«tongrtssional Rtcord United States of America PROCEEDINGS AND DEBATES OF THE 99th CONGRESS, FIRST SESSION

HOUSE OF REPRESENTATIVES-Wednesday, Mag 1, 1985 The House met at 12 o'clock noon THE JOURNAL Gejdenson Martinez Sharp Gephardt Matsui Shelby and was called to order by the Speaker The SPEAKER pro tempore. The Gibbons Mavroules Slaisky pro tempore CMr. WRIGHT]. Chair has examined the Journal of Glickman Mazzoll Skelton Gonzalez McCurdy Slattery the last day's proceedings and an­ Gordon Mica Smlth DESIGNATION OF SPEAKER PRO nounces to the House his approval Gray(ll..) Mlkulsld Smith TEMPORE thereof. Gray Miller Solarz Pursuant to clause 1, rule I, the Guarln1 Mineta Spratt The SPEAKER pro tempore laid Hall Moakley St Germain before the House the following com­ Journal stands approved. Hamilton Mollohan Staegers munication from the Speaker: Mr. SAXTON. Mr. Speaker, pursu­ Hatcher Montgomery Stalllnp ant to clause 1, rule I, I demand a vote Hawkins Moody Stark WASHINGTON, DC, Hayes Morrison Stenholm April 30, 1985. on agreeing to the Chair's approval of Hefner Mrazek Stokes I hereby designate the Honorable JIM the Journal. Hertel Murphy Stratton WRIGHT to act as Speaker pro tempore on The SPEAKER pro tempore. The Howard Murtha Studds Hoyer Natcher Swift Wednesday, May l, 1985. question is on the Chair's approval of Hubbard Neal Synar THOMAS P. O'NEILL, Jr., the Journal. Hughes Nelson Tallon Speaker of the House of Representatives. The question was taken; and the Hutto Nichols Tauzin Speaker pro tempore announced that Jenkins Nowak Thomaa Johnson Oakar Torres PRAYER the ayes appeared to have it. Jones Oberstar Torricelli Mr. SAXTON. Mr. Speaker, I object Kan.Jorsk1 Obey Towns Rabbi Sidney Harcsztark, executive to the vote on the ground that a Kaptur Olin Traflcant director, Yeshiva Rambam, Brooklyn, quorum is not present and make the Kastenmeler Ortiz Traxler NY, offered the following prayer: Kemp OWens Udall point of order that a quorum is not Kennelly Panetta Valentine 0 Heavenly Father, Thou who hast present. Kildee Pease Vento endowed men with the noble ambition The SPEAKER pro tempore. Evi­ Kleczka Pepper Vlacloaky and blessed ability to lead their fellow Kolter Perkins Volkmer dently a quorum is not present. Kostmayer Pickle Wal&ren men in the paths of righteousness of The Sergeant at Arms will notify L&Falce Price Watklna state, and hast inspired them to serve absent Members. La.ntos Rangel Waxman the people of these United States of Leath Ray Weiss The vote was taken by electronic Lehman Reid Wheat America with honor. device, and there were-yeas 227, nays Lehman Richardson Whitley Invest those legislators gathered 178, answered "present" 3, not voting Leland Robinson Whitten here in august assembly with dedicat­ 25, as follows: Levln Roe Wllaon ed souls so that they may illustrate Lipinski Rose Wirth the finest and the most worthy tradi­ CRoll No. 871 I.Joyd RostenkoWBkl Wlae YEAS-227 Long Rowland Wolpe tions of this great democracy to the Lowry Roybal Wrl&ht end that they will be praised for their Ackerman Breaux Dorgan Luken RUBBO Wyden Addabbo Brooks Dowdy Lundlne Sabo Yates actions and deeds by the American Akaka Broomfield Downey MacKay Savage Yatron people and mankind the world over. Alexander Brown Durbin Manton Scheuer Youna Bless these servants with powerful Anderson Bruce Dwyer Markey Schumer Andrews Bryant Dyson hands so that with the practical sagac­ Annunzlo Burton Early NAYS-178 ity which is their hallmark they may Anthony Bustamante Eckart Archer Cheney Dornan unite and solidify a globe jigsawed .Aspln Carper Edgar Armey Clinger Dreier with boundaries. Bless their quest to Atkins Carr Edwards Coats Duncan Chappell English Badham Barnard Bartlett Cobey Eckert grant real meaning to the dignity of Barnes Clay Erdrelch all Barton Coble Edwards men, as men are born in the image Bates Coelho Evans Bateman Coleman Emerson of God. Bellenson Coleman Faacell Bentley Combest Evana Grant them courage and wisdom so Bennett ColJJns Fazio Bereuter Conte Pawell Berman Conyers Feighan Bll1rakla Coughlin Pledler that through their guidance and lead­ Bevill Cooper Flippo Blaggi Billey Courter Fields ership they may bring healing for the Coyne Florio Boehlert Craig Flah multitude of lives emptied of meaning, Bogp Daniel Foglletta Foley Boulter Crane PrankJJn solace for the multitude of souls Boland Darden Brown Dannemeyer Fremel Boner Daachle P'ord Broyhill Daub Gallo scarred with the weary search for Fowler Bonlor de la Garza Callahan Davis Gekas peace and rest, comfort for the multi­ Bonker Delluma Frank Campbell DeLay Gilman Borski Derrick Frost Camey DeWine G1ngrlch tude of hearts stabbed with the frus­ Fuqua trations of our everyday existence. Bosco Dicks Chandler Dickinson Gradlson Boucher Dixon Garcia Chapple DloGuardl Green Amen. Boxer Donnelly Gaydos

O This symbol represents the time of day during the House proceedings, e.g., D 1407 is 2:07 p.m. e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.

9981 9982 CONGRESSIONAL RECORD-HOUSE May 1, 1985 Gregg McDade SchuU.e officer and executive director; 1985 Ortega-Gorbachev picture. It may not Grotberg McEwen Sensenbrenner Hammerschmidt McGrath Shaw also marks the 850th anniversary of be worth a thousand words-but it Hansen McKernan Shumway the great Jewish physician and philos­ might be worth two votes which could Hartnett McKinney Shuster opher Maimonides, after whom Yeshi­ produce passage. Let's vote again! Hendon McMillan Sikorski va Rambam is named. Henry Meyers SllJander Hiler Michel Skeen Rabbi Harcsztark is a descendant of Hillis Miller Slaughter one of the most prominent rabbinical IT'S A DAMN SHAME Holt Miller Smith families in prewar Poland. After his Hopkins Molinari Smith liberation from Dachau, he remained given permission to address the House Hunter Moore Smith, Denny in Germany for a time to assist with for 1 minute and to revise and extend Hyde Moorhead Smith, Robert the U.N. Relief and Rehabilitation Ad­ his remarks.> Ireland Morrison Snowe Jacobs Myers Snyder ministration Team in Zellshein before Mr. SOLOMON. I thank the Speak­ Jeffords Nielson Solomon coming to the United States. Today, in er. Kasich O'Brien Spence addition to his duties at Yeshiva Mr. Speaker, in all the wars ever Kindness Oxley Stangeland Rambam, Rabbi Harcsztark is a Kolbe Packard Strang fought by the American people, all the Kramer Parris Stump member of the Holocaust Commission battles, whether it be the Battle of Lagomarsino Paahayan Sundquist of the Agudath Israel of America, and Saratoga, the Battle of Belleau Wood, Latta Penny Sweeney is a frequent contributor on the sub­ the Battle of Iwo Jima, the Battle of Leach Petri Swindall ject to a variety of Jewish periodicals. Lent Porter Tauke Pork Chop Hill, the Battle of the Lewis Pursell Taylor In the 40 years since his liberation Mekong Delta, those battles were Lewis Quillen Thomaa from the Nazi extermination camp, fought by the American people and by Lightfoot Regula VanderJagt Rabbi Harcsztark has been able to · Livinpton Ridge Vucanovich many of you in this room here today Loeffier Rinaldo Walker help educate those not yet born about for the sole purpose of keeping Amer­ Lott Ritter Weber the horrors of the Holocaust. It is the ica free and protecting the Constitu­ Lowery Roemer · Whitehurst teachings of people like Rabbi Harcsz­ tion of the United States of America. Lujan Rogers Whittaker tark that will enable us to ensure no Lunsren Roth Wolf This is the first time that I have Mack Roukema Wortley repetition of this darkest moment in risen on this floor to talk about the In­ Madipn Rowland Wylie human history. In light of the events diana Eighth District, but hundreds of Martin Rudd Young of the past 10 days, it seems more im­ Martin Saxton Young thousands of Americans have died to McCain Schaefer Zachau portant than ever that we remain vigi­ keep America free and to protect that McCandless Schroeder lant in our task to make sure that no Constitution, and the most inalienable McCollum Schuette one is allowed to forget this tragic right under that Constitution is the ANSWERED "PRF.sENT"-3 event. Rabbi Harcsztark's courage, his right of the American people to exer­ Burton DymaUy Mitchell eloquence, and his determination are cise their right to vote. an inspiration to us all. NOT VOTING-25 That right to vote has been taken Applegate Hall, Ralph Rahall away from them because of the action AuCoin Hall, Sam Roberts ORTEGA VISITS MOSCOW-LET'S by this Congress in refusing to seat Bedell Heftel Rodino . VOTE AGAIN the duly elected Representative of the Byron Huckaby Schneider Eighth District of , Rick Mcfa­ Crockett Jonea Seiberllns Weaver permission to address the House for 1 tyre. It's a shame. Ford Levine Willlams Goodllna Marlenee minute and to revise and extend his Gunderson McHugh remarks.) DISABILITY REGULATIONS Mr. BIAGGI. Mr. Speaker, it is said d 1220 that a picture is worth a thousand The result of the vote was an­ bachev worth? Mr. PICKLE. Mr. Speaker, last year, nounced as above recorded. I believe it is worth the imposition of in an attempt to end the chaos grip­ the severe new economic sanctions ping our Social Security Disability against Nicaraguan announced by the Program, Congress enacted strong dis­ MF.SSAGE FROM THE President. ability reform legislation. Yesterday, PRESIDENT I believe it is worth .a reconsider­ the administration published the re­ A message in writing from the Presi­ ation of the unfortunate vote of last quired regulations for the new medical dent of the United States was commu­ week when the House denied all aid to improvement standard, and an­ nicated to the House by Mr. Saunders, the Contras fighting for freedom nounced their intention to resume the one of his secretaries. against Ortega's Sandanistas. review process in July. I believe it is worth more of my col­ While announcing this new begin­ leagues realizing how deceptive the ning, Acting Social Security Commis­ RABBI SIDNEY HARCSZTARK Nicaraguan Government is when it sioner Martha McSteen said that "we outrage, directed against black Ameri­ counted and other, identical appearing Mr. BARTON of Texas. Mr. Speak­ cans. ballots to be thrown out? er, yesterday in this body, we voted Mr. Speaker, if Ms. Hall does not Is it fair not to count absentee bal­ 229 to 200 not to vacate the Eighth resign on her own initiative, the Presi­ lots mailed in by voters who happen to Congressional seat in Indiana. We did dent must ask for her resignation im­ be serving in the military? this in spite of the fact that over 60 mediately, today. Is it fair, for a panel made up of two percent of the people in the Eighth Democrats and one Republican to vote Congressional District have decided on which ballots will be counted and that they would prefer a special elec­ McINTYRE SITUATION A which will be discarded? tion; in spite of the fact that every edi­ NATIONAL DISGRACE Is it fair, in all these circumstances, torial board that has editorialized on when the vote is still within the this subject has said there should be a ed? special election. Mr. SILJANDER. Mr. Speaker, the The only fair thing to do in this case Today we are going to have another Mcintyre situation in the Eighth Dis­ is to count all the ballots under the opportunity to prevent a travesty of trict of Indiana has been called many same rules, or else have another elec­ justice in this body. · things. It has been called unfair, diSas­ tion. That's what's fair, and that's all I hope that the 233 Democrats who trous, abridging the Constitution, we ask. did not vote to vacate the seat yester­ equivalent to Watergate in the legisla­ ture, manipulation, rape, theft, old day would consider the fact that a spe­ time big city graveyard voting politics 0 1230 cial election is the only fair thing to do before they vote today to seat at its best, but I would say that a com­ REMOVE MARIANNE MELE HALL Frank Mccloskey. mission set at 2 to 1 against the minor­ AS CHAIRPERSON OF COPY­ In 1836, in my great State of Texas, ity, that creates rules that guarantee RIGHT ROYALTY TRIBUNAL there was a small band of patriots at their victory, ignore State laws of Indi­ Army, and they lost that battle, but voters in an area, count some ballots Mr. EDWARDS of California. Mr. ultimately, Texas won the war, with when it suits them and ignore others Speaker, you can imagine my horror the battle cry being "Remember the when it helps them. at learning today that Marianne Mele Alamo." I would say this is more indicative of Hall, the newly confirmed chairperson Today, the Republicans in this body a national disgrace, more than any­ of the Copyright Royalty Tribunal, is might lose the battle to seat Rick thing else, Mr. Speaker. also the coauthor of a book literally Mcintyre, but ultimately, we will win reeking the stench of racism. the war. In 1986, the people of Amer­ ANOTHER "RED MENACE" In "Foundations of Sand," Ms. Hall ica will rally to the Republican banner writes along with her coauthors that under the battle cry, "Remember Rick tesque red menance which threatens but unequal education, of segregated Mr. WOLPE. Mr. Speaker, today I us and our children. Not some red job opportunities, of unfair housing. join with Mr. EDWARDS in calling for threat that exists in a foreign country, But, in the face of historical evidence, the immediate resignation of Mar­ but the red menance lurking here on Ms. Hall and her colleagues seem to ianne Mele Hall, the President's newly our shores. The Reagan administra­ prefer to wander lost in a jungle of ig­ confirmed chairperson of the Copy­ tion ignores the danger, refuses to norance. right Royalty Tribunal. obey the law and permits this red peril I might be content to let them By Ms. Hall's own ack.nowledgement, to flourish, a sinister threat to our remain there. But Ms. Hall currently she was the editor of a book that es­ body politic poisoning us slowly. Mr. serves as a $70,000 per year Presiden­ pouses views that are so ugly and so Speaker, I speak, of course, of red tial appointee in a job of great public racist that surely no American Presi­ dyes. responsibility in a powerful Federal dent would want to be associated with The safety of our food supply is agency. I firmly believe that someone such views, even for a moment. threatened by carcinogenic red dyes 9984 CONGRESSIONAL RECORD-HOUSE May 1, 1985 which are found in candy, ice cream, LEATH of Texas; Mrs. LLOYD of Ten­ isting in the minds of the majority on dessert powders, baked goods, vita­ nessee; Mr. MAZZOLI of ; Mr. several of the issues involved in the mins, and cosmetics. Although we gen­ MONTGOMERY of Mississippi; Mr. OLIN Eighth District of Indiana case. erally depend upon both the Food and of Virginia; Mr. PENNY of Minnesota; I would like to attempt to set the Drug Administration and the Depart­ Mr. RAY of Georgia; Mr. STALLINGS of record straight on at least one of those ment of Health and Human Services Idaho; Mr. STENHOLM of Texas; and issues. Many of the speakers have re­ to ensure the safety of our food sup­ Mr. WISE of West Virgfnia. f erred to the fact that 4,800 people plies, the Secretary of Health and were disenfranchised in the recount Human Services., Margaret Heckler, A RESOLUTION TO BAN THE USE process in Indiana, and have criticized has made that protection unreliable. OF DANGEROUS DYES IN the Republicans for not being willing What kind of public servant would FOOD AND COSMETICS to count those ballots. deny citizens the right. to be heard I do not think that there has been about this important public issue? · Her defense shows the twisted ethics SAM HALL of Texas; Mr. Hurro of Flor­ Mr. MONSON. Mr. Speaker, there is of one who has no sense of the larger ida; Mr. LAFALCE of New York; Mr. apparently a lot of confusion still ex- moral picture. She cannot borrow May 1, 1985 CONGRESSIONAL RECORD-HOUSE 9985 from the professional ethics she Strategy," which first proposed the "Star UNWISE USE OF PRESIDENTIAL learned in law school. She had no obli­ Wars" plan, formally known as the Strate­ AUTHORITY gation to ghostwrite this book. But the gic Defense Initiative, that has become a center-piece of the administration's arms · zine. The book, which is in