[Congressional Record (Bound Edition), Volume 145 (1999), Part 17]
[House]
[Pages 24198-24200]
[From the U.S. Government Publishing Office, www.gpo.gov]



    PROVIDING FOR CONSIDERATION OF H.R. 2990, QUALITY CARE FOR THE 
UNINSURED ACT OF 1999, AND H.R. 2723, BIPARTISAN CONSENSUS MANAGED CARE 
                        IMPROVEMENT ACT OF 1999

  The SPEAKER pro tempore (Mr. Bonilla). Without objection, the 
previous question is ordered on the resolution.
  There was no objection.
  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.
  Mr. FROST. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.

                              {time}  1252


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Bonilla) (during the voting). The Chair 
has been advised that there is difficulty with some of the votes being 
displayed to the Members' left, on the far left panel. There have been 
Members reporting that after they have cast their vote, that on the far 
left panel their votes are not being accurately reflected, but their 
votes are being properly recorded.
  But Members should be cautious about what they see on the panel and

[[Page 24199]]

should reconfirm with their cards their actual votes.


                         Parliamentary Inquiry

  Mr. DINGELL. Parliamentary inquiry, Mr. Speaker.
  The SPEAKER pro tempore. The gentleman from Michigan is recognized 
for a parliamentary inquiry relating to the vote.
  Mr. DINGELL. Mr. Speaker, I note that the display over on the right 
and the left of the Chamber give the number of the Members who have 
voted. I note that there is no display of the names of the Members who 
have voted in back of the Chair, the presiding officer.
  What does this mean with regard to the regularity and the correctness 
of the vote?
  The SPEAKER pro tempore. The Chair would cite Speaker O'Neill's 
ruling on 19 September 1985. The Speaker has the discretion, in the 
event of a malfunction of the electronic voting system, to, one, 
continue to utilize the electronic system, even though the electronic 
display panels are inoperative, where the voting stations continue in 
proper operation and Members are able to verify their votes; or, number 
two, to utilize a backup voting procedure, such as calling the roll.
  In this case, the Clerk has indicated that the voting tallies are 
correct. There is no reason at this time for the Chair to have in doubt 
that the totals displayed on either side of the Chamber are incorrect.
  Mr. DINGELL. Further parliamentary inquiry.
  The SPEAKER pro tempore. The Chair will continue to allow Members, if 
there is a question about a Member's particular vote, the Chair will 
allow the vote to remain open a little while longer if there is a 
question any Member has about casting his or her vote.
  Mr. DINGELL. Further parliamentary inquiry, Mr. Speaker.
  Mr. Speaker, how is a Member to know how he is recorded on this 
particular vote?
  The SPEAKER pro tempore. Any Member can re-insert his or her voting 
card in any voting station, electronic station.
  The monitor indicates that every Republican has voted in favor of 
this resolution, and all but one Democrat is opposed. So that might 
also be another indication that the vote, unless there is dispute, is 
accurate.
  Mr. DINGELL. Further parliamentary inquiry. I have noted, Mr. 
Speaker, that a Member on the majority side had voted no on the rule on 
the display behind the chair of the Speaker. I am curious, what does 
that mean in terms of the reliability of the vote?
  The SPEAKER pro tempore. The Clerk is certifying that the vote is 
being accurately recorded.
  Mr. DINGELL. Further parliamentary inquiry. Could the Chair inform 
the Chamber what the Clerk has done to assure that the vote is reliable 
and correct? I have great respect for the Clerk, but we have a 
malfunction in the electronic system.
  My question is, who do we believe, the malfunctioning electronic 
system or the Clerk of the House?
  The SPEAKER pro tempore. The Clerk has responded to every Member and 
checked every Member's vote of any Member who has come forward to 
question the recording of their vote.
  At this time there is no pending question from any Member about the 
accuracy of their vote being recorded.
  Mr. DINGELL. If the Chair would permit, I believe a check by the 
Clerk will indicate that there are Members who are no longer listed on 
the computer anymore. I am advised that that constitutes a problem 
insofar as Members on this side of the aisle are concerned.
  I know the Chair is anxious to have a correct vote. I know the Chair 
also has the responsibility of assuring a correct vote.
  At this particular moment, I would note to the Chair, as part of my 
parliamentary inquiry, that when I look up there I find that there is a 
display there and there is no display there, and there is a variance 
between the display behind the Chair and the display which is at the 
end of the Chamber.
  The SPEAKER pro tempore. The Chair would reaffirm that it is in 
everyone's interest in this body to have an accurate vote established. 
That is the intent of every Member of this body.
  Mr. DINGELL. I would tell the Chair that the gentleman from Michigan 
(Mr. Barcia)----
  The SPEAKER pro tempore. The Chair will further state there have been 
cases in the past where the displays on the boards before the media 
gallery have been inoperative, but that the votes recorded by the Clerk 
have been accurate. There is precedent for relying on the running 
totals.
  Mr. DINGELL. Further parliamentary inquiry, Mr. Speaker. Is the 
gentleman from Michigan (Mr. Barcia) listed as present and voting? I am 
informed he is not. I am informed that he was present and that he did 
vote. I am comforted at the assurances of the Clerk. I am not 
comforted, however, at apparent discrepancies between his comments and 
what I see on the displays and what I am advised with regard to the 
presence and the recording of the name and the vote of one Member.
  The SPEAKER pro tempore. The Clerk is checking.
  The gentleman from Michigan (Mr. Barcia) is recorded as voting no.
  Mr. DINGELL. Mr. Speaker, I would note, on a hurried addition, that 
429 Members are listed as having been present and voting. I would note 
that there are 435. That means that six Members are not recorded as 
voting on a matter of this importance. I would assume that those 
Members would have been here.
  I am curious, where are those Members who are not recorded as being 
present and having voted?
  The SPEAKER pro tempore. The Record will show those Members not 
voting. The gentleman understands that occasionally there are Members 
who are either on leave, absent, or simply do not vote, for whatever 
reason they choose. It is not unusual.
  Mr. DINGELL. Mr. Speaker, it is the duty of the Chair to see that all 
Members are properly recorded. Could the Chair assure us that somebody 
other than the Clerk, whose record is not an official one in this 
matter, has inquired into the presence or absence of these Members?
  The SPEAKER pro tempore. The Chair is allowing all Members a 
sufficient amount of time to verify their votes at this time, if there 
is a question about their vote.
  Mr. DINGELL. I am looking at the numbers, Mr. Speaker. I note that 16 
Members are listed as not having been present and voting, or there are 
six Members listed as unrecorded. Do I have the assurance of the Chair 
that the vote is correct?
  The SPEAKER pro tempore. The Chair can only assure the accuracy in 
the vote count by electronic device. The Chair could not account for 
the whereabouts of Members who have not voted, unless they are on 
leave.
  Mr. DINGELL. Further parliamentary inquiry. Is it appropriate to 
request a recapitulation of the vote?
  The SPEAKER pro tempore. If the gentleman would kindly delay his 
question, the Clerk is researching to see whether the Clerk can certify 
the vote at this time.
  Mr. DINGELL. Would that be the Clerk that certifies it, or the Chair?
  The SPEAKER pro tempore. The Chair will report the Clerk's 
certification or lack thereof.
  Mr. DINGELL. I think this matter has been carried as far as it can 
be, but I would just note with distress, Mr. Speaker, that I believe 
the events of the last few minutes have raised questions as to the 
regular order of this vote.

