[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-66]

[Page 397-412]

                                 Rule IX
                         questions of privilege

  1. <> Questions
of privilege shall be, first, those affecting the rights of the House
collectively, its safety, dignity, and the integrity of its proceedings;
and second, those affecting the rights, reputation, and conduct of
Members, Delegates, or the Resident Commissioner, individually, in their
representative capacity only.
  2. (a)(1) A resolution <> reported as a question of the privileges of the House, or
offered from the floor by the Majority Leader or the Minority Leader as
a question of the privileges of the House, or offered as privi

[[Page 398]]

leged under clause 1, section 7, article I of the Constitution, shall
have precedence of all other questions except motions to adjourn. A
resolution offered from the floor by a Member, Delegate, or Resident
Commissioner other than the Majority Leader or the Minority Leader as a
question of the privileges of the House shall have precedence of all
other questions except motions to adjourn only at a time or place,
designated by the Speaker, in the legislative schedule within two
legislative days after the day on which the proponent announces to the
House his intention to offer the resolution and the form of the
resolution. Oral announcement of the form of the resolution may be
dispensed with by unanimous consent.
  (2) The time allotted for debate on a resolution offered from the
floor as a question of the privileges of the House shall be equally
divided between (A) the proponent of the resolution, and (B) the
Majority Leader, the Minority Leader, or a designee, as determined by
the Speaker.
  (b) A question of personal privilege shall have precedence of all
other questions except motions to adjourn.

  This rule was adopted in 1880 (III, 2521). It merely defined what had
been long established in the practice of the House but what the House
had hitherto been unwilling to define (II, 1603). It was amended in the
103d Congress to authorize the Speaker to designate a time within a
period of two legislative days for the consideration of a resolution to
be offered from the floor by a Member other than the Majority Leader or
the Minority Leader as a question of the privileges of the House after
that Member has announced to the House his intention to do so and the
content of the resolution, and to divide the time for debate on a
resolution offered from the floor as a question of the privileges of the
House (H. Res. 5, Jan. 5, 1993, p. 49). Clause 2 was amended in the
106th Congress to permit the

[[Page 399]]

announcement of the form of the resolution to be dispensed with by
unanimous consent, and clerical and stylistic changes were effected when
the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
1999, p. ----).

  The <> body of
precedent relating to questions of privilege includes rulings that span
the adoption of standing rule IX in 1880. The rule was adopted ``to
prevent the large consumption of time which resulted from Members
getting the floor for all kinds of speeches under the pretext of raising
a question of privilege'' (III, 2521). In a landmark decision on
constitutional assertions of privilege, Speaker Gillett placed
significant reliance on the history of rule IX by observing that it
``was obviously adopted for the purpose of hindering the extension of
constitutional or other privilege'' (VI, 48). Under House practice, a
resolution offered as a question of the privileges of the House is read
in full by the Clerk (Oct. 10, 1998, p. ----).

  The <> privileges
of the House include questions relating to its organization (I, 22-24,
189, 212, 290), and the title of its Members to their seats (III, 2579-
2587), which may be raised as questions of the privileges of the House
even though the subject has been previously referred to committee (I,
742; III, 2584; VIII, 2307). Such resolutions include those: (1) to
declare prima facie right to a seat, or to declare a vacancy, where the
House has referred the questions of prima facie and final rights to an
elections committee for investigation (H. Res. 1, Jan. 3, 1985, p. 381;
H. Res. 52, Feb. 7, 1985, p. 2220; H. Res. 97, Mar. 4, 1985, p. 4277; H.
Res. 121, Apr. 2, 1985, p. 7118; H. Res. 148, Apr. 30, 1985, p. 9801);
(2) to raise various questions incidental to the right to a seat (I,
322, 328, 673, 742; II, 1207; III, 2588; VII, 2316), such as a
resolution to declare a vacancy in the House because a Member-elect is
unable to take the oath of office and to serve as a Member or to
expressly resign the office due to an incapacitating illness (H. Res.
80, Feb. 24, 1981, p. 2916); (3) to declare neither of two claimants
seated pending a committee report and decision of final right to the
seat by the House (Jan. 3, 1961, pp. 23-25; Jan. 3, 1985, p. 381),
including incidental provisions providing compensation for both
claimants and office staffing by the Clerk (Jan. 3, 1985, p. 381) and to
direct temporary seating of a certified Member-elect pending
determination of final right notwithstanding prior House action
declining to seat either claimant (Feb. 7, 1985, p. 2220; Mar. 4, 1985,
p. 4277); and (4) to propose directly to dispose of a contest over the
title to a seat in the House (Nov. 8, 1997, p. ----; Nov. 9, 1997, p. --
--; Jan. 28, 1998, p. ----) or to dispose of such contest upon the
expiration of a specified day (Oct. 23, 1997, p. ----; Oct. 29, 1997, p.
----; Oct. 30, 1997, p. ----; Nov. 5, 1997, p. ----).
  A resolution electing a House officer is presented as a question of
privilege (July 31, 1997, p. ----). A resolution declaring vacant the
Office of the Speaker is presented as a matter of high constitutional
privilege (VI, 35). For further discussion with respect to the
organization of the House

[[Page 400]]

and the title of its Members to seats, see Sec. Sec. 18-30, 46-51, 56,
and 58-60, supra.

