[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 42. Questions of Privilege]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 707]]
CHAPTER 42 - QUESTIONS OF PRIVILEGE
HOUSE PRACTICE
I. Introductory
Sec. 1. In General
Sec. 2. Precedence of Questions of Privilege
II. Privilege of the House
A. Basis of Privilege
Sec. 3. Introductory; What Constitutes a Question of Privilege
Sec. 4. Charges of Illegality or Impropriety
Sec. 5. House Jurisdiction, Powers, and Prerogatives
Sec. 6. Intervention in Judicial Proceedings
Sec. 7. Correcting the Congressional Record; Expungement
Sec. 8. Service of Process
Sec. 9. Procedure in Complying with Process under Rule VIII
Sec. 10. -- Resolutions Authorizing or Precluding Response
Sec. 11. -- Conditions or Limitations on Response
Sec. 12. Disclosure of Executive Session Materials
Sec. 13. Providing for Legal Counsel
B. Consideration
Sec. 14. Raising and Presenting the Question
Sec. 15. Debate; Disposition
III. Personal Privilege
A. Basis of Privilege
Sec. 16. In General
Sec. 17. Charges by a Fellow Member; Words Used in Debate
Sec. 18. Charges in the Press
B. Consideration
Sec. 19. Raising the Question; Procedure
Sec. 20. Debate on the Question
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Research References
3 Hinds Sec. Sec. 2521-2725
6 Cannon Sec. Sec. 553-622
Deschler Ch 11
Manual Sec. Sec. 287-309, 698-713
I. Introductory
Sec. 1 . In General
Definitions and Distinctions
The term ``privilege'' arises frequently in the rules governing
the procedures of the House. It may refer to questions of the
privileges of the House, to questions of personal privilege, to the
privilege of Members from arrest, or to the privilege of certain
motions. This chapter focuses on questions of the privileges of the
House and on questions of personal privilege.
Questions of privilege are to be distinguished from privileged
questions. The latter relate merely to the order or priority of
business under the rules of the House, and the former pertain to the
safety and dignity of the House or the integrity of its proceedings or
to the rights or reputation of its Members (3 Hinds Sec. Sec. 2654,
2718). Privileged questions, see Order of Business; Privileged
Business; Manual Sec. Sec. 853-857.
Questions of privilege are classified by rule IX as (1) those
affecting the rights of the House collectively, its safety, dignity,
and the integrity of its proceedings, and (2) the rights, reputation,
and conduct of Members, individually, in their representative capacity
only. This rule, adopted in 1880, was based on procedures that had
been followed in the House as a matter of longstanding custom. 3 Hinds
Sec. 2521. The rule was amended in the 103d Congress to permit the
Speaker to postpone consideration of certain questions of privilege
for up to two legislative days and to designate a time for
consideration within that period. See Sec. 14, infra.
Questions of the privileges of the House are brought before it in
the form of a resolution. Sec. 14, infra. Questions of personal
privilege are raised by a Member from the floor when recognized for
debate for that purpose. Sec. 19, infra.
Privilege of Members From Arrest
Under the Constitution, Senators and Representatives are
privileged from arrest, except for ``treason, felony, and breach of
the peace,'' during attendance at a session and in going to and
returning therefrom. U.S. Const. art. I, Sec. 6. This privilege may be
invoked in cases not covered by the excep
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tions, as where there has been an arrest for fraud and delinquency in
connection with a civil proceeding. 3 Hinds Sec. 2676. The exception
has been construed to mean all indictable crimes. 3 Hinds Sec. 2673.
The privilege does not protect a Member from arrest in any criminal
case. Manual Sec. 91. Thus, a Member may be arrested and prosecuted
for a felony specified in a timber protection statute; and the fact
that Congress was in recess at the time of his arrest is no defense.
Williamson v. United States, 207 U.S. 425 (1908). An investigation by
committee of a Member's arrest to determine whether it was in
violation of the privilege may be initiated by resolution. 3 Hinds
Sec. 2673. For more detailed analysis of this privilege, see Deschler
Ch 7 Sec. 18.
Privilege of Speech and Debate
Article I, section 6, clause 1 of the Constitution provides that
Members or Senators ``shall not be questioned in any other place'' for
``any speech or debate in either House.'' This clause precludes
judicial inquiry into the motivation, preparation, and content of a
Member's speech. Manual Sec. 93. All speech, debate, and remarks on
the floor are privileged, as is material inserted in the Congressional
Record by a Member with the consent of the House. Deschler Ch 7
Sec. 16. However, the Supreme Court has circumscribed the protection
provided under the clause by upholding a grand jury inquiry into the
possession and nonlegislative use of classified documents by a Member.
Gravel v. United States, 408 U.S. 606 (1972). The Court has also
sustained the validity of an indictment of a Member for accepting an
illegal bribe to perform legislative acts. United States v. Brewster,
408 U.S. 501 (1972). This clause does not prevent the House from
applying rules relating to ``proper debate'' and from adopting
procedures to deal with transgressions of those rules. Manual
Sec. 303.
Sec. 2 . Precedence of Questions of Privilege
Under rule IX, a question of privilege has been held to take
precedence over all questions except the motion to adjourn. This
precedence is given to both questions of the privileges of the House
and to questions of personal privilege. ``The rights and privileges of
the Members of the House, in the discharge of their functions, are
sacred,'' said Speaker Reed in 1890, ``and the House can undertake no
higher duty than the conservation of all those rights and privileges
intact. Even if the case arises under dubious circumstances, it is
proper for the House to pause and give suitable heed to any question
which any Member raises with regard to his rights and privileges as a
Member.'' 3 Hinds Sec. 2524. Under rule IX clause 2, the right to
bring a question of privilege before the House without notice is
restricted.
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Manual Sec. Sec. 699, 713. Only the Majority and Minority Leaders can
now raise such a question ``at any time.'' See Sec. 14, infra.
Under rule IX questions of privilege have been held to take
precedence over other business. Manual Sec. 709; 3 Hinds Sec. 2523.
For example:
Reading of messages from the President (which are received but
do not displace the question of privilege). 5 Hinds
Sec. Sec. 6640-6642.
District of Columbia business under rule XV clause 4. Deschler
Ch 11 Sec. 5.8.
Calendar Wednesday business under rule XV clause 7. 7 Cannon
Sec. Sec. 908-910; Deschler Ch 11 Sec. 5.7.
Special orders for the consideration of business. 3 Hinds
Sec. Sec. 2524, 2525, 2554.
