[Congressional Record Volume 156, Number 52 (Wednesday, April 14, 2010)]
[House]
[Pages H2553-H2554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. BOEHNER. Madam Speaker, I have a privileged resolution at the
desk and ask for its immediate consideration in the House.
The SPEAKER pro tempore (Ms. Edwards of Maryland). The Clerk will
report the resolution.
The Clerk read as follows:
H. Res. 1249
Whereas, on March 4, 2010, the Committee on Standards of
Official Conduct issued the following public statement, ``The
Committee, pursuant to Rule 18(a), is investigating and
gathering additional information concerning matters related
to allegations involving Representative Massa'';
Whereas, on March 8, 2010, Representative Eric Massa
resigned from the House;
Whereas, in the days following Representative Massa's
resignation, 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 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, on March 11, 2010, the House of Representatives
voted 402-1 to refer to the Standards Committee House
Resolution 1164. The resolution would have directed the
Committee on Standards of Official Conduct to ``investigate
fully, pursuant to clause 3(a)(2) of House Rule XI, which
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'';
Whereas, House Resolution 1164 also stated, ``Within ten
days following the 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'';
Whereas, thirty-four days have passed since the House vote
on the resolution that, had it passed, would have required
the Standards Committee to create an investigative
subcommittee. Nevertheless, during that time the committee
has failed to establish an investigative subcommittee and has
issued no public announcements indicating its intention to do
so;
Whereas, during the past thirty-four days, numerous news
reports have made public additional disturbing information
about Mr. Massa's actions and his staff's attempts to bring
their concerns about Mr. Massa's conduct to the attention of
Democratic leadership;
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, as recently as this morning, the Washington Post
published an article on its Web site and on page three of
that newspaper headlined ``Staffers' Accounts Paint More
Detailed, Troubling Picture of Massa's Office'';
Whereas, the same Washington Post article also contained
the following sub-headline: ``Workers Felt Helpless'';
Whereas, in the wake of the aforementioned media accounts
and a 402-1 vote by the House that should have signaled to
the committee the seriousness of this matter, the continued
failure by the Committee on Standards of Official Conduct to
establish an investigative subcommittee has held the
committee and the full House to public