  The <> privileges of the House, as distinguished from that of
the individual Member, include questions relating to its constitutional
prerogatives in respect to revenue legislation and appropriations (see,
e.g., II, 1480-1501; VI, 315; Nov. 8, 1979, p. 31517; Oct. 1, 1985, p.
25418; June 16, 1988, p. 14780; June 21, 1988, p. 15425; Aug. 12, 1994,
p. 21655). For a more thorough record of revenue bills returned to the
Senate, see Sec. 102, supra. Such a question of privilege may be raised
at any time when the House is in possession of the papers (June 20,
1968, Deschler's Precedents, vol. 3, ch. 13, sec. 14.2; Aug. 19, 1982,
p. 22127), but not otherwise (Apr. 6, 1995, p. 10701). Such a question
of privilege includes a resolution asserting that a conference report
accompanying a House bill originated revenue provisions in derogation of
the sole constitutional prerogative of the House and resolving that such
bill be recommitted to conference (July 27, 2000, p. ----). The
constitutional prerogatives of the House also include its function with
respect to: (1) treaties (II, 1502-1537); (2) impeachment and matters
incidental thereto (see Sec. 604, supra); (3) bills ``pocket vetoed''
during an intersession adjournment (Nov. 21, 1989, p. 31156); (4) its
power to punish for contempt, whether of its own Members (II, 1641-
1665), of witnesses who are summoned to give information (II, 1608,
1612; III, 1666-1724), or of other persons (II, 1597-1640); and (5)
questions relating to legal challenges involving the prerogatives of the
House (Jan. 29, 1981, p. 1304; Mar. 30, 1982, p. 5890), including a
resolution responding to a court challenge to the prerogative of the
House to establish a Chaplain (Mar. 30, 1982, p. 5890). A resolution
laying on the table a message from the President containing certain
averments inveighing disrespect toward Members of Congress was
considered as a question of the privileges of the House asserting a
breach of privilege in a formal communication to the House (VI, 330).
For a discussion of the relationship of the House and its Members to the
courts, see Sec. Sec. 290-291b, supra.
  The ordinary rights and functions of the House under the Constitution
are exercised in accordance with the rules without precedence as matters
of privilege (III, 2567). For example, a legislative proposition
presented as a question of constitutional privilege under the provisions
of the 14th amendment was held not to involve a question of privilege
(VI, 48). Similarly, neither the enumeration of legislative powers in
article I of the Constitution nor the prohibition in the seventh clause
of section 9 of that article against any withdrawal from the Treasury
except by enactment of an appropriation renders a measure purporting to
exercise or limit the exercise of those powers a question of the
privileges of the House, because rule IX is concerned not with the
privileges of the Congress, as a legislative branch, but only with the
privileges of the House, as a House (Speaker Gingrich, Feb. 7, 1995, p.
3905; Dec. 22, 1995, p. 38501; Jan. 3, 1996, p. 40; Jan. 24, 1996, p.
1248; Feb. 1, 1996, p. 2245; Oct. 10, 1998, p. ----;

[[Page 401]]

Nov. 4, 1999, pp. ----, ----, ----). On the other hand, an extraordinary
question relating to the House vote required by the Constitution to pass
a joint resolution extending the ratification period of a proposed
constitutional amendment was raised as a question of privilege where the
House had not otherwise made a separate determination on that procedural
question and where consideration of the joint resolution had been made
in order (Speaker O'Neill, Aug. 15, 1978, p. 26203).

  The <> privileges of the House include certain questions relating to
the conduct of Members, officers, and employees (see, e.g., I, 284, 285;
III, 2628, 2645-2647). Under that standard, the following resolutions
have been held to constitute questions of the privileges of the House:
(1) a resolution directing the Committee on Standards of Official
Conduct to investigate illegal solicitation of political contributions
in the House Office Building by unnamed sitting Members (July 10, 1985,
p. 18397); (2) a resolution establishing an ad hoc committee to
investigate allegations of ``ghost'' employment in the House (Apr. 9,
1992, p. 9029); (3) a resolution directing a committee to further
investigate the conduct of a Member on which it has reported to the
House (Aug. 5, 1987, p. 22458); (4) a resolution directing the Committee
on Standards of Official Conduct to report to the House the status of an
investigation pending before the committee (Nov. 17, 1995, p. 33846;
Nov. 30, 1995, p. 35075); (5) a resolution appointing an outside counsel
(Sept. 19, 1996, p. 23851; Sept. 24, 1996, p. 24525); (6) a resolution
to commit other matters to an outside counsel already appointed by the
committee (June 27, 1996, p. 15917); (7) a resolution directing the
committee to release the report of an outside counsel (Sept. 19, 1996,
p. 23852; Sept. 24, 1996, p. 24526); (8) a resolution making allegations
concerning the propriety of responses by officers of the House to court
subpoenas for papers of the House without notice to the House, and
directions to a committee to investigate such allegations (Feb. 13,
1980, p. 2768); (9) a resolution making allegations of improper
representation by counsel of the legal position of Members in a brief
filed in the Court and directions for withdrawal of the brief (Mar. 22,
1990, p. 4996); (10) a resolution making allegations of unauthorized
actions by a committee employee to intervene in judicial proceedings
(Feb. 5, 1992, p. 1601); (11) a resolution directing the Clerk to notify
interested parties that the House regretted the use of official
resources to present to the Supreme Court of Florida a legal brief
arguing the unconstitutionality of congressional term limits, and that
the House had no position on that question (Nov. 4, 1991, p. 29968); and
(12) a resolution alleging a chronology of litigation relating to the
immunity of a Member from civil liability for bona fide official acts
and expressing the views of the House thereon (May 12, 1988, p. 10574).
For a discussion of disciplinary resolutions meting out punishment for
violations of standards of official conduct, which constitute questions
of the privileges of the House, see Sec. Sec. 62-66, supra.