the Library of Mrs. VUCANOVICH. Mr. Speaker, THE RIGHT TO VOTE Congress, lists on its cover the names "Law­ today I rise in solemn observance of yesterday in a telephone interview, "I edited The Democrat majority and its lead­ Mr. FISH. Mr. Speaker, today the that work-period Those are Dr. Hafstad's majority party will have a final chance ideas." ership infilcted grave wounds into the Asked whether she agreed with views ex­ side of democracy when they failed to to redeem this House. The American pressed in the book, Hall sai4, "Im not call for a special election in Indiana. press and the American people know qualified to address concerns of a scientific And today they may deliver the "coup what is fair and what is not fair in In­ nature like that.... I'd like to defer those de grace" when they seat Mr. McClos­ diana's Eighth District. types of questions to Dr. Hafstad. key. My colleagues, we are dealing with "For me to become defensive now will Let us hope that we are not wit­ the most fundamental right of Ameri­ turn this into a spat, and this whole experi­ can citizenship, the right to vote. To ence doesn't deserve that kind of dignity," nesses to a slow and painful death of she said. "If somebody calls you a whore, our representative form of govern­ even allow the perception that we are and you protest, what can you say? Can I ment. undoing the result of a general elec­ scream I'm not a whore?" If this patient, our own political tion does us great discredit. Asked why she listed herself as "coau­ process, is to recover from dreaded at­ I was involved 11 years ago in the thor" on the Senate questionnaire, Hall re­ tacks on its very soul, it will take each impeachment inquiry by this body. We plied "In the sense of a ghostwriter-no re­ and every Member in this Chamber to on the House Judiciary Committee searc'h, no writing, clearly editing. I didn't know how else to put it." Asked why she offer a conscience transfusion to bring were well aware that the result of im­ didn't leave her name off the work, she said, new life into this body. peachment is the undoing of a general "If I wash a floor real well, I'll take credit." And I hope we find a cure for such a election. We knew that such a step Hall said she was also an editor for the deadly abuse of power before our last must have a strong legal and moral 1981 work, "High Frontier: A New National drop of political blood is gone. foundation. We knew that our process, 9986 CONGRESSIONAL RECORD-HOUSE May 1, 1985 to be accepted by the American It is the Mclntyre-McCloskey dispute, First, in today's Clearwater Sun, a people, had to be thorough and fair. a classic illustration of your needed newspaper published in my district, an Mr. Speaker, the process we are concern. Mr. Speaker, clear the air. editorial declares that Rick Mcintyre asked to ratify today is neither thor­ Send the case back to Indiana. should be seated and that "this whole ough, complete, nor fair. Count all the episode smacks of blatant arrogance ballots or vacate the seat. Only this on the part of the Democratic House way can we assure the will of the THE AMERICAN PASSBOOK leadership." The editorial goes on to people of Indiana. SAVINGS ACT conclude that, "the abuse of power are coming down, when the truth is stone recently wrote me that he was Mr. DOWNEY of New York. Mr. that America is still suffering under disturbed that Mr. Mcintyre, as the Speaker, as a democracy, we encour­ an intolerable high interest rate State-certified winner, was not seated. age a wide range of views and ideas, policy. It is time to face the facts. The He warned that "this would seem to and we should do that because we fact is that real interest rates, the rate me to be a threat to our electoral proc­ need to learn from all sources. But the between current mortgage rates and ess • • •." ideas that Marianne M. Hall helped to inflation, is still at all time highs, and These are but two examples, Mr. bring to the public are repugnant to the ugly fact is that high interest Speaker. But I think they underscore any decent human being. In a Senate rates still remain a national tragedy an important fact. The American questionnaire she cites herself as the for too many American families. people are fair, Mr. Speaker. The pro­ coauthor of a book called "Founda­ It is time for a congressional initia­ ceedings on the Eighth Congressional tions of Sand." In this book there is a tive to lower interest rates, if we can District of Indiana are not. sentence that reads: ... • • blacks have find one. And I believe it is time to rec­ CFrom Clearwater Sun, May 1, 19851 inherited a different set of aptitudes, ognize that we cannot have lower in­ values, mores, goals and life styles terest rates under our current deficit WHAT'S GoING ON Hl:RE? over a period of 10,000 years." It con­ problems until and unless we start en­ There May well be something rotten in cludes that the race problem in this the State of Indiana. couraging Americans to save money In the Eighth District of the State of Indi­ country arises "when you displace the and, if possible, to save again in lower ana, to be specific. For in that district a duly jungle-freedom-types into the Scot­ yielding passbook accounts. I believe elected Congressman, Republican Richard land-type environment which is Amer­ we need to end the foolish practice of Mcintyre, is being denied his seat in Con­ ica. • • ... taxing interest earnings, a practice gress. This is sick stuff. And the way to which discourages personal savings; On election night, Mcintyre won a close deal with this sort of sickness is to and I believe it is time for a plan to victory over his opponent, incumbent Demo­ remove the source of the illness. Mar­ reward Americans who save in Ameri­ crat Frank McCloskey. The people said so. ianne Hall should resign her position can financial institutions. He had won by 34 votes when the returns voluntarily, and if she does not, the were tallied. Indiana's Secretary of State I will soon be offering the American said so, to.o. in declaring Mcintyre the President should fire her. Passbook Savings Act again this year, winner. as we did late last year; 120 of my col­ But the will of the people wasn't enough McINTYRE-McCLOSKEY DISPUTE leagues joined in cosponsoring the for the House Democrats. They demanded a SHOULD BE SENT BACK TO IN­ effort last year. It is time we move on full recount of the eighth district's 15 coun­ DIANA high interest rates and we give to ties. And they got it. Result: Mcintyre was Americans the real chance again to confirmed as the winner by 418 votes, a RmA DEPARTJO:NT OP STATE, Hon. , I implore the farm organizations to Tallahasaee, FL, March 14, 1985. House of Representatives, Washington, DC. meet and consider the consequences of Hon. MICHAEL BILIRAKIS, DEAR MR. BURTON: I want to thank you this precipitous act. U.S. Representative, Ninth Dtatrict, 319 again for spending your valuable time talk­ Does it make any sense to force Cannon House Office Building, Wash­ ing to me about Soviet Jews in your office. ington, DC. During the short conversation you had with Nicaragua to buy their rice and beans DEAR CONGRESSllAN BILIRAKIS: It has come Tom Rose and myself, I learned about your from Korea and Canada? Does it make to my attention that the seating of the con­ strong sense of priorities. I know how seri­ for a comprehensive and coherent for­ gressman of Indiana's Eighth District has ously you take the value of human life. eign policy to sell wheat to the Soviet been challenged even though after a re­ Just a few years ago, I was considered by Union but refuse to sell rice and beans ccunt Rick Mcintyre had been certified by "my" country, "my" government, a crimi­ to Nicaragua? the Secretary of State as the winner by a nal, a traitor without a past or a future. margin of 418 votes. Today I can freely chat with a U.S. Con­ The President's embargo does not As the State's Chief Elections Officer, it gressman. harm Communists. It hurts the Ameri­ disturbs me that apparently the certifica­ A few years ago, I was a licensed teacher can farmer. The embargo is precipi­ tion by the election officials of the State of of "Scientific Atheism," proving to Soviet tous; it drives the conservative and Indiana were not accepted and Mr. Mcin­ children that there is no God and only men­ moderate forces in Central America to tyre was not seated. This would seem to me tally sick people believe in God. Moscow and is against the best inter­ to be a threat to our electoral process. Today I am studying to be a rabbi in the est of the American people. I urge re­ I hope you can understand my concern re­ United States. garding this important responsibility. A few years ago, I was forced to begin consideration of the consequences of Sincerely, every day of my life with the following Mr. Reagan's embargo. GEORGE FIRESTONE, words: SecretaT'I/ of State. "Glory to the Communist Party of the USSR! FAIRNESS WHAT SHOULD THE PRESIDENT Long live Lenin! I am free and happy because of people thing that is the most important to de­ Mr. ROEMER. Mr. Speaker, after like you, Congressman! mocracy and liberty in the United hearing Elie Wiesel's speech at the Thank you for saving and changing my States is that the people have confi­ White House 12 days ago, it became life. dence in the electoral process in this obvious that our President should not God bless you and God bless America! country, and that they have confi­ Sincerely, dence in their leaders in the Congress visit the cemetery at Bitburg. To LEONID F'ELDlllAN. honor, even inadvertently, 49 fallen P.S.-I hope your idea about me speaking of the United States. Waffen SS is to ignore the reality that before the Foreign Affairs Committee will At the close of the counting of the these were not .soldiers; these were materialize. This will be the highlight of my votes in the Eighth District of Indi­ butchers who deserve nothing save our life. ana, by the people of the State of Indi­ memory. ana, Rick Mcintyre was ahead by over The President is going to Bitburg-a THE CONSEQUENCES OF THE 400 votes. The House has agreed to mistake, but we all make them. So, in NICARAGUAN EMBARGO count all of the illegal ballots that a positive vein, what should he say were present at the close of that proc­ when he gets there? I am hoping that they are just as legal as any of those versy, I insisted on coming to this cem­ Mr. ALEXANDER. Mr. Speaker, yes­ ballots that have been counted also. etery to remember the SS; not to for­ terday the President announced that The man who was the staff man on give nor to forget. I honor West Ger­ he would impose a trade embargo the commission has stated that there many; I do not honor the SS. I pledge against Nicaragua. I urge attention by is no difference between those 32 bal­ remembrance. I and America will re­ every American farmer and every lots and the 10 absentee ballots that member the terror, the fear, the hate, American farm organization. I implore were counted. the racism, the pain, the death, the the leadership of the farm organiza­ I would point out to the Members of gas chambers and the flames. We are tions of America to consider carefully this House that if those votes on those friends of West Germany and, like the consequences of this precipitous absentee ballots, the 32 that are left, you, we reject the horror of the SS. act. were cast in the same way as the 10 We will protect against its reappear­ While the trade embargo gives to absentee ballots that were counted, ance by remembering its evil. For­ the American people some emotional satisfaction by lashing out against the vote would be 20 to 10, and Rick ever." Mcintyre would win by 6 votes. Thank you. communism, the embargo loses badly needed commercial markets in Latin I ask that the Democrats in this America. Last year, President de la House give fairness to all and count all A UNIQUE PERSPECTIVE Madrid of Mexico said that the U.S. the ballots or ask for a new election. can people. Mr. BURTON of Indiana. Mr. There are 500 million Latin Ameri­ the Providence Journal editorial that the proceedings. GOP strategists had hoped Mr. MOODY. Mr. Speaker, over the we cannot take this issue sitting down. to garner Democratic votes in the tally to­ past few days, many have condemned morrow on whether to hold a new election. Rick Mcintyre and Frank McClos­ However, the harsh reaction of some Re­ Nicaraguan for seeking economic aid key's race certainly needs to be closely publicans-"! think you can assume massive from the Soviet Union. The timing of scrutinized. At issue here is fairness; it retaliation," warned Rep. Robert Walker of Daniel Ortega's trip to Russia was ter­ is the bottom line. The whole calcula­ -may have cost the GOP a rible from a PR point of view. But tion of the vote was fraught with in­ measure of bipartisan sympathy. what is all the sw·prise about? consistency, ad hoc rulemaking, and One can easily understand the Republi­ After 3 years of trying to overthrow blatant political favoritism. When you cans' inability to keep their tempers in the Nicaragua Government, what do consider the fact that 60 percent of check. Speaker O'Neill has used his party's we expect? We have financed mining the people in Indiana's Eighth District majority in the House to manipulate the Nicaragua's harbors; encouraged guer­ feel there should be a special election, parliamentary rules in ways that bring the Democrats undue advantage. Worst of all is rillas to kill civilians and destroy eco­ and we are not moving ahead with it, his structuring of committees so that the nomic targets; we have blocked aid that can be called nothing less than Democratic Party has a percentage of seats from international lending institu­ unfair. Four votes is far too close to on each committee significantly larger than tions; and have done everything else to call; let us be fair and equitable and is warranted by the percentage of seats it strangle the Nicaraguan economy. have another election. holds in the overall House. We have been highly successful in I encourage my colleagues to stand Neverthelss, the Republican firebrands that attempt. Nicaragua is now an eco­ tough on this issue. Certainly the would be wiser in the long run to do nothing nomic basket case, absolutely desolate. people of Rhode Island are 'now well to undermine the admittedly slender hopes It is any wonder that they should aware of the chicanery that has been for bipartisanship on the budget issues that try to get economic aid from anywhere taking place in this august body. will be coming to a head in the weeks and months to come. Some day, if the Reagan­ they can? Mr. Speaker, I include the following omic recovery survives, the GOP might Many countries with whom we have editorial for the edification of the attain to a majority in the House. In short, very good and productive relations Members: smart Republicans don't get mad, they get, have sought and received aid from the CFrom the Providence Journal, Apr. 29, eventually, an opportunity to teach the Soviet Union. This includes: India, Al­ 1985] Democrats a lesson in democracy. geria, and Egypt to name a few. Woul<;l THEFT OF SEAT IN U.S. HOUSE NOT To BE it have been intelligent foreign policy TAKEN SITTING DOWN to have applied economic embargoes Tammany Hall, Teapot Dome, Watergate. 