JOURNAL OF THE

594

T57.18 APRIL 6

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Combest

Condit

Conyers

Cooley

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeFazio

DeLauro

DeLay

Dellums

Deutsch

Diaz-Balart

Dicks

Dingell

Dixon

Doggett

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Everett

Ewing

Farr

Fattah

Fawell

Fazio

Fields (LA)

Fields (TX)

Filner

Flake

Flanagan

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Furse

Gallegly

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

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Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (FL)

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnson, Sam

Johnston

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

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Klink

Klug

Knollenberg

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Lantos

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Latham

LaTourette

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Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

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Martinez

Martini

Mascara

Matsui

McCarthy

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McHale

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Meehan

Meek

Menendez

Metcalf

Meyers

Mfume

Mica

Miller (CA)

Miller (FL)

Mineta

Minge

Mink

Moakley

Molinari

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Montgomery

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Morella

Murtha

Myers

Myrick

Nadler

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

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Obey

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Orton

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Packard

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Parker

Pastor

Paxon

Payne (NJ)

Payne (VA)

Peterson (FL)

Peterson (MN)

Petri

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Quinn

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Reed

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Richardson

Riggs

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Roberts

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Rogers

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Ros-Lehtinen

Rose

Roth

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Royce

Rush

Sabo

Salmon

Sanders

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shadegg

Shaw

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Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

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Spence

Spratt

Stark

Stearns

Stenholm

Stockman

Stokes

Studds

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Stupak

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thompson

Thornberry

Thornton

Thurman

Tiahrt

Torkildsen

Torres

Torricelli

Towns

Traficant

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Upton

Velazquez

Vento

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Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

ANSWERED ‘‘PRESENT’’—2

Becerra Roybal-Allard

NOT VOTING—9

Ackerman

Chapman

Dickey

Frost

Ganske

Pelosi

Pickett

Rangel

Reynolds

So the conference report was agreed

to.

A motion to reconsider the vote

whereby said conference report was

agreed to was, by unanimous consent,

laid on the table.

Ordered, That the Clerk notify the

Senate thereof.

T57.18 CONFORMING COMMITTEES AND

OFFICERS OF THE HOUSE

Mr. THOMAS, by unanimous consent,

submitted for consideration the bill

(H.R. 1421) to provide that references in

the statutes of the United States to

any committee or officer of the House

of Representatives the name or jurisdiction of which was changed as part of

the reorganization of the House of Representatives at the beginning of the

One Hundred Fourth Congress shall be

treated as referring to the currently

applicable committee or officer of the

House of Representatives.

When said bill was considered, read

twice, ordered to be engrossed and read

a third time, was read a third time by

title, and passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T57.19 COMMODITY FUTURES TRADING

COMMISSION

On motion of Mr. ROBERTS, by

unanimous consent, the bill of the Senate (S. 178) to amend the Commodity

Exchange Act to extend the authorization for the Commodity Futures Trading Commission, and for other purposes; was taken from the Speaker’s

table.

When said bill was considered, read

twice, ordered to be read a third time,

was read a third time by title, and

passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk notify the

Senate thereof.

T57.20 PRIVILEGES OF THE HOUSE

Mr. DEUTSCH rose to a question of

the privileges of the House and called

up the following resolution (H. Res.

131):

Whereas rule IX of the Rules of the House

of Representatives provides that questions of

privilege shall arise whenever the rights of

the House collectively are affected:

Whereas, under the precedents, customs,

and traditions of the House pursuant to rule

IX, a question of privilege has arisen in cases

involving the constitutional prerogatives of

the House;

Whereas section 7 of Article I of the Constitution requires that revenue measures

originate in the House of Representatives;

and

Whereas the conference report on the bill

H.R. 831 contained a targeted tax benefit

which was not contained in the bill as passed

the House of Representatives and which was

not contained in the amendment of the Senate: Now, therefore, be it

Resolved, That the Comptroller General of

the United States shall prepare and transmit, within 7 days after the date of the adoption of this resolution, a report to the House

of Representatives containing the opinion of

the Comptroller General on whether the addition of a targeted tax benefit by the conferees to the conference report on the bill

H.R. 831 (A bill to amend the Internal Revenue Code of 1986 to permanently extend the

deduction for the health insurance costs of

self-employed individuals, to repeal the provision permitting nonrecognition of gain on

sales and exchanges effectuating policies of

the Federal Communications Commission,

and for other purposes) violates the requirement of the United States Constitution that

all revenue measures originate in the House

of Representatives.

The SPEAKER pro tempore, Mr.

MCINNIS, ruled that the resolution

submitted did not present a question of

the privileges of the House under rule

IX, and said:

The Chair rules that the resolution

does not constitute a question of privilege under rule IX.

The resolution offered by the gentleman from Florida collaterally questions actions taken by a committee of

conference on a House-originated revenue bill by challenging the inclusion

in the conference report of additional

revenue matter not contained in either

the House bill nor the Senate amendment committed to conference. The

resolution calls for a report by the

Comptroller General on the propriety

under section 7 of article I of the Constitution of those proceedings and conference actions on a bill that has already moved through the legislative

process.

In the opinion of the Chair, such a

resolution does not raise a question of

the privileges of the House. As recorded

in Deschler’s Precedents, volume 3,

chapter 13, section 14.2, a question of

privilege under section 7 of article I of

the Constitution may be raised only

when the House is ‘‘in possession of the

papers.’’ In other words, any allegation

of infringement on the prerogatives of