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[Journal of the House of Representatives, 1995]
[Thursday, April 6, 1995 (57), Para 57.20 Privileges of the House]
[Pages 594-595]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.57.20  privileges of the house

  Mr. DEUTSCH rose to a question of the privileges of the House and 
called up the following resolution (H. Res. 131):

       Whereas rule IX of the Rules of the House of 
     Representatives provides that questions of privilege shall 
     arise whenever the rights of the House collectively are 
     affected:
       Whereas, under the precedents, customs, and traditions of 
     the House pursuant to rule IX, a question of privilege has 
     arisen in cases involving the constitutional prerogatives of 
     the House;
       Whereas section 7 of Article I of the Constitution requires 
     that revenue measures originate in the House of 
     Representatives; and
       Whereas the conference report on the bill H.R. 831 
     contained a targeted tax benefit which was not contained in 
     the bill as passed the House of Representatives and which was 
     not contained in the amendment of the Senate: Now, therefore, 
     be it
       Resolved, That the Comptroller General of the United States 
     shall prepare and transmit, within 7 days after the date of 
     the adoption of this resolution, a report to the House of 
     Representatives containing the opinion of the Comptroller 
     General on whether the addition of a targeted tax benefit by 
     the conferees to the conference report on the bill H.R. 831 
     (A bill to amend the Internal Revenue Code of 1986 to 
     permanently extend the deduction for the health insurance 
     costs of self-employed individuals, to repeal the provision 
     permitting nonrecognition of gain on sales and exchanges 
     effectuating policies of the Federal Communications 
     Commission, and for other purposes) violates the requirement 
     of the United States Constitution that all revenue measures 
     originate in the House of Representatives.

  The SPEAKER pro tempore, Mr. McINNIS, ruled that the resolution 
submitted did not present a question of the privileges of the House 
under rule IX, and said:
  The Chair rules that the resolution does not constitute a question of 
privilege under rule IX.
  The resolution offered by the gentleman from Florida collaterally 
questions actions taken by a committee of conference on a House-
originated revenue bill by challenging the inclusion in the conference 
report of additional revenue matter not contained in either the House 
bill nor the Senate amendment committed to conference. The resolution 
calls for a report by the Comptroller General on the propriety under 
section 7 of article I of the Constitution of those proceedings and 
conference actions on a bill that has already moved through the 
legislative process.
  In the opinion of the Chair, such a resolution does not raise a 
question of the privileges of the House. As recorded in Deschler's 
Precedents, volume 3, chapter 13, section 14.2, a question of privilege 
under section 7 of article I of the Constitution may be raised only when 
the House is ``in possession of the papers.'' In other words, any 
allegation of infringement on the prerogatives of

[[Page 595]]

the House to originate a revenue measure must be made contemporaneous 
with the consideration of the measure by the House and may not be raised 
after the fact.
  The Chair rules that the resolution does not constitute a question of 
the privileges of the House.
  Mr. DEUTSCH appealed the ruling of the Chair.
  Mr. WALKER moved to lay the appeal on the table.
  The question being put, viva voce,
  Will the House lay on the table the appeal of the ruling of the Chair?
  The SPEAKER pro tempore, Mr. McINNIS, announced that the nays had it.
  Mr. WALKER objected to the vote on the ground that a quorum was not 
present and not voting.
  A quorum not being present,
  The roll was called under clause 4, rule XV, and the call was taken by 
electronic device.

Yeas

230

When there appeared

Nays

192
```