0 1300 to those countries during periods of The City that Works. Corruption in Ameri­ friction? Of course not. can politics knows many labels because it HOW IS NICARAGUA A THREAT The final story of Nicaragua's politi­ has .seen many forms. But rarely in the TO THE UNITED STATES? cal complexion is not yet written, but annals of this democracy has the body poli­ Unfortunately, the way the recount was people and within the international Mrs. SCHNEIDER. Mr. Speaker, I handled by the Democratic majority on the community. It provides an excuse for would like to share with my colleagues committee demolishes any pretense · of re­ greater centralization of power and re­ an editorial which was in the Provi­ spect for the voter's will. Take the oddity of duces the likelihood of the expansion the votes by the committee panel overseeing of civil liberties and a free press. dence Journal entitled, "Theft of a the recount, with its 2-to-1 Democratic ma­ Seat in U.S. House Not To Be Taken jority, on whether to accept or reject disput­ On almost every count, the Presi­ Sitting Down." ed ballots. In a display of chicanery rare dent's action runs counter to the na­ Mr. Speaker, that is precisely why even on Capitol Hill, the two Democrats tional security interests of the United this Member is standing up for what I voted to count disputed ballots until their States. The only thing one could say believe in. I think that most of my col­ man was leading the vote. Then they in its favor is that it is ·better than leagues are well aware of the fact that abruptly switched, voting not to count dis­ waging war against Nicaragua; but I puted ballots. As a result, the Democrat won I am not to be characterized as a terri­ the latest recount by 116,645 to 116,641-a have yet to hear the President say bly partisan Representative. I believe margin of four votes. that this new policy substitutes for his all too often partisanship gets in the Some Democratic representatives who support of the Contras. It is simply an way of good representation, but bipar­ watched from the sidelines as the drama un­ extension of the illogical and unlawful tisanship is a two-way street. I call folded last week were reportedly distressed Reagan policy toward Nicaragua. May 1, 1985 CONGRESSIONAL RECORD-HOUSE 9989 I urge the President to reconsider During the same 4 years we have seen House for 1 minute and to revise· and and reverse this ill-conceived course of the value of the dollar grow 40 per­ extend his remarks.) action. cent. That is like putting a 40-percent Mr. LEVIN of Michigan. Mr. Speak­ tariff on any U.S. products that we try er, if not today, in the near future our to sell overseas. That mainly comes colleague, the gentleman from Califor­ THE DISENFRANCHISED VOTERS from the huge domestic deficits that OF THE EIGHTH DISTRICT OF nia [Mr. LAGOMARSINO] will introduce INDIANA have come with the economic policies an amendment to the State Depart­ that were initiated by ment authorization bill to allow two in this country and to the world. I proposal unfortunately went down to urge my colleagues to support this defeat. Mr. LUNGREN. Mr. Speaker, in lis­ tening to the comments of our col­ amendment when it is offered. In two recounts out of three, Rick leagues on the Democratic side of the Mcintyre came out ahead, casting aisle, one would think we are back to doubt on the latest outcome which SHAMEFUL POLITICAL CHARADE under a new set of rules, and discount­ business as usual. We have heard ing 32 unopened ballots, resulted in speeches about a whole range of sub­ tions, industrial revolutions and many were counted. Mr. ECKART of Ohio. Mr. Speaker, others, but today we find ourselves in Mr. Speaker, the shame of yesterday once again another member of the a trade revolution. A time when we should not be perpetuated today. We Reagan administration Cabinet is find that we are not able to compete cannot have business as usual when we playing games with the public's on the world market. have committed this desecration of health. Health and Human Services' An economic policy was initiated by this institution and the U.S. Constitu­ Secretary Margaret Heckler continues Ronald Reagan in 1981 that has ex­ tion. to refuse to obey the law, the law that panded in just 4 short years the do­ she is sworn to uphold. mestic deficit from $58 billion to $200 The findings have recently been re­ billion per year. Our trade deficits FILMS ON AFGHANISTAN WAR leased that six food dyes, noticeably during the same 4-year period have remarks.) termined to cause cancer, must be Mr. McCURDY. Mr. Speaker, be­ Mr. ROTH. Mr. Speaker, do we re­ banned. Why, then, has the Secretary cause financial conditions on the farm member when the Democrats used to of Health and Human Services refused have reached such an extreme low, come into the House and ask for free to remove these dyes from the market many people are moved to compare and fair elections in El Salvador? although legally obligated to do so? today's farm crisis to that of the Well, on November 6, Rick Mcintyre Are we not responsible for assuring 1930's. However, there is a major dif­ won a free and fair election in Indiana, the safety of our consumers by elimi­ ference. and he came here on January 3 when nating these known cancer-causing Fifty years ago, the Wheat Belt was all the codes of ethics and rules of law dyes? · stripped of its fertile topsoil by the dictated that he be seated. But be­ I, therefore, join my colleague, the Dust Bowl. Everyone in Oklahoma cause the Democrats had the majority Honorable EnwARD FEIGHAN, in co­ learned about· erosion. We also learned in this House and rule this House, sponsoring his resolution that legally how to do something about it. We they said, "No, we're going to give it to requires the Secretary of Health and planted shelter belts of trees and the man who came in second." Human Services to remove these dyes changed the way we plowed and the The Democrats have given a new from the the market. way we planted. Soon, we had restored meaning to the word, "close." Close the greatest food production system in may be good enough in horseshoes the world. . and landmines, and maybe now in con­ ON THE GUTTING OF THE gressional elections, but it certainly is CONSTITUTION Today, the crisis originates from an­ not good enough for our American de­ Federal deficits, high real interest talked about free elections? No. Today Mrs. BENTLEY. Mr. Speaker, when rates, high value of the dollar and the they talked about the poor Sandinis­ a majority of the House voted yester­ inflated price of production equipment tas, a client state of the Soviet Union. day to defeat the move to declare the are not caused by farmers. They origi­ The Democrats have deplored the fact congressional seat in the Eighth Dis­ nate in Government policy and Gov­ that President Reagan will not be in­ trict vacant, they set in motion a series ernment inefficiency. timidated by the Soviets and Sandinis­ of consequences which do not depend If the current farm crisis is to be re­ tas, but rather, will stand for princi­ on the passions of the participants. solved, Congress and the President ple. Let the American people decide The rightfully elected candidate must plant the trees. We must reverse which political party speaks for this from the Eighth District of Indiana these ruinous deficits that are destroy­ country and for our people. was unseated by shuffling around the ing the Farm Belt. ballots until a formula was found which gave some momentary semba­ LEGISLATION TO REQUIRE BAN­ lance of reason to what is at root: a THE SYSTEM WORKED IN NING OF CANCER-PRODUCING naked exercise of power. NORTH CAROLINA-BUT NOT DYES New law has been made. This new IN INDIANA but certain. To whom does it apply? Is for 1 minute and to revise and extend Mr. AKAKA. Mr. Speaker, when the it only for Minority Members who win his remarks.) word "cancer," is mentioned it brings in close elections? How close is close? Mr. McMILLAN. Mr. Speaker, I am to the minds of people a hope that Nothing in the new dispensation tells personally disturbed by the outcome they will not be one to suffer from us. The damage done to the Members of this so-called election in Indiana this dreaded disease. This unfortunate like Mcintyre is nothing compared to Eight, because the final margin in my disease instills fear in the hearts of what has been done to the franchise race was 321 votes. those who are diagnosed as being of the voters of the Nation. Who now But there was a difference. In my cancer stricken and grief to family can be sure that his vote will be count­ case, the system worked. In my case, members of those not fortunate ed? Who will know in advance the no Democratic task force was appoint­ enough to have over-come this disease. members of a task force sent to re­ ed to come into North Carolina to We all want to see cancer conquered count the ballots? Based upon what decide the outcome. in our lifetime. For that reason, mil­ was done here, State election officials, The Democrat election boards gover­ lions of dollars are poured into re- unrestrained by State election laws, nor and secretary of state in North May 1, 1985 CONGRESSIONAL RECORD-HOUSE 9991 Carolina certified me the winner-just Reagan, once again, is worshipping the Sunday" at the initiative of the pub­ as the Republican Governor and secre­ false bitch-goddest of war. lishers of Farm and Ranch magazine. tary of state in Indiana did in Rick They suggested to religious leaders in Mcintyre's situation. MAJOR NEWSPAPERS SUPPORT a number of Southern States that one The Democrat controlled task force, MOVE FOR NEW ELECTION IN Sunday be set aside each year as time seeking to "fairly" determine the out­ for a special reminder to their congre­ come of the election, initially decided INDIANA

51-059 0-86-2 (pt. 8) 10012 CONGRESSIONAL RECORD-HOUSE May 1, 1985 had been counted during the general to determine that 12 more of those D 1540 election, and 10 which have not. It re­ went for Mccloskey and they found Mr. PANETI'A. Mr. Speaker, I yield fused to count 32 which could be iden­ out who won. myself the balance of my time. tified as having been carried under the I believe that Mcintyre was beaten Mr. COLEMAN of Texas. Mr. Speak­ same security as the ballots which clearly and unmistakably by the rules. er, will the gentleman yield? have been counted. He was beaten by subjective judg­ Mr. PANETI'A. I yield to the gentle­ The task force, which is the real ments of his Democrat cronies. I did thrust of the Republican attack here, man from Texas. not say Mccloskey won; I said Mcin­ Mr. COLEMAN of Texas. I thank simply found enough votes to elect its tyre was defeated. man, Mccloskey, and then stopped the gentleman for yielding. As one of When the press asked me when I those Members who has read every counting, leaving those 32 voters dis­ came in here today what the House page of this document, I rise in sup­ enfranchised. We heard tons of was going to do, I said: "I think the speeches on this floor that, by golly, port of this resolution. Democrat Caucus is going to seat the Mr. Speaker, today, the House of we were going to save those disenfran­ loser." And the basis for the seating is Representatives will be voting to seat chised voters. Those bad, bad Indiana that the king can do no wrong; king clerks, and that bad Indiana law kept Frank Mccloskey as the duly elected caucus decided on January 3 that it Representative of the Eighth Congres­ people from voting. This task force is was going to impose its will. King going to let those people vote. sional District of Indiana. The resolu­ Democrat caucus was going to impose tion before this body is premised upon Well, it did. It let 10 of the 42 we its will on the people of Indiana. I do know of, but would not let the other the recount sponsored by the House not think that any other description which shows Mr. Mccloskey with a 32. Why not? Because they were afraid can disguise the shame that our whole to risk losing the four-vote advantage. four-vote margin over his Republican representative process feels because challenger, Mr. Mcintyre. Now, remember: Mcintyre won the this decision was made unilaterally in election. The only way that McClos­ I believe that all of us present today that caucus, throwing aside the votes understand the seriousness of the task key could win it was under a new set of more than 230,000 Indianans. of rules. When the new set of rules force before us in deciding what our were drawn, we stopped counting We have heard a lot about honor in respective position will be relative to under those new rules. We abandoned the last couple of days, and I am all the resolution now before this body. them and we said: "Oh, my goodness, for honor. I believe everyone here is While there has been a swirl of parti­ we are going to go back to Indiana law; just dripping with honor. I remember san feelings and emotions surrounding those 32 ballots are uncountable." William Shakespeare spoke through this issue which have, on some occa­ Well, we could not find Indiana law Mark Anthony to say that Brutus was sions, obscured rational thought on because the task force threw it in the an honorable man, but he was not the part of some Members, I feel con­ trash can when it established its above sticking a broadsword ·between fident that the information now avail­ counting rules. the ribs of Julius Caesar into some of able from proponents of both sides of Now, I want to talk about the count his more tender parts. I feel a little bit this issue adequately provide a basis a little bit. I hope that the motion to like Julius Caesar today too. I have from which an informed decision can recommit will be supported. The dis­ felt the sting of the Democrat broad­ be made. trict court in southern Indiana has sword. I am going to vote in favor of accept­ granted a temporary injunction to pro­ I remember, too, a couple of lines ing the recommendation of the Com­ tect the ballots, so you need not worry from Tennyson, which go like this: mittee on House Administration to whether they will be there or not. His honor rooted in dishonor stood, seat Frank Mccloskey, not on the They did that yesterday in response to And faith unfaithful held him falsely true. basis of my political affiliation, but a request. upon a reasoned and indepth analysis Let me talk about the ballots. I have Now, if there is anyone being held of the premises advanced by the com­ been led, or I think many people have falsely true because he believes that to mittee in support of its recommenda­ been led, to believe that for some be a good Democrat you have to disen­ tion to this Chamber. reason mistabs have decided who got franchise Indianans, I beg you, you To begin with, let us not lose sight elected here. Let me first tell you that have only two more chances. You have of the fact that the House has the ul­ mistabs gave candidate Mcintyre 75 a chance to give the election process timate responsibility as well as pri­ more votes and candidate McCloskey back to the people of Indiana. You mary jurisdiction, under article I, sec­ 79 more votes. That is a four-vote in­ have a chance to go with the certifica­ tion 5 of the U.S. Constitution, to crease for Mccloskey. He did not gain tion process. You have a chance to judge elections. Pursuant to this back 34 votes that he had on election prove that king caucus is not a ruth­ power, the House adopted a resolu­ night by mistabs. less wielder of brutal political power tion, on January 3, 1985, to investigate Where he gained back his votes were that overwhelms the votes of the the McCloskey-Mclntyre election. on ballots not counted; those 142 bal­ people of Indiana. While I will not review the unfolding lots that our valiant committee has You have a chance to prove that you of events from election night, 1984, saved to enfranchised otherwise disen­ really believe in the Constitution and through the present, I believe that all franchised voters, even though their the election processes of the United of us can agree that the many irregu­ ballots did not satisfy Indiana law. States of America. If you do not, you larities and inconsistencies in the There his friends on the task force will simply exacerbate the difficulties Eighth Congressional District of Indi­ found 22 more votes for McCloskey that we have gone through in the last ana's election process certainly justi­ than they did for Mcintyre. Actually, few weeks. You will have proved to the fied this action by the House. Mccloskey won the whole election by United States of America that it does . Given the inconsistencies which picking up 12 extra votes on hanging not make any difference who the characterized the counting of the bal­ chads. people elect if king caucus, king Demo­ lots in Indiana that evening within the Do you know what hanging chads crat caucus decides that it wants to Eighth Congressional District, the are? When you have a punchcard that elect one of its cronies. goals of the task force were to follow does not go through, you get the little Your best