 
democracy are allowed in this Chamber. That is what this House should 
stand for; that is what I expect my colleagues to join with me in 
voting for.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SOLOMON. Mr. Speaker, I would rise to claim the time, and yield 
myself such time as I may consume, wearing two hats, and they are 
difficult hats at best.
  I rise in one capacity having been on the floor and having witnessed 
the questionable behavior of my good friend, and he is a good friend, 
Mr. Dornan, and another good friend the gentleman from New Jersey [Mr. 
Menendez], who I have worked with on many issues, and because of 
witnessing that behavior I support the resolution, all except the last 
two words of the resolution.
  First of all, I think that Mr. Dornan should be removed from the 
Chamber because his action, his behavior, was not that of a Member of 
this Congress or a former Member who respects all Members of this body, 
and if we are going to serve in this body, we must always remember to 
do that.
  However, there is another issue, and I rise as chairman of the 
Committee on Rules to point it out to Members. This is the concern that 
I have, because in the last two words of the resolution we are changing 
the rules of the House.
  We are not changing the rules of the House for one Member or one 
former Member, but we are changing the rules of the House for an 
individual, who may or may not have been a Member or former Member, but 
a contestant in an election.

  Let me just read to you the resolve clause. It says, ``Resolved that 
the Sergeant at Arms is instructed to remove former Representative Bob 
Dornan from the Hall of the House and rooms leading thereto,'' et 
cetera, et cetera, ``until the election contest concerning the 46th 
District of California is resolved.''
  Now, we all know when there is a contested election, under rule XXXII 
of the House, and this has been the rule for as long as I have been 
here, for 20 years, and for many years before that, the rule states, 
``The persons hereinafter named and none other shall be admitted to the 
Hall of the House,'' and it lists various officers of this body. Then 
it goes on to say, ``and contestants in election cases during the 
pendency of their cases in the House.''
  Mr. Speaker, in a court of law, and I am not a lawyer, but one has a 
right to representation, one has a right to be heard; and this 
resolution, my concern about it is that we are not just removing Mr. 
Dornan from the floor of this Congress as a former Member, but we go 
that one big step further and we remove him even on the day that this 
matter might come before this body and be contested, and that person, 
whoever that person might be, he may never have been a Member of 
Congress or a former Member, but that person has the right to be here 
on the floor to argue for his case.
  I do not know what can be done about the resolution at this late 
date. I want to support the resolution. I support all of the 
``Whereas's,'' I support the ``Resolved.''
  As a matter of fact, if I could just take one last minute to read a 
portion of the letter from Mr. Dornan to the Speaker, Speaker Gingrich, 
it says, ``To avoid any further opportunity for Members to demagogue my 
legitimate contest, I will not use my floor privileges until the House 
Oversight Committee has ruled on my challenge and the case moves to the 
full House for consideration.''
  In other words, he already, as Members all saw when I escorted him 
off the floor after that incident took place, agreed not to come back 
on this floor until that time.
  So, Mr. Speaker, I do not know what can be done about it. I guess I 
will have to vote against the resolution, because it contains the 
clause ``is resolved,'' which means he could not be here as an 
individual American citizen to argue his case on the floor, should that 
ever come to pass.
  I guess I would just ask the gentleman from New Jersey [Mr. Menendez] 
if he would consider amending those last two words to instead of saying 
``is resolved,'' if he could just say ``is taken up on the floor of the 
House of Representatives.''
  That means Mr. Dornan could not have the opportunity or the right to 
come on this floor if and until the matter ever came to the floor to be 
argued on that particular day.
  Mr. MENENDEZ. Mr. Speaker, will the gentleman yield?
  Mr. SOLOMON. I yield to the gentleman from New Jersey.
  Mr. MENENDEZ. First of all, I appreciate the gentleman's comments as 
they relate to the overall question of the decorum of the House. I 
appreciate on that day his assistance, so to speak, to make sure that 
we did not have a worse set of events.
  I read that ``resolved'' clause in a different way. It does not say 
anybody else. It specifically refers to Mr. Dornan. Clearly if the 
Committee on House Oversight determines that there is to be an election 
contest, in my view that is a resolution, in which case his rights 
under the statute or under the rules would be preserved.
  It is not my intention to prohibit him from an election contest, 
should the Committee on House Oversight determine in fact that there is 
an election contest to take place, which it has not determined. It was 
my intention, and that is why I believe when I say ``is resolved,'' it 
would be resolved once the committee determines either there is no 
contest or there is a contest, and then when there is a contest he 
would, in fact, have the right to be able to pursue his rights as a 
contestant, not as a former Member. That is the intention and the 
manner in which we have worded it.