[[Page 402]]

  In the 102d and 103d Congresses, a large number of resolutions
relating to the operation of the ``bank'' in the Office of the Sergeant-
at-Arms and the management of the Office of the Postmaster were
presented as questions of the privileges of the House. The former
category included resolutions: (1) terminating all bank and check-
cashing operations in the Office of the Sergeant-at-Arms and directing
the Committee on Standards of Official Conduct to review GAO audits of
such operations (Oct. 3, 1991, p. 25435); (2) instructing the Committee
on Standards of Official Conduct to disclose the names and pertinent
account information of Members and former Members found to have abused
the privileges of the ``bank'' in the Office of the Sergeant-at-Arms
(Mar. 12, 1992, p. 5519); (3) instructing the Committee on Standards of
Official Conduct to disclose further account information respecting
Members and former Members having checks held by that entity (Mar. 12,
1992, p. 5534); (4) mandating full and accurate disclosure of pertinent
information concerning the operation of that entity (Mar. 12, 1992, p.
5551); (5) responding to a subpoena for records of that entity (Apr. 29,
1992, p. 9453); (6) responding to a contemporaneous request for such
records from a Special Counsel (Apr. 29, 1992, p. 9763); and (7)
authorizing an officer of the House to release certain documents in
response to another such request from the Special Counsel (May 28, 1992,
p. 12790). The latter category included resolutions: (1) directing the
Committee on House Administration to conduct a thorough investigation of
the operation and management of the Office of the Postmaster in light of
recent press allegations of wrongdoing (Feb. 5, 1992, p. 1589); (2)
creating a select committee to investigate the same matter (Feb. 5,
1992, p. 1599); (3) requiring an explanation of a reported interference
with authorized access to a committee investigation of that matter (Apr.
9, 1992, p. 9024); (4) redressing a perception of obstruction of justice
by recusing the General Counsel to the Clerk from matters relating to
the investigation of that matter (Apr. 9, 1992, p. 9076); (5) directing
the Speaker to explain the lapse of time before the House received
notice that several Members and an officer of the House had received
subpoenas to testify before a Federal grand jury investigating that
matter (May 14, 1992, p. 11309); (6) directing the Committee on House
Administration to transmit to the Committee on Standards of Official
Conduct and to the Department of Justice all records obtained by its
task force to investigate that matter (July 22, 1992, p. 18786); (7)
directing the Committee on Standards of Official Conduct to investigate
violations of confidentiality by staff engaged in the investigation of
that matter (July 22, 1992, p. 18795); (8) directing the Committee on
House Administration to release transcripts of the proceedings of its
task force to investigate that matter, where the investigation was
ordered as a question of privilege and its results had been ordered
reported to the House (July 22, 1992, p. 18796; July 23, 1992, p.
19125); (9) directing the Committee on House Administration to redress
the inaccurate naming of a Member in minority views accompanying a
report on that matter (July 23, 1992, p. 19121); (10) directing the
public release of official papers of

[[Page 403]]

the House relating to an investigation by the Committee on House
Administration's task force to investigate the operation and management
of the Office of the Postmaster (July 22, 1993, p. 16634); (11)
directing the public release of transcripts and other relevant documents
relating to an investigation by the Committee on House Administration's
task force to investigate the operation and management of the Office of
the Postmaster unless two designees of the bipartisan leadership agree
to the contrary (June 9, 1994, p. 12437); and (12) directing the
Committee on Standards of Official Conduct to defer any investigation
relating to the operation of the former Post Office until assured that
its inquiry would not interfere with an ongoing criminal investigation,
as well as a resolution directing the Committee on Standards of Official
Conduct to proceed with the investigation (Mar. 2, 1994, p. 3672).
  In the 105th Congress a 12-member bipartisan task force appointed by
the Majority and Minority Leaders conducted a comprehensive review of
the House ethics process. During the deliberations of the task force,
the House imposed a moratorium on raising certain questions of privilege
under this rule with respect to official conduct and on the filing or
processing of ethics complaints. The moratorium was imposed in the
expectation that the recommendations of the task force would include
rules changes relating to establishment and enforcement of standards of
official conduct for Members, officers, and employees of the House (Feb.
12, 1997, p. ----). The moratorium was extended through September 10,
1997 (July 30, 1997, p. ----). The task force recommendations ultimately
were reported from the Committee on Rules and were adopted with certain
amendments (H. Res. 168, Sept. 18, 1997, p. ----).

