[Congressional Record (Bound Edition), Volume 154 (2008), Part 13]
[House]
[Pages 17463-17464]
[From the U.S. 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.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 1396

       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 rentstabilized 
     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;
       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.

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


                            Motion to Table

  Mr. HASTINGS of Florida. Mr. Speaker, I move to lay the resolution 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.


                             Recorded Vote

  Mr. BOEHNER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was 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 H.

[[Page 17464]]

Res. 1388; adopting H. Res. 1388, if ordered; ordering the previous 
question on H. Res. 1384; and adopting H. Res. 1384, if ordered.
  The vote was taken by electronic device, and there were--ayes 254, 
noes 138, answered ``present'' 34, not voting 9, as follows:

                             [Roll No. 546]

                               AYES--254

     Abercrombie
     Ackerman
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Flake
     Fossella
     Foster
     Frank (MA)
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kind
     King (NY)
     Klein (FL)
     Kucinich
     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)
     McCrery
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Perlmutter
     Peterson (MN)
     Pickering
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Regula
     Renzi
     Reyes
     Richardson
     Rodriguez
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     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

                               NOES--138

     Bachmann
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Burgess
     Buyer
     Calvert
     Campbell (CA)
     Cantor
     Capito
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Ehlers
     Everett
     Fallin
     Feeney
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hayes
     Heller
     Hensarling
     Hobson
     Hoekstra
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     Kingston
     Kirk
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Latta
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Petri
     Pitts
     Platts
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Reynolds
     Rogers (MI)
     Roskam
     Royce
     Sali
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)

                        ANSWERED ``PRESENT''--34

     Aderholt
     Akin
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Bonner
     Burton (IN)
     Camp (MI)
     Davis, Tom
     Delahunt
     Doyle
     Emerson
     Ferguson
     Forbes
     Fortenberry
     Green, Gene
     Hastings (WA)
     Hunter
     Jones (OH)
     Kline (MN)
     Lewis (KY)
     McCaul (TX)
     Pence
     Peterson (PA)
     Poe
     Rogers (AL)
     Rogers (KY)
     Roybal-Allard
     Smith (NJ)
     Weldon (FL)
     Weller
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--9

     Brown-Waite, Ginny
     Cannon
     Cubin
     Hulshof
     Kilpatrick
     Lewis (CA)
     Lipinski
     Saxton
     Young (AK)

                              {time}  1534

  Mr. McKEON changed his vote from ``aye'' to ``no.''
  Messrs. POE, BURTON of Indiana, ROGERS of Kentucky, AKIN, ADERHOLT, 
WELDON of Florida, LEWIS of Kentucky, CAMP of Michigan and Mrs. EMERSON 
changed their vote from ``no'' to ``present.''
  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.

                          ____________________