[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[House]
[Pages H8504-H8505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1730
    PRIVILEGES OF THE HOUSE--ORDERING IMMEDIATE PRINTING OF ENTIRE 
   COMMUNICATION RECEIVED ON SEPTEMBER 9, 1998, FROM AN INDEPENDENT 
                                COUNSEL

  Mr. CONDIT. Mr. Speaker, I offer a resolution (H. Res. 546) and ask 
for its immediate consideration.
  The SPEAKER pro tempore (Mr. Hansen). The Clerk will report the 
resolution.
  The Clerk read the resolution, as follows:

                              H. Res. 546

       Whereas the entire communication of the Office of the 
     Independent Counsel received by the House of Representatives 
     on September 9, 1998, includes information of fundamental 
     constitutional importance;
       Whereas the American people have a right to receive and 
     review this communication in its entirety;
       Whereas the House Committee on the Judiciary has failed to 
     make the entire communication available to the American 
     people; and
       Whereas failure to make the entire communication available 
     to the American people raises a question of privilege 
     affecting the dignity and integrity of the proceedings of the 
     House under rule IX of the Rules of the House of 
     Representatives: Now, therefore, be it
       Resolved, That the entire communication received, including 
     all appendices and related materials, on September 9, 1998, 
     from an independent counsel, pursuant to section 595(c) of 
     title 28, United States Code, shall be printed immediately as 
     a document of the House of Representatives.

  The SPEAKER pro tempore. Does any Member wish to be heard on the 
question of whether the resolution constitutes a question of privilege?
  Mr. SOLOMON. Mr. Speaker, I wish to be heard on the question of 
whether the resolution offered by the gentleman from California 
constitutes a question of privilege.
  The SPEAKER pro tempore. The gentleman from New York (Mr. Solomon) is 
recognized.
  Mr. SOLOMON. Mr. Speaker, questions of privilege under rule IX are 
those affecting the rights of the House collectively, its safety, its 
dignity, and the integrity of its proceedings, and the rights, 
reputation, and the conduct of Members. A question of privilege, Mr. 
Speaker, may not be raised to effect a change in House rules.
  Mr. Speaker, House Rule 525, which was adopted by the House on 
September 11 by a vote of 363 to 63, delegated the authority to review 
and release Independent Counsel Starr's report from the House to the 
Committee on the Judiciary.
  The House delegated this authority to the Committee on the Judiciary 
as an exercise in its rule-making power. Mr. Speaker, the resolution 
offered by the gentleman from California (Mr. Condit) seeks to change 
the rule of the House as established in House Resolution 525. 
Therefore, Mr. Speaker, the gentleman's resolution does not constitute 
a legitimate question of privilege.
  Mr. Speaker, let me just cite line 15 of the resolution that passed 
the House. It says, ``The balance of such material shall be deemed to 
have been received in executive session, but shall be released from the 
status on September 28, 1998, except as otherwise determined by the 
committee.''
  That is the rule of the House. Therefore, Mr. Speaker, the 
gentleman's resolution does not constitute a legitimate question of 
privilege in that change of House rule, and a privilege clearly is not 
in order.
  The SPEAKER pro tempore. Are there other Members who want to be heard 
on this question?
  Mr. DEUTSCH. Mr. Speaker, I wish to be heard.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Florida (Mr. Deutsch).
  Mr. DEUTSCH. Mr. Speaker, I appreciate the comments of the 
distinguished chairman of the Committee on Rules regarding the standard 
of what privilege is. I would agree with him completely, that is the 
standard of what privilege is.
  I would also say, though, that I believe this resolution clearly 
meets that standard, because what is going on right now in the 
Committee on the Judiciary with the selective release of information is 
clearly a disservice on this House, and is clearly putting this House 
in disrepute, which is exactly what the rules of the House in terms of 
our privileged resolution are set up to deal with.
  I would say to the gentleman and to the Speaker that this resolution 
is clearly exactly why we have privileged resolutions in the House. 
What is happening right now in terms of the procedures of the Committee 
on the Judiciary, in terms of what has happened with the release of 
information, in the partisanship that has occurred within that 
committee, is absolutely putting this House into the type of situation, 
the type of disrespect that privileged resolutions are exactly in 
purpose for using.
  I would urge the Speaker to rule this in order, and I urge its 
adoption.
  Mr. CONDIT. Mr. Speaker, I want to speak to the resolution.
  The SPEAKER pro tempore. The gentleman from California (Mr. Condit) 
is recognized.
  Mr. CONDIT. Mr. Speaker, I understand the point of the chairman of 
the Committee on Rules. This is an attempt to allow all the Members of 
this House to have access to the information. It is an attempt to speed 
the process along so we can bring it to closure. The American people 
want us to bring this issue to closure.
  There is no reason why every Member of this House cannot have that 
information. We are not grade school kids. We understand it, and we 
know ultimately we need to make a decision. So my intent, Mr. Speaker, 
is simply

[[Page H8505]]

to speed this process along so that we can make a decision and get back 
to the business of living our lives and running this country.
  Mr. SOLOMON. Mr. Speaker, I ask for a ruling.
  The SPEAKER pro tempore. The Chair is prepared to rule.
  The gentleman from California (Mr. Condit) offers House Resolution 
546 as a question of the privileges of the House under rule IX. The 
resolution would direct the Committee on the Judiciary to release all 
executive session material referred to the committee by the House 
pursuant to House Resolution 525.
  That resolution was reported to the House by the Committee on Rules 
as a privileged rule, and its adoption governs subsequent review and 
release of that executive session material referred to the Committee on 
the Judiciary.
  A resolution may not be offered under the guise of a question of the 
privileges of the House if it effects a change in the rules or standing 
orders of the House or their interpretation. This principle is 
annotated in section 662f of the House Rules and Manual. The House has 
delegated to the Committee on the Judiciary the final decision-making 
authority on the extent of release from executive session of materials 
contained in the Independent Counsel's report. Indeed, section 2 of 
House Resolution 525 establishes a release date for all materials 
contained in that report, except as otherwise determined by the 
Committee on the Judiciary.
  In an illustrative case under the precedents, even an alleged refusal 
by the committee to make certain staff memos available to the public, 
and refusal to permit committee Members to take photostatic copies of 
committee files, have been held not to constitute questions of 
privilege. This principle is annotated in section 662d of the manual.
  To rule otherwise would suggest that valid committee determinations 
as to the executive session nature of committee files could be 
collaterally challenged under the guise of questions of privileges.
  In the opinion of the Chair, the resolution does not constitute a 
question of the privileges of the House within the meaning of rule IX, 
and may not be considered at this time.
  Mr. CONDIT. I thank the Speaker.

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