  The <> privileges of the House include questions relating to the
integrity of its proceedings, including the processes by which bills are
considered (III, 2597-2601, 2614; IV, 3383, 3388, 3478), such as the
constitutional question of the vote required to pass a joint resolution
extending the State ratification period of a proposed constitutional
amendment (Speaker O'Neill, Aug. 15, 1978, p. 26203). Privileges of the
House also include: (1) resignation of a Member from a select or
standing committee (Speaker Albert, June 16, 1975, p. 19054; Speaker
O'Neill, Mar. 8, 1977, pp. 6579-82); (2) newspaper charges affecting the
honor and dignity of the House (VII, 911); and (3) the conduct of
representatives of the press (II, 1630, 1631; III, 2627; VI, 553).
  Admission to the floor of the House constitutes a question of
privilege (III, 2624-2626), including a resolution alleging indecorous
behavior of a former Member and instructing the Sergeant-at-Arms to ban
the former Member from the floor, and rooms leading thereto, until the
resolution of a contested election to which he was party (H. Res. 233,
Sept. 18, 1997, p. ----).
  The accuracy and propriety of reports in the Congressional Record also
constitute a question of privileges of the House (V, 7005-7023; VIII,
3163,

[[Page 404]]

3461, 3463, 3464, 3491, 3499; Apr. 20, 1936, p. 5704; May 11, 1936, p.
7019; May 7, 1979, p. 10099), including a resolution: (1) asserting that
a Member's remarks spoken in debate were omitted from the printed
Record, directing that the Record be corrected and requiring the Clerk
to report on the circumstances and possible corrective action (July 29,
1983, p. 21685); (2) directing the Committee on Rules to investigate and
report to the House within a time certain on alleged alterations of the
Congressional Record (Jan. 24, 1984, p. 250); and (3) addressing whether
the Record should constitute a verbatim transcript (May 8, 1985, p.
11072; Feb. 7, 1990, p. 1515). Although a motion to correct the
Congressional Record based on improper alterations or insertions may be
raised as a question of privilege, mere typographical errors or ordinary
revisions of a Member's remarks do not form the basis for privileged
motions to correct the Record (Apr. 25, 1985, p. 9419; see Sec. 690,
supra).
  The protection of House records constitutes a question of the
privileges of the House, especially when records are demanded by the
courts (III, 2604, 2659, 2660-2664; VI, 587; Sept. 18, 1992, p. 25750;
see also Sec. 291, supra). Privileges of the House involving records
also include: (1) a resolution furnishing certain requested information
to an Independent Counsel investigating covert arms transactions with
Iran (June 4, 1992, p. 13664); (2) a resolution responding to a request
of a law enforcement official regarding the timing of the public release
of official papers of the House (July 22, 1993, p. 16624); (3) a
resolution directing a committee to investigate press publication of a
report that the House had ordered not to be released (Speaker Albert,
Feb. 19, 1976, p. 3914); (4) a resolution directing the public release
of transcripts and other relevant documents relating to an investigation
by the Committee on House Administration's task force to investigate the
operation and management of the Office of the Postmaster unless two
designees of the bipartisan leadership agreed to the contrary (June 9,
1994, p. 12437); and (5) a resolution alleging that a Member willfully
abused his power as chairman of a committee by unilaterally releasing
records of the committee in contravention of its rules (adopted
``protocol''), and expressing disapproval of such conduct (May 14, 1998,
p. ----). However, a resolution directing a standing committee to
release executive-session material referred to it as such by special
rule of the House was held to propose a change in the rules and,
therefore, not to constitute a question of the privileges of the House
under rule IX (Sept. 23, 1998, p. ----).
  A question regarding the accuracy of House documents constitutes a
question of privileges of the House (V, 7329), including: (1) a
resolution asserting that a printed transcript of joint subcommittee
hearings contained unauthorized alterations of the statements of
subcommittee members in the prior Congress and that unauthorized
alterations may have occurred in other committee hearing transcripts,
and proposing the creation of a select committee to investigate and
report back by a date certain (June 29, 1983, p. 18279); (2) a
resolution alleging the unauthorized creation and falsification of
documents distributed to the general public at

[[Page 405]]

a committee hearing and resolving that the Speaker take appropriate
measures to ensure the integrity of the legislative process and report
his actions and recommendations to the House (Oct. 25, 1995, p. 29373);
and (3) a resolution requesting the Senate to return a House-passed bill
and accompanying papers to the House if an error had been made by the
Clerk in preparing the message to the Senate (Oct. 1, 1982, p. 27172).
The privileges of the House also include: (1) the integrity of its
Journal (II, 1363; III, 2620) and messages (III, 2613); (2) unreasonable
delay in transmitting an enrolled bill to the President (Oct. 8, 1991,
p. 25761); and (3) a concurrent resolution directing the Clerk of the
House and the Secretary of the Senate to produce official duplicates of
certain legislative papers (Oct. 5, 1992, p. 32064).
  A resolution alleging that the Chair had improperly ordered the
interruption of audio broadcast coverage of certain House proceedings
constitutes a question of privileges of the House (Mar. 17, 1988, p.
4180), as does a resolution providing for an experiment in the
telecasting and broadcasting of House proceedings (Speaker O'Neill, Mar.
15, 1977, p. 7607). Similarly, a resolution authorizing and directing
the Speaker to provide for the audio and visual broadcast coverage of
the Chamber while Members are voting has been held to present a question
of the privileges of the House, because rule V (former clause 9 of rule
I), which requires complete and unedited audio and visual coverage of
House proceedings and coverage of record votes, had not been implemented
(Apr. 30, 1985, p. 9821).
  Alleged improprieties in committee procedures, including charges of
committee inaction (III, 2610), secret committee conferences (VI, 578),
refusal to make staff study available to certain Members and to the
public (Feb. 14, 1939, p. 1370), refusal to give hearings or allow
petitions to be read (III, 2607), refusal to permit committee member to
take photostatic copies of committee files (Aug. 14, 1957, p. 14739),
and a determination whether a committee violated House rules by voting
to take allegedly defamatory testimony in open session (June 30, 1958,
p. 12690), were all held not to give rise to a question of the
privileges of the House.