way to prove that this counting rules which disenfranchised punch out and it is hanging there. House means something, that your the smallest possible number of voters Nobody knows who they voted for. love of the institution and the process­ and to apply uniform standards which You have to be Harry Houdini or the es are more improtant than your love would cover all counties and precincts. Almighty to know what the score is, of the party, is to vote to recommit These counting rules were adopted so but somehow our task force was able House Resolution 146. that technical errors made by election May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10013 officials, as opposed to those made by Since it was not possible for the task with the decision made by the task voters. would not invalidate a ballot. force to identify and segregate those force to count those invalid absentee What I will attempt to do is to iso­ invalid absentee ballots counted erro­ ballots which were not comingled with late for my colleagues what I have neously. the question became how to other valid ballots-a total of 10 bal­ come to view as the crucial issues upon treat these ballots in an equitable lots in all which gave Mcintyre the which I have made my decision to sup­ manner. In the House, there is no majority-it is apparent that either port the committee's recommendation. precedent for counting unnotarized through the means adopted by the One point which I find critical in de­ and unwitnessed absentee ballots. task force or the concept of propor­ termining the "winner" is that the key What precedent there is provides that tional reduction or both, Mccloskey difference between the State's certi­ when it is possible to differentiate be­ would still be the victor. fied election result of 34 votes and the tween valid absentee ballots and in­ On the matter of a special election, House recount process is directly relat­ valid absentee ballots. the preferred several things disturb me about the ed to tabulation errors discovered by method is to proportionately reduce recent momentum for such an event. the task force auditors on the part of the vote totals for each candidate. In First of all, it is the Republicans, after election clerks in Indiana. It is impor­ this instance-and given the tabula­ realizing that they had possibly lost tant to note that these changes in vote tion errors uncovered by the GAO the election on the recount, who are tabulations resulted not from the auditors which benefited Mr. Mcclos­ demanding a special election. This is a counting rules adopted by the task key-had this proportional reduction new claim raised by them at the 11th force, but from this discovery of tabu­ formula been followed, Mr. Mcintyre hour and lacks a sound premise. More­ lation errors in the initial counting would lose more votes than Mr. over, and despite Mr. McCloskey•s which took place election night. Mccloskey. small margin of victory, closeness Despite the existence of this prece­ alone while it could justify a recount. The true crux of this controversey dent. and at the request of the Repub­ does not now, nor has it ever, consti­ surrounds the nebulous nature of the lican member of the task force, it was tuted an adequate legal basis to ·call unnotarized absentee ballots. Under agreed that those ballots already for a special election. Absent a show­ Indiana law, absentee ballots must be counted should remain in the active ing of irregularities which go to the signed by the voter, notarized, and re­ count. Regarding those absentee bal­ heart of the final result, there is no turned to the appropriate county clerk lots which, while clearly invalid, were precedent for demanding such a spe­ by election day. On election day, the forwarded to the precincts yet not clerk then forward the absentee bal­ cial election. counted or integrated with the other For the foregoing reasons, Mr. lots for each precinct out to the appro­ ballots, task force Chairman PANETTA priate precinct. where the absentees Speaker, I believe it legal and proper agree with the Republican member to to now seat Mr. Mccloskey as the rep­ are opened and counted along with the count this group as well which in­ ballots cast in a normal manner that resentative from the Eighth Congres­ crease Mr. Mcintyre's vote total. Rela­ sional District of Indiana and I would daY,. Also under Indiana law. any ab­ tive to the third group of absentee bal­ sentee ballots that are not signed and hope that the House can now return lots-those recongized as invalid by its attention to the national issues notarized are supposed to be immedi­ the county clerks and withheld from ately rejected and not forwarded to pending before it. the precincts-the task force, along Mr. FORD of Michigan. Mr. Speak­ the precinct-these ballots are per se party lines, decided not to count them. invalid. er, will the gentleman yield? Despite my personal misgivings Mr. PANETTA. I yield to the gentle­ The unfortunate fact discovered by about the decision of the task force man from Michigan. the GAO auditors hired by the task chairman to count the second category force to count the ballots was that of ballots, or to count the first catego­ Mr. FORD of Michigan. I thank the some of these unnotarized ballots had ry and not proportionately reduce gentleman for yielding. been sent out to the precincts. Of each candidate's totals, neither deci­ Mr. Speaker, after an exhaustive these absentees sent to the precincts sion would have changed the result of and painstaking recount of last No­ through clerical error. some were rec­ who actually won this election. vember's election in Indiana's Eighth ognized by precinct workers as invalid I believe it significant to note that Congressional District, I don't believe and were not opened up or counted not one member of the task force ever that any fair-minded person can deny while others were opened as well as suggested that unnotarized or unwit­ that incumbent Frank Mccloskey is counted. The task force was then con­ nessed absentee ballots ever be count­ the winner. fronted with absentee ballots. clearly ed. It was not until the last meeting of The recount was federally super­ invalid. which were inadvertently for­ the task force, on April 18, after it was vised under a careful procedure that warded to precinct workers and count­ apparent that Mr. Mcintyre was losing ensured the utmost integrity and fair­ ed; absentee ballots. clearly invalid, by four votes, that the Republican ness. The results are now before us. which were sent to the precincts but task force member first suggested that And they are conclusive. not counted; and, absentee ballots. those invalid ballots ret~ined by the There is little doubt that this was clearly invalid, which were recognized county clerks should be treated in a the closest congressional election of as such and retained by the various manner similar to valid ballots. this century, with the final outcome county clerks and not forwarded to In another desperate attempt to decided by only a handful of votes. the precincts. Of those invalid absen­ erase Mr. Mcintyre's four-vote deficit, The narrowness of Mr. McCloskey's tee ballots which were erroneously and in direct contravention of Indiana victory, however. is not the issue sent to the precincts. counted, and law, the Republican task force before us. Rather, it is whether, after then mixed in with the other ballots, member also requested that military one of the most careful and diligent there was no way for the task force to absentee ballots that had arrived after recount procedures in our history. he be able to distinguish them and thus election day be counted. The task emerges as the undisputed winner. On not count them. Of the second catego­ force voted not to count late-arriving this score the record is now clear. And ry, those absentee ballots which were military or other absentee ballots re­ it matters not whether he won by 4 or inadvertently sent to the precincts and ceived after the election. 400 votes. not counted, these were clearly able to Mr. Speaker, Frank Mccloskey, While the central issue is indeed be segregated by the task force. Of the albeit narrowly, won this election who won that photo-finish race. it is third category, those absentees which based upon what I sincerely believe not. in my mind, the most important were retained by the county clerks, it was a credible counting of the ballots consideration before us. That. instead, was easy for the task force to be able by GAO auditors under the supervi­ is whether the recount procedure es­ to identify and segregate. sion of the task force. While I disagree tablished by the House to resolve this 10014 CONGRESSIONAL RECORD-HOUSE May 1, 1985 prickly dilemma can stand the test of nently open recount process-a proce­ Indiana question actually justifies the harsh scrutiny for openness, honesty, dure open to both sides and the media action of the House in how it has pro­ and fairness. I am convinced it can. every step of the way. For us to have ceeded on this matter. It was a far more valid recount than acted hastily before all the facts were On the Republican allegation that the one ordered by the State of Indi­ on the table would have demeaned the the House does not have the right to ana. Why? Because it examined all the process and created distrust in the assume jurisdiction over the Indiana ballots and did not selectively throw public mind. race, the Reagan administration some out for minor technical reasons. But now we are in possession of all argues-and I quote: If the intent of the voter was clear­ the facts. Nothing remains hidden This cannot be right • • •. The House and it mattered not for whom the from public view. And now that we do should be left to continue its recount and ballot was cast-the vote was counted. have the facts, it is our duty to act Judge the elections and returns of its own Indiana, on the other hand, excluded upon them fairly and decisively. And Members. nearly 5,000 ballots because of techni­ the only fair and honest way to do On the Republican allegation that cal, not substantive, reasons, thereby that is by seating Mr. Mccloskey ac­ there is no evidence of fraud, the Ad­ willy-nilly disenfranchising thousands cording to the will of the majority of ministration said the absence of specif­ of voters. the voters of Indiana's Eighth District. ic allegations of election fraud or ir­ The federally supervised recount Mr. ALEXANDER. Mr. Speaker, will regularity-and I again: was conducted by teams of independ­ the gentleman yield? That • • • is beside the point. The elec­ ent auditors from the General Ac­ Mr. PANETI'A. I yield to the gentle­ tion was extremely close and the question counting Office whose integrity and man from Arkansas. the House must determine is, what was the professionalism is beyond reproach. Mr. ALEXANDER. I thank the gen­ vote? These teams of auditors laboriously tleman for yielding and I will not take On the charge by the Republican counted the ballots on site by hand, any time, although I would like to. I side that the House should have hon­ leaving nothing to chance. would like to compliment the chair­ ored the dubious certificate of elec­ Moreover, the task force appointed man and the task force for an excel­ tion, the administration argues that by the House bent over backward to lent job and an excellent report. ensure fairness to both sides and fidel­ Mr. Speaker, the rhetoric and parlia­ the validity of the certificate is "really ity to the Constitution and the people mentary antics of the other side have up to each House as the judge of its of Indiana's Eighth District. reached an absurd, juvenile level in election returns." It has been charged, unfairly, that the past few weeks. Obviously, this re­ And on the allegation by the Repub­ the composition of the task force guar­ flects the increasing role of the ex­ lican side that the House is unfairly anteed an outcome favorable to Mr. tremist element in Republican policy­ and illegally denying the people of In­ Mccloskey. Nothing could be further making. diana their constitutional right to rep­ from the truth. First of all, as I said Sadly, many senior Members on the resentation, the Reagan administra­ earlier, it established a procedure for Republican side have recently been tion quoted the case of Barry versus counting all the ballots, which were quoted publicly and privately as the United States which said: not disqualified through voter error, saying that they are planning to leave merit in the suggestion that this body-either through early retire­ the effect of the refusal • • • to seat Ca the only democratic way to determine member> pending investigation was to de­ the winner. ment or seeking other offices-because prive the State of its equal representation. I would like to remind my colleagues of the frustrations and embarrassment The temporary deprivation of equal repre­ that, under the Constitution, Congress caused by this extremist element sentation which results from the is the sole judge when it comes to de­ which paralyzes those Republicans refusal • • • to seat a member pending in­ ciding the outcome of the election of who ligitimately seek constructive so­ quiry as to his election or qualifications is its Members. lutions to our Nation's problems. the necessary consequence of the exercise of To have relied on the results of the Mr. Speaker, today the Republican a constitutional power, and no more de­ Indiana recount would have been a side plans to walk out of the Chamber prives the State of its "equal suffrage" in the constitutional sense than would a patent abdication of our constitutional to protest the seating of the rightful vote • • • vacating the seat of a sitting duty as elected Members of this body. winner of Eighth Congressional Dis­ member or a vote of expulsion. There were more than 15 separate re­ trict of Indiana. Judging from the as­ count commissions in Indiana evaluat­ sembling of the media around the cap­ Mr. Speaker, there are many issues ing the results with 15 separate and ir­ itol, I can only conclude this planned in this case upon which reasonable regular procedures. One group, for ex­ walk out is more for the purposes of people might disagree. However, the ample, accepted ballots that another good press, than good government. I other side has repeatedly taken the group operating only a few miles away suppose they will use this opportunity issues of this case pounded and pound­ threw out for technical reasons. The to once again attack the leaders of the ed again their own interpretation of task force, on the other hand, applied Democratic Party as slime and thieves, them to the point that they are no uniform rules to bring order out of and repeat their threats of civil disobe­ longer willing to listen to reason. chaos. To charge now, as some of my dience and, indeed, physical assaults While I know they will not listen to colleagues on the other side of the to prevent the House from swearing in my arguments or those of the Mem­ aisle have done, that we have attempt­ the rightful Congressman from the bers who have so professionally and ed to "steal" this election is to ignore Eighth District. astutely guided this procedure, I urge the facts for political gain. Mr. Speaker, I know at this point them to look at the arguments or From the very outset of this case the the extremists on the Republican side President Reagan's own Justice De­ House has acted in a prudent and cau­ are not interested in substance. That partment on this matter. tious manner to protect the parties in­ quality was abandoned in their speech­ [In the Supreme Court of the United States, volved and the integrity of the system. es weeks ago. However, I would sug­ October Term, 1984, No. 102, Original] Quite properly it refused to seat either gest to them that they take a look at STATE OF INDIANA, PLAINTIFF V. UNITED Mr. Mccloskey or his challenger, Mr. the position of the Reagan administra­ STATES OF AMERICA, ET AL. Mcintyre, until all the facts were tion on this matter. I think they will have flown in the face of electoral jus­ which they have been making their al­ BRIEF FOR THE UNITED STATES IN