[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[House]
[Page 12514]
[From the U.S. Government Publishing Office, www.gpo.gov]




   ANNOUNCEMENT OF INTENTION TO OFFER RESOLUTION RAISING QUESTION OF 
                        PRIVILEGES OF THE HOUSE

  Mr. NADLER. Mr. Speaker, pursuant to clause 2(a)(1) of rule IX, I 
hereby notify the House of my intention to offer a resolution as a 
question of the privileges of the House.
  The form of my resolution is as follows:
  Resolution disapproving the manner in which Representative 
Sensenbrenner has responded to the minority party's request under rule 
XI of the House of Representatives for an additional day of oversight 
hearings on the reauthorization of the USA PATRIOT Act and the manner 
in which such hearing was conducted.
  Whereas Representative Sensenbrenner willfully and intentionally 
violated the Rules of the House of Representatives by abusing and 
exceeding his powers as chairman;
  Whereas subsequent to receiving a request for an additional day of 
hearings by members of the minority party pursuant to rule XI, 
Representative Sensenbrenner scheduled such hearing on less than 48 
hours notice;
  Whereas such hearing occurred on Representative Sensenbrenner's 
directive at 8:30 a.m., on Friday, June 10, 2005, a date when the House 
was not in session session and votes were not scheduled;
  Whereas Representative Sensenbrenner directed his staff to require 
that the witnesses' written testimony be made available on less than 18 
hours notice;
  Whereas, during the course of the hearing, Representative 
Sensenbrenner made several false and disparaging comments about members 
of the minority party in violation of rule XVII;
  Whereas, Representative Sensenbrenner failed to allow members of the 
committee to question each witness for a period of 5 minutes in 
violation of rule XI;
  Whereas Representative Sensenbrenner refused on numerous and repeated 
occasions throughout the hearing to recognize members of the minority 
party attempting to raise points of order;

                              {time}  1130

  Whereas when Representative Nadler and Representative Jackson-Lee 
sought recognition to raise a point of order, Representative 
Sensenbrenner refused to recognize Representative Nadler or 
Representative Jackson-Lee, and intentionally and wrongfully adjourned 
the committee without obtaining or seeking either unanimous consent or 
a vote of the committee members present in violation of rule XVI;
  Whereas subsequent to Representative Sensenbrenner's improper 
adjournment of the hearing, his staff turned off the microphones and 
the electronic transmission of the proceedings and instructed the court 
reporter to stop taking transcription, even though the committee 
hearing had not been properly adjourned, and members of the minority 
party had invited witnesses to continue to speak; and
  Whereas Representative Sensenbrenner willfully trampled the right of 
the minority to meaningfully hold an additional day of hearings in 
violation of the Rules of the House of Representatives, and brought 
discredit upon the House of Representatives: Now, therefore, be it
  Resolved, That
  (1) the House strongly condemns the manner in which Representative 
Sensenbrenner has responded to the minority party's request for an 
additional day of oversight hearings on the reauthorization of the USA 
PATRIOT Act, and the manner in which such hearing was conducted; and
  (2) the House instructs Representative Sensenbrenner, in consultation 
with Representative Conyers, to schedule a further day of hearings with 
witnesses requested by members of the minority party concerning the 
reauthorization of the USA PATRIOT Act.''
  The SPEAKER pro tempore (Mr. Latham). Under rule IX, a resolution 
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 has 
immediate precedence only at a time designated by the Chair within 2 
legislative days after the resolution is properly noticed.
  Pending that designation, the form of the resolution noticed by the 
gentleman from New York will appear in the Record at this point.
  The Chair will not at this point determine whether the resolution 
constitutes a question of privilege. That determination will be made at 
the time designated for consideration of the resolution.

                          ____________________