[Congressional Record (Bound Edition), Volume 156 (2010), Part 2]
[House]
[Pages 2589-2590]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1345
                        PARLIAMENTARY INQUIRIES

  Mr. CARTER. Madam Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state his inquiry.
  Mr. CARTER. Yesterday I asked a parliamentary inquiry regarding the 
effect of a letter from Mr. Rangel to the Speaker of the House, Nancy 
Pelosi, regarding his resignation as chairman of the Committee on Ways 
and Means, to wit, the Speaker pro tempore of the House answered that 
the gentleman from California, Representative Pete Stark, became acting 
chair of the Committee on Ways and Means immediately by operation of 
House rule X clause 5.
  This morning the acting chairman of the Committee on Ways and Means, 
Mr. Stark, submitted a letter to the Speaker of the House, Nancy 
Pelosi, that states, ``I hereby resign as acting

[[Page 2590]]

chairman of the Committee on Ways and Means.'' That letter to the 
Speaker was read into today's proceedings. At that time the Speaker pro 
tempore in accepting the letter stated, ``The resignation is 
accepted.''
  I have a parliamentary inquiry regarding the nature of that 
resignation. Under this morning's procedure, is Mr. Stark the current 
chairman of the Committee on Ways and Means?
  The SPEAKER pro tempore. The House this morning accepted the 
resignation of the gentleman from California (Mr. Stark) as acting 
chair of the Committee on Ways and Means. Pursuant to clause 5(c) of 
rule X, the member of that committee next in rank, the gentleman from 
Michigan (Mr. Levin) shall act as chair.
  Mr. CARTER. Further parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state his further 
inquiry.
  Mr. CARTER. Under House rules and House Resolution 24, is the 
gentleman from New York (Mr. Rangel) still a member of the Committee on 
Ways and Means?
  The SPEAKER pro tempore. Yes.
  Mr. CARTER. Under House rules, what is the current rank order of the 
gentleman from New York (Mr. Rangel) on the Committee on Ways and 
Means?
  The SPEAKER pro tempore. The rank is determined by his placement in 
that resolution to which the gentleman just referred.
  Mr. CARTER. Further parliamentary inquiry. What is his placement in 
that ranking that I just described?
  The SPEAKER pro tempore. The gentleman may consult that resolution to 
discover the answer to that question.
  Mr. CARTER. It is my understanding that Mr. Rangel stands as number 
one by the nature of that resolution. Could I get a clarification on 
that by the Chair.
  The SPEAKER pro tempore. The Chair does not have that resolution 
before her, but the House has accepted the resignation of the gentleman 
from New York as chair of the Committee on Ways and Means.
  Mr. CARTER. Further parliamentary inquiry. Under House rule X, clause 
5(c) which states, ``In the absence of the member serving as chair, the 
member next in rank (and so on, as often as the case shall happen) 
shall act as chair,'' under House Resolution 24, the gentleman from 
Michigan (Mr. Levin) ranks next after Mr. Stark on the resolution 
electing members of the committee. Under that resolution and by 
operation of House rule X, clause 5(c), is Mr. Levin currently the 
acting chairman of the Committee on Ways and Means?
  The SPEAKER pro tempore. The gentleman has stated the correct facts.
  Mr. CARTER. Further parliamentary inquiry. Under House Resolution 8, 
Mr. Rangel was elected chairman of the Committee on Ways and Means. 
Under House rule X, clause 5, the Chair has indicated that Mr. Levin is 
acting chairman of the Committee on Ways and Means. Does that mean that 
the House needs to adopt a resolution to make Mr. Levin chairman in 
fact and not just acting chairman?
  The SPEAKER pro tempore. Clause 5(c) of rule X contemplates that the 
House will again establish an elected chair by adopting a resolution 
which is typically produced by direction of the majority party caucus.
  Mr. CARTER. So the answer is yes? We do need a vote or we do not need 
a vote?
  The SPEAKER pro tempore. The House may elect a chair. At this point 
the gentleman from Michigan is acting as chair.
  Mr. CARTER. Further parliamentary inquiry. I believe X(5)(c) says 
that the next one in order shall act as the acting chair. If Mr. Rangel 
by at least the declaration of someone on this House floor is number 
one, wouldn't he be the chair again under these circumstances?
  The SPEAKER pro tempore. The gentleman himself has just stated the 
``and so on'' character of the rule.
  Mr. CARTER. I'm sorry? I didn't understand you. Would you mind 
repeating that.
  The SPEAKER pro tempore. The rule includes the phrase ``and so on,'' 
as the gentleman from Texas previously read, and he has just reached 
the conclusion that the rule is operating.
  Mr. CARTER. If I may further inquire, so the words ``and so on'' 
means that you don't go back to the original order, you just go to 
whoever was behind him at the time the first vacation took place of the 
chair?
  The SPEAKER pro tempore. The devolution aspect of the rule operates 
in a cascading fashion.
  Mr. CARTER. A cascading fashion?
  The SPEAKER pro tempore. That is correct.
  Mr. CARTER. I thank you for that clarification.

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