[Congressional Record Volume 154, Number 149 (Thursday, September 18, 2008)]
[House]
[Pages H8429-H8430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Mr. BOEHNER. Mr. Speaker, I have a privileged resolution at the desk, 
and I ask for its immediate consideration in the House.
  The SPEAKER pro tempore (Mr. Ross). The Clerk will report the 
resolution.
  The Clerk read as follows:

                              H. Res. 1460

       Whereas the Committee on Ways and Means has jurisdiction 
     over the United States Tax Code;
       Whereas The New York Times reported on September 5, 2008, 
     that, ``Representative Charles B. Rangel has earned more than 
     $75,000 in rental income from a villa he has owned in the 
     Dominican Republic since 1988, but never reported it on his 
     federal or state tax returns, according to a lawyer for the 
     congressman and documents from the resort'';
       Whereas in an article in the September 5, 2008 edition of 
     The New York Times, his attorney confirmed that 
     Representative Rangel's annual congressional Financial 
     Disclosure statements failed to disclose the rental income 
     from his resort villa;
       Whereas The New York Times reported on September 6, 2008 
     that, ``Representative Charles B. Rangel paid no interest for 
     more than a decade on a mortgage extended to him to buy a 
     villa at a beachfront resort in the Dominican Republic, 
     according to Mr. Rangel's lawyer and records from the resort. 
     The loan, which was extended to Mr. Rangel in 1988, was 
     originally to be paid back over seven years at a rate of 10.5 
     percent. But within two years, interest on the loan was 
     waived for Mr. Rangel.'';
       Whereas clause 5(a)(2)(A) of Rule 25 of the Rules of the 
     House defines a gift as, ``. . . a gratuity, favor, discount, 
     entertainment, hospitality, loan, forbearance, or other item 
     having monetary value'' and prohibits the acceptance of such 
     gifts except in limited circumstances;

[[Page H8430]]

       Whereas Representative Rangel's acceptance of thousands of 
     dollars in interest forgiveness is a violation of the House 
     gift ban;
       Whereas Representative Rangel's failure to disclose the 
     aforementioned gifts and income on his Personal Financial 
     Disclosure Statements violates House rules and federal law;
       Whereas Roll Call newspaper reported on September 15, 2008 
     that, ``The inconsistent reports are among myriad errors, 
     discrepancies and unexplained entries on Rangel's personal 
     disclosure forms over the past eight years that make it 
     almost impossible to get a clear picture of the Ways and 
     Means chairman's financial dealings.'';
       Whereas Representative Rangel's failure to report the 
     aforementioned gifts and income on Federal, State and local 
     tax returns is a violation of the tax laws of those 
     jurisdictions;
       Whereas disclosure of these improper acts follows an 
     announcement on July 31, 2008 by the House Committee on 
     Standards of Official Conduct that it is reviewing unrelated 
     allegations that Representative Rangel has violated House 
     gift rules, financial disclosure regulations and rules 
     barring the use of official resources to solicit funds for 
     private ventures;
       Whereas an editorial in The New York Times on September 15, 
     2008 stated, ``Mounting embarrassment for taxpayers and 
     Congress makes it imperative that Representative Charles 
     Rangel step aside as chairman of the Ways and Means Committee 
     while his ethical problems are investigated.'';
       Whereas clause 1 of rule XXXIII of the Rules of the House 
     of Representatives provides, ``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 on May 24, 2006, Speaker Nancy Pelosi cited ``high 
     ethical standards'' in a letter to Representative William 
     Jefferson asking that he resign his seat on the Committee on 
     Ways and Means in light of ongoing investigations into 
     alleged financial impropriety by Representative Jefferson: 
     Now, therefore, be it
       Resolved, That--
       (1) pursuant to its authority under clause 3(a)(2) of House 
     Rule XI, the Committee on Standards of Official Conduct, 
     within 10 days of adoption of this resolution, shall 
     establish an Investigative Subcommittee in the matter of 
     Representative Charles B. Rangel or report to the House the 
     reasons for its failure to do so; and
       (2) upon adoption of this resolution and pending completion 
     of the aforementioned investigation, Representative Rangel is 
     hereby removed as chairman of the Committee on Ways and 
     Means.

                              {time}  1415

  The SPEAKER pro tempore. The resolution presents a question of the 
privileges of the House.


                  Motion to Table Offered by Mr. Hoyer

  Mr. HOYER. Mr. Speaker, I move to table the resolution.
  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 SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to table will be followed by 5-minute votes 
on ordering the previous question on House Resolution 1441, by the yeas 
and nays; and adoption of House Resolution 1441, if ordered.
  The vote was taken by electronic device, and there were--yeas 226, 
nays 176, answered ``present'' 11, not voting 20, as follows:

                             [Roll No. 609]

                               YEAS--226

     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
     Carson
     Castor
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     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
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rohrabacher
     Ross
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Serrano
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--176

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

                        ANSWERED ``PRESENT''--11

     Barrett (SC)
     Bonner
     Burton (IN)
     Delahunt
     Doyle
     Green, Gene
     Hastings (WA)
     Kline (MN)
     McCaul (TX)
     Roybal-Allard
     Scott (VA)

                             NOT VOTING--20

     Brady (TX)
     Burgess
     Conyers
     Cubin
     Dreier
     Fossella
     Grijalva
     Hastings (FL)
     Hulshof
     Issa
     Jackson-Lee (TX)
     Kennedy
     King (NY)
     Lampson
     Pence
     Pitts
     Poe
     Renzi
     Sestak
     Snyder


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining on this vote.

                              {time}  1436

  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.

                          ____________________