[Congressional Record Volume 153, Number 128 (Saturday, August 4, 2007)]
[House]
[Pages H9914-H9915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                QUESTION OF THE PRIVILEGES OF THE HOUSE

  Mr. BOEHNER. Mr. Speaker, I have a privileged resolution at the desk.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 623

       Whereas clause one of House rule XXIII (Code of Official 
     Conduct) states, ``A Member, Delegate, Resident Commissioner, 
     officer or employee of the House shall conduct himself at all 
     times in a manner that shall reflect creditably on the 
     House,'';
       Whereas the House Ethics Manual states that, ``The public 
     has a right to expect Members, officers and employees to 
     exercise impartial judgment in performing their duties'' and 
     ``this Committee has cautioned all Members `to avoid 
     situations in which even an inference might be drawn 
     suggesting improper action' '';
       Whereas clause eight of House rule XVII states, ``The 
     Congressional Record shall be a substantially verbatim 
     account of remarks made during the proceedings of the House, 
     subject only to the technical, grammatical, and typographical 
     corrections authorized by the Member, Delegate, or Resident 
     Commissioner making the remarks'';
       Whereas during proceedings of the House on August 3, 2007, 
     the gentleman from Ohio, Mr. Boehner, the Republican Leader, 
     offered a privileged resolution, H. Res. 612;
       Whereas after the clerk completed reading the resolution, 
     the gentlewoman from California, Ms. Tauscher, who was in the 
     chair, recognized the gentleman from Maryland, stating, ``For 
     what purpose does the gentleman from Maryland rise?'';
       Whereas the gentleman from Maryland, Mr. Hoyer, the 
     Majority Leader, then proceeded to debate Representative 
     Boehner's motion, stating, ``Madam Speaker, enough is 
     enough'' ;
       Whereas in response to the chair's query, ``Does the 
     gentleman have an amendment?'' Majority Leader Hoyer stated, 
     ``I move to table the resolution'';
       Whereas the chair then recognized the Republican Leader who 
     raised a point of order that the chair failed to acknowledge, 
     which the chair declined to entertain;
       Whereas as the chair was putting the question to the House, 
     Republican Leader Boehner stated, ``isn't it correct that the 
     gentleman from Maryland engaged in debate, which allows the 
     House to then proceed with up to one hour of debate on this 
     resolution?'';
       Whereas the chair stated, ``The chair did not yet rule that 
     the question constitutes a question of privilege'';
       Whereas a video recording produced by the Office of the 
     Chief Administrative Officer confirms that the chair, in 
     fact, never ruled on whether the resolution offered by the 
     Republican Leader constituted a question of privilege;
       Whereas the Speaker, as the presiding officer, has a duty 
     to be a fair and impartial arbiter of the proceedings of the 
     House, held to the highest ethical standards in deciding the 
     various questions as they arise with impartiality and 
     courtesy toward all Members, regardless of party affiliation;
       Whereas the Republican Leader, and any other Member of the 
     House raising a point of order, is entitled to state a point 
     of order and to receive a ruling on it from the chair;
       Whereas statements made on the floor of the House during 
     the aforementioned proceedings of August 3, 2007 do not 
     appear in the Congressional Record for that day, and the same 
     Congressional Record reports as having been spoken statements 
     that were not made;
       Whereas the House adopted H. Res. 611, establishing a 
     Select Committee to investigate voting irregularities 
     occurring in the House on August 2, 2007; and
       Whereas H. Res. 612 was offered in response to the events 
     stemming from the incident of August 2, 2007: Now, therefore, 
     be it
       Resolved, That--
       (1) the Select Committee to Investigate the Voting 
     Irregularities of August 2, 2007 is directed to investigate 
     and include in the initial report its findings and resulting 
     recommendations concerning the actions of the gentlewoman 
     from California (Ms. Tauscher) while presiding over the House 
     on August 3, 2007 at the time the Republican Leader offered 
     H. Res. 612 and the actions which led to the differences 
     between the statements in the Congressional Record and those 
     actually spoken on that day; and,
       (2) the Congressional Record for the legislative day of 
     August 3, 2007 be corrected to reflect verbatim the words 
     actually spoken during consideration of H. Res. 612.

  The SPEAKER pro tempore. The resolution presents a question of 
privilege.

[[Page H9915]]

                 Motion to Table Offered by Mr. Clyburn

  Mr. CLYBURN. Mr. Speaker, I move that the resolution be laid on the 
table.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. BOEHNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 216, 
nays 182, not voting 34, as follows:

                             [Roll No. 833]

                               YEAS--216

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Chandler
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kind
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Perlmutter
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NAYS--182

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Ferguson
     Flake
     Forbes
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gohmert
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Johnson (IL)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--34

     Carson
     Clarke
     Clay
     Coble
     Costello
     Crenshaw
     Davis, Jo Ann
     Delahunt
     Feeney
     Fortenberry
     Gingrey
     Goode
     Hastert
     Hayes
     Hinojosa
     Hunter
     Jindal
     Johnson, Sam
     Jones (NC)
     Kilpatrick
     Klein (FL)
     Kucinich
     LaHood
     Lantos
     Lipinski
     Paul
     Payne
     Peterson (MN)
     Saxton
     Sensenbrenner
     Sessions
     Skelton
     Tancredo
     Thornberry


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes left in this vote.

                              {time}  1802

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

                          ____________________