                              {time}  1315

  Mr. Speaker, can the Clerk certify with 100 percent accuracy that the 
record of the votes in the displays above the doors are, in fact, 100 
percent?
  The SPEAKER pro tempore (Mr. Bonilla). The Chair is checking on the 
accuracy of the vote at this time.
  Mr. DINGELL. Mr. Speaker, is it the practice of the Chair, then, or 
would it be the practice of the Chair to inform us of whether the 
Clerk's certification

[[Page 24200]]

is 100 percent correct when that process has been completed?
  The SPEAKER pro tempore. The House will be informed of the accuracy 
of the vote, and the Chair just asks Members' indulgence.
  Mr. DINGELL. I thank the Speaker. I may have further parliamentary 
inquiries, Mr. Speaker.
  The SPEAKER pro tempore. The Chair has been informed that the 
accuracy of the vote cannot be established with 100 percent accuracy.
  On this occasion, the Chair will direct the Clerk to call the roll to 
record the yeas and nays, as provided in clause 2(b) of rule XX.


                         Parliamentary Inquiry

  Mr. ABERCROMBIE. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman from Hawaii will state his 
parliamentary inquiry.
  Mr. ABERCROMBIE. Mr. Speaker, may I take it from the Speaker's 
remarks that he cannot do anything without me?
  The SPEAKER pro tempore. The Clerk will call the roll alphabetically.
  Mr. ABERCROMBIE. I thank the Speaker.
  The SPEAKER pro tempore. The Chair will inform Members that this is 
the only valid vote on the resolution, H. Res. 323, on the rule, and 
this will be the only recorded vote. It is not a recapitulation.
  The question was taken; and there were--yeas 221, nays 209, not 
voting 4, as follows:

                             [Roll No. 483]

                               YEAS--221

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Biggert
     Bilbray
     Bilirakis
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Chenoweth-Hage
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Crane
     Cubin
     Cunningham
     Davis (VA)
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ewing
     Fletcher
     Foley
     Fossella
     Fowler
     Franks (NJ)
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Green (WI)
     Greenwood
     Gutknecht
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Isakson
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kasich
     Kelly
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     Kuykendall
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Pease
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Saxton
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--209

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Forbes
     Ford
     Frank (MA)
     Frost
     Gejdenson
     Gephardt
     Gonzalez
     Goode
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hastings (FL)
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kucinich
     LaFalce
     Lampson
     Lantos
     Larson
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Phelps
     Pickett
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Scott
     Serrano
     Sherman
     Shows
     Sisisky
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Spratt
     Stabenow
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Weygand
     Wise
     Woolsey
     Wu
     Wynn

                             NOT VOTING--4

     Delahunt
     McKinney
     Scarborough
     Watts (OK)

                              {time}  1404

  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.

                          ____________________