[Congressional Record (Bound Edition), Volume 154 (2008), Part 8] [House] [Pages 10522-10523] [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 and ask for its immediate consideration. The SPEAKER pro tempore (Mr. Serrano). The Clerk will report the resolution. The Clerk read the resolution, as follows: H. Res. 1221 Whereas the Democratic Leadership has engaged in a continuing pattern of withholding accurate information vital for Members of the House of Representatives to have before voting on legislation; Whereas the conference report on H.R. 2419, which was adopted by the House on May 14, 2008, and the Senate on May 15, 2008, contained title III, relating to trade, which contained sections 3001 through 3301; Whereas the Speaker and the Clerk certified that the enrolled copy of H.R. 2419 transmitted to the President was a true and accurate reflection of the actions taken by the House and Senate; Whereas the enrolled copy certified by the Speaker and the Clerk and presented to the President failed to include title III and sections 3001 through 3301 and was not an accurate or complete document; Whereas the President vetoed and returned to the House said certified copy; Whereas before laying the President's message before the House, the Speaker and the Democratic Leadership were informed by the Office of the Law Revision Counsel and the Committee on Agriculture that said certified copy was erroneous and not an accurate or complete document; Whereas on May 21, 2008, the Democratic Leadership deliberately chose to ignore that notification and instead allowed the House to vote on an incorrect version of this legislation; Whereas a veto override requires \2/3\ of the House to vote in the affirmative, and knowledge of this mistake may have influenced each Member's decision and therefore changed the outcome of this vote, which is why the Democratic Leadership chose not to pursue a correction of this legislation; Whereas the effect of these actions raises serious constitutional questions and jeopardizes the legal status of this legislation; Whereas Speaker Pelosi and Majority Leader Hoyer knowingly scheduled and began consideration of the President's veto of H.R. 2419, without regard to the serious and obvious constitutional questions and detrimental implications to the sanctity of the House and its process; Whereas at the direction of the Republican Leader, senior staff contacted the Chief-of-Staff to the Speaker and the Floor Director for the Majority Leader, requesting that they immediately halt consideration of the veto message until the facts surrounding the errors could be sorted out and all Members could be notified; Whereas the Democratic Leadership refused that request; Whereas in the 109th Congress, the current Speaker, Nancy Pelosi, offered a privileged resolution, H. Res. 683, accusing the Republicans of concealment, incompetence, and corruption with respect to the enrollment error of the Deficit Reduction Act; Whereas the Deficit Reduction Act was the subject of numerous lawsuits questioning its validity due to the enrollment error, including a lawsuit filed by several Democratic Members; Whereas in a memorandum from the Clerk of the House to Speaker Nancy Pelosi entitled ``Farm Bill Omission'' and dated May 21, 2008, the Clerk stated ``Enrolling Division staff expressed concern in receiving direct calls from Leadership and the Committee to accelerate the enrolling process.''; and Whereas the Democratic Leadership's repeated efforts to thwart the normal legislative process by cutting corners, ignoring requirements of the Constitution and House rules, and rushing through legislation with major errors, forces Members to vote on controversial legislation without thorough time for review and must be denounced: Now, therefore, be it Resolved, That---- (1) the Committee on Standards of Official Conduct shall begin an immediate investigation into the abuse of power surrounding the inaccuracies in the process and enrollment of H.R. 2419, Food and Energy Security Act of 2007, vetoed by the President on May 21, 2008; and, (2) the Speaker, Majority Leader and other Members of the Democratic Leadership are hereby admonished for their roles in the events surrounding this enrollment error. The SPEAKER pro tempore. The resolution qualifies. Motion to Table Mr. CARDOZA. 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. 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 220, nays 188, answered ``present'' 10, not voting 16, as follows: [Roll No. 352] YEAS--220 Abercrombie Ackerman Allen Altmire 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 Cazayoux Chandler Childers Clarke Clay Clyburn Cohen Conyers Cooper Costa Costello Courtney Cramer Crowley Cuellar Cummings Davis (AL) Davis (CA) Davis (IL) Davis, Lincoln DeFazio DeGette DeLauro Dicks Doggett Donnelly Edwards Ellison Ellsworth Emanuel Engel Eshoo Etheridge Farr Fattah Filner Foster Frank (MA) Giffords Gonzalez Gordon Green, Al Grijalva Gutierrez Hall (NY) Hare Harman Hastings (FL) 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. Kagen Kanjorski Kaptur Kildee Kind Klein (FL) Kucinich Lampson Langevin Larsen (WA) Larson (CT) Lee Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey 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 Payne Perlmutter Peterson (MN) Pomeroy Price (NC) Rahall Rangel Reyes Richardson Rodriguez Ross Rothman Ruppersberger Ryan (OH) 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) Wilson (OH) Woolsey Wu Wynn Yarmuth NAYS--188 Aderholt Akin Alexander Bachmann Bachus Bartlett (MD) Barton (TX) Biggert Bilbray Bilirakis Bishop (UT) Blackburn Blunt Boehner Bono Mack Boozman Boustany Brady (TX) Broun (GA) Brown (SC) Brown-Waite, Ginny Buchanan Burgess Burton (IN) Buyer Calvert Camp (MI) Campbell (CA) Cannon Cantor Capito Castle Chabot Coble 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 Feeney Ferguson Flake Forbes Fortenberry Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Gilchrest Gingrey Gohmert Goode Goodlatte Granger Graves Hall (TX) Hayes Heller Hensarling Herger Hoekstra Hulshof Hunter Inglis (SC) Issa Johnson (IL) Johnson, Sam Jones (NC) Jordan Keller King (IA) King (NY) Kingston Kirk Knollenberg Kuhl (NY) LaHood Lamborn Latham LaTourette Latta Lewis (CA) Lewis (KY) [[Page 10523]] 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 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 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 Walsh (NY) Wamp Weldon (FL) Weller Westmoreland Whitfield (KY) Wilson (NM) Wilson (SC) Wittman (VA) Wolf Young (FL) ANSWERED ``PRESENT''--10 Barrett (SC) Bonner Delahunt Doyle Green, Gene Hastings (WA) Jones (OH) Kline (MN) McCaul (TX) Roybal-Allard NOT VOTING--16 Andrews Carter Castor Cleaver Crenshaw Dingell Gillibrand Hobson Kennedy Kilpatrick Lynch Paul Rush Walden (OR) Wexler Young (AK) {time} 1242 Mr. GENE GREEN of Texas changed his vote from ``yea'' 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. Stated against: Mr. CARTER. Mr. Speaker, on rollcall No. 352, On Motion To Table H. Res. 1221, I was unavoidably absent due to a family medical emergency. Had I been present, I would have voted ``nay.'' ____________________