OPPOSITION tice and constitutional responsibility. legations of criminal and immoral be­ Jurisdiction It was only fitting and proper for us havior. Frankly, it seems to me that The Jurisdiction of this Court is invoked to withhold a final judgment pending the brief filed in the Supreme Court under Article III, § 2, Cl. 2, of the Constitu­ the results of this thorough and emi- by the Reagan administration on the tion of the United States and 28 U.S.C. May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10015 125l<2>. The question of jurisdiction is ine any such obstacles, however, because, ception for cases otherwise within the further dicussed in the Argument, infra. given that the United States is not an indis­ Court's original jurisdiction. "The effect of Statement pensable party, its dismissal would not pre­ CArt. III, § 2, Cl. 31 is not to confer jurisdic­ 1. The State of Indiana-in its own right vent continuation of the suit against some tion upon the Court merely because the and as parens patriae-has filed a motion or all of the other defendants. Cf. Fed. R. State is a party, but only where it is a party for leave to file an original complaint in this Civ. P. 19 and 21. For like reasons, there is to a proceeding of judicial cognizance. Pro­ Court, seeking an order requiring the seat­ no need to determine whether the joinder ceedings not of a justiciable character are ing of Richard Mcin­ of the Speaker is barred by the Speech and outside the contemplation of the constitu­ tyre as Representative for the Eighth Con­ Debate Clauses: that would not affect pros­ tional grant." Massachusetts v. Mellon, 262 gressional District of Indiana. The claim is ecution of the action against the other offi­ U.S. 447, 480 <1923). It would be difficult to that refusal to seat Mcintyre in the Ninety­ cers of the House. See Powell v. McCor­ overstate the degree to which this contro­ Ninth Congress deprives Indiana and its citi­ mack, 395 U.S. 486, 501-506 <1969). And, fi­ versy presents the defining instance of a po­ zens of constitutional rights relating to rep­ nally, we accept without quibble that the litical question. The classic characteristics resentation and control over the election of case, if justiciable in any federal court, falls of textual commitment to another branch Representatives from the State. Named as within this Court's nonexclusive original ju­ and conspicuous separation of powers prob­ defendants are the United States, the House risdiction as a controversy to which a state lems are present and pronounced. Unsur­ of Representatives, the Speaker, and vari­ is a proper party.2 We confine ourselves prisingly, the Court's opinions in this area ous officers of the House. The House and its here to two submissions: <1> The case pre­ strongly suggest that this precise controver­ officers are represented by the Counsel to sents only a nonjusticiable "political ques­ sy would be held nonjusticiable on political the Clerk of the House of Representatives, tion" which no federal court can entertain; question grounds. and (2) in any event, this Court ought not who is filing a separate response to Indi­ a. There is, in the present context, "a tex­ ana's Motion for Leave. The present brief is exercise its original jurisidiction, but should tually demonstrable constitutional commit­ submitted on behalf of the United States deny leave to file as a matter of discretion. ment of the issue to a coordinate political only. 1. This matter is nonjusticiable, because it presents a political question. There is no ex- department • • •." Baker v. Carr, 369 U.S. 2. In the general election of November 6, 186, 217 <1962). See Gilligan v. Morgan, 413 1984, the seat for Representative from Indi­ U.S. l, 6-7 <1973). Article I, § 5 of the Con­ ana's Eighth Congressional District was It is perhaps a more serious question whether stitution begins: "Each House shall be the closely contested between Richard D. Mcin­ sovereign immunity prevents the suit against the Judge of the Elections, Returns and Qualifi­ tyre and Francis X. Mccloskey. For some United States. The basic rule, of course, ls that cations of its own Members • • •." This is five weeks, state officials withheld certifica­ absent congressional consent, a suit for injunctive specific and more directed to the matter at tion of either candidate. Then, on December relief can be maintained only against Its officers If they are charged with acting ultra vlres or uncon­ hand than Article I, § 4, on which plaintiff 13, the Indiana Secretary of State and the stitutionally. See Block v. North Dakota, 461 U.S. relies. See Roudebush v. Hartke, 405 U.S. 15, Governor certified Mcintyre as the winner. 273, 280-282 <1983). Here, the only arguably rele­ 25-26 <1972). The House of Commons and Nevertheless, when the House of Represent­ vant statutory provision effecting the requisite the legislatures of the colonies judged their atives convened on January 3, 1985, it waiver for joining the sovereign Itself is 5 U.S.C. own elections, and jealously protected their passed a resolution declining to seat either 702, which permits joinder of the United States right to do so against other governmental whenever "agency" action is subject to judicial candidate and referring the question to its entities. H. Remick, The Powers of Congress Committee on House Administration. That review and nonmonetary relief ls sought. However, assuming that It applies to original actions in this in Respect to Membership and Elections 1- Committee is conducting a recount and has Court ; M. Clarke, Parliamentary Privi­ not yet reported, though it appears to be the provision expressly excludes "Congress" as an lege in the American Colonies 9-10, 132-172 close to doing so; the result, whoever wins, "agency." Accordingly, the question is whether the <1971 ). So, also, the American Senate and will be extremely narrow. In the meantime, officers of one House are nevertheless covered. It is House have been deciding election questions both claimants have been tendered the not apparent why Congress should have wished to involving their members for nearly 200 salary of Representative. bar joinder of the United States in such a case If years-sometimes responsibly, sometimes 3. Some weeks before Indiana filed the the suit otherwise can be prosecuted against the of­ ficials. not, but never with judicial review, despite present Motion in this Court, Richard repeated requests. In light of this history Mcintyre and a voter from his District com­ •Notwithstanding the failure of the Judicial menced an action against the Speaker of Code to so provde <28 U.S.C. 1251) and contrary in­ and the express provision of Article I, § 5, it dications in some of the Court's opinions ; that judicial review has been deemed barred tyre v. O'Neill, Civ. No. 85-0528. The relief Texas v. Interstate Commerce Commission, 258 U.S. sought there was essentially the same as in 158, 163 <1922)), we deem It clear that this Court where the commitment of the issue's resolu­ this original action. On March 1, the suit enjoys concurrent original Jurlsdlctlon of all cases tion to another entity is only implicit. E.g., was dismissed on grounds of non-justiciabi­ within the federal judicial power, not barred by Coleman v. Miller, 307 U.S. 433, 450 <1938); lity, and an appeal from that ruling is now sovereign Immunity, where a state is a party, in­ Goldwater v. Carter, 444 U.S. 996, 1003 pending on an expedited basis in the Court cluding a suit founded on federal law by a state <1979> ; Monaco v. Mi88i88iPJ>i. cuit, No. 85-5212, where briefing has been 292 U.S. 313, 321, 329-330 <1934). An independent It is no answer that courts regularly completed. basis for invoking the original jurisdiction of this review other exercises of power "textually Argument Court is that the suit ls brought by a state against committed" to Congress. The commitment citizens of other states. 28 U.S.C. 1251<3>. See made by Article I, § 5 is different not only in There are perhaps special objections to South Carolina v. Katzenbach, 383 U.S. 301, 307 degrees, but in kind. The Commerce Clause, the Joinder of the United States as a defend­ <1966); Oregon v. Mitchell, 400 U.S. 112, 117 n.1, for example, makes a grant of lawmaking ant to this action. 1 We do not stop to exam- 152-153 n.l, 230-231 <1970). And If the United States is permissibly joined, original jurlsdlction power, and it is entirely unremarkable that also lies on the ground that the suit is between a there should be judicial review of the exer­ 1 It is arguable, first, that the United States-as state and the United States. 28 U.S.C. 125l<2>. cise of that authority. Here, however, the distinguished from the House of Representatives See California ex rel State Lands Commission v. grant is itself of an adjudicative sort, and and Its officers-ls not a "proper" party, having no United States, 457 U.S. 273, 277 n.6 <1982). Which­ review by the judiciary is redundant and in­ separate interest in the case. Presumably, Powell v. ever of the three bases is invoked, this Court's trusive. Article I, § 5 entails making specific McCormack, 395 U.S. 486 <1969), establishes that original jurlsdlctlon is only concurrent-given that decisions about particular disputes-not set­ the United States is not an indispensable party, a federal question is presented. Compare Ohio v. without whose joinder the suit could not proceed. Wyandotte Chemicals Corp., 401 U.S. 493, 498 n.3 ting broad, prospective policy. The Constitu­ On the other hand, It is difficult to assert that the <1971>. Accordingly, It would not affect this Court's tion charges the legislature in this special United States is ever an Improper party where any jurlsdlction if the United States were dismissed as a instance with doing what courts usually federal governmental matter ls in controversy. See, party. do-and, logically, excluding courts from e.g., 28 U.S.C. 2322 ; 28 It may be questioned whether Indiana, acting that process. 3 U.S.C. 2344 ; 28 merely as parens patrtae, can maintain an original U.S.C. 2403 ; 25 U.S.C. 201 ; 40 U.S.C. 270b <1923>; South Carolina v. Katzenbach, 383 U.S. at 279 U.S. 597, 613 <1029>: "Generally, the Senate is a ; 42 U.S.C. 1973h . There is, indeed, much to be said in Its sovereign capacity. South Carolina v. Katzen­ conferred on It by the Constitution certain powers for affording the Department of Justice an oppor­ bach, supra; Oregon v. Mitchell, supra; South Caro­ which are not legislative but Judicial in character. tunity to participate in such litigation. In sum, we lina v. Regan, No. 94, Orig. ; FERC v. Mis· returns and qualifications of Its own members. Art. United States as Improper. 8i88ipJ>i. 456 U.S. 742 <1982>. I, I 5, cl. l." See also 279 U.S. at 616: "In exercising 10016 CONGRESSIONAL RECORD-HOUSE May 1, 1985 b. This underscores some of the other cri­ The other case relied upon by plaintiffs is d. Indiana is asking more than that the teria for political questions set out in Baker Barry v. United States ex reL Cunningham, House's determination of the election be v. Carr. Judicial review in this case would 279 U.S. 597 <1929). There again, however, it overturned; it seems to be praying that the repeat precisely the job which has been was not ruled that scrutiny by a house of House be precluded even from reviewing the committed to the House of Representatives Congress of election returns was judicially State of Indiana's determination of that in the first instance, thereby "expressing reviewable. On the contrary: the Court indi­ election. The assertion is apparently that lack of respect due coordinate branches of cated repeatedly in dicta that it would not the House must accept the State's certifica­ government • • •." 369 U.S. at 217. For the be. In ruling that the Senate could subpoe­ tion of the election returns, or it will violate same reason, judicial review here necessarily na witnesses in the course of investigating Indiana's constitutional right to determine contains "the potentiality of embarrassment an election, the Court said that the judici­ the "Times, Places, and Manner of holding from multifarious pronouncements by vari­ ary could intervene in such cases only upon Elections for Senators and Representatives ous departments on one question." Ibid. As a clear showing that due process was being • • •."Art. I, § 4, Cl. 1. This cannot be right, the Court in Baker v. Carr pointed out, the denied-and stated that the Senate's ulti­ for it would contradict the more specific earmark of a classic political question is the mate judgment on elections was "beyond constitutional provision that "Ce1ach House presence of pronounced separation of the authority of any other tribunal to shall be the Judge of the Elections, Returns powers problems. 369 U.S. at 210. review." Id.. at 613. Similarly, the Court and Qualifications of its own Members Those separation of powers concerns are wrote that, when a member-elect to the • • •."See Roudebush v. Hartke, 405 U.S. at further dramatized here by the remedies Senate presented himself there (id. at 614): 25-26. The Court said in Barry v. United plaintiff seeks. They include forcing the "the jurisdiction of the Senate to determine States, 279 U.S. at 613, that in "exercising Speaker of the House to administer an oath the rightfulness of the claim was invoked this power Cof reviewing elections], the of office, compelling the House of Repre­ and its power to adjudicate such right at­ Senate may, of course, devolve upon a com­ sentatives to seat Mr. Mcintyre, and requir­ tached by virtue of section 5 of Article I of mittee of its members the authority to in­ ing the officers of the House to provide him the Constitution. Whether, pending this ad­ vestigate and report; and this is the general, all the "rights, privileges, powers, emolu­ judication, the credentials should be accept­ if not the uniform, practice." 11 ments, and services" of a Member. To say ed, the oath administered, and the full right that the enforcement of such a decree accorded to participate in the business of Plaintiff insists that the state certification would express "lack of respect" for the the Senate, was a matter within the discre­ be afforded a "presumption of validity." But House and create a "potentiality for embar­ tion of the Senate." that is really up to each house, as the judge rassment" is a gross understatement. The The Court went on to give one example, of its election returns. In any event, the extent to which judicial relief would necessi­ "Ca1mong the typical cases in the House, House may well be affording Just such a tate unseemly judicial interference in the where that body refused to seat members in presumption, albeit it is unwilling to risk business of the political branches is of advance of the investigation although pre­ seating and then unseating the Representa­ course a valid consideration in justiciability senting credentials unimpeachable in form tive from the Eighth Congressional District matters generally. Cf. Allen v. Wright, No. • • •." Id. at 615 n. •. Finally, the Court of Indiana. Plaintiff also stresses that there 81-757 : "Which candidate Cof the two in the tions, in any event, are two-edged; as the sought would be justiciable. Id. at 517-518, disputed election] is entitled to be seated in Court said in Barry v. United States, supra, 550. Moreover, the Court also observed; the Senate is, to be sure, a nonJusticiable "CT1he presumption in favor of regularity, "CF1ederal courts might still be barred by political question-a question that would which applies to the proceedings of courts, the political question doctrine from review­ not have been the business of this Court cannot be denied to the proceedings of the ing the House's factual determination that a even before the Senate voted. CCitation to Houses of Congress, when acting upon mat­ member did not meet one of the standing Powell v. McCormack omitted.]" Hartke pre­ ters within their constitutional authority." qualifications. This is an issue not presented sented the mirror image of this case: the ap­ 279 U.S. at 619. in this case and we express no view as to its parently victorious candidate was seeking to The clarity with which this controversy resolution." Id. at 521 n.42. The same plain­ prevent a recount by invoking the Senate's presents a political question is remarkable. ly applies to the House's review of "Elec­ Article l, § 5 power, and arguing that a re­ The House should be left to continue its re­ tions" and "Returns" as well, listed together count by the State would undercut the Sen­ count and Judge the elections and returns of with "Qualifications" in Article I, § 5. 