  The <> privileges of the House include questions relating to the
comfort and convenience of Members and employees (III, 2629-2636), such
as resolutions concerning the proper attire for Members in the Chamber
when the temperature is uncomfortably warm (July 17, 1979, p. 19008); as
well as questions relating to safety, such as resolutions requiring an
investigation into the safety of Members in view of alleged structural
deficiencies in the West Front of the Capitol (July 25, 1980, pp. 19762-
64); and directing the appointment of a select committee to inquire into
alleged fire safety deficiencies in the environs of the House (May 10,
1988, p. 10286).

  A motion <> to amend
the Rules of the House does not present a question of privilege (Speaker
Cannon, sustained by the House, thereby overruling the decision of March
19, 1910 (VIII, 3376), which held such motion privileged (VIII, 3377)),

[[Page 406]]

and a question of the privileges of the House may not be invoked to
effect a change in the rules or standing orders of the House or their
interpretation (Speaker O'Neill, Dec. 6, 1977, pp. 38470-73; Sept. 9,
1988, p. 23298; July 30, 1992, p. 20339; Jan. 31, 1996, p. 1887),
including directions to the Speaker infringing upon his discretionary
power of recognition under clause 2 of rule XVII (former clause 2 of
rule XIV) (July 25, 1980, pp. 19762-64), for example, by requiring that
he give priority in recognition to any Member seeking to call up a
matter highly privileged pursuant to a statutory provision, over a
member from the Committee on Rules seeking to call up a privileged
report from that committee (Speaker Wright, Mar. 11, 1987, p. 5403), or
by requiring that he state the question on overriding a veto before
recognizing for a motion to refer (thereby overruling prior decisions of
the Chair to change the order of precedence of motions) (Speaker Wright,
Aug. 3, 1988, p. 20281). Similarly, a resolution alleging that, in light
of an internationally objectionable French program of nuclear test
detonations, for the House to receive the President of France in a joint
meeting would be injurious to its dignity and to the integrity of its
proceedings, and resolving that the Speaker withdraw the pending
invitation and refrain from similar invitations, was held not to present
a question of the privileges of the House because it proposed a
collateral change in an order of the House previously adopted (that the
House recess for the purpose of receiving the President of France) and a
new rule for future cases (Jan. 31, 1996, p. 1887). A resolution
collaterally challenging the validity or fairness of an adopted rule of
the House by delaying its implementation was held not to give rise to a
question of the privileges of the House (Speaker Foley, sustained by
tabling of appeal, Feb. 3, 1993, p. 1974). A resolution directing that
the party ratios of all standing committees, subcommittees, and staffs
thereof be changed within a time certain to reflect overall party ratios
in the House was held to constitute a change in the Rules of the House
and not to constitute a proper question of the privileges of the House
(the standing rules already providing mechanisms for selecting committee
members and staff) (Jan. 23, 1984, p. 78). On the other hand, although
the Rules of the House establish a procedure for fixing the ratio of
majority to minority members on full committees and also provide that
subcommittees are subject to the direction and control of the full
committee (clause 1 of rule XI), a question of the privileges of the
House is raised where it is alleged that subcommittee ratios should
reflect full committee ratios established by the House and failure to do
so denies representational rights at the subcommittee level (Oct. 4,
1984, p. 30042). A resolution alleging that a recitation of the Pledge
of Allegiance at the start of each legislative day would enhance the
dignity and integrity of the proceedings of the House and directing that
the Speaker implement such a recitation as the practice of the House was
held to propose a change in the rules and therefore not to give rise to
a question of the privileges of the House (Sept. 9, 1988, p. 23298). A
resolution directing that the reprogramming process established in law
for legislative branch appropria

[[Page 407]]

tions be subjected to third-party review for conformity with external
standards of accounting but alleging no deviation from duly constituted
procedure was held not to give rise to a question of the privileges of
the House (Speaker Foley, sustained by tabling of appeal, May 20, 1992,
p. 12005). A resolution to permit the Delegate of the District of
Columbia to vote on articles of impeachment of the President in
contravention of statutory law and the Rules of the House was held to be
tantamount to change in the rules and therefore not to constitute a
question of the privileges of the House (Dec. 18, 1998, p. ----). A
resolution directing a standing committee to release executive-session
material referred to it as such by special rule of the House was held to
propose a change in the rules and, therefore, not to constitute a
question of the privileges of the House (Sept. 23, 1998, p. ----).
  A question of the privileges of the House may not be invoked to
prescribe a special order of business for the House, because otherwise
any Member would be able to attach privilege to a legislative measure
merely by alleging impact on the dignity of the House based upon House
action or inaction (Speaker Albert, June 27, 1974, p. 21596; July 31,
1975, p. 26250; Dec. 22, 1995, p. 38501; Jan. 3, 1996, p. 40; Jan. 24,
1996, p. 1248). For example, a resolution alleging that the inability of
the House to enact certain legislation constituted an impairment of the
dignity of the House, the integrity of its proceedings, and its place in
public esteem, and resolving that the House be considered to have passed
such legislation, does not give rise to a question of the privileges of
the House (Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248). Similarly, a
resolution precluding an adjournment of the House until a specified
legislative measure is considered does not constitute a question of the
privileges of the House (Feb. 1, 1996, p. 2247). See also Sec. 702,
supra, for a discussion of legislative propositions purporting to
present questions of the privileges of the House.