Reports from the Committee on Rules. 8 Cannon Sec. 3491.
Motions to resolve into Committee of the Whole. 8 Cannon
Sec. 3461.
Motions to reconsider. 5 Hinds Sec. Sec. 5673-5676.
Motions to suspend the rules. 3 Hinds Sec. 2553; 6 Cannon
Sec. Sec. 553, 565.
Scheduled special-order speeches. Deschler-Brown Ch 29
Sec. 10.75.
Senate amendments undisposed of after rejection of a
conference report. 3 Hinds Sec. 2531.
In general, one question of privilege may not take precedence over
another. 3 Hinds Sec. Sec. 2534, 2552, 2581. The Chair's power of
recognition (and his scheduling prerogative under rule IX) determine
which of two matters of equal privilege is considered first. Manual
Sec. 709.
Because only one question of privilege may be pending at a time,
another Member will not be recognized during such time to present
another question of privilege. This stricture includes questions of
personal privilege. Manual Sec. 711; 3 Hinds Sec. 2533; Deschler Ch 11
Sec. 5.4.
A question of privilege loses its privilege when connected with or
amended by a proposition not privileged. 3 Hinds Sec. 2551; 5 Hinds
Sec. 5890.
Precedence Over the Previous Question
The question of privilege takes precedence over the consideration
of a motion for the previous question. Deschler Ch 11 Sec. 5.9. It
supersedes the consideration of a proposition and must be disposed of
first, even where the previous question has been ordered on such
proposition, unless the previous question has been ordered to final
passage under a special rule prohibiting any intervening motions. 3
Hinds Sec. Sec. 2522, 2532; 6 Cannon Sec. 561; Deschler Ch 11
Sec. 5.3.
Interruptions
By rising to a question of privilege, a Member may not deprive
another Member of the floor. 5 Hinds Sec. 5002; 8 Cannon
Sec. Sec. 2458, 2528; Deschler
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Ch 11 Sec. 23.2. However, the latter may yield him time for
preliminary debate on the question. Deschler Ch 11 Sec. 23.3. Such a
question may not interrupt a roll call or yea-and-nay vote. 5 Hinds
Sec. Sec. 6051, 6052, 6058; 6 Cannon Sec. Sec. 554, 564.
A question of privilege may interrupt the consideration of a bill
under a special order. 3 Hinds Sec. Sec. 2524, 2525. It has precedence
at a time set apart by special order for other business. 6 Cannon
Sec. 560. A question of the privileges of the House may interrupt the
reading of the Journal (Deschler Ch 11 Sec. 5.6), whereas a question
of personal privilege may not (Deschler Ch 11 Sec. 23.1).
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. However, where a special order
is pending, such announcements are counted against debate on the
resolution absent unanimous consent to the contrary. Manual Sec. 709.
As Unfinished Business
A question of privilege pending at the time of adjournment becomes
unfinished business on the next day. Deschler Ch 11 Sec. 5.5. It takes
precedence over unfinished business that is privileged under rule XIV
(order of business). Manual Sec. 709.
II. Privilege of the House
A. Basis of Privilege
Sec. 3 . Introductory; What Constitutes a Question of Privilege
Elements Generally
Under rule IX questions of the privileges of the House are those
that affect its rights collectively, ``its safety, dignity, and the
integrity of its proceedings. . . .'' Manual Sec. 698. A question
asserted to involve the privileges of the House must involve one or
more of the elements specified by rule IX. Deschler-Brown Ch 31
Sec. 1.53. A Member may not by raising a question of the privileges of
the House attach privilege to a question not otherwise in order under
the rules of the House. Deschler-Brown Ch 29 Sec. 9.58.
Organization of the House and Seating of Members
Questions relating to the organization of the House (1 Hinds
Sec. Sec. 22-24) and the right of Members to their seats (3 Hinds
Sec. Sec. 2579-2587), as well as various questions incidental thereto
(1 Hinds Sec. 322; 2 Hinds Sec. 1207; 3
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Hinds Sec. 2588), have been held to give rise to questions of the
privileges of the House (Manual Sec. 701). The same is true of a
proposition declaring the Office of the Speaker vacant (6 Cannon
Sec. 35) and the resignation of a Member from a select or standing
committee (Manual Sec. 704). A resolution electing a House officer is
presented as a question of privilege. Manual Sec. 701.
Safety and Dignity; Comfort and Convenience
A resolution directing an investigation into the safety of Members
in light of alleged structural deficiencies in the Capitol gives rise
to a question of the privileges of the House, as does a resolution
directing the appointment of a select committee to inquire into fire
safety of the environs of the House. Manual Sec. 705.
Questions relating to the comfort and convenience of Members and
employees have been held to give rise to a question of the privileges
of the House. 3 Hinds Sec. Sec. 2629-2633. For example, a resolution
expressing the sense of the House as to the proper attire for Members
during sessions of the House and a resolution relating to a sanitary
environment for House employees were held to raise a question of
privilege. Manual Sec. 705; 3 Hinds Sec. Sec. 2632, 2633. However,
certain subjects relating purely to the convenience of Members are not
necessarily entertained as privileged. For example, a resolution
authorizing an additional attendant for the Members' bathroom and a
resolution authorizing a new lunchroom for Members were held not to
raise a question of privilege. 3 Hinds Sec. Sec. 2635, 2636.
Integrity of the Legislative Process
Among the subjects giving rise to a question of the privileges of
the House are questions relating to the integrity of its proceedings.
Manual Sec. 704; 3 Hinds Sec. Sec. 2597-2601, 2614. For example:
The presence on the floor of unauthorized persons. 3 Hinds
Sec. Sec. 2624-2626.
The conduct of those in the press gallery. 3 Hinds Sec. 2627.
The integrity of the Journal. 2 Hinds Sec. 1363; 3 Hinds
Sec. 2620.
The protection of House records and files. 3 Hinds Sec. 2659.
The accuracy of House documents and messages. 3 Hinds
Sec. 2613.
The integrity of the Congressional Record. Manual Sec. 704.
The integrity of uninterrupted audio broadcast coverage of
certain House proceedings. Deschler-Brown Ch 29 Sec. 40.10.
An unreasonable delay in transmitting an enrolled bill to the
President. Manual Sec. 704.
The fraudulent introduction of a bill. 4 Hinds Sec. 3388.
The attempted bribery or corruption of Members. 2 Hinds
Sec. 1599; 6 Cannon Sec. 580.
An assault on a committee clerk. 2 Hinds Sec. 1629.
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Use of an allegedly forged document at a committee hearing.
