[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
[106th Congress]
[House Document 105-358]
[Rules of the House of Representatives]
[Pages 391-406]
[From the U.S. Government Publishing Office, www.gpo.gov]



 


                   Rule IX.--QUESTIONS OF PRIVILEGE


[[Page 392]]

Commissioner, individually, in their representative capacity only.


Sec. 698. Definition of 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




Sec. 699. Precedence of questions of 
privilege.

  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 privileged 
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.



[[Page 393]]


  (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 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. ----).




Sec. 700. Questions of privileges of the House.

  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. ----).



[[Page 394]]

tions directing 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) a resolution proposing 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. ----).


Sec. 701. Questions relating to organization.

  The  privileges 
of the House also 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) various questions incidental to the right to a seat (I, 322, 328, 
673, 742; II, 1207; III, 2588; VII, 2316), such as a resolution 
declaring 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) a resolution declaring 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 resolu



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



Sec. 702. Questions relating to constitutional 
prerogatives.

  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. ----). The constitutional 
prerogatives of the House also include its function with respect to 
treaties (II, 1502-1537); impeachments and matters incidental thereto 
(see Sec. 604, supra); bills ``pocket vetoed'' during an intersession 
adjournment (Nov. 21, 1989, p. 31156); 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 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.



[[Page 395]]

stitution 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. ----; 
Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248; Feb. 1, 1996, p. 2245; Oct. 
10, 1998, p. ----). 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 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 Con


[[Page 396]]

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.


Sec. 703. Questions relating to official 
conduct.

  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 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. ----; Nov. 30, 1995, p. ----); 
(5) a resolution appointing an outside counsel (Sept. 19, 1996, p. ----; 
Sept. 24, 1996, p. ----); (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. ----; Sept. 24, 1996, p. ----
); (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



[[Page 397]]

ceedings 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); 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); directing the public 
release of official papers of 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); 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 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 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: 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); 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); 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); mandating full and accurate disclosure of pertinent 
information concerning the operation of that entity (Mar. 12, 1992, p. 
5551); responding to a subpoena for records of that entity (Apr. 29, 
1992, p. 9453); responding to a contemporaneous request for such records 
from a Special Counsel (Apr. 29, 1992, p. 9763); and 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: 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); to create a select 
committee to investigate the same matter (Feb. 5, 1992, p. 1599); 
requiring an explanation of a reported interference with authorized 
access to a committee investigation of that matter (Apr. 9, 1992, p. 
9024); to redress 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); 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); 
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); 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); directing the Committee on House Administration to release 
transcripts of the pro


  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. ----).



Sec. 704. Questions relating to integrity of 
proceedings.

  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).



[[Page 398]]

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. ----).
  Admission to the floor of the House constitutes a question of 
privilege (III, 2624-2626), including a resolution alleging indecorous 
behavior of a

  The accuracy and propriety of reports in the Congressional Record also 
constitute a question of privileges of the House (V, 7005-7023; VIII, 
3163, 3461, 3463, 3464, 3491, 3499; Apr. 20, 1936, p. 5704; May 11, 
1936, p. 7019; May 7, 1979, p. 10099), including: (1) a resolution 
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) resolutions 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) resolutions 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. ----).


[[Page 399]]

tained 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 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 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 con

  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) 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.


[[Page 400]]

ing the appointment of a select committee to inquire into alleged fire 
safety deficiencies in the environs of the House (May 10, 1988, p. 
10286).



Sec. 705. Questions relating to comfort and 
convenience.

  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 direct



[[Page 401]]

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 appropriations 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 under rule IX 
(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 
under rule IX (Sept. 23, 1998, p. ----).


Sec. 706. May not effect change in rules.

  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)), 
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



  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. ----; 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.


[[Page 402]]

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 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).


Sec. 707. As distinct from privileged questions.

  The  clause 
of the rule giving questions of 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).



  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).


[[Page 403]]

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. 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).


Sec. 708. Questions of personal privilege.

  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


  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. ----). 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. ----).



[[Page 404]]


  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. ----). 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 impugn 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).



Sec. 709. Precedence of questions of privileges of the 
House.

  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), a rule providing 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. ----).


[[Page 405]]

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).

  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). 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




Sec. 711. Precedence of questions of personal 
privilege.

  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). 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. ----).



<>   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. ----). 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 406]]



Sec. 712. Questions of privilege in relation to 
quorum.

    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.


  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).