4 ate's authority. In allowing the recount, the its own Members. What Powell did deal with was whether the Court acknowledged that the "State's verifi­ 2. The political question issue aside, the Court could define what the Constitution cation of the accuracy of election results Court should exercise its discretion in favor meant in Article I, § 5, when it said "Qualifi­ pursuant to its Art. I, § 4 powers is not total­ of declining to hear the case. cations." There is no like question in this ly separate from the Senate's power to The Court's jurisdiction here is neither case about the meaning of "Elections" and judge elections and returns," but made clear exclusive, 28 U.S.C. 1251(b)(2), nor manda­ "Returns." that the Senate could review those returns, tory. It has consistently been the Court's as the House is doing in the instant matter: philosophy that its original Jurisdiction "The Senate is free to accept or reject the should be exercised "sparingly." See, e.g., the power to judge the elections, returns and quali­ apparent winner • • •, and, if it chooses, to Artzona v. New Me:tico, 425 U.S. 794, 796 fications of its members, the Senate acts as a judi­ conduct its own recount" (405 U.S. at 25-26) United States Nevada, cial tribunal • • •." <1976); v. 412 U.S. The Court again alluded to this special function . The Court pointed out 534, 538 (1973>; lllinois v. City of Mtlwau­ in Buckley v. Valeo, 424 U.S. 1, 133 <1976>: "[Article that "Ct1he Senate itself has recounted the kee, 406 U.S. 91, 93 (1972>; Ohio v. WJ1an­ I,l Section 5 confers • • • a power 'judicial in char­ votes in close elections in States where dotte Chemical Corp.., 401 U.S. 493, 501 acter' upon each House of the Congress [citation to there was not recount procedure" ; Utah v. United States, 394 U.S. 89, 95 Barry v. Cunningham omitted]." n.24) . tion of evidence in election disputes, it was unlikely on the ground that the Court should have enjoined • With regard to plaintiff's claim that it is being that the statute in question allowed the Senators the state's recount so that the Senate could be sure deprived of its right to representation, Barry is also there to ask the courts to do so: "[The Senate] is that the ballots were reviewed in pristine form. The relevant <279 U.S. at 615-616>: "Not is there merit the Judge of the elections, returns, and qualifica­ partial dissent stated <405 U.S. at 30), that 'CtJhe in the suggestion that the effect of the refusal of tions of its members. Art. I, § 5. It is fully empow­ parties before the Court are apparently in agree­ the Senate to seat Ca member] pending investiga­ ered, and may determine such matters without the ment that • • • there has been a "textually demon­ tion was to deprive the state of its equal representa­ aid of the House of Representatives or the Execu­ strable constitutional commitment' to the Senate of the decision CwhoJ fusal of the Senate to seat a member pending in­ wrote that had the dispute there been over wheth­ • • • received more votes. Our case law agrees." quiry as to his election or qualifications is the nec­ er an elected candidate met one of the qualifica­ The dissent then went on to discuss Barry v. Cun­ essary consequence of the exercise of a constitu­ tions set out in the Constitution, then "the House ningham, aupra, and Reed v. Count11 Comm'n, 277 tional power, and no more deprives the state of its is the sole Judge." 395 U.S. at 552, citing Baker v. U.S. 376 <1928), concluding that "where all that la "equal suffrage" in the constitutional sense than Carr, 369 U.S. at 242 n.2 Again, presumably the at stake is a determination of which candidates at­ would a vote of the Senate vacating the seat of a same would be true for "Elections" and "Returns." tracted the greater number of ballots, each Chousel sitting member or a vote of expuls~on." May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10017 <1969); and Massachusetts v. Missouri. 308 ROGER CLEGG, Mr. PANETI'A. Allow me to com­ U.S. l, 18-20 <1939). The Court exercises Attorney. plete my statement, please. this discretion in the light of its increasing APRIL 1985. The clerks were supposed to act as a appellate docket-lllinois v. City of Milwau­ Mr. P ANET!'A. Mr. Speaker, I dam to prevent those illegal ballots kee, 406 U.S. at 93-94; Washington v. Gener­ regret that there are obviously larger al Motors Corp., 406 U.S. 109, 113 <1972>; Ar­ from going out to the precincts. A few izona v. New Mexico, 425 U.S. at 797-and, issues that go beyond the Eighth Dis­ of those ballots seeped through the more generally, "with an eye to promoting trict that are involved here that relate dam, and now what the Republicans the most effective functioning of tllis Court to abuse of the minority and the feel­ argue is that we ought to blow up the within the overall federal system.'' Texas v. ing that that is the case. Unfortunate­ dam and let the rest of the illegal bal­ New Mexico, 462 U.S. 554, 570 <1983). ly, I think that poisons the atmos­ lots that were retained by the clerks The Court noted in lllinois v. City of Mil­ phere in tenns of being able to weigh waukee, 406 U.S. at 93, that what is "appro­ the facts that are presented here in a be counted. priate" for the Court to hear in the exercise fair and objective way. I regret that, It is my view that we ought to re­ of its original jurisdiction involves both "the but that is the case. spect the performance of those clerks seriousness and dignity of the claim" and Nevertheless, I urge Members to who held those illegal ballots and did "the availability of another forum where not forward them on to the precincts. there is jurisdiction over the named parties, please look at the report and please where the issues may be litigated, and look at the facts that are involved Yes, there were judgments made where appropriate relief may be had." See here. here. Let us make no question about Maryland v. Louisiana, 451 U.S. 725, 739- The issue that is raised on the re­ it. Every time you deal with an elec­ 740 <1981>; Arizona v. New Mexico, 425 U.S. committal will relate to the ballot tion, there are judgments that have to at 796-797. This case fails to meet either cri­ issue, the illegal ballots that were not be made on a variety of issues and we terion. The immediacy of the claim-an im­ did that over 9 weeks. The GAO audi­ portant part of its "seriousness"-is under­ counted. Let me speak to that. mined by the fact that the House is now in At no time-at no time-did the task tors went to 233,000 ballots. They had the process of recounting the ballots, and it force intend to count illegal votes. At to make judgments. The teams had to is very much in doubt what the outcome no time, under House precedent or make judgments. We on the task force will be. The Court cited similar ripeness under any other rule. Our basic ap­ had to make judgments. problems in declining to assert its original proach was not to count illegal votes. Some of the ballots were counted, jurisdiction in United States v. Nevada, 412 Absentee ballots that are not author­ some were not, based on those judg­ U.S. at 540. ized and not signed are illegal votes. There are available, moreover, other judi­ ments. The question you have to ask cial forums for this dispute. It is, in fact, al­ We never intended to count those as Members of this House is: Were ready being litigated in the District of Co­ votes. those judgments justified, reasonable, lumbia Circuit, where it has been heard by What happened was, we found a mis­ and supported by House precedent? the District Court on an expedited basis, take, an error, not by the task force, The House precedent, when it comes and has now been briefed for the appellate not by the majority, but by the elec­ to counting illegal votes, is that you do court on an expedited schedule. Mcintyre v. tion officials in Indiana who, by mis­ a proportional reduction on the ones O'Neill, dismissed, Civ. No. 85-0528 CD.D.C. take, sent some 62 of those illegal bal­ that are counted. That is what the Mar. l, 1985), appeal docketed, No. 85-5212 lots out to the precincts. Fifty-two of CD.C. Cir. Mar. l, 1985). One plaintiff in House precedent is, if you want to that case is suing as a voter from the Eighth those were counted. That was a mis­ know what the law is with regard to District. Also, relief against the House es­ take. It should not have happened. those ballots. And if we did a propor­ sentially identical to that sought here is Once those 52 were counted, they were tional reduction or took those 10 votes asked for. Indiana itself is not precluded intermingled with other valid ballots. out, who would be the winner? from bringing an action in another forum; There was no way to go back and cor­ Mccloskey would be the winner, be­ nor does it appear to have been prevented rect that mistake. Ten were out there cause those ballots inured to the bene­ from joining the action now in progress in that were also at the precinct level. fit of Mr. Mcintyre. the District of Columbia Circuit. This Court One of those was open and not count­ could properly decline to exercise its juris­ So for that reason, my view was that diction, in any event, so long as the "issues" ed. we do not do a proportional reduction are being litigated in another forum and In­ It was our feeling and, frankly, the because I know what the attack would diana's "interests" will be "represented" gentleman from California [Mr. have been. "That is a very inexact there. See Arizona v. New Mexico, 425 U.S. THOMAS], agreed with us, that there is tool, and you hurt our candidate." So at 797; Maryland v. Louisiana, 451 U.S. at the potential for mischief when a pre­ we did not use that tool. In tenns of 743. Given the relief sought and the parties cinct worker can look at the name on represented, that is the situation here. that absentee ballot and decide wheth­ the proportional reduction, we count­ As the Court said in United States v. er or not that individual will be count­ ed the 10 and drew the line at that Nevada, 412 U.S. at 538, "We seek to exer­ class with regard to the ballots that cise our original jurisdiction sparingly and ed. In particular, when an envelope is were at the precinct, and that is sup­ are particularly reluctant to take jurisdic­ opened and that particular vote has ported by House precedent and, inci­ tion of a suit where the plaintiff has an­ not been counted. dentally, it is supported by Mr. Shum­ other adequate forum in which to settle his Mr. PASHAYAN. Mr. Speaker, will claim." See Maryland v. Louisiana, 451 U.S. the gentleman yield? way. There have been comments here at 744; lllinois v. City of Milwaukee, 406 Mr. P ANET!'A. Please let me finish that Mr. Shumway would support a re­ U.S. at 93; Washington v. General Motors my statement. count. Let me read to you from a Corp., 406 U.S. at 114; Massachusetts v. Mts­ letter that he sent to me yesterday I < Mr. Speaker, as a result of that, it souri. 308 U.S. at 19-20. In sum, the State of was our feeling that a mistake had stating: Indiana has wholly failed to establish the been made. Unfortunately, there were There have been remarks that I would "practical necessity" required for invoking additional ballots at the precinct level have counted those absentee ballots. I this Court's original jurisdiction. Texas v. would like to have the record accurately re­ New Mexico, 462 U.S. 554, 570 (1983>. that were subject to mischief and, therefore, that those votes ought to flect my position. I would say invalid bal­ Conclusion lots, whether absentee or otherwise, should The motion for leave to file an original also be counted, and as you know, they not be counted. complaint in this Court should be denied. counted six, three, and one in favor of Respectfully submitted. Mr. Mcintyre. That is Mr. Shum.way's position with REXE.LEE, The role of the task force, it seems regard to this issue. Solicitor General. to me, is to limit mistakes, not com­ One final reflection: If Mr. Mcintyre RICHARD K. WILLARD, pound mistakes. Those clerks were to had won this race, none of this would Acting Assistant Attorney General. serve-- have been an issue. Make no mistake LoUIS F. CLAIBORNE, Mr. THOMAS of California. Mr. about it. This would not be an issue Deputy Solicitor Speaker, will the gentleman yield on a that would have been raised at this General. point of error? On a point of error? time. Had we counted these illegal

) . 10018 CONGRESSIONAL RECORD-HOUSE May 1, 1985 votes and Mcintyre was not ahead, do Crane LaFalce Rinaldo Levin Owens Staggers Dannemeyer Lagomarsino Ritter Levine Panetta Stallings you think they would have stopped Daub Latta Roberts Upinski Pease Stark there? They would have argued that Davis Lent Rogers Lloyd Penny Stenholm we continue to count illegal votes, the DeLay Lewis Roth Long Pepper Stokes deceased votes, the late-arriving bal­ DeWine Lewis Roukema Lowry Perkins Stratton Dickinson Ughtfoot Rowland Luken Pickle Studds lots, until Mr. Mcintyre had somehow DioGuardi Uvingston Rudd Lundine Price Swift won. Doman Loeffler Saxton MacKay Rahall Synar The fact is that in looking at this Dreier Lott Schaefer Manton Rangel Tallon Duncan Lowery Schneider Markey Ray Tauzin election, the argument that now we Eckert Lujan Schuette Martinez Reid Thomas ought to count these illegal ballots, do Edwards Lungren Schulze Matsui Richardson Torres we want this election to turn on count­ Emerson Mack Sensenbrenner Mavroules Robinson Torricelli ing illegal votes? Would Mr. Mcclos­ Evans Madigan Shaw McCUrdy Rodino Towns Fawell Marlenee Shumway McHugh Roe Traficant key or Mr. Mcintyre want this election Fiedler Martin Shuster Mica Roemer Traxler to count based on counting illegal Fields Martin SilJander Mikulski Rose Udall votes? Is that something we want to Fish Mazzoli Skeen Miller Rostenkowski Valentine Franklin McCain Slaughter Mineta Rowland Vento justify? I do not think so. Frenzel McCandless Smith Mitchell Roybal Vlsclosky The 10 votes made no difference. As Gallo McCollum Smith Moakley Russo Volkmer I said, Mccloskey, if we took those 10 Gekas McDade Smith Schroeder Weiss ask as chairman of this task force. Gradison McKinney Snyder Mrazek Schumer Wheat The decisions were justified. They Green McMillan Solomon Murphy Seiberling Whitley Gregg Meyers Spence Murtha Sharp Whitten were supported, and they were right, Grotberg Michel Stangeland Natcher Shelby Williams and Mr. McCloskey ought to be seated. Hammerschmidt Miller Strang Neal Sikorski Wilson Mr. Speaker, I yield back the bal­ Hansen Miller Stump Nelson Sislsky Wirth Hartnett Molinari Sundquist Nichols Skelton Wise ance of my time. Hendon Monson Sweeney Nowak Slattery Wolpe Mr. Speaker, I move the previous Henry Moore Swindall Oakar Smith Wright question on the resolution. Hiler Moorhead Tauke Oberstar Smith Wyden Hillis Morrison Taylor Obey Solarz Yates MOTION TO RECOMMIT OFFERED BY MR. FRENZEL Holt Myers Thomas Olin Spratt Yatron Mr. FRENZEL. Mr. Speaker, I offer Hopkins Nielson VanderJagt Ortiz St Germain YoungCMO> a motion to recommit with instruc­ Horton O'Brien Vucanovich Hunter Oxley Walker NOT VOTING-4 tions. Hyde Packard Weber Gunderson Leach CIA> The SPEAKER pro tempore. Is the Ireland Parris Whitehurst Huckaby Weaver gentleman opposed to the resolution? Jeffords Pashayan Whittaker Johnson Petri Wolf 0 1600 Mr. FRENZEL. I am, Mr. Speaker. Kasich Porter Wortley The SPEAKER pro tempore. The Kemp Pursell Wylie Mr. MURPHY and Mr. MICA Clerk will report the motion. Kindness Quillen Young changed their votes from "yea" to The Clerk read as follows: Kolbe Regula Young Kramer Ridge Zschau "nay." Mr. FRENZEL moves to recommit H. Res. Mr. SCHAEFER changed his vote 146 to the Committee on House Administra­ NAYS-246 from "nay" to "yea." tion with instructions that the Committee Ackerman Collins Gaydos So the motion to recommit was be directed to count the otherwise valid un­ Addabbo Conyers GeJdenson rejected. notorized absentee ballots identified by the Akaka Cooper Gephardt Task Force on the Indiana Eighth Congres­ Alexander Coyne Gibbons The result of the vote was an­ sional District in Orange, Lawrence, Daviess Anderson Crockett Glickman nounced as above recorded. and Greene Counties and when that count Andrews Daniel Gonzalez The SPEAKER. The question is on Annunzlo Darden Gordon the resolution. is completed the Committee will certify the Anthony Daschle Gray winner and report their findings immediate­ Aspin de la Garza Gray CPA> The question was taken; and the ly to the House. Atkins Dellums Guarini Speaker announced that the ayes ap­ The SPEAKER pro tempore. With­ AuCoin Derrick HallCOH> peared to have it. Barnard Dicks Hall, Ralph out objection, the previous question is Barnes Dingell Hall, Sam Mr. FRENZEL. Mr. Speaker, on that ordered on the motion to recommit. Bates Dixon Hamilton I demand the yeas and nays. There was no objection. Bedell Donnelly Hatcher The yeas and nays were ordered. Beilenson Dorgan Hawkins The SPEAKER pro tempore. The Bennett Dowdy Hayes The vote was taken by electronic question is on the motion to recommit. Berman Downey Hefner device, and there were-yeas 236, nays The question was taken; and the Bevill Durbin Heftel 190, answered "present" 2, not voting Speaker pro tempore announced that Biaggi Dwyer Hertel 5, as follows: Boggs Dymally Howard the noes appeared to have it. Boland Dyson Hoyer CRoll No. 911 Mr. FRENZEL. Mr. Speaker, on that Boner Early Hubbard YEAS-236 I demand the yeas and nays. Bonlor Eckart Hughes Bonker Edgar Hutto Ackerman Boggs Clay The yeas and nays were ordered. Borski Edwards Jacobs Addabbo Boland Coelho The vote was taken by electronic Bosco English Jenkins Akaka Boner Coleman device, and there were-yeas 183, nays Boucher Erdreich Jones Alexander Bonlor Collins 246, not voting 4, as follows: Boxer Evans Jones Anderson Bonker Conyers Breaux Fascell Jones · Andrews Borski Cooper CRoll No. 901 Brooks Fazio KanJorski Annunzlo Bosco Coyne Anthony Boucher Crockett YEAS-183 Brown Feighan Kaptur Bruce Flippo Kastenmeier Applegate Boxer Daniel Applegate Boehlert Cheney Bryant Florio Kennelly Aspin Breaux Darden Archer Boulter Clinger Burton Foglletta Klldee Atkins Brooks Daschle Armey Broomfield Coats Bustamante Foley Kleczka AuCoin Brown de la Garza Badham Brown Cobey Byron Ford Kolter Barnes Bruce Dellum& Bartlett Broyhill Coble Carper Ford Kostmayer Bates Bryant Derrick Barton Burton Coleman Carr Fowler Lantos Bedell Burton Dicks Bateman Callahan Combest Chappell Frank Leath Bellenson Bustamante Dingell Bentley Campbell Conte Clay Frost Lehman Bennett Byron Dixon Bereuter Camey Coughlin Coelho Fuqua Lehman Berman Carper Donnelly Billrakis Chandler Courter Coleman Garcia Leland Bevill Carr Dorgan Bliley Chappie Craig Biaggi Chappell Dowdy May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10019 Downey Kostmayer Rostenkowski Marlenee Petri Smith, Robert Bllley Hiler Petri Durbin Lantos Rowland Martin Porter Snowe Boehlert Hillis Porter Dwyer Lehman Roybal Martin Pursell Snyder Boulter Holt Pursell Dymally Lehman Russo Mazzoli Quillen Solomon Broomfield Hopkins Quillen Dyson Leland Sabo McCain Regula Spence Broyhill Horton Regula Early Levin Savage McCandless Ridge Stallings Burton Hunter Ridge Eckart Levine Scheuer McCollum Rinaldo Stangeland Callahan Hyde Rinaldo Edgar Lipinski Schroeder McDade Ritter Stenholm Campbell Jeffords Ritter Edwards Lloyd Schumer McEwen Roberts Strang Camey Johnson Roberts Erdreich Long Seiberling McGrath Rogers Stump Chandler Kasich Rogers Evans Lowry Sharp McKeman Roth Sundquist Chapple Kemp Roth Fascell Luken Shelby McKinney Roukema Sweeney Cheney Kindness Roukema Fazio Lundine Sikorski McMillan Rowland Swindall Clinger Kolbe Rowland Feighan MacKay Sisisky Meyers Rudd Tauke Coats Kramer Rudd Flippo Manton Skelton Michel Saxton Taylor Cobey Lagomarsino Saxton Florio Markey Slattery Miller Schaefer Thomas Coble Latta Schaefer Foglietta Martinez Smith Miller Schneider VanderJagt Coleman Leach Schneider Foley Matsui Smith Molinari Schuette Vucanovich Combest Lent Schuette Ford Mavroules Solarz Monson Schulze Walker Conte Lewis Schulze Ford McCurdy Spratt Moore Sensenbrenner Weber Coughlin Lewis Sensenbrenner Fowler McHugh St Germain Moorhead Shaw Whitehurst Courter Lightfoot Shaw Frost Mica Staggers Morrison Shumway Whittaker Craig Livingston Shumway Fuqua Mikulski Stark Nielson Shuster Wolf Crane Loeffler Shuster Garcia Miller Stokes O'Brien Siljander Wortley Dannemeyer Lott SllJander Gaydos Mineta Stratton Olin Skeen Wylie Daub Lowery Skeen OeJdenson Mitchell Studds Oxley Slaughter Young Davis Lujan Slaughter Gephardt Moakley Swift Packard Smith Young DeLay Lungren Smith Gibbons Mollohan Synar Parris Smith Zschau DeWine Mack Smith Glickman Montgomery Tallon Pashayan Smith Dickinson Madigan Smith Gonzalez Morrison Tauzin Penny Smith, Denny DioOuardi Marlenee Smith, Denny Gordon Mrazek Thomas Doman Martin Smith, Robert Gray Murphy Torres ANSWERED ''PRESENT''-2 Dreier Martin Snowe Oray Murtha Torricelli English Frank Duncan McCain Snyder Guarini Natcher Towns Eckert McCandless Solomon Hall Neal Traficant NOT VOTING-5 Edwards Mccollum Spence Hamilton Nelson Traxler Gunderson Moody Weaver Emerson McDade Stangeland Hatcher Nichols Udall Huckaby Myers Evans McEwen Strang Hawkins Nowak Valentine Fawell McGrath Stump Hayes Oakar Vento D 1620 Fiedler- McKeman Sundquist Hefner Oberstar Visclosky Fields McKinney Sweeney Heftel Obey Volkmer So the resolution was agreed to. Fish McMillan Swindall Hertel Ortiz Walgren The result of the vote was an­ Franklin Meyers Tauke Howard Owens Watkins Frenzel Michel Taylor Hoyer Panetta Waxman nounced as above recorded. Gallo Miller Thomas Hubbard Pease Weiss A motion to reconsider was laid on Gekas Miller VanderJagt Hughes Pepper Wheat the table. Oilman Molinari Vucanovich Hutto Perkins Whitley Gingrich Monson Walker Jacobs Pickle Whitten Goodling Moore Weber Jenkins Price Williams MOTION TO ADJOURN Oradison Moorhead Whitehurst Jones Rahall Wilson Green Morrison Whittaker Jones Rangel Wirth The SPEAKER. For what purpose Gregg Myers Wolf Jones Ray Wise does the gentleman from Illinois CMr. Grotberg Nielson Wortley KanJorsld Reid Wolpe Hammerschmidt O'Brien Wylie Kaptur Richardson Wright MICHEL] rise? Hansen Oxley Young Kastenmeier Robinson Wyden Mr. MICHEL. Mr. Speaker, in view Hartnett Packard Young Kennelly Rodino Yates of that vote, the last vote, I move that Hendon Parris Zschau Klldee Roe Yatron Henry Pashayan Kleczka Roemer Young we adjourn. Kolter Rose The SPEAKER. Would the gentle­ NAYS-248 man withhold until the Chair has had Ackerman Bustamante Evans NAYS-190 an opportunity to swear in Mr. Addabbo Byron Fascell Archer Dannemeyer Hendon Mccloskey? Akaka Carper Fazio Armey Daub Henry Alexander Carr Feighan Badham Davis Hiler Mr. MICHEL. No, Mr. Speaker. Our Anderson Chappell Flippo Barnard DeLay Hillis purpose is to adjourn immediately in Andrews Clay Florio Bartlett DeWine Holt keeping with the precedent of the Annunzio Coelho Foglietta Barton Dickinson Hopkins Democratic Party back in 1890. Anthony Coleman Foley Bateman DioOuardi Horton Applegate Collins Ford Bentley Doman Hunter The SPEAKER. The gentleman ap­ Aspin Conyers Ford Bereuter Dreier Hyde preciates the fact that the motion is Atkins Cooper Fowler Blllrakis Duncan Ireland not debatable. AuCoin Coyne Frank Bllley Eckert Jeffords Barnard Crockett Frost Boehlert Edwards Johnson Mr. MICHEL. I understand, Mr. Barnes Daniel Fuqua Boulter Emerson Kasich Speaker. Bates Darden Garcia Broomfield Evans Kemp The SPEAKER. The question is on Bedell Daschle Gaydos Brown Fawell Kindness the motion to adjourn offered by the Bellenson de la Garza OeJdenson Broyhill Fiedler Kolbe Bennett Dellums Gephardt Burton Fields Kramer gentleman from Illinois CMr. MICHEL]. Berman Derrick Gibbons Callahan Fish LaFalce The question was taken; and the Bevill Dicks Glickman Campbell Franklin Lagomarsino Speaker announced that the noes ap­ Biaggl Dingell Gonzalez Camey Frenzel Latta Boggs Dixon Gordon Chandler Gallo Leach peared to have it. Boland Donnelly Oray Chappie Gekas Leath Mr. MICHEL. Mr. Speaker, on that I Boner Dorgan Oray Cheney Oilman Lent demand the yeas and nays. Bonior Dowdy Guarini Clinger Gingrich Lewis The yeas and nays were ordered. Bonker Downey Hall Coats Goodling Lewis Borski Durbin Hall, Ralph Cobey Oradison Lightfoot The votes was taken by electronic Bosco Dwyer Hall,Sam Coble Green Livingston device, and there were-yeas 179, nays Boucher Dymally Hamilton Coleman Gregg Loeffler 248, not voting 6, as follows: Boxer Dyson Hatcher Combest Grotberg Lott Breaux Early Hawkins Conte Hall, Ralph Lowery CRoll No. 92] Brooks Eckart Hayes Coughlin Hall, Sam Lujan YEAS-179 Brown Edgar Hefner Hammerschmidt Lungren Bruce Edwards Heftel Courter Bartlett Bentley Craig Hansen Mack Archer Bryant English Hertel Hartnett Madigan Armey Barton Bereuter Burton Erdreich Howard Crane Badham Bateman Blllrakis 10020 CONGRESSIONAL RECORD-HOUSE May 1, 1985 Hoyer Montgomery Sisisky EXECUTIVE ORDER PROHIBIT- APPOINTMENT AS MEMBERS OF Hubbard Moody Skelton Hughes Morrison Slattery ING TRADE AND CERTAIN THE BOARD OF DIRECTORS OF Hutto Mrazek Smith OTHER TRANSACTIONS IN- GALLAUDET COLLEGE Jacobs Murphy Smith VOLVING NICARAGUA-MES- Jenkins Murtha Solarz The SPEAKER. Pursuant to the Jones Natcher Spratt SAGE FROM THE PRESIDENT provisions of section 5, Public Law 83- Jones Neal St Germain OF THE UNITED STATES (H. 420, as amended, the Chair appoints as Jones Nelson Staggers DOC. NO. 99-65) KanJorski Nichols Stallings members of the Board of Directors of Kaptur Nowak Stark The SPEAKER laid before the Gallaudet College the following Mem­ Kasteruneier Oakar Stenholm House the following message from the bers on the part of the House: Kennelly Oberstar Stokes Kildee Obey Stratton President of the United States; which Mr. BONIOR of Michigan; and Kleczka Olin Studds was read and, together with the ac­ Mr. GUNDERSON of Wisconsin. Kolter Ortiz Swift companying papers, referred to the Kostmayer Owens Synar Committee on Foreign Affairs and or­ La.Falce Panetta Tallon dered to be printed: FURTHER LEGISLATIVE Lantos Pease Tauzin PROGRAM Leath Penny Thomas Pepper Torres Perkins Torricelli Senate of today, Wednesday, May l, Leland Pickle Towns 1985.) permission to address the House for 1 Levin Price Traficant minute.> Levine Rahall Traxler Mr. WRIGHT. Mr. Speaker, I have Lipinski Rangel Udall asked to proceed for the purpose of Lloyd Ray Valentine APPOINTMENT AS MEMBERS OF Long Reid Vento THE U.S. GROUP OF THE announcing our purpose with respect Lowry Richardson Visclosky NORTH ATLANTIC ASSEMBLY to the legislative program. Luken Robinson Volkmer It had been our intention at this Lundine Rodino Walgren The SPEAKER. Pursuant to the point, after recognition of our new MacKay Roe Watkins provisions of 22 U.S.C. 1928a, the Manton Roemer Waxman Member, Mr. MCCLOSKEY, that we Markey Rose Weiss Chair appoints as members of the U.S. would take up the State Department Martinez Rostenkowski Wheat Group of the North Atlantic Assembly authorization bill. The White House Matsui Rowland Whitley the following Members on the part of Mavroules Roybal Whitten and the State Department have been Mazzoll Russo Wilson the House: asking that we do so. But rather than McCUrdy Sabo Wirth / Mr. FAscELL of Florida, chairman; taking it up this afternoon in the ab­ McHugh Savage Wise Mica Scheuer Wolpe Mr. RosE of North Carolina, vice sence of our colleagues, we will plan to Mikulski Schroeder Wright chairman; take it up tomorrow and at least have Miller Schumer Wyden Mr. BROOKS of Texas; the general debate on the bill tomor­ Seiberling Yates Mineta Mr. ANNUNZIO of Illinois; row, at which time we trust that our Mitchell Sharp Yatron absent colleagues will have returned Moakley Shelby Young Mr. HAMILTON of Indiana; Mollohan Sikorski and be prepared to join in a responsi­ Mr. GARCIA of New York; ble, bipartisan approach to this impor­ NOT VOTING-6 Ms. OAKAR of Ohio; tant business of the House. Brown Huckaby Weaver It is our purpose that the ongoing Gunderson Ireland Williams Mrs. BURTON of California; Mr. BROOMFIELD of Michigan; business of the House will be conduct­ 0 1640 Mr. WHITEHURST of Virginia; ed with dignity and with respect for the rights of one another and that we Mr. CONTE changed his vote from Mr. O'BRIEN of Illinois; and shall continue in a constructive way "nay" to "yea." Mr. BADHAM of California. tomorrow. Mr. SMITH of Iowa and Mr. So that would be our purpose, Mr. BREAUX changed their votes from Speaker, that tomorrow we would en­ "yea" to "nay." APPOINTMENT AS MEMBERS OF tertain the general debate on the THE U.S. DELEGATION OF THE State Department authorization. So the motion to adjourn was reject­ MEXICO-UNITED STATES IN­ ed. Mr. SOLOMON. Mr. Speaker, will TERPARLIAMENTARY GROUP the gentleman yield on that issue, The result of the vote was an­ FOR THE lST SESSION OF THE nounced as above recorded. please? 99TH CONGRESS Mr. WRIGHT. Yes; I will be glad to The SPEAKER. Pursuant to the yield to the distinguished gentleman. SWEARING IN OF THE HONORA­ provisions of 22 U.S.C. 276h, the Chair Mr. SOLOMON. As a member of the BLE FRANK McCLOSKEY OF IN­ appoints as members of the U.S. dele­ subcommittee interested in that legis­ DIANA AS A MEMBER OF THE gation of the Mexico-United States In­ lation, is it the gentleman's intention HOUSE terparliamentary Group for the 1st that we will only have the debate and session of the 99th Congress the fol­ that there is no chance of going into The SPEAKER. It is the intention lowing Members on the part of the the 5-minute rule on amendments? at this particular time to have the In­ House: Mr. WRIGHT. I think probably we diana delegation present to the House Mr. DE LA GARZA of Texas, chairman; will just have the general debate. I the elected candidate. Mr. YATRON of Pennsylvania, vice think there ought to be some general Mr. McCLOSKEY appeared at the chairman; agreement on both sides of the aisle. It is not our purpose to make a fiat bar of the House and took the oath of Mr. ALEXANDER of Arkansas; office. that would determine that we would Mr. RA_NGEL of New· York; go into the votes on amendments. If The SPEAKER. The gentleman is a Mr. LELAND of Texas; we had been able to complete general Member of the Congress of the United debate today, it would have been nice; States. Mr. COLEMAN of Texas; Mr. LAGOMARSINO of California; we could have saved an extra day and gone into the amending process tomor­ Mr. DREIER of California; row. Under the circumstances, howev­ Mr. LoEFFLER of Texas; er, I think probably general debate to­ Mr. DELAY of Texas; and morrow may be all that we would hope Mr. McCAIN of Arizona. to accomplish. Tomorrow is, however, May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10021 Thursday, and I would encourage The Clerk called the committees. Mr. CONTE. Members to be here and be present. If Mr. MOORHEAD. we conclude general debate at a rea­ LEAVE OF ABSENCE Mr. LIGHTFOOT. sonable hour and there is a reasonable Mr.MCDADE. sense that there have been no dilatory By unanimous consent, leave of ab­ Mr. SOLOMON in two instances. motions or attempts to obstruct the sence was granted to: Mr. GUNDERSON Cat the request of Mr. GOODLING. proceedings of the House in its orderly Mr. LAGOMARSINO. conduct of its business, then we might Mr. MICHEL), for today on account of a expect to adjourn over until Monday, death in the family. Mr. JEFFORDS. and then, at a time when tempers Mr. WEAVER Cat the request of Mr. Mr. COURTER in two instances. have cooled and sober, solemn second WRIGHT), for this week, on account of Mr. LoWERY of California. thoughts have prevailed and people illness. Mr. CHANDLER. can come back in here with clear Mr. LEACH of Iowa. heads and clear eyes, then we could SPECIAL ORDERS GRANTED Mr. DUNCAN. proceed at that time with consider­ the gentleman yield for one further legislative program and any special Mr. EVANS of Illinois. question? orders heretofore entered, was granted Mr. CARR. Mr. WRIGHT. I yield to the gentle­ to: (The following Membei;s Cat the re­ Mr. FEIGHAN in three instances. man from New York. Mr. ROSTENKOWSKI. Mr. SOLOMON. The reason I asked quest of Mr. LoEFFLER) to revise and the question, both subcommittees of extend their remarks and include ex­ Mr. ROYBAL in two instances. the Foreign Affairs Committee and traneous material:> Mr. MARTINEZ. the full committee are planning meet­ Mr. HENDON, for 60 minutes, today. Mr. RANGEL in two instances. ings tomorrow, and if we are going to Mr. WALKER, for 60 minutes, today. Mr. DWYER of New Jersey. have amendments, I would hope that Mr. GROTBERG, for 5 minutes, today. Mr. JoNEs of Oklahoma. the majority and the minority could Mr. MYERS of Indiana, for 60 min- Mr. STALLINGS. come to an agreement as to whether utes, today. Mr. FASCELL in two instances. we were going to go under the 5- Mr. KOLBE, for 60 minutes, May 14. Mr. YATRON. minute rule, because we would have to (The following Members Cat the re­ Mr. UDALL in two instances. at that time object to these commit­ quest of Mr. HOYER) to revise and extend their remarks and include ex­ Mr. FAUNTROY. tees meeting during those, and we do Mr. TORRES. not want to do that. traneous material:> Mr. ALEXANDER, for 5 minutes, today. Mr. TRAF1cANT in two instances. 