                         Parliamentary Inquiry

  Mr. SOLOMON. Mr. Speaker, if I might not use any more of my time, 
because I have other Members that want to be heard, but propound a 
question to the Chair: Is it the Chair's understanding that should a 
resolution be brought to this floor, where there would be a contested 
election on the floor of this body, that this individual, this American 
citizen, then would be allowed to be on the floor to argue his case?
  The SPEAKER. The Chair may have the option at that time of relying on 
the legislative history of the debate as it is occurring. The gentleman 
who offered the privileged resolution has explained in the Record his 
interpretation of that resolution, that it would not block a contestant 
in that contest from being on the floor during pendency of a resolution 
on that day in an appropriate manner. Therefore, the

[[Page H7576]]

Chair will certainly take it under advisement at that time and believes 
it is helpful.
  Mr. SOLOMON. I thank the Speaker.
  Mr. HOYER. Mr. Speaker, will the gentleman yield?
  Mr. SOLOMON. I yield to the gentleman from Maryland.
  Mr. HOYER. Mr. Speaker, I was going to say something, but I think the 
Speaker has clarified the interpretation the Chair will make. I will 
say in terms of a record, though I have not had the opportunity of 
conferring with the gentleman from Connecticut [Mr. Gejdenson] and I 
have conferred with the gentleman from New Jersey [Mr. Menendez], it 
was clearly not the intent of the resolution, as I understand from Mr. 
Menendez, to obviate any contestant's right to appear on the floor at 
the time the contest is considered. We agree with the chairman of the 
Committee on Rules in that regard.
  Mr. SOLOMON. Mr. Speaker, reclaiming my time, I certainly appreciate 
the cooperation, because I just do not believe we ought to be changing 
the rules of the House for anyone, any contestant, that would have the 
opportunity to come to this floor.