  The <> clause
of the rule giving questions over privilege precedence of all other
questions except a motion to adjourn is a recognition of a well-
established principle in the House, for it is an axiom of the
parliamentary law that such a question ``supersedes the consideration of
the original question, and must be first disposed of'' (III, 2522, 2523;
VI, 595). As the business of the House began to increase it was found
necessary to give certain important matters a precedence by rule, and
such matters are called ``privileged questions.'' But as they relate
merely to the order of business under the rules, they are to be
distinguished from ``questions of privilege'' which relate to the safety
or efficiency of the House itself as an organ for action (III, 2718). It
is evident, therefore, that a question of privilege takes precedence
over a matter merely privileged under the rules (III, 2526-2530; V,
6454; VIII, 3465). Certain matters of business, arising under provisions
of the Constitution mandatory in nature, have been held to have a
privilege which superseded the rules establishing the order of business,
as bills providing for census or apportionment (I, 305-308), bills
returned with the objections

[[Page 408]]

of the President (IV, 3530-3536), propositions of impeachment (see
Sec. 604, supra), and questions incidental thereto (III, 2401, 2418; V,
7261; July 22, 1986, p. 17306; Dec. 2, 1987, p. 33720; Jan. 3, 1989, p.
84; Feb. 7, 1989, p. 1726), matters relating to the count of the
electoral vote (III, 2573-2578), resolutions relating to adjournment and
recess of Congress (V, 6698, 6701-6706; Nov. 13, 1997, p. ----), and a
resolution declaring the Office of the Speaker vacant (VI, 35); but
under later decisions certain of these matters which have no other basis
in the Constitution or in the rules for privileged status, such as bills
relating to census and apportionment, have been held not to present
questions of privilege, and the effect of such decisions is to require
all questions of privilege to come within the specific provisions of
this rule (VI, 48; VII, 889; Apr. 8, 1926, p. 7147) (see Sec. 702,
supra).
  A resolution that presents a proper question of the privileges of the
House (alteration of subcommittee hearing transcripts) may propose the
creation of a select investigatory committee with subpoena authority to
report back to the House by a date certain (June 29, 1983, p. 18104),
but may not appropriate funds for the investigating committee from the
contingent fund (now referred to as ``applicable accounts of the House
described in clause 1(i)(1) of rule X'') (VI, 395).

  The <> privilege of
the Member rests primarily on the Constitution, which gives to him a
conditional immunity from arrest (Sec. 90, supra) and an unconditional
freedom of debate in the House (III, 2670, Sec. 92, supra). A menace to
the personal safety of Members from an insecure ceiling in the Hall was
held to involve a question of the highest privilege (III, 2685); and an
assault on a Member within the Capitol when the House was not in
session, from a cause not connected with the Member's representative
capacity, was also held to involve a question of privilege (II, 1624).
But there has been doubt as to the right of the House to interfere for
the protection of Members, who outside the Hall, get into difficulties
not connected with their official duties (II, 1277; III, 2678;
footnote). Charges against the conduct of a Member are held to involve
privilege when they relate to his representative capacity (III, 1828-
1830, 2716; VI, 604, 612; VIII, 2479); but when they relate to conduct
at a time before he became a Member they have not been entertained as of
privilege (II, 1287; III, 2691, 2723, 2725). While questions of personal
privilege normally involve matters touching on a Member's reputation, a
Member may be recognized for a question of personal privilege based on a
violation of his rights as a Member, such as unauthorized printed
alterations in his statements made during a subcommittee hearing in a
prior Congress (since the second phrase of this clause speaks to the
``rights, reputation, and conduct of Members, individually'') (June 28,
1983, p. 17674). A printed characterization by an officer of the House
of a Member's proposed amendments as ``dilatory and frivolous'' may give
rise to a question of personal privilege (Aug. 1, 1985, p. 22542) as may
the fraudulent use of a Member's official stationery as a ``Dear
Colleague'' letter (Sept.

[[Page 409]]