Manual Sec. 704.
The public release of transcripts and other relevant documents
relating to an investigation by a committee's task force of the
operation and management of the Office of the Postmaster.
Manual Sec. 704.
Unilateral release by a committee chairman of committee
records in contravention of its rules (adopted ``protocol'').
Manual Sec. 704.
Investigation and report on the impact of a test involving
television coverage of House proceedings. Manual Sec. 684.
Indecorous behavior of a former Member on the floor of the
House and rooms leading thereto. Manual Sec. 680.
A resolution directing a committee to investigate the
circumstances surrounding the publication in a newspaper of a select
committee report, which the House had ordered not to be released, gave
rise to a question of the privileges of the House, because it related
to the integrity of House proceedings and the sanctity of its records.
Deschler-Brown Ch 29 Sec. 18.12.
Effecting Changes in House Rules or Orders
A question of the privileges of the House may not be raised to
effect a change in the rules of the House or their interpretation or
to collaterally attack a rule or order properly adopted by the House
at a previous time, the proper method of reopening the matter being by
motion to reconsider. Manual Sec. 706; Deschler Ch 11 Sec. 3.2. Thus,
a resolution collaterally challenging 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. Manual Sec. 706.
Similarly, it has been held that a question of the privileges of
the House may not be raised to:
Collaterally challenge a standing order establishing a joint
meeting for a foreign head of state by withdrawing a pending
invitation and prohibiting future invitations. Manual Sec. 706.
Direct the Speaker to follow certain customs in allowing one-
minute speeches at the beginning of a session. Deschler-Brown
Ch 29 Sec. 10.58.
Permit petitioners seeking redress of grievances to have
access to the House floor. Deschler Ch 24 Sec. 10.2.
Broaden the rule relating to access by Members to committee
records. 95-1, Dec. 6, 1977, p 38470.
Direct 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. Deschler-
Brown Ch 31 Sec. 1.51.
Direct a committee to consider certain business, a motion to
that effect not being in order under the rules. Manual
Sec. 706.
Declare a recess to receive a petition. Deschler Ch 11
Sec. 3.1.
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Effect a change in conference procedures. Deschler Ch 11
Sec. 3.3.
Direct a standing committee to release executive session
material referred to it. Manual Sec. 706.
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. For example, the following resolutions were held
not to give rise to a question of the privileges of the House, but
rather were held to be legislative matters to be considered under
ordinary rules relating to priority of business:
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.
Precluding an adjournment of the House until a specified
legislative measure is considered.
Expressing Congressional sentiment that the President take
specified action to achieve a desired public policy even though
involving executive action under a treaty (which it was the
prerogative of the Senate to ratify).
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.
Manual Sec. 706; see also Manual Sec. 702 for a discussion of
legislative propositions purporting to present questions of the
privileges of the House.
The constitutional validity of an existing rule of the House may
not be challenged under the guise of a question of privilege, whether
that existing rule was adopted by separate vote of the House or,
instead, by its vote on the adoption of all of its rules. Manual
Sec. 706.
Sec. 4 . Charges of Illegality or Impropriety
Specific Charges and General Criticism Distinguished
General criticism of the Congress, or the Members of the House,
does not give rise to a question of the privileges of the House.
Deschler Ch 11 Sec. Sec. 8.1, 8.2. Allegations that are merely
critical of the legislative process, such as charges of inactivity in
regard to a subject reported from committee, are also insufficient.
93-2, June 24, 1974, pp 21596-98. Similarly, an allegation of
unconstitutional abrogation of a treaty by the President was held
insufficient. Manual Sec. 706. However, an allegation of criminal
conduct by the Congress has been presented as a question of the
privileges of the
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House, as have charges that the House was being influenced by mobs or
that a committee of the House was engaged in subversive activities.
Deschler Ch 11 Sec. Sec. 8.3, 8.4; 80-2, Mar. 10, 1948, p 2476.
Charges Involving Members
Charges against Members often have been made the basis of a
question of personal privilege. Sec. Sec. 17, 18, infra. Such charges
may also give rise to a question of the privileges of the House where
they involve elements of illegality or criminality so as to impugn the
honor and dignity of the House itself. Thus, charges against Members
of graft (7 Cannon Sec. 911), of abusing the franking privilege (3
Hinds Sec. 2705), of using ``ghost'' employees (Manual Sec. 703), of
improperly attempting to influence a vote (Deschler Ch 11 Sec. 9.1),
of giving away atomic secrets (Deschler Ch 11 Sec. 9.2), and of
illegally soliciting political contributions in a House office
building (99-1, July 10, 1985, p 18397) have given rise to the
privileges of the House. However, a mere allegation that a Member
distributed an unauthorized questionnaire was held insufficient to
give rise to a question of the privileges of the House. Deschler Ch 11
Sec. 9.3.
A question of the privileges of the House may be based on charges
against Members, even though they are not identified by name. 3 Hinds
Sec. 2705.
In 1992, resolutions relating to the operation of the ``bank'' in
the Office of the Sergeant-at-Arms were presented as questions of the
privileges of the House, including a resolution 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.'' Manual Sec. 703.
Charges Involving House Officers or Employees
Charges that an officer or employee of the House acted illegally
or improperly may give rise to a question of the privileges of the
House. 3 Hinds Sec. Sec. 2628, 2645-2647; 6 Cannon Sec. 35; Deschler
Ch 11 Sec. 10.3. Thus, a charge that an officer of the House conspired
to influence legislation gives rise to a question of the privileges of
the House. 3 Hinds Sec. 2628. The same is true of an allegation that
an officer of the House made secret motions in certain litigation
without the knowledge of the House (Deschler-Brown Ch 29 Sec. 30.4) or
that an employee appeared in court without authorization as special
counsel for a committee (Deschler Ch 11 Sec. 10.3). Allegations of
improper representation by counsel of the legal position of Members in
a brief and allegations of unauthorized intervention by a committee
employee in judicial proceedings also have given rise to questions of
the privileges of the
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House. Manual Sec. 703. On the other hand, merely alleging favoritism
by the Speaker in making appointments or rudeness by the Doorkeeper in
removing an occupant of the gallery has been held not to give rise to
a question of the privileges of the House. Deschler Ch 11
Sec. Sec. 10.1, 10.2.
In the 102d Congress, numerous resolutions relating to the
financial operation of 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. Among them were resolutions
terminating all bank and check-cashing operations in the Office of the
Sergeant-at-Arms, directing the Committee on House Administration to
conduct an investigation of the operation and management of the Office
of the Postmaster, and directing the Committee on Standards of
Official Conduct to investigate alleged violations of confidentiality
by certain staff members. Manual Sec. 703.