                              {time}  1815

  Mr. ARMEY. Mr. Speaker, will the gentleman yield?
  Mr. SOLOMON. I yield to the gentleman from Texas.
  Mr. ARMEY. Mr. Speaker, I wonder if the gentleman from New Jersey 
[Mr. Menendez] might consider a slight modification, and that is if, by 
unanimous consent, we could strike the words ``is resolved,'' and 
replace those words ``is resolved'' with the words, ``except during the 
pendency of the contest.''
  Mr. HOYER. Mr. Speaker, will the gentleman yield?
  Mr. SOLOMON. I yield to the gentleman from Maryland.
  Mr. HOYER. Mr. Speaker, I presume what the gentleman is talking about 
is pendency of the contest itself actually on the floor, because 
obviously the contest is pending now.
  I would suggest, as I understand the Speaker's ruling, the Speaker 
would specifically interpret what the gentleman from Texas [Mr. Armey] 
has suggested, and therefore, the gentleman would suggest that in light 
of the record as referred to by the Speaker that has been made here on 
the floor, that the resolution itself need not be changed, when we 
clearly have agreement that during the contest itself, under the 
Federal Contest Election Act, and under the Rules of the House, as 
pointed out by the chairman of the Committee on Rules, Mr. Dornan could 
in fact have the privilege of his presence.
  Mr. MENENDEZ. Mr. Speaker, if the gentleman would yield in response 
to his question.
  Mr. SOLOMON. Mr. Speaker, I would like to yield to the gentleman from 
Massachusetts [Mr. Frank] just briefly.
  Mr. FRANK of Massachusetts. Mr. Speaker, I think there is a point 
that pendency may be broader than was intended, but I think there was 
agreement that what we are talking about, and let me say I was thinking 
of those words, ``during the consideration of the committee's report,'' 
that during consideration of the committee's report on the floor of the 
House, if that could be redone by unanimous consent, that that would 
solve it; that there would be a bar except during consideration of the 
committee report on the floor, while the report is itself the pending 
matter of business on the floor of the House, and I would think that 
would be sufficient.
  Mr. SOLOMON. Mr. Speaker, I would inquire of the gentleman from New 
Jersey [Mr. Menendez] if he would support that.
  Mr. MENENDEZ. Mr. Speaker, if the gentleman would yield, I think that 
as the Speaker stated, the legislative history here is clear. It is my 
clear intention not to have that take place, but I do not want to start 
amending and worrying about the extent to which we broaden the scope 
beyond what is intended under the statute, which as the gentleman from 
Massachusetts [Mr. Frank] just discussed, I am in complete agreement 
with what he just discussed, as long as it is during the actual contest 
on the floor.
  Mr. SOLOMON. Would the gentleman then accept that amendment?
  Mr. MENENDEZ. At this time I do not know the exact wording.
  Mr. ARMEY. Mr. Speaker, if the gentleman would yield.
  The SPEAKER. The time of the gentleman from New York [Mr. Solomon] 
has expired.
  The gentleman from New Jersey [Mr. Menendez] has 2\1/2\ minutes.
  Mr. SOLOMON. Mr. Speaker, since we have been involved in a colloquy, 
and all of our time was used during that colloquy, I would ask that I 
be allowed an additional 3 minutes to work out this agreement, and 30 
seconds additional to the gentleman from New Jersey [Mr. Menendez].
  The SPEAKER. The chairman of the Committee on Rules may of course ask 
unanimous consent for each side to have 3 additional minutes, and then 
the House will decide whether his unanimous consent request is honored.
  Mr. SOLOMON. Mr. Speaker, I would propound such a unanimous consent 
request.
  The SPEAKER. Is there objection to the request of the gentleman from 
New York?
  Mr. BONIOR. I object, Mr. Speaker.
  The SPEAKER. The Chair is slightly confused, so the Chair will repeat 
the question.
  Is there objection to the request of the gentleman from New York?
  There was no objection.
  The SPEAKER. Each side has 3 additional minutes.
  The gentleman from New York [Mr. Solomon] has 3 minutes remaining, 
and the gentleman from New Jersey [Mr. Menendez] has 5\1/2\ minutes 
remaining.
  Mr. SOLOMON. Mr. Speaker, I yield 1 minute to the distinguished 
majority leader, the gentleman from Texas [Mr. Armey].
  Mr. ARMEY. Mr. Speaker, I think we are in agreement with respect to 
intent here, and I should just make the point that should the occasion 
present itself where there would be a consideration of this matter on 
the floor, I would, if it was deemed advisable, present to the body a 
resolution that would protect Mr. Dornan's rights under those 
circumstances to be present on the floor.
  Mr. HOYER. Mr. Speaker, if the gentleman would yield, I think that 
resolves the matter.
  Mr. SOLOMON. Mr. Speaker, I reserve the balance of my time.
  The SPEAKER. The gentleman from New Jersey [Mr. Menendez] is 
recognized.
  Mr. MENENDEZ. Mr. Speaker, I think we have laid out the case. The 
record is clear as it relates to this one concern. I ask my colleagues 
to join us in preserving the dignity of the House, I would be happy to 
yield back my time, if that is the reality of the other side.
  Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, there are many of us who want to support this 
resolution, myself included, but the unanimous consent propounded by 
the gentleman from Massachusetts [Mr. Frank] was exactly what we have 
agreed to, and it would make it so much better, I think, for the comity 
of the House.
  Mr. FRANK of Massachusetts. Mr. Speaker, would the gentleman from New 
Jersey [Mr. Menendez] yield?
  Mr. MENENDEZ. I yield to the gentleman from Massachusetts.
  Mr. FRANK of Massachusetts. Mr. Speaker, I understand that, but let 
me say I think we have reached an agreement in this sense: Everyone is 
here, just about everybody here now understands that there is agreement 
in the resolution on the contest, if it ever comes to that, because I 
hope it does not, ever comes to the floor. If one does, and the Speaker 
is asked to rule on the presence of Mr. Dornan, I would think the 
ruling would be that during the actual consideration on the floor there 
would be no obstacle, and we would all uphold that ruling, and that has 
clearly been established now.