17, 1986, p. 23605). While a Member may be recognized on a question of
personal privilege to complain about an abuse of House rules as applied
to debate in which he was properly participating, he may not raise a
question of personal privilege merely to complain that microphones had
been turned off during disorderly conduct following expiration of his
recognition for debate (Mar. 16, 1988, p. 4085).
  Speaker Wright rose to a question of personal privilege to respond to
a ``statement of alleged violations'' pending in the Committee on
Standards of Official Conduct; and, pending the committee's disposition
of his motion to dismiss, announced his intention to resign as Speaker
and as a Member (May 31, 1989, p. 10440). Speaker Gingrich rose to a
question of personal privilege to discuss his own official conduct
previously resolved by the House, which question was based upon press
accounts (Apr. 17, 1997, p. ----). Speaker Hastert rose to a question of
personal privilege to discuss the process for selecting a Chaplain,
which question was based on press accounts (Mar. 23, 2000, p. ----).
  A Member rose to a question of personal privilege to discuss his own
official conduct relative to his account with the ``bank'' operated by
the Sergeant-at-Arms, which question was based on press accounts (Mar.
19, 1992, p. 6074). A Member rose to a question of personal privilege
based on press accounts concerning allegations by other Members that he,
as a committee chairman, had been ``buying votes'' (Mar. 26, 1998, p. --
--). A committee chairman rose to a question of personal privilege based
on press accounts containing statements impugning his character and
motive by alleging intentional violation of rules as chairman of a
committee conducting an investigation (May 12, 1998, p. ----). A
committee chairman rose to a question of personal privilege to discuss
his own official conduct, which question was based on a letter of
reproval reported by the Committee on Standards of Official Conduct
(Oct. 5, 2000, p. ----).
  A distinction has been drawn between charges made by one Member
against another in a newspaper or in a press release (July 28, 1970, p.
26002) or in a ``Dear Colleague'' letter (Aug. 4, 1989, p. 19139; May
14, 1996, p. 11081), and the same when made on the floor (III, 1827,
2691, 2717). Charges made in newspapers against Members in their
representative capacities involve privilege (III, 1832, 2694, 2696-2699,
2703, 2704; VI, 576, 621; VIII, 2479), even though the names of
individual Members are not given (III, 1831, 2705, 2709; VI, 616, 617).
But vague charges in newspaper articles (III, 2711; VI, 570), criticisms
(III, 2712-2714; VIII, 2465), or even misrepresentations of the Member's
speeches or acts or responses in an interview (III, 2707, 2708; Aug. 3,
1990, p. 22135), have not been entertained. A question of personal
privilege may not ordinarily be based merely on words spoken in debate
(July 23, 1987, p. 20861; Mar. 16, 1988, p. 4085; Nov. 16, 1989, p.
29569; Sept. 25, 1996, p. 24807) or conveyed by an exhibit in debate
(June 28, 2000, p. ----). However, a Member may raise a question of
personal privilege based upon press accounts of another Member's
remarks, in debate or off the floor, which im

[[Page 410]]

pugn his character or motives (May 15, 1984, pp. 12207, 12211; May 31,
1984, p. 14620), or based upon newspaper accounts of televised press
coverage of a committee hearing at which he was criticized derogatorily
(Mar. 3, 1988, p. 3196).

  The <> body of precedent relating to the precedence of questions of
privilege spans both the adoption of standing rule IX in 1880 and its
amendment to require notice in certain cases in 1993.
  A question of privilege which relates to a breach of privilege (an
assault) occurring during the reading of the Journal may interrupt its
reading (II, 1630). A question of privilege may interrupt the reading of
the Journal (II, 1630; VI, 637), the consideration of a bill under a
special order (III, 2524, 2525), even where the rule thereon provides
for a vote without intervening motion (VI, 560), a proposition to
suspend the rules (III, 2553; VI, 553, 565), the consideration of
certain matters on which the previous question has been ordered (III,
2532; VI, 561; VIII, 2688), business in order on Calendar Wednesday (VI,
394; VII, 908-910), reports from the Rules Committee before
consideration has begun (VIII, 3491; Mar. 11, 1987, p. 5403), call of
the Consent Calendar on Monday (VI, 553), before that Calendar was
repealed in the 104th Congress (H. Res. 168, June 20, 1995, p. 16574),
and motions to resolve into the Committee of the Whole (VI, 554; VIII,
3461). A question of the privileges of the House takes precedence over
unfinished business, privileged under clauses 1 and 3 of rule XIV
(former rule XXIV) (Speaker Albert, June 4, 1975, p. 16860). Since a
resolution raising a question of the privileges of the House takes
precedence over a motion to suspend the rules, it may be offered and
voted on between motions to suspend the rules on which the Speaker has
postponed record votes until after debate on all suspensions (May 17,
1983, p. 12486). In general, one question of privilege may not take
precedence over another (III, 2534, 2552, 2581), and the Chair's power
of recognition determines which of two matters of equal privilege is
considered first (July 24, 1990, p. 18916). While under rule IX a
question of the privileges of the House takes precedence over all other
questions except the motion to adjourn, the Speaker may, pursuant to his
power of recognition under clause 2 of rule XVII (former clause 2 of
rule XIV), entertain unanimous-consent requests for ``one-minute
speeches'' pending recognition for a question of privilege, since such
unanimous-consent requests, if granted, temporarily waive the standing
Rules of the House relating to the order of business (Speaker O'Neill,
July 10, 1985, p. 18394; Feb. 6, 1989, pp. 1676-82).
  A Member's announcement of intent to offer a resolution as a question
of privilege may take precedence over a special order reported from the
Committee on Rules; but, where a special order is pending, such
announcements are counted against debate on the resolution absent
unanimous consent to the contrary (Oct. 28, 1997, p. ----).
  While a question of privilege is pending, a message of the President
is received (V, 6640-6642), but is read only by unanimous consent (V,
6639).

[[Page 411]]

A motion to reconsider may also be entered but may not be considered (V,
5673-5676). It has been held that only one question of privilege may be
pending at a time (III, 2533), but having presented one question of
privilege, a Member, before discussing it, may submit a second question
of privilege related to the first and discuss both on one recognition
(VI, 562). While a resolution raising a question of the privileges of
the House has precedence over all other questions, it is nevertheless
subject to disposition by the ordinary motions permitted under clause 4
of rule XVI, and by the motion to commit under clause 2 of rule XIX
(former clause 1 of rule XVII) (Speaker Albert, Feb. 19, 1976, p. 3914;
Apr. 28, 1983, p. 10423; Mar. 22, 1990, p. 4996).

