[Congressional Record Volume 156, Number 35 (Thursday, March 11, 2010)]
[House]
[Pages H1337-H1339]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Mr. BOEHNER. Mr. Speaker, I send to the desk a privileged resolution 
and ask for its immediate consideration in the House.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 1164

       Whereas, on March 8, 2010, Representative Eric Massa 
     resigned from the House;
       Whereas, numerous newspapers and other media organizations 
     reported in the days before and after Mr. Massa's resignation 
     that the Committee on Standards of Official Conduct was 
     investigating allegations that Mr. Massa sexually harassed 
     Members of his congressional staff;
       Whereas, on March 3, 2010, Majority Leader Hoyer's office 
     issued a statement saying, ``The week of February 8th, a 
     member of Rep. Massa's staff brought to the attention of Mr. 
     Hoyer's staff allegations of misconduct that had been made 
     against Mr. Massa. Mr. Hoyer's staff immediately informed him 
     of what they had been told'';
       Whereas, on Thursday, March 4, Roll Call newspaper 
     reported, ``Speaker Nancy Pelosi said she only learned 
     Wednesday of misconduct allegations against freshman Rep. 
     Eric Massa, though her staff had learned of it earlier and 
     decided against briefing her. `There had been a rumor, but 
     just that,' Pelosi told reporters at her weekly news 
     conference. `A one-, two-, three-person rumor that had been 
     reported to Mr. Hoyer's office and reported to my staff which 
     they did not report to me because you know what? This is 
     rumor city. There are rumors.' '';
       Whereas, on March 11, 2010, The Washington Post reported, 
     ``House Speaker Nancy Pelosi's office was notified in October 
     by then-Rep. Eric Massa's top aide [Joe Racalto] of concerns 
     about the New York Democrat's behavior'';
       Whereas, on March 11, 2010, Politico newspaper reported, 
     ``Democratic insiders say Pelosi's office took no action 
     after Racalto expressed his concerns about his then-boss in 
     October'';
       Whereas, on March 9, 2010, The Corning Leader newspaper 
     reported, ``Hoyer said last week he told Massa to inform the 
     House Ethics Committee of the charges within 48 hours. `Steny 
     Hoyer has never said a single word to me, never, not once, 
     not a word,' Massa said Sunday. `This is a lie. It is a 
     blatant false statement.' '';
       Whereas, numerous confusing and conflicting media reports 
     that House Democratic leaders knew about, and may have failed 
     to handle appropriately, allegations that Rep. Massa was 
     sexually harassing his own employees have raised serious and 
     legitimate questions about what Speaker Pelosi as well as 
     other Democratic leaders and their respective staffs were 
     told, and what those individuals did with the information in 
     their possession;
       Whereas, the aforementioned media accounts have held the 
     House up to public ridicule;
       Whereas, the possibility that House Democratic leaders may 
     have failed to immediately confront Rep. Massa about 
     allegations of sexual harassment may have exposed employees 
     and interns of Rep. Massa to continued harassment;
       Whereas, clause one of rule XXIII of the Rules of the House 
     of Representatives, titled ``Code of Conduct,'' states ``A 
     Member, Delegate, Resident Commission, officer, or employee 
     of the House shall conduct himself at all times in a manner 
     that shall reflect creditably on the House'';
       Whereas, the Committee on Standards of Official Conduct is 
     charged under House Rules with enforcing the Code of Conduct: 
     Now, therefore, be it
       Resolved:
       (1) The Committee on Standards of Official Conduct is 
     directed to investigate fully, pursuant to clause 3(a)(2) of 
     House rule XI, which House Democratic leaders and members of 
     their respective staffs had knowledge prior to March 3, 2010 
     of the aforementioned allegations concerning Mr. Massa, and 
     what actions each leader and staffer having any such 
     knowledge took after learning of the allegations;
       (2) Within ten days following adoption of this resolution, 
     and pursuant to Committee on Standards of Official Conduct 
     rule 19, the committee shall establish an Investigative 
     Subcommittee in the aforementioned matter, or report to the 
     House no later than the final day of that period the reasons 
     for its failure to do so;
       (3) All Members and staff are instructed to cooperate fully 
     in the committee's investigation and to preserve all records, 
     electronic or otherwise, that may bear on the subject of this 
     investigation;
       (4) The Chief Administrative Officer shall immediately take 
     all steps necessary to secure and prevent the alteration or 
     deletion

[[Page H1338]]

     of any e-mails, text messages, voicemails and other 
     electronic records resident on House equipment that have been 
     sent or received by the Members and staff who are the 
     subjects of the investigation authorized under this 
     resolution until advised by the Committee on Standards of 
     Official Conduct that it has no need of any portion of said 
     records; and,
       (5) The Committee shall issue a final report of its 
     findings and recommendations in this matter no later than 
     June 30, 2010.

  The SPEAKER pro tempore. The resolution presents a question of 
privilege.


                     Motion to Refer the Resolution

  Mr. CLYBURN. Mr. Speaker, I move that the resolution be referred to 
the Committee on Standards of Official Conduct.
  The SPEAKER pro tempore. The gentleman from South Carolina is 
recognized on the motion.
  Mr. CLYBURN. Mr. Speaker, this is a matter that properly belongs 
before the Committee on Standards of Official Conduct.
  I yield back the balance of my time, and I move the previous question 
on the motion.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. BOEHNER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 404, 
noes 2, answered ``present'' 15, not voting 9, as follows:

                             [Roll No. 106]

                               AYES--404

     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                                NOES--2

     Johnson (IL)
     Rohrabacher
       

                        ANSWERED ``PRESENT''--15

     Bonner
     Butterfield
     Castor (FL)
     Chandler
     Conaway
     Dent
     Harper
     Hastings (WA)
     Johnson (GA)
     Lofgren, Zoe
     McCaul
     Myrick
     Simpson
     Walden
     Welch

                             NOT VOTING--9

     Akin
     Buyer
     Davis (AL)
     Deal (GA)
     Diaz-Balart, L.
     Griffith
     Hoekstra
     Ryan (OH)
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1314

  Mr. KING of Iowa changed his vote from ``no'' to ``aye.''
  Mr. McCAUL changed his vote from ``aye'' to ``present.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the motion to refer.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. CANTOR. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to refer the resolution will be followed by a 
5-minute vote on suspending the rules and agreeing to House Resolution 
1107.
  The vote was taken by electronic device, and there were--ayes 402, 
noes 1, answered ``present'' 15, not voting 12, as follows:

                             [Roll No. 107]

                               AYES--402

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Etheridge
     Fallin
     Farr

[[Page H1339]]


     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth

                                NOES--1

       
     Fattah
       

                        ANSWERED ``PRESENT''--15

     Bonner
     Butterfield
     Castor (FL)
     Chandler
     Conaway
     Dent
     Harper
     Hastings (WA)
     Johnson (GA)
     Lofgren, Zoe
     McCaul
     Myrick
     Simpson
     Walden
     Welch

                             NOT VOTING--12

     Berry
     Buyer
     Davis (AL)
     Deal (GA)
     Diaz-Balart, L.
     Eshoo
     Griffith
     Hoekstra
     Mitchell
     Speier
     Young (AK)
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1331

  So the motion was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________