Sec. 5 . House Jurisdiction, Powers, and Prerogatives
Issues relating to the jurisdiction of the House or its
prerogatives under the Constitution may give rise to a question of the
privileges of the House. 2 Hinds Sec. Sec. 1480-1537; 6 Cannon
Sec. 315; Deschler Ch 11 Sec. 13. Matters that may be raised under
this rule include jurisdictional questions relating to the prerogative
of the House to originate revenue-raising legislation. 2 Hinds
Sec. Sec. 1480-1501; 6 Cannon Sec. 315; Deschler Ch 11 Sec. 13.1;
generally, see Manual Sec. 102. Other similar matters that have given
rise to a question of the privileges of the House include:
The issuance of a court order restraining the publication of a
committee report. Deschler Ch 11 Sec. 13.3.
The disclosure of House records in response to process issued
by a Federal court. Manual Sec. 291a.
Intervention in judicial proceedings concerning the
constitutionality of the one-House veto or other legislative
review provision. 95-1, H. Res. 884, Nov. 2, 1977, p 366.
The prerogative of the House when a bill has been ``pocket
vetoed.'' Manual Sec. 702.
The affirmative vote necessary to extend the time period for
State ratification of a constitutional amendment. Deschler-
Brown Ch 30 Sec. 1.5.
The constitutional authority of the House with respect to
impeachment propositions. 3 Hinds Sec. Sec. 2045-2048.
However, rule IX is concerned not with the privileges of the
Congress as a legislative branch but only with the privileges of the
House itself. Thus, neither the enumeration of legislative powers in
article I, section 8 of the Constitution nor the prohibition in
article I, section 9 against any withdrawal from the Treasury except
by enactment of an appropriation renders a meas
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ure purporting to exercise or limit those powers a question of the
privileges of the House. Manual Sec. 702.
The revenue-raising prerogative of the House may be raised only
when the House is in possession of the original papers. It may be
raised with respect to a revenue provision that originated in
conference. Manual Sec. 702. The issue may not be raised after the
House has adopted a conference report containing an additional revenue
matter not in either the House or the Senate version. Manual Sec. 702;
Deschler Ch 13 Sec. 14.2.
A resolution alleging that the President unconstitutionally
abrogated a treaty (which is the prerogative of the Senate to ratify),
and calling on the President to seek the approval of Congress prior to
such abrogation, was held not to give rise to a question of the
privileges of the House. Manual Sec. 702.
Contempt Proceedings; Enforcement of Orders and Subpoenas
The power of the House to punish for contempt may be invoked as a
basis for raising a question of the privileges of the House. That
question has been held to arise where contemptuous conduct has been
charged against a Member (2 Hinds Sec. 1641), where a witness has
refused to respond to an order to give testimony (Manual Sec. 299; 3
Hinds Sec. 1666; Deschler Ch 11 Sec. 12), and where a person has been
charged with an offense against the House, such as attempted bribery
(2 Hinds Sec. Sec. 1597, 1599). Committee reports relating to the
refusal of a witness to be sworn or respond to a subpoena duces tecum
in violation of section 192 of title 2, United States Code, likewise
give rise to a question of the privileges of the House when called up
by the reporting committee. Deschler Ch 11 Sec. Sec. 12.2, 12.3.
Sec. 6 . Intervention in Judicial Proceedings
The House sometimes authorizes special appearances on its own
behalf in judicial proceedings relating to the powers and prerogatives
of the House, and resolutions granting the authority to intervene in
such cases may be called up as a question of privilege. The authority
to intervene in judicial proceedings has been granted in cases
involving the constitutionality of the one-House veto (or other
legislative review provision) and the validity and effect of subpoenas
issued by House committees or subcommittees. Manual Sec. 291b; 94-2,
July 1, 1976. p 21852.
As discussed in section 4, supra, charges of improper intervention
in a judicial proceeding by an officer or employee of the House may
give rise to a question of the privileges of the House. As such, the
following resolutions have been held to constitute questions of the
privileges of the House: (1) a resolution alleging unauthorized
actions by a committee employee in
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intervening in judicial proceedings; (2) 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; and (3) 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. Manual Sec. 703.
The General Counsel of the House has the duty under rule II clause
8 to provide legal assistance and representation to the House. Manual
Sec. 670. The General Counsel is authorized by law to appear in any
proceeding before a State or Federal court (except the United States
Supreme Court) without compliance with admission requirements of such
court. 2 USC Sec. 130f(a). Furthermore, the law requires the Attorney
General to notify the General Counsel of a determination not to appeal
a court decision affecting the constitutionality of an Act. 2 USC
Sec. 130f(b).
The House may authorize the Speaker to take any steps he considers
necessary, including intervention as a party or submission of briefs
amicus curiae, in order to protect the interests of the House. The
House has adopted resolutions authorizing standing or select
committees to make applications to courts in connection with their
investigations. Manual Sec. 291b. The House also has authorized the
chairman of a subcommittee to intervene in a pending action on behalf
of the subcommittee to obtain information in the possession of a
Federal agency (the FTC). 94-1, Dec. 18, 1975, p 41707.
Sec. 7 . Correcting the Congressional Record; Expungement
The accuracy and propriety of reports in the Congressional Record
may give rise to a question of the privileges of the House. Manual
Sec. 704; 5 Hinds Sec. Sec. 7005-7023; 8 Cannon Sec. Sec. 3461, 3463,
3464; Deschler Ch 11 Sec. 11. Accordingly, a resolution to request the
Senate to expunge from the Congressional Record certain debate
reflecting on the integrity of the House or that is offensive or
otherwise improper may give rise to a question of the privileges of
the House, as may resolutions to expunge from the Record matter
improperly inserted under leave to print. Deschler Ch 11 Sec. 11.
However, neither a question of personal privilege nor a question of
the privileges of the House arises during debate in which offensive
language is used, the remedy being to demand that the objectionable
words be taken down when spoken, pursuant to rule XVII clause 4.
Deschler Ch 11 Sec. 27.1. For further discussion of the procedure for
taking down words, see Consideration and Debate.
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A resolution to correct inaccuracies in the Congressional Record
is presented as a question of the privileges of the House. 5 Hinds
Sec. 7019; 8 Cannon Sec. 3461; Deschler Ch 11 Sec. 11.9. However, a
resolution to restore to the Record remarks previously deleted by
House order does not present a question of the privileges of the
House, the proper method of reopening the matter being by motion to
reconsider. Deschler Ch 11 Sec. 11.10.