  When <> a Member proposes merely to address the House on a question
of personal privilege, and does not bring up a resolution affecting the
dignity or integrity of the House for action, the practice as to
precedence is somewhat different. Thus, a Member rising to a question of
personal privilege may not interrupt a call of the yeas and nays (V,
6051, 6052, 6058, 6059; VI, 554, 564), or take from the floor another
Member who has been recognized for debate (V, 5002; VIII, 2459, 2528;
Sept. 29, 1983, p. 26508; July 23, 1987, p. 20861), but he may interrupt
the ordinary legislative business (III, 2531). A Member may address the
House on a question of personal privilege even after the previous
question has been ordered on a pending bill (VI, 561; VIII, 2688). Under
modern practice, a question of personal privilege may not be raised in
the Committee of the Whole (Sept. 4, 1969, p. 24372; Dec. 13, 1973, p.
41270), the proper remedy being that a demand that words uttered in the
Committee of the Whole be taken down pursuant to clause 4 of rule XVII
(former clause 5 of rule XIV); yet a breach of privilege occurring in
the Committee of the Whole relates to the dignity of the House and is so
treated (II, 1657). A question of personal privilege may not be raised
while a question of the privileges of the House is pending (Apr. 30,
1985, p. 9808; May 1, 1985, p. 10003).

   <> During a call of the House in the absence of a quorum, only
such questions of privilege as relate immediately to those proceedings
may be presented (III, 2545). See also Sec. 1024, infra.

<>   Whenever
it is asserted on the floor that the privileges of the House are
invaded, the Speaker entertains the question (II, 1501), and may then
refuse recognition if the resolution is not admissible as a question of
privilege under the rule. A proper question of privilege may be renewed
(Nov. 17, 1995, p. 33846). Although the early custom was for the Speaker
to submit to the House the question whether a resolution involved the
privileges of the House (III, 2718), the modern practice is for the
Speaker to rule directly on the question (VI, 604; Speaker Wright, Mar.
11, 1987, p. 5404; Feb. 3, 1995, p. 3571; Feb. 7, 1995, p. 3905),
subject to appeal where appropriate (Speaker Albert, June 27, 1974, p.
21596).

[[Page 412]]

  Under the form of the rule adopted in the 103d Congress, the Speaker
may in his discretion recognize a Member other than the Majority or
Minority Leader to proceed immediately on a resolution offered as a
question of the privileges of the House without first designating a
subsequent time or place in the legislative schedule within two
legislative days (Speaker Foley, Feb. 3, 1993, p. 1974); and he is not
required to announce the time designated to consider a resolution at the
time the resolution is noticed but may announce his designation at a
later time (Feb. 11, 1994, p. 2209). The Speaker does not rule on the
privileged status of a resolution at the time that resolution is
noticed, but only when the resolution is called up within two
legislative days (Feb. 11, 1994, p. 2209; Sept. 13, 1994, p. 24389; Feb.
3, 1995, p. 3571).
  Common fame has been held sufficient basis for raising a question
(III, 2538, 2701); a telegraphic dispatch may also furnish a basis (III,
2539). A report relating to the contemptuous conduct of a witness before
a committee gives rise to a question of the privileges of the House and
may, under this rule, be considered on the same day reported
notwithstanding the requirement of clause 4(a) of rule XIII (former
clause 2(l)(6) of rule XI) that reports from committees be available to
Members for at least three calendar days prior to their consideration
(Speaker Albert, July 13, 1971, pp. 24720-23). But a Member may not, as
matter of right, require the reading of a book or paper on suggesting
that it contains matter infringing on the privileges of the House (V,
5258). In presenting a question of personal privilege the Member is not
required in the first instance to offer a motion or resolution, but he
must take this preliminary step in raising a question of general
privileges (III, 2546, 2547; VI, 565-569; VII, 3464). A proposition of
privilege may lose its precedence by association with a matter not of
privilege (III, 2551; V, 5890; VI, 395). Debate on a question of
privilege is under the hour rule (V, 4990; VIII, 2448), but the previous
question may be moved (II, 1256; V, 5459, 5460; VIII, 2672); since the
103d Congress, however, the rule has provided for divided control of the
hour in the case of a resolution offered from the floor. Consideration
of a resolution as a question of the privileges of the House has
included an hour of debate on a motion to refer under clause 4 of rule
XVI; a separate hour of debate on the resolution, itself, under clause 2
of rule XVII (former clause 2 of rule XIV); and a motion to commit (not
debatable after the ordering of the previous question) under clause 2 of
rule XIX (former clause 1 of rule XVII) (Mar. 12, 1992, p. 5557). Debate
on a letter of resignation is controlled by the Member moving the
acceptance of the resignation (Mar. 8, 1977, pp. 6579-82) if the
resigning Member does not seek recognition (June 16, 1975, p. 19054).
Debate on a question of personal privilege must be confined to the
statements or issues which gave rise to the question of privilege (V,
5075-77; VI, 576, 608; VIII, 2448, 2481; May 31, 1984, p. 14623).