[Congressional Record Volume 141, Number 93 (Thursday, June 8, 1995)]
[House]
[Page H5698]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PARLIAMENTARY INQUIRIES

  Mr. LINDER. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state his inquiry.
  Mr. LINDER. Mr. Speaker, is it not under the longstanding rules of 
the House inappropriate to address on the floor of the House matters 
that are under discussion and not disposed of in the Ethics Committee?
  The SPEAKER pro tempore. The gentleman is correct.
  Mr. WISE. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state his inquiry.
  Mr. WISE. Under that same principle, though, is there not a 
difference between matters that might be under consideration by the 
Ethics Committee and matters and allegations dealing with any 
particular Member that are important before the body, particularly if 
the body or some of the body is pressing for the appointment of a 
counsel to remove it from the Ethics Committee?
  Finally let me add to that parliamentary inquiry, I thought the 
principle of this House as expressed by the Speaker of this House on 
March 8 in a press conference was, essentially paraphrasing, anything 
can be spoken about on the House floor? Mr. Speaker.
  The SPEAKER pro tempore. It is the Chair's understanding that that 
matter was clarified from the Chair the other day, first of all. 
Second, that Members should not refer to matters pending before the 
Ethics Committee.
  Mr. WISE. Mr. Speaker then I have this parliamentary inquiry, and I 
quote:

       The fact is, Members of the House are allowed to say 
     virtually anything on the House floor. * * * It is protected 
     and has been for 200 years. * * * It is written into the 
     Constitution.

  That was by Speaker Gingrich on March 8, 1995. Is that not, is that 
not the policy? Was the Speaker----
  Mr. LINDER. Mr. Speaker, that is not a parliamentary inquiry.
  The SPEAKER pro tempore. The Chair believes it was. It is the Chair's 
understanding the Speaker pro tempore, Mr. Burton, clarified that issue 
May 25 from the Chair.
  Mr. WISE. Mr. Speaker, what was his ruling? Could the Chair clarify 
that for those of us who were not here?
  The SPEAKER pro tempore. The Chair's ruling was that references in 
debate should not be made to ethical conduct of Members.
  Mr. WISE. So then the announcement by the Speaker of the House has 
been preempted by that, by the Speaker pro tempore?
  Mr. KOLBE. Mr. Speaker, regular order. That is not a parliamentary 
inquiry.
  The SPEAKER pro tempore. The gentleman is correct, that is not a 
parliamentary inquiry.
  Mr. LINDER. Mr. Speaker, is it not true matters can be spoken on the 
floor of the House within the rules and it is explicitly against the 
rules to refer to matters before the Ethics Committee before the House?
  The SPEAKER pro tempore. that was the precedent and that is the rule.
  Mr. WISE. Mr. Speaker, a parliamentary inquiry: Does that mean any 
matter before the Ethics Committee? I would like the Speaker to answer 
that.
  The SPEAKER pro tempore. The gentleman is correct.
  Mr. WISE. Does that mean any matter that might be brought to the 
Ethics Committee or letter that has been sent to the Ethics Committee. 
When is a matter before the Ethics Committee?
  The SPEAKER pro tempore. Members should not engage in personalities 
in debate and discuss the ethics of Members.
  Mr. WISE. Mr. Speaker, a further parliamentary inquiry: If the 
proceedings of the Ethics Committee are secret, how do we know what is 
before the Ethics Committee?
  The SPEAKER pro tempore. The Ethics Committee can report the matter 
in a proper way.
  Mr. WISE. But how do I know not to wander into this area if I do not 
know what the area is because the proceedings are secret; that is what 
I do not understand.
  The SPEAKER pro tempore. Or a Member may rise to a proper question of 
privilege.
  Mr. WISE. A parliamentary inquiry: A question of privilege to what? 
If the Speaker would guide the House we might avoid some of this.
  The SPEAKER pro tempore. To offer a resolution with respect to a 
matter and during the perdency of the resolution those matters may be 
discussed.
  Mr. WISE. I thank the Chair.

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