                         Parliamentary Inquiry

  Mr. BARTON of Texas. Parliamentary inquiry, Mr. Speaker.
  The SPEAKER. Does the gentleman yield for a parliamentary inquiry?
  Mr. MENENDEZ. I do not yield for a parliamentary inquiry.
  The SPEAKER. The gentleman does not yield, and he controls the time 
at this point.
  Mr. MENENDEZ. I agree with the comments of the majority leader. I 
think the Speaker has made it very clear, and unless the gentleman 
seeks to still have speakers, I am ready to

[[Page H7577]]

yield back the balance of my time if the gentleman is ready to yield 
back the balance of his time.
  Mr. SOLOMON. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Texas [Mr. Barton].
  Mr. BARTON of Texas. Mr. Speaker, I thank the gentleman from New York 
for yielding.
  Let me make one real quick point. If we accept this and vote on it 
right now, and it never comes to the floor, Bob Dornan can never come 
to the floor again because it will never be resolved.
  Let me also point out, there have been between 20,000 and 30,000 
Members of this body in the history of the United States of America. In 
my very brief study of the Record, and admittedly it is brief, we have 
never barred any other former Member from the floor. This is a terrible 
precedent to set.
  It says nothing about the despicable behavior that Mr. Dornan 
exhibited toward our colleague, but there are other remedies. We could 
have a Sense of the Congress resolution where we all vote unanimously 
deploring that.
  I have watched the majority leader of the Democratic Party and 
Congressman Dan Lungren engage in fisticuffs right outside the Chamber. 
They were not barred. They were not barred.
  Mr. GEJDENSON. Mr. Speaker, will the gentleman yield?
  Mr. BARTON of Texas. I yield to the gentleman from Connecticut.
  Mr. GEJDENSON. Mr. Speaker, I would say two things. One, it says 
until the issue is resolved. Once it is resolved, it no longer has 
standing, as I understand it.
  Mr. BARTON of Texas. Mr. Speaker, reclaiming my time, if it is never 
resolved, we have barred one former Member in the history of the Nation 
from ever coming back on the floor of the House, and that is wrong.
  Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume.
  Let us settle everything down here for a minute. It has been 
established, it is my understanding that it has been established that 
we have an understanding that if and when this contested election is 
brought to this floor, that the affected contestant, in this case Mr. 
Dornan, would be allowed to come on this floor.
  The gentleman from Massachusetts [Mr. Frank] has verified that, that 
the understanding is clear on the other side of the aisle. If that is 
clear with the Speaker, then I would be prepared to yield back the 
balance of my time.
  The SPEAKER. The Chair will render final judgment should the occasion 
arise. However, the Chair would note that if debate is about to end, 
the Chair has seen all the debate, and that would strike the Chair in 
terms of this debate as a reasonable assumption.


                         Parliamentary Inquiry

  Mr. MENENDEZ. Mr. Speaker, parliamentary inquiry.
  The SPEAKER. The gentleman will state it.
  Mr. MENENDEZ. Mr. Speaker, does the resolution, as it is worded, bar 
Mr. Dornan in perpetuity?
  The SPEAKER. This resolution is only binding on this Congress, and 
therefore could not be in perpetuity.
  Mr. MENENDEZ. I thank the Speaker.
  I ask my colleagues to join us in preserving the dignity of the 
House, and I yield back the balance of my time.
  The SPEAKER. Without objection, the previous question is ordered on 
the resolution.
  There was no objection.
  The SPEAKER pro tempore. The question is on the adoption of the 
resolution.
  The question was taken; and the Speaker announced that the ayes 
appeared to have it.