Sec. 8 . Service of Process
Generally
The service of judicial process on a Member, Delegate, Resident
Commissioner, officer, or employee of the House has long been
perceived as a matter relating to the integrity of House proceedings
and as constituting a basis for raising a question of the privileges
of the House. 7 Cannon Sec. 2164; Deschler Ch 11 Sec. Sec. 14.1-14.10.
Rule VIII governs the procedure for House response to a judicial or
administrative subpoena served on a Member, Delegate, Resident
Commissioner, officer, or employee of the House. Manual Sec. 697;
Sec. 9, infra.
The privileges of the House are invoked whether the recipient was
served with a summons as a defendant or a subpoena as a witness and
whether service of process was issued by a State or Federal court.
Deschler Ch 11 Sec. 14. For example, the privileges of the House have
been held to apply to service of process as follows:
Civil actions, criminal proceedings, or courts martial.
Deschler Ch 11 Sec. Sec. 16.7, 16.9, 16.12, 16.17.
Grand jury proceedings. Deschler Ch 11 Sec. 15.
Orders to appear and show cause for the failure to comply with
a prior subpoena. Deschler Ch 11 Sec. 14.9.
Orders to appear for depositions or to answer interrogatories.
Deschler Ch 11 Sec. Sec. 14.10, 16.18.
Preliminary proceedings in criminal cases. Deschler Ch 11
Sec. 14.5.
Administrative proceedings before Federal agencies. Manual
Sec. 697.
Under rule VIII clause 6(b), minutes or transcripts of executive
sessions, or evidence received during such sessions, may not be
disclosed or copied in response to a subpoena. A subpoena duces tecum
requesting production of executive session records of a committee from
a prior Congress may be laid before the House pending a determination
as to its propriety. 97-1, Apr. 28, 1981, p 7603.
Service of Process on Officers or Employees
Examples of service of process on officers include those on the
Speaker, the Clerk, and the Sergeant-at-Arms. Deschler Ch 11
Sec. Sec. 16.2-16.4, 16.7-
[[Page 720]]
16.9, 16.11. Examples of service of process on employees include those
on current and former employees of a committee, an employee of the
House Republican Conference, and a former employee of a former House
select committee who was subpoenaed to give a deposition about his
recollection of certain executive session transactions. 93-2, Sept.
30, 1974, p 33020; 94-1, Sept. 23, 1975, p 29824; 97-1, Jan. 22, 1981,
pp 694, 695.
Sec. 9 . Procedure in Complying with Process under Rule VIII
Rule VIII provides general authority to a Member, Delegate,
Resident Commissioner, officer, and employee of the House to comply
with a judicial or administrative subpoena or judicial order directing
appearance as a witness, or the disclosure of documents, relating to
the official functions of the House. Such compliance must be
consistent with the rights and privileges of the House. Accordingly,
the Speaker is promptly notified upon service of a subpoena or
judicial order, and the Speaker lays the notification before the
House. Rule VIII does not require the text of the subpoena to be
printed in the Congressional Record. Manual Sec. 697.
Rule VIII was added initially in the 97th Congress. Until the 95th
Congress, the House would authorize a response to a subpoena by
adopting a resolution raised as a question of the privileges of the
House. This case-by-case approach was changed in the 95th and 96th
Congresses, when general authority was granted to respond to subpoenas
and a procedure was established for automatic compliance without the
necessity of a House vote. This standing authority formed the basis
for the present rule. Manual Sec. 697.
Sec. 10 . -- Resolutions Authorizing or Precluding Response
Although rule VIII establishes a procedure for automatic
compliance with subpoenas without the necessity of a House vote, a
question of the privileges of the House still may be raised to address
the response of the House to a subpoena in any particular case. Manual
Sec. 697. For example, in the 102d Congress, the House considered as
questions of the privileges of the House resolutions responding to a
subpoena for certain records of the House, and to a contemporaneous
request for such records from a special counsel. The resolutions
authorized an officer of the House to release certain documents in
response to the requests from the special counsel. Manual Sec. 703.
Duration of Authorization
Resolutions authorizing a response to a subpoena or other judicial
order are effective only during the Congress in which they are
adopted. If the ju
[[Page 721]]
dicial proceedings in question extend into the next Congress, it may
be necessary to seek another authorizing resolution, which may be
offered as a question of privilege. Deschler Ch 11 Sec. Sec. 18.1,
18.2.
Sec. 11 . -- Conditions or Limitations on Response
Prior to the adoption of rule VIII, when the House authorized a
response to a subpoena by resolution on an ad hoc basis, the House
occasionally imposed various conditions or limitations, such as:
Permitting copies, but not original documents, to be produced.
Manual Sec. 291a; Deschler Ch 11 Sec. 18.
Limiting disclosure to certified copies of relevant documents.
Manual Sec. 291a.
Prohibiting disclosure of information acquired in one's
official capacity. Deschler Ch 11 Sec. 17.6.
Prohibiting disclosure of information not previously made
public. Deschler Ch 11 Sec. 17.10.
Limiting disclosure to certain files and specified documents
and only for inspection and copying. Deschler Ch 11 Sec. 17.9.
Permitting disclosure only on a determination of relevancy.
94-2, Mar. 31, 1976, p 8885.
Permitting disclosure of certain documents but barring
personal appearances. Deschler Ch 14 Sec. 15.14.
Permitting personal appearances but barring production of
certain records. Deschler Ch 11 Sec. 18.
Permitting production of original documents for laboratory
examination but providing for their return. Manual Sec. 291a.
Permitting a Member to respond only when the House is not in
session. 94-1, Dec. 1, 1975, p 37888.
Sec. 12 . Disclosure of Executive-Session Materials
The House traditionally has required that executive-session
materials be released only when specifically permitted by authorizing
resolution. Deschler Ch 11 Sec. 18.4. This practice is continued under
rule VIII clause 6(b), which states that under no circumstances shall
any minutes or transcripts of executive sessions, or any evidence of
witnesses in respect thereto, be disclosed or copied. Manual Sec. 697.
Before the adoption of rule VIII, the House by resolution asserted the
privileges of the House against the release of executive-session
materials or permitted the disclosure only after a judicial finding of
relevancy. Manual Sec. 291a.
[[Page 722]]
Sec. 13 . Providing for Legal Counsel
Statutory Authorization
Legal counsel, through the Department of Justice, is available to
an officer of the House (but not its Members) to defend the officer
against actions brought against him while he was discharging his
official duty or executing an order of the House. The district
attorney for the district where the action is brought is directed on
request to enter an appearance on behalf of the officer. 2 USC
Sec. 118. This procedure has been followed in actions involving the
House, the Speaker, the chairman of the Committee on Rules, the Clerk,
and the Sergeant-at-Arms. Manual Sec. 291b; Deschler Ch 11 Sec. 16.
Authorization by Resolution
Occasionally, the House has authorized by resolution the
appointment of special counsel to represent an officer or Member or
employee who has been served with process. Such a resolution
ordinarily is presented as a question of the privileges of the House.
Deschler Ch 11 Sec. Sec. 19.1, 19.3. Pursuant to such a resolution,
the House has authorized:
The Speaker to appoint or retain counsel to represent the
House and its employees. Deschler Ch 11 Sec. 19.1.
The chairman of a committee, with the approval of the Speaker,
to retain special counsel. Manual Sec. 291b.
The Sergeant-at-Arms, with the approval of the Speaker and the
chairman of the Committee on House Administration, to retain
special counsel. Manual Sec. 291b.
The retention of special counsel to represent the interests of
a subcommittee. Manual Sec. 291b.
The retention of special counsel to represent members of a
committee and its employees. Deschler Ch 11 Sec. 19.2.
Representation by General Counsel
Rule II clause 8 provides for an Office of General Counsel to
provide legal assistance and representation to the House. The office
assists and provides representation to Members, committees, officers,
and employees in complying with legal process under rule VIII.
[[Page 723]]
B. Consideration
Sec. 14 . Raising and Presenting the Question
In the House; Use of Resolutions
Questions of the privileges of the House are brought before the
House in the form of a resolution. 3 Hinds Sec. 2546; 8 Cannon
Sec. 3464; Deschler Ch 11 Sec. 4.2. Under rule IX such a resolution is
privileged when called up by any Member. 3 Hinds Sec. 2536; Sec. 2,
supra. However, its privilege is subject to a two-day notice
requirement, which must include an announcement of the form of the
resolution. Such announcement may be dispensed with by unanimous
consent. Manual Sec. 698. The Speaker designates the time for
consideration within two legislative days after the announcement,
which may include immediate consideration. Under rule IX the Majority
and Minority Leaders are excluded from the notice requirement. They
may offer the resolution at any time, yielding only to the motion to
adjourn. Manual Sec. 699. The form of the announcement follows:
Form
Member (other than Majority or Minority Leader): Mr. Speaker,
pursuant to clause 2(a)(1) of rule IX, I rise to give notice of my
intent to raise a question of the privileges of the House. The form
of the resolution is as follows: [Note: The Member may read the
resolution in full or may ask unanimous consent to dispense with the
reading.]
Speaker: 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 two legislative days
after the resolution is properly noticed. Pending that designation,
the form of the resolution noticed by the gentle____ from ______
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 and the gentle____ will be
notified.
The form of calling up the resolution follows:
Form
Member: Mr. Speaker, I rise to a question of the privileges of the
House, and offer a resolution announced on ______.
Speaker: The gentleman submits a resolution relating to the
privileges of the House, which the Clerk will report. [Clerk reports
the resolution in full. Manual Sec. 700.]
Opponent: Mr. Speaker, I make a point of order that the gentleman
does not present a question of privilege.
[[Page 724]]
Speaker: The gentleman presents a question of privilege, and is
recognized. [Or] The Chair will entertain argument as to whether the
resolution constitutes a question of privilege.
Under rule IX, a question of the privileges of the House having
been raised, the Speaker initially decides whether the question
presented constitutes a question of the privileges of the House, and
rules as to the validity of the question raised. Manual Sec. 713;
Deschler Ch 11 Sec. Sec. 6.1, 6.2. He makes this decision at the time
the question of privilege is called up, not at the time notice is
given. Manual Sec. 713. Appeal may be taken from the Chair's ruling,
however, because the final determination as to the validity of the
question rests with the House. Deschler Ch 11 Sec. 6.3.
The question having been properly raised on the floor by a Member,
the Speaker must entertain the question and rule on its admissibility.
2 Hinds Sec. 1501; 3 Hinds Sec. Sec. 2648-2650; Deschler Ch 11 Sec. 1.
If the matter is not admissible as a question of the privileges of the
House, he may refuse recognition. Deschler Ch 11 Sec. 6.1.
The resolution must show a prima facie breach of the privileges of
the House. The mere statement that the privileges of the House have
been violated does not present a question of privilege. Deschler Ch 11
Sec. 4.1.
A question of privilege may not be presented during a call of the
House in the absence of a quorum unless it relates to the immediate
proceedings. 3 Hinds Sec. 2545. 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. However, where a
special order is pending, such announcements are counted against
debate on the resolution absent unanimous consent to the contrary.
Manual Sec. 709.
In Committee of the Whole
A question of the privileges of the House may not be raised in the
Committee of the Whole. Deschler Ch 11 Sec. 4.3. A breach of the
privilege in the Committee of the Whole relates to the dignity of the
House and, if such breach is raised, the Committee rises and reports
to the House. 2 Hinds Sec. 1657. Without the Committee's report to the
House, the question of privilege cannot be raised in the House. 4
Hinds Sec. 4912.
Sec. 15 . Debate; Disposition
A resolution offered under rule IX is read in full. Manual
Sec. 700. A Member offering the resolution is recognized under the
hour rule. Deschler Ch 11 Sec. 7.1. Such Member must confine remarks
in debate to the question raised. Deschler Ch 11 Sec. 7.2.
[[Page 725]]
Under rule IX clause 2(a), the hour allotted for debate on a
resolution offered from the floor as a question of the privileges of
the House must be equally divided between the proponent of the
resolution and the Majority Leader or the Minority Leader or a
designee, as determined by the Speaker. Manual Sec. 699.
A question of the privileges of the House is subject to
disposition by the ordinary motions permitted under rule XVI clause 4
(Manual Sec. 709), including:
The motion to lay on the table. 5 Hinds Sec. 5438; 6 Cannon
Sec. 560.
The motion for the previous question. 5 Hinds Sec. 5460; 8
Cannon Sec. 2672; Deschler Ch 11 Sec. 7.3.
The motion to postpone. 3 Hinds Sec. 2536.
The motion to refer (or to commit) to committee. Manual
Sec. 713; 8 Cannon Sec. 3461; Deschler Ch 11 Sec. 7.4.
Tabling a resolution raising a question of the privileges of the
House is considered a final adverse disposition of that resolution,
although the question may be rephrased and presented anew or reoffered
on a subsequent day. 5 Hinds Sec. 5438. Any appeal from a decision by
the Speaker disposing of the question is likewise subject to the
motion to lay on the table. Deschler Ch 11 Sec. 6.3.
A committee report that is submitted as a matter involving the
privileges of the House may be considered on the same day reported,
notwithstanding the three-day availability rule under rule XIII clause
4(a). Deschler Ch 11 Sec. 5.10. A proposition to discharge a committee
from a question of privilege is itself privileged. 3 Hinds Sec. 2709.
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. Manual
Sec. 704.
III. Personal Privilege
A. Basis of Privilege
Sec. 16 . In General
Under rule IX clause 1, questions of personal privilege are
defined as those that affect the ``rights, reputation, and conduct''
of individual Members in their representative capacity. Under this
rule, a Member may rise to a question of personal privilege from the
floor to respond to criticism of his integrity in his representative
capacity. Manual Sec. Sec. 708, 711. A state
[[Page 726]]
ment challenging the integrity of an official transcript of a
committee hearing, thus impugning the integrity of those Members
responsible for its preparation, has given rise to a question of
personal privilege. Deschler Ch 11 Sec. 25.2. However, charges that do
not involve the Member in his representative capacity, such as charges
relating to conduct before becoming a Member, do not give rise to a
question of personal privilege. 3 Hinds Sec. Sec. 2691, 2723, 2725.
To give rise to a question of personal privilege, the criticism
must reflect directly on the Member's integrity or reputation.
Deschler Ch 11 Sec. 24.1. Mere statements of opinion about or general
criticism of his actions as a Member, or his voting record or views,
do not constitute grounds for a question of personal privilege. 3
Hinds Sec. Sec. 2712-2714; Deschler Ch 11 Sec. Sec. 24.2, 24.3. Thus,
a charge that a Member's actions amount to a ``public scandal,'' even
when made by the President (6 Cannon Sec. 525), or that a Member
distributed certain improper questionnaires (Deschler Ch 11
Sec. 24.1), or that he filed a minority report that had been written
by employees of a political party (Deschler Ch 11 Sec. 24.4), does not
give rise to a question of personal privilege.
Published charges relating to the House or the Members generally
or to ``persons advocating'' a certain measure, with no Member being
named or otherwise identified, do not give rise to a question of
personal privilege. Deschler Ch 11 Sec. Sec. 33.1-33.3.
A question of privilege may not be used to collaterally attack the
rules or orders of the House. A refusal by those in charge of the time
for general debate on a bill to allot time to a Member does not give
that Member grounds for a question of personal privilege. Deschler Ch
11 Sec. 24.
Sec. 17 . Charges by a Fellow Member; Words Used in Debate
Generally
Statements off the floor by a Member accusing another Member of
lying or intentionally making a false statement may give rise to a
question of personal privilege. Similarly, statements by a Member
impugning another Member's motives or veracity, accusing another
Member of traitorous acts, of gross political interference with a
government contract, of an abuse of personal power, or of sponsoring a
smear campaign may give rise to a question of personal privilege. 3
Hinds Sec. 2717; Deschler Ch 11 Sec. Sec. 26.2-26.8. It is not
necessary that the Member be identified by name if it is clear from
other sources that the reference was to a particular Member. 3 Hinds
Sec. 2709; 6 Cannon Sec. Sec. 616, 617; Deschler Ch 11 Sec. 26.1.
[[Page 727]]
Words Uttered in Debate or Inserted in the Congressional Record
A question of personal privilege may not be based on language
uttered on the floor of the House in debate or conveyed by an exhibit
used in debate, the remedy being a timely demand that the
objectionable words be taken down when spoken. Manual Sec. 708; 8
Cannon Sec. 2537; Deschler Ch 11 Sec. 27.1. Generally, see
Consideration and Debate. However, a Member may base such a question
on objectionable remarks inserted under leave to revise and extend
remarks. 8 Cannon Sec. 2537; Deschler Ch 11 Sec. Sec. 27.2-27.5. A
Member may also base such a question on press accounts of remarks
uttered on or off the floor impugning his character or personal
motives. Manual Sec. 708. Charges reflecting on a Member's integrity
or reputation, inserted in the Congressional Record by a Senator, also
may give rise to a question of personal privilege. Deschler Ch 11
Sec. Sec. 27.6-27.9.
Sec. 18 . Charges in the Press
Generally
Criticism of a Member in the press may give rise to a question of
personal privilege where the criticism reflects on his integrity or
conduct in his representative capacity. Deschler-Brown Ch 29
Sec. 10.75. However, vague charges in newspaper articles (6 Cannon
Sec. 570), criticisms (3 Hinds Sec. Sec. 2712-2714), or even
misrepresentations of the Member's speeches or acts or responses in an
interview have been held insufficient grounds (Manual Sec. 708; 3
Hinds Sec. Sec. 2707, 2708). The mere allegation that there has been a
violation of the rules of the House, such as that votes have been
improperly paired or that a bill has been placed on the incorrect
calendar, does not give rise to a question of personal privilege. 3
Hinds Sec. 2616; 8 Cannon Sec. 3094. However, where the allegation
impugns a Member's character or motives or reflects on his reputation
or integrity, a question of personal privilege may arise. Deschler-
Brown Ch 29 Sec. 60.27. For example, language in a newspaper asserting
that a Member would divide the Nation and that he was a spokesman for
the forces of betrayal was held to involve a question of personal
privilege. Deschler Ch 11 Sec. 31.3. Charges that a Member is a
fascist sympathizer or that he has engaged in conduct inimical to the
national security also have given rise to questions of personal
privilege. Deschler Ch 11 Sec. Sec. 31.4-31.18. Other charges in the
press that have given rise to a question of personal privilege include
allegations of:
Misuse of public funds. Deschler Ch 11 Sec. 30.1.
Conflict of interest. Deschler Ch 11 Sec. Sec. 30.6, 30.7.
Deceptive or disgraceful conduct reflecting on the House.
Deschler Ch 11 Sec. Sec. 30.2, 30.15, 30.16.
[[Page 728]]
Dereliction of duties. Deschler Ch 11 Sec. 30.3.
Confiscation of evidence. Deschler Ch 11 Sec. 30.4.
Unworthy motives in taking certain legislative action. 6
Cannon Sec. 576; 8 Cannon Sec. 2216.
