[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1396 Laid on Table in House (LTH)]

110th CONGRESS
  2d Session
H. RES. 1396

           Raising a question of the privileges of the House.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2008

 Mr. Boehner submitted the following resolution; which was laid on the 
                                 table

_______________________________________________________________________

                               RESOLUTION


 
           Raising a question of the privileges of the House.

Whereas the representative from New York, Charles B. Rangel, serves as chairman 
        of the House Ways and Means Committee, a position of considerable power 
        and influence within the House of Representatives;
Whereas clause 1 of rule XXIII of the Rules of the House of Representatives 
        provides that ``A Member, Delegate, Resident Commission, officer, or 
        employee of the House shall conduct himself at all times in a manner 
        that shall reflect creditably on the House.'';
Whereas the New York Times reported on July 11, 2008, that, ``While aggressive 
        evictions are reducing the number of rent-stabilized apartments in New 
        York, Representative Charles B. Rangel is enjoying four of them, 
        including three adjacent units on the 16th floor overlooking Upper 
        Manhattan in a building owned by one of New York's premier real estate 
        developers.'';
Whereas the New York Times newspaper reported on July 11, 2008, that Rep. 
        Rangel, ``paid a total rent of $3,894 monthly in 2007 for four 
        apartments at Lennox Terrace, a 1,700-unit luxury development of six 
        towers, with doormen, that is described in real estate publications as 
        Harlem's most prestigious address.'';
Whereas the New York Times newspaper reported on July 11, 2008, that ``The 
        current market-rate rent for similar apartments in Mr. Rangel's building 
        would total $7,465 to $8,125 a month, according to the Web site of the 
        owner, the Olnick Organization.'';
Whereas clause 5(a)(2)(A) of rule XXV of the Rules of the House defines a gift 
        as, ``a gratuity, favor, discount, entertainment, hospitality, loan, 
        forbearance, or other item having monetary value.'';
Whereas clause 5 of rule XXV provides that a Member, Delegate, or Resident 
        Commissioner, officer, or employee of the House may not knowingly accept 
        a gift in violation of that clause;
Whereas the New York Times newspaper reported on July 18, 2008, ``Mr. Rangel 
        acknowledged that his use of one of the apartments as a campaign office 
        `presents an issue,' given that city and state guidelines require rent-
        stabilized apartments to be used as a primary residence.'';
Whereas section 2520.11(k) of the Rent Stabilization Code of the State of New 
        York prohibits the application of rent stabilization to ``housing 
        accommodations which are not occupied by the tenant, not including 
        subtenants or occupants, as his or her primary residence as determined 
        by a court of competent jurisdiction.'';
Whereas in each of the years 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 
        2004, 2005, 2006, 2007, and 2008, the campaign committee of the 
        representative from New York, Representative Rangel, known as ``Rangel 
        for Congress'' and by Federal Election Commission Identification Number 
        C00302422, made disbursements to the Lennox Terrace Development 
        Association for payment of office rent;
Whereas Olnick Organization, Inc. owns the Lennox Terrace Development;
Whereas according to the State of New York, Department of State, Division of 
        Corporations, the Olnick Organization, Inc., owner of Representative 
        Rangel's apartments, is an active domestic business corporation;
Whereas section 441b(a) of title 2, United States Code, states that ``it is 
        unlawful for any national bank, or any corporation organized by 
        authority of any law of Congress, to make a contribution or expenditure 
        in connection with any election to any political office, or in 
        connection with any primary election or political convention or caucus 
        held to select candidates for any political office, or for any 
        corporation whatever, or any labor organization, to make a contribution 
        or expenditure in connection with any election at which presidential and 
        vice presidential electors or a Senator or Representative in, or a 
        Delegate or Resident Commissioner to, Congress are to be voted for, or 
        in connection with any primary election or political convention or 
        caucus held to select candidates for any of the foregoing offices, or 
        for any candidate, political committee, or other person knowingly to 
        accept or receive any contribution prohibited by this section, or any 
        officer or any director of any corporation or any national bank or any 
        officer of any labor organization to consent to any contribution or 
        expenditure by the corporation, national bank, or labor organization, as 
        the case may be, prohibited by this section.'';
Whereas Federal Election Commission records confirm that in 2004 Representative 
        Rangel received $2,000 in campaign contributions from Sylvia Olnick, an 
        owner of Olnick Organization, Inc., the company that owns his apartment 
        building, and that Representative Rangel's separate political action 
        committee also received $2,500 donations from Ms. Olnick in 2004 and 
        2006;
Whereas the New York Times newspaper reported on July 11, 2008, ``City records 
        show that in 2005, a lobbyist for the Olnick Organization met with Mr. 
        Rangel and Mr. Paterson, who was then the State Senate minority leader, 
        as the company set out to win government approvals of a plan to expand 
        Lenox Terrace and build another apartment complex in the Bronx.'';
Whereas Representative Rangel's acceptance of more than one rent-controlled 
        apartment for his personal use is a violation of the House gift ban;
Whereas Representative Rangel's failure to disclose the aforementioned gifts on 
        his annual Personal Financial Disclosure statements is a violation of 
        House rules;
Whereas the acceptance by Representative Rangel's campaign of illegal corporate 
        contributions from the Olnick Organization, Inc. violates Federal law; 
        and
Whereas the failure by Representative Rangel's campaign to disclose certain 
        contributions from the Olnick Organization, Inc. violates Federal law: 
        Now, therefore, be it
    Resolved, That--
            (1) by the conduct giving rise to this resolution the 
        representative from New York, Representative Charles B. Rangel, 
        has dishonored himself and brought discredit to the House and 
        merits the censure of the House for same; and
            (2) the representative from New York, Mr. Rangel, is hereby 
        so censured.
                                 <all>