0 1650 Mr. NELSON of Florida, for 5 min- Mr. FRANK in two instances. Mr. WRIGHT. I am sure the gentle­ utes, today. Mr. BENNETT. man would not want to object, of Mr. PEPPER, for 5 minutes, today. Mr. EDGAR in two instances. course not. Mr. ANNUNz10, for 5 minutes, today. Mr. MONTGOMERY. The SPEAKER. If the majority Mr. MoAKLEY, for 5 minutes, today. Mr. RICHARDSON. leader would not mind, the House Mr. FORD of Michigan, for 5 minutes, Mr. SKELTON. could just take general debate and ad­ today. Mr. RoE in two instances. journ until Monday next. Mr. FRosT, for 5 minutes, today. Mr. HUCKABY. Mr. SOLOMON. That would be very Mr. RAY, for 30 minutes, today. Mr. FAZIO. Mr. Go~'7t\LEZ, for 60 minutes, today. helpful. Mr. DOWNEY of New York. The SPEAKER. We can consider Mr. Ro. .l!i, for 60 minutes, May 2. that if the gentleman has the approval Mr. MARTINEZ, for 5 minutes, May 2. Mr.RAY. on that side. The Chair has not seen Mr. DASCHLE, for 60 minutes, May 7. Mr. LEHMAN of Florida. their leadership. Mr. LIPINSKI, for 60 minutes, May 8. Mr. BERMAN in two instances. Mr. SOLOMON. Mr. Speaker, speak­ Mr. DE LA GARZA, for 60 minutes, Mr. WHITTEN. ing for the leadership, I am sure we May2. Mr. YOUNG of Missouri. can come to that agreement. Mrs. BOXER. The SPEAKER. I want to welcome EXTENSION OF REMARKS Mr. KOLTER in two instances. the gentleman back. Mr. MAZzoL1. Mr. WRIGHT. We will read from By unanimous consent, permission Mr. MILLER of California. the "Prodigal Son" tomorrow. to reviSe and extend remarks was Mr.MARKEY. Mr. SOLOMON. I thank the Speak­ granted to: er and I thank the majority leader. Mr. BEREUTER in four instances. Mr. MYERS of Indiana. Mr. Speak­ the bill tomorrow. er, I have a parliamentary inquiry. RETURN OF THE MINORITY FOLLOWING Mr. HYDE in three instances. Mr. BLILEY. The SPEAKER. The gentleman will SYMBOLIC WALKOUT state it. Mr. MICHEL. Mr. Speaker, we were Mr. DANNEMEYER in two instances. not going to stay away forever. Mr. PORTER. Mr. MYERS of Indiana. Mr. Speak­ Mr. BROOMFIELD. er, in view of the feelings here in this The SPEAKER. I am delighted to body and the lack of being able to see my old friend back. As Joe Louis Mr. RINALDO. Mr. RUDD. carry anything out, would it be proper said: "He can run, but he cannot to offet a motion to adjourn until hide." Mr. GREEN. Mr. DREIER of California in two in- July, and that the committees meet? stances. The SPEAKER. Not without permis­ CALENDAR WEDNESDAY Mr. WORTLEY in two instances. sion of the U.S. Senate. The SPEAKER. This is the day of Mr. nHUMWAY in two instances. Mr. MYERS of Indiana. Mr. Speak­ Calendar Wednesday. The Clerk will Mr. SUNDQUIST. er, I think we might work on it. Thank call the committees. Mrs. JoHNsoN. you. 10022 CONGRESSIONAL RECORD-HOUSE May 1, 1985 EXPRESSION OF APPRECIATION ant to Public Law 93-383, section 113 <91 Operations, Department of the Interior, Stat. 1124>; Public Law 88-560, section transmitting notification of proposed re­ (92 Stat. 2081; 93 Stat. 1101>; to the funds of excess royalty payments in an OCS given permission to address the House Committee on Banking, Finance and Urban area, pursuant to the act of August 7, 1953, for 1 minute.) Affairs. chapter 345, section lO; to the Committee Mr. McCLOSKEY. Thank you very 1166. A letter from the Executive Direc­ on Interior and Insular Affairs. much, Mr. Speaker. I will be very tor, D.C. Retirement Board, transmitting fi­ 1177. A letter from the Secretary of the brief. nancial disclosure statements of Board Interior, transmitting a report on the status Mr. Speaker, firstly, I would like to members for calendar year 1984, pursuant of the revenues from and the cost of con­ thank everyone in the House, person­ to Public Law 96-122, section 162 and structing, operating and maintaining each ally and institutionally, for their pa­ 164; to the Committee on the Dis­ lower basin unit of the Colorado River basin trict of Columbia. project for fiscal year 1984, pursuant to tience and tolerance in getting 1167. A letter from the Chairman, Nation­ Public Law 90-537, section 404; to the Com­ through the constitutional process and al Commission on Libraries and Information mittee on Interior and Insular Affairs. what we all know very likely has been Science, transmitting the Commission's 13th 1178. A letter from the Assistant Secre­ the closest congressional race in histo­ annual report of its activities for the period tary of the Interior, transmitting a draft of ry. I am really sorry for anyone on from October 1, 1983 through September 30, proposed legislation to authorize the Secre­ either side who has been saddened or 1984, pursuant to Public Law 91-345, section tary of the Interior to perform studies relat­ inconvenienced. 5<7>; to the Committee on Education and ing to disposal of drain water and to con­ Labor. struct interim corrective measures deemed Mr. Speaker, I just had a chance a 1168. A letter from the Acting Director, moment ago to talk to our gracious necessary for the San Luis interceptor Defense Security Assistance Agency, trans­ drain; to the Committee on Interior and In­ Republican colleagues, · BoB MICHEL mitting notice of the Navy's proposed letter sular Affairs. and TRENT LOTT, and said I appreciate to Pakistan fof defense articles and services 1179. A letter from the Acting Assistant the way that they have fought this; I estimated to cost $41 million or more ; to the Committee on Foreign Af­ Justice, transmitting the annual report of fairs. the activities and operations of the Public next 15 months in the House. 1169. A communication from the Presi­ As I said to them, Mr. Mcintyre ran Integrity Section covering calendar year dent of the United States, transmitting a 1984, pursuant to 28 U.S.C. 529 <92 Stat. a good campaign; he is a fine young report on Pakistan's nuclear program, pur­ man, and there are hard feelings on 1871>; to the Committee on the Judiciary. suant to 22 U.S.C. 2429-1; to the Committee 1180. A letter from the Controller, Boy both sides. on Foreign Affairs. Scouts of America, transmitting the audited I just want to say thank you to the 1170. A letter from the Assistant Secre­ financial report for the year ending Decem­ House as an institution. I love it, and I tary of State for Legislative and Intergov­ ber 31, 1984, pursuant to Public Law 88-504, know we can settle in and work to­ ernmental Affairs, transmitting a report of section 3 <36 U.S.C. 1103>; to the Committee political contribution by David George on the Judiciary. gether over the next 15 months. Newton, of Virginia, to be Ambassador Ex­ Thank you so much. traordinary and Plenipotentiary of the 1181. A letter from the Deputy Director, United States of America to the Republic of Judicial Conference of the United States, , pursuant to Public Law 96-465, section transmitting recommendations for the uni­ ADJOURNMENT 304<2>; to the Committee on Foreign Af­ form percentage adjustment of each dollar The SPEAKER. The Chair will en­ fairs. amount specified in title 11 regarding bank­ tertain a motion to adjourn. 1171. A letter from the Assistant Secre­ ruptcy administration and in 28 U.S.C. 1930 tary of State for Legislative and Intrgovern­ with respect to bankruptcy fees, pursuant to Mr. HOYER. Mr. Speaker, I move 11 U.S.C. 104 nt.; to the Committee on the that the House do now adjourn. mental Affairs, transmitting a report on po­ litical contributions by William Brown, of Judiciary. The motion was agreed to; accord­ New Hampshire, to be Ambassador Extraor­ 1182. A letter from the Secretary of ingly <2>; to the Committee on Foreign Af­ tion 4; to the Committee on Science and fairs. Technology. EXECUTIVE COMMUNICATIONS, 1172. A letter from the Acting Archivist of 1183. A letter from the Secretary, Depart­ ETC. the United States, transmitting a draft of ment of Energy, transmitting the sixth Under clause 2 of rule XXIV, execu­ proposed legislation to amend chapter 21 of annual report on the use of alcohol in fuels, title 44, United States Code, to permit the pursuant to Public Law 95-618, section tive communications were taken from Archivist of the United States to use funds 22l <94 Stat. 280>; to the Committee on the Speaker's table and referred as fol­ generated by the recovery of silver from the Ways and Means. lows: destruction or processing of film to support 1184. A letter from the Chairman, Nuclear 1163. A letter from the Deputy Assistant the processing of archival records; to the Regulatory Commission, transmitting a Secretary of Defense , transmitting notice of the Navy's 1173. A letter from the Administrator, nuclear facilities for the third calendar intent to exercise the provision for exclu­ Veterans' Administration, transmitting quarter of 1984, pursuant to Public Law 93- sion of the clause concerning examination notice of a computer matching program, 438, section 208; jointly, to the Committees of records by the Comptroller General from pursuant to 5 U.S.C. 552a; to the Com­ on Energy and Commerce and Interior and a proposed contract with the United King­ mittee on Government Operations. Insular Affairs. dom Government CUKGJ, pursuant to 10 1174. A letter from the Under Secretary, 1185. A letter from the Acting Archivist of U.S.C. 2313; to the Committee on Armed Department of Labor, transmitting the De­ the United States, transmitting a draft of Services. partment's annual report of its activities proposed legislation to amend chapter 18 of 1164. A letter from the President and under the Freedom of Information Act cov­ title 22, United States Code, to permit dis­ Chairman, Export-Import Bank of the ering calendar year 1984, pursuant to 5 semination of records of the U.S. Informa­ United States, transmitting a report on U.S.C. 552; to the Committee on Govern­ tion Agency that have been accessioned into loan, guarantee and insurance transactions ment Operations. the National Archives of the United States; supported by the Bank during March 1985 1175. A letter from the Acting Deputy As­ jointly, to the Committees on Government to Communist countries as a result of Presi­ sociate Director for Royalty Management Operations and Foreign Affairs. dential determinations, pursuant to 12 Operations, Department of the Interior, 1186. A letter from the Acting Assistant U.S.C. 635(b)(2); to the Committee on Bank­ transmitting notification of proposed re­ Attorney General, Office of Legislative and ing, Finance and Urban Affairs. funds of excess royalty payments in an OCS Intergovernmental Affairs, Department of 1165. A letter from the Secretary, Depart­ area, pursuant to the act of August 7, 1953, Justice, transmitting a draft of proposed ment of Housing and Urban Development, chapter 345, section lO; to the Committee legislation to authorize appropriations for transmitting the Department's 1985 consoli­ on Interior and Insular Affairs. the purpose of carrying out the activities of dated annual report on the community de­ 1176. A letter from the Acting Deputy As­ the Department of Justice for fiscal year velopment programs it administers, pursu- sociate Director for Royalty Management 1986 and for other purposes; jointly, to the May 1, 1985 CONGRESSIONAL RECORD-HOUSE 10023 Committees on the Judiciary and Energy By Mr. GROTBERG: gram for the establishment and operation in and Commerce. H.R. 2302. A bill to amend title 39 of the the United States of international trade de­ 1187. A letter from the Under Secretary of United States Code to provide for congres­ velopment centers to enhance the exporta­ Labor, transmitting a proposed plan of sional review of proposed changes in postal tion of agricultural products and related action for assisting workers adversely affect­ services; to the Committee on Post Office products; jointly, to the Committees on Ag­ ed by imports of steel products, pursuant to and Civil Service. riculture and Foreign Affairs. 19 U.S.C. 2253 nt.; jointly, to the Commit­ By Mr. HENRY: By Mr. SMITH of New Jersey: tees on Ways and Means and Education and H.R. 2303. A bill to create a separate tariff H.J. Res. 275. Joint resolution posthu­ Labor. classification for imports of pigskin foot­ mously proclaiming Christopher Columbus 1188. A letter from the Secretary of wear; to the Committee on Ways and to be an honorary citizen of the United Energy, transmitting a report on biomass Means. States; to the Committee on the Judiciary. energy development for 1984, pursuant to By Mr. KASICH: Public Law 96-294, section 218; jointly, to By Mr. SOLARZ: H.R. 2304. A bill to amend title 10, United H. Con. Res. 135. Concurrent resolution the Committees on Agriculture, Energy and States Code, to limit payments to defense Commerce and Science and Technology. welcoming the Prime Minister of India, contractors for the expenses of air travel; to Rajiv Gandhi, on the occasion of his official the Cominittee on Armed Services. visit to the United States; to the Committee REPORTS OF COMMITTEES ON By Mr. McDADE: on Foreign Affairs. H.R. 2305. A bill to amend the Internal By Mr. PEPPER: PUBLIC BILLS AND RESOLU­ Revenue Code of 1954 to allow a deduction TIONS H. Res. 152. Resolution expressing the for commuting expenses of individuals with sense of the House of Representatives in op­ Under clause 2 of rule XIII, reports developmental disabilities; to the Commit­ position to any reduction in social security of committees were delivered to the tee on Ways and Means. benefits and to any interference with social Clerk for printing and reference to the By Mr. MANTON: security cost-of-living increases; to the Com­ H.R. 2306. A bill to suspend for a 3-year mittee on Ways and Means. proper calendar, as follows: period the duty on certain specialty yarns Mr. JONES of North Carolina: Committee used in the manufacture of wigs for dolls; to on Merchant Marine and Fisheries. H.R. the Committee on Ways and Means. 1157. A bill to authorize appropriations for By Mr. PEPPER: MEMORIALS fiscal year 1986 for certain maritime pro­ H.R. 2307. A bill to amend title XVIII of Under clause 4 of rule XXII, memo­ grams of the Department of Transportation the Social Security Act with respect to ef­ rials were presented and referred as and the Federal Maritime Commission; with fective dates of disenrollments of Medicare follows: amendments -phenazathionium chloride Civil Service. submit an annual report to Congress on the 104. Also, memorial of the Legislature of status of the implementation; to the Com­ to be used as a process sta­ bilizer in the manufacture of organic chemi­ the State of Nebraska, relative to the Veter­ mittee on Government Operations. ans Educational Assistance Act of 1984; to By Mr. DUNCAN: cals; to the Committee on Ways and Means. By Mr. SCHULZE posed amendments were submitted as thorized to be appropriated by this chapter and the amount contributed by the United follows: may not be made available for the United States to each such organization.".