                             Recorded Vote

  Mr. MENENDEZ. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 289, 
noes 65, answered ``present'' 7, not voting 72, as follows:

                             [Roll No. 415]

                               AYES--289

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Armey
     Bachus
     Baesler
     Baldacci
     Barcia
     Barrett (NE)
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Bishop
     Blagojevich
     Blunt
     Boehlert
     Boehner
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Canady
     Capps
     Cardin
     Carson
     Castle
     Christensen
     Clayton
     Clyburn
     Combest
     Condit
     Conyers
     Cook
     Costello
     Coyne
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Dunn
     Edwards
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Etheridge
     Evans
     Ewing
     Farr
     Fattah
     Fazio
     Filner
     Flake
     Forbes
     Ford
     Fox
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gejdenson
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Gordon
     Graham
     Granger
     Green
     Greenwood
     Gutierrez
     Hall (OH)
     Hamilton
     Hansen
     Harman
     Hastert
     Hastings (WA)
     Hayworth
     Hefner
     Hill
     Hilleary
     Hilliard
     Hinojosa
     Hobson
     Holden
     Hooley
     Horn
     Houghton
     Hoyer
     Hulshof
     Hutchinson
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, E. B.
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Lazio
     Leach
     Lewis (GA)
     Livingston
     LoBiondo
     Lofgren
     Lowey
     Lucas
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDade
     McDermott
     McGovern
     McHale
     McHugh
     McIntyre
     McKinney
     McNulty
     Menendez
     Metcalf
     Millender-McDonald
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Mollohan
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Neal
     Nethercutt
     Northup
     Nussle
     Olver
     Ortiz
     Owens
     Oxley
     Pallone
     Pappas
     Parker
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Pomeroy
     Portman
     Poshard
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sandlin
     Sanford
     Sawyer
     Schumer
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Shimkus
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (OR)
     Smith (TX)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Stokes
     Strickland
     Stupak
     Sununu
     Talent
     Tauscher
     Tauzin
     Taylor (MS)
     Thornberry
     Thune
     Thurman
     Tierney
     Torres
     Towns
     Turner
     Upton
     Velazquez
     Vento
     Visclosky
     Walsh
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weller
     Wexler
     Weygand
     Wise
     Woolsey
     Yates
     Young (FL)

                                NOES--65

     Ballenger
     Barr
     Bartlett
     Barton
     Bilirakis
     Bliley
     Bono
     Brady
     Burton
     Buyer
     Camp
     Campbell
     Chabot
     Chenoweth
     Cox
     Crane
     Crapo
     Cubin
     Cunningham
     Doolittle
     Dreier
     Duncan
     Everett
     Gekas
     Hall (TX)
     Hefley
     Herger
     Hostettler
     Hunter
     Hyde
     Johnson, Sam
     Kim
     Kingston
     Lewis (CA)
     Lewis (KY)
     McCollum
     McIntosh
     McKeon
     Norwood
     Packard
     Paul
     Paxon
     Pickering
     Pombo
     Radanovich
     Redmond
     Riggs
     Rogan
     Rohrabacher
     Royce
     Ryun
     Saxton
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Shadegg
     Smith (NJ)
     Snowbarger
     Spence
     Stearns
     Stump
     Tiahrt
     Whitfield
     Wicker
     Wolf

                        ANSWERED ``PRESENT''--7

     Ehlers
     Mica
     Ney
     Sanchez
     Solomon
     Thomas
     Traficant

                             NOT VOTING--72

     Archer
     Baker
     Berman
     Berry
     Bilbray
     Blumenauer
     Bonilla
     Bryant
     Bunning
     Burr
     Callahan
     Calvert
     Cannon
     Chambliss
     Clay
     Clement
     Coble
     Coburn
     Collins
     Cooksey
     Cramer
     Deal
     Fawell
     Foglietta
     Foley
     Fowler
     Furse
     Gallegly
     Ganske
     Gephardt
     Gonzalez
     Goss
     Gutknecht
     Hastings (FL)
     Hinchey
     Hoekstra
     Klug
     Largent
     Latham
     LaTourette
     Levin
     Linder
     Lipinski
     Manton
     McCrery
     McInnis
     Meehan
     Meek
     Moakley
     Neumann
     Oberstar
     Obey
     Pickett
     Porter
     Pryce (OH)
     Salmon
     Schiff
     Sensenbrenner
     Sessions
     Shuster
     Smith (MI)
     Smith, Adam
     Smith, Linda
     Stenholm
     Tanner
     Taylor (NC)
     Thompson
     Wamp
     Weldon (PA)
     White
     Wynn
     Young (AK)

                              {time}  1842

  Mr. CUNNINGHAM changed his vote from ``aye'' to ``no.''

[[Page H7578]]

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

                          ____________________