[Congressional Record (Bound Edition), Volume 150 (2004), Part 16]
[House]
[Pages 22734-22735]
[From the U.S. Government Publishing Office, www.gpo.gov]




  PRIVILEGES OF THE HOUSE--SPECIAL COUNSEL TO INVESTIGATE ACTIONS OF 
                       REPUBLICAN MAJORITY LEADER

  Ms. PELOSI. Mr. Speaker, pursuant to rule IX, I rise to a question of 
the privileges of the House, and I offer a privileged resolution (H. 
Res. 845) for a special counsel to investigate the actions of the 
Republican majority leader and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 845

       Whereas, in May of 1999, the Committee on Standards of 
     Official Conduct, by letter, admonished Representative Tom 
     DeLay for his conduct in connection with a threat of 
     retribution against an organization for hiring a person 
     connected to the Democratic Party;
       Whereas, on September 30, 2004, the Committee on Standards 
     of Official Conduct publicly admonished Mr. DeLay for 
     improperly linking support for the personal interests of 
     another Member as part of a quid pro quo to achieve a 
     legislative goal;
       Whereas, on October 6, 2004, the Committee on Standards of 
     Official Conduct publicly admonished Mr. DeLay for his 
     participation in a fundraiser that created an appearance that 
     donors were being provided special access to him regarding 
     then pending energy legislation;
       Whereas, on October 6, 2004, the Committee on Standards of 
     Official Conduct publicly admonished Mr. DeLay for 
     intervening in a partisan conflict in the Texas House of 
     Representatives using the resources of a Federal agency;
       Whereas, on October 6, 2004, the Committee on Standards of 
     Official Conduct, in a letter to Mr. DeLay, noted that it had 
     found it necessary to comment on his conduct in a number of 
     instances and reminded Mr. DeLay the ``House Code of Official 
     Conduct provides the Committee with authority to deal with 
     any given act or accumulation of acts which, in the judgment 
     of the Committee, are severe enough to reflect discredit on 
     the House'';
       Whereas, on October 6, 2004, the Committee on Standards of 
     Official Conduct noted that a complaint before it alleged 
     that Mr. DeLay used TRMPAC, the Texans for a Republican 
     Majority PAC, to funnel corporate funds to Texas state 
     campaigns in 2002 in violation of the Texas election code, 
     and, based on the information then in its possession, 
     deferred action on the matter pending action by the Texas 
     Grand Jury and the Texas District Attorney of TRMPAC's 
     activities;
       Whereas, on October 7, 2004, a Texas newspaper reported 
     that a newly obtained memo indicates that Mr. DeLay had 
     personal involvement in directing some of the fund-raising 
     activities of TRMPAC for which three of Mr. DeLay's 
     associates have been indicted by a Texas Grand Jury;
       Whereas, in responding to the admonishments issued by the 
     Committee on Standards of Conduct, Mr. DeLay displayed 
     contempt for that Committee, for appropriate ethical 
     standards, and for the House of Representatives by the public 
     statements he made and which were made on his behalf: Now be 
     it
       Resolved, That the Committee on Standards of Official 
     Conduct is authorized and directed to establish an 
     Investigative Subcommittee to determine if there is 
     substantial reason to believe that by his past and continuing 
     conduct Mr. DeLay has violated the Code of Official conduct 
     or other relevant laws, rules or regulation; and be it 
     further
       Resolved, That the Committee on Standards of Official 
     Conduct retain a Special Counsel to assist in its 
     investigation.

  The SPEAKER pro tempore (Mr. Simpson). In the opinion of the Chair, 
the resolution constitutes a question of the privileges of the House.


                  Motion to Table Offered by Mr. Blunt

  Mr. BLUNT. Mr. Speaker, the minority leader did not extend the normal 
courtesy of notifying the majority of her resolution, and I move to 
table the resolution so we can go back to the business of debating the 
defense conference report.
  The SPEAKER pro tempore. The motion that the resolution be laid on 
the table is not debatable.
  The question is on the motion to table offered by the gentleman from 
Missouri (Mr. Blunt).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. PELOSI. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 210, 
noes 182, answered ``present'' 5, not voting 36, as follows:

                             [Roll No. 526]

                               AYES--210

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Latham
     LaTourette
     Leach
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--182

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)

[[Page 22735]]


     Carson (OK)
     Case
     Chandler
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Hill
     Hinchey
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Kanjorski
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Maloney
     Marshall
     Matheson
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                        ANSWERED ``PRESENT''--5

     Delahunt
     Doyle
     Jones (OH)
     Mollohan
     Roybal-Allard

                             NOT VOTING--36

     Ballenger
     Bass
     Boehlert
     Burton (IN)
     Clay
     Dooley (CA)
     Filner
     Ford
     Frank (MA)
     Gallegly
     Gephardt
     Greenwood
     Hinojosa
     Issa
     Johnson, E. B.
     Jones (NC)
     Kaptur
     King (NY)
     Kleczka
     LaHood
     Lewis (CA)
     Lipinski
     Majette
     Markey
     Matsui
     Meek (FL)
     Meeks (NY)
     Miller, Gary
     Norwood
     Ortiz
     Paul
     Quinn
     Radanovich
     Slaughter
     Tauzin
     Towns


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Simpson) (during the vote). Members are 
advised 2 minutes remain in this vote.

                              {time}  1858

  Messrs. PORTMAN, KNOLLENBERG and WHITFIELD changed their vote from 
``no'' to ``aye.''
  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.
  Stated for:
  Mr. BASS. Mr. Speaker, on Friday, October 8, 2004, I regrettably 
missed recorded vote numbered 526. Had I been present, I would have 
voted ``aye''.
  Stated against:
  Mr. FILNER. Mr. Speaker, on rollcall No. 526, I was in my 
congressional district on official business. Had I been present, I 
would have voted ``no.''

                          ____________________