Order Code 98-411 GOV
Updated November 24, 2004
CRS Report for Congress
Received through the CRS Web
Questions of Privilege in the House
James V. Saturno and Stanley Bach
Government and Finance Division
The House of Representatives distinguishes between privileged business and
questions of privilege. Privileged business consists of those bills, resolutions, and other
matters that Members can bring up for consideration on the House floor. These matters
are privileged to interrupt the regular order of business that is defined in the House’s
rules. Questions of privilege constitute one form of privileged business. Clause 1 of
House Rule IX recognizes two kinds of questions of privilege: questions of the privileges
of the House, and questions of personal privilege. For more information on legislative
process, see [http://www.crs.gov/products/guides/guidehome.shtml].
Questions of the Privileges of the House
Under Rule IX, clause 1, questions of the privileges of the House are “those affecting
the rights of the House collectively, its safety, dignity, and the integrity of its
proceedings.” For example, questions relating to the seating of Members and the
organization of the House at the beginning of a Congress have been held to raise
questions of the privileges of the House, as have questions relating to the health and safety
of Members and staff. Other subjects cited in House Practice as giving rise to questions
of the privileges of the House include: “the presence on the House floor of unauthorized
persons,” “the conduct of those in the press gallery,” “the integrity of the Journal,” “the
protection of House records and files,” “the accuracy of House documents and records,”
and “use of an allegedly forged document at a committee hearing.”
The Speaker determines whether a question that a Member has raised does in fact
qualify under the House’s precedents as a question of the privileges of the House. Two
of the general principles that guide the Speaker in making these determinations are stated
in House Practice. First, “[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;” and second, “[a]
Member may not by raising a question of the privileges of the House under Rule IX
thereby attach privilege to a question not otherwise in order under the rules of the House”
(in other words, make a question a matter of privileged business).
Questions of Personal Privilege
Clause 1 of Rule IX defines questions of personal privilege as “those affecting the
rights, reputation, and conduct of Members, Delegates, or the Resident Commissioner,
individually, in their representative capacity only.” Again, it is the Speaker who
determines whether an allegation or statement gives rise to a question of personal
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privilege. According to House Practice, the allegation or statement must refer to an
individual Member and must reflect directly on the Member’s integrity or reputation.
“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.”
Members have raised questions of personal privilege to respond to allegations about
matters such as misuse of public funds, conflicts of interest, abuse of the franking
privilege, corruption and bribery, criminal conspiracy or perjury, violation of the
securities laws, and knowingly making a false statement with the intent to deceive.
Members may rise to questions of personal privilege to respond to such public criticisms,
whether made by other Members or, for example, in private publications. However, a
question of personal privilege “may not be based on language uttered on the floor of the
House in debate,” according to House Practice, because the offended Member has another
recourse: a timely demand that the objectionable words be taken down.
Floor Action on Questions of Privilege
A Member raises a question of the privileges of the House in the form of a
resolution. The Member rises on the floor and states, “Mr. Speaker, I rise to a question
of the privileges of the House, and I offer a resolution which I send to the Clerk’s desk.”
The text of the resolution is read. If it is the majority leader or the minority leader who
offers the resolution, the Speaker immediately rules as to whether it constitutes a valid
question of privilege. If the question is raised by any other Member, consideration of it
is deferred until a time and place within the next two legislative days that the Speaker
designates in the legislative schedule. When that time arrives, the Speaker then decides
whether the resolution raises a valid question of privilege.
If the Speaker determines that the resolution does raise a valid question of privilege,
the House proceeds to consider the resolution under the one-hour rule, with the time for
debate equally divided between the resolution’s proponent and either the majority leader
or the minority leader, as the Speaker determines. The House may agree to order the
previous question after the first hour of debate on the resolution; if so, the House proceeds
to vote on the resolution without amendment or further debate. If the previous question
is not ordered, debate may continue under the one-hour rule, and the Member controlling
the time may propose an amendment to the resolution. Motions to table or refer the
resolution, or to postpone its consideration, also are in order.
A Member raises a question of personal privilege simply by stating that he or she is
rising on the floor for that purpose. A question of personal privilege is not raised by
resolution. The Speaker then asks the Member to explain the grounds on which the
question is based. If the Speaker determines that the Member has raised a valid question
of privilege, that Member is recognized immediately to speak for one hour. After this
hour for debate, the House takes no further action on the matter. No vote occurs because
there is no question for the House to decide.
For additional information, see the Parliamentarian’s annotations accompanying
House Rule IX; House Practice, pp. 707-730; and Deschler’s Precedents of the U.S.
House of Representatives, v. 3, pp. 27-143.

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