Improper conduct in agency dealings. Deschler Ch 11
Sec. 30.17.
Abuse of the franking privilege. Deschler Ch 11 Sec. 30.18.
Engagement in improper lobbying activities. Deschler Ch 11
Sec. 30.6.
Introduction of legislation in which the Member had a personal
interest. Deschler Ch 11 Sec. 30.7.
Wrongful claim of ``out of pocket'' expenses in a fund-raising
activity. 94-2, Feb. 23, 1976, p 4062.
Criticism of Committee Activities
Criticism impugning the motives or actions of a chairman or member
of a committee may give rise to a question of personal privilege.
Deschler Ch 11 Sec. 30.11. Thus, a Member has been recognized to rise
to a question of personal privilege to respond to the following press
charges:
Allegation of improper disposition of classified documents
from committee files. 94-2, Mar. 9, 1976, p 5825.
Allegations of abuse of power or improper action in carrying
out committee responsibilities. Deschler Ch 11 Sec. Sec. 30.8-
30.14.
Allegation of improper hire of staff who did no work for the
committee. 94-2, May 25, 1976, p 15344.
Denigration of Member in televised committee proceedings.
Manual Sec. 708.
Allegation that a committee chairman had been buying votes.
Manual Sec. 708.
Normally, however, a question concerning charges as to the
propriety of committee procedure, as distinct from charges against the
Member's conduct in his representative capacity, should be raised as a
question of the privileges of the House, assuming that the dignity and
integrity of the House proceedings are at issue.
Charges of Illegality
Charges in the press that a Member did something illegal in his
representative capacity give rise to a question of personal privilege.
3 Hinds Sec. 1829; Deschler Ch 11 Sec. Sec. 29.1, 29.3. Such a
question has arisen on publication of charges that a Member committed
the following acts:
Treason or sedition. Deschler Ch 11 Sec. 29.6.
Forgery. Deschler Ch 11 Sec. 29.2.
Corruption and bribery. 3 Hinds Sec. 1830.
Criminal conspiracy or perjury. Deschler Ch 11 Sec. 29.5.
Tax evasion and irregularities. Deschler Ch 11 Sec. Sec. 29.4,
29.5.
Violation of the securities laws. 95-2, June 2, 1978, p 16056.
[[Page 729]]
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. Speaker Gingrich rose to a question
of personal privilege to discuss his own official conduct previously
resolved by the House. 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. Manual Sec. 708.
Charges of Impropriety
A charge of vote-selling in a conflict-of-interest case or
involvement with an organization being investigated by a Senate
committee or of conduct characterized as reprehensible has given rise
to a question of personal privilege. Deschler Ch 11 Sec. Sec. 28.1-
28.3. Speaker Hastert rose to a question of personal privilege to
respond to charges of impropriety in his selection of a Chaplain.
Manual Sec. 708.
The publication of vague charges accusing Members of impropriety,
however, does not give rise to a question of personal privilege. 8
Cannon Sec. 2711. No question of personal privilege was held to arise
from the publication of remarks attributed to a Member who denied
making them. 8 Cannon Sec. 2708.
Charges Impugning Veracity
Published charges that a Member made a false statement may give
rise to a question of personal privilege. 3 Hinds Sec. 2718; Deschler
Ch 11 Sec. Sec. 32.1, 32.2. For such a charge to give rise to this
question of privilege, however, it must be alleged that the Member
made a false statement knowingly, with intent to deceive. 3 Hinds
Sec. 2721. A mere difference of opinion over a factual matter, where
there is no intent to deceive, does not give rise to a question of
personal privilege. 3 Hinds Sec. Sec. 2720, 2721.
B. Consideration
Sec. 19 . Raising the Question; Procedure
Unlike questions of the privileges of the House, which must be
raised by resolution, questions of personal privilege are ordinarily
raised orally. Deschler Ch 11 Sec. 20.
The Member, before proceeding with debate on a question of
personal privilege, must state to the Speaker the grounds on which the
question is
[[Page 730]]
based. Deschler Ch 11 Sec. 21.1. In ruling on the question, the
Speaker may insist that the offending material, if published, be
submitted to him for his examination. Compare Deschler Ch 11 Sec. 21.2
with Sec. 21.3.
Member: Mr. Speaker, I rise to a question of personal privilege.
Speaker: The gentleman will state his question of privilege. . . .
Speaker: The Chair has examined the press accounts that have been
submitted, and it qualifies as a question of personal privilege
under rule IX.
In Committee of the Whole
Questions of personal privilege are raised in the House, not in
the Committee of the Whole. Deschler Ch 11 Sec. 21.4. Early precedents
suggest, however, that a question of personal privilege may be raised
in the Committee of the Whole if the matter in issue arose during the
Committee proceedings. 3 Hinds Sec. Sec. 2540-2544. A question of
personal privilege alleged to have arisen in the Committee of the
Whole cannot be raised in the House unless the matter was reported to
it by the Committee. Manual Sec. 711; 4 Hinds Sec. 4912; see also
Sec. 17, supra, for a discussion that words spoken in debate do not
give rise to a question of personal privilege.
Sec. 20 . Debate on the Question
Debate on a question of personal privilege is ordinarily under the
hour rule. 5 Hinds Sec. 4990; 8 Cannon Sec. 2443; Deschler Ch 11
Sec. 22.1. The Member recognized on the question controls the hour.
Manual Sec. 713. A Member wishing to respond to another Member's
debate on a question of personal privilege may do so in a special-
order speech. Deschler Ch 11 Sec. 22.2.
In rising to a question of personal privilege, the Member should
confine his remarks to the statements or issues giving rise to the
question. Manual Sec. 713; 5 Hinds Sec. Sec. 5075, 5076. However, the
Member is entitled to discuss related matters necessary to challenge
the charge that has been made against him. Deschler Ch 11 Sec. 22.5.
He should limit his remarks to the matter concerning himself
personally, and should not use his debate time to level charges
against other Members. 5 Hinds Sec. 5078; 8 Cannon Sec. Sec. 2481-
2483. His remarks should be kept within limits consistent with the
spirit of the rule, and he may not use the privilege as a vehicle for
discussions not otherwise in order. 8 Cannon Sec. 2448.
In lieu of raising a question of personal privilege, a Member may
use a one-minute or special-order speech to respond to the charge or
allegation. Deschler Ch 11 Sec. 22.4. Another option available to the
Member is merely to insert his remarks in the Congressional Record,
without using debate time. 94-2, Feb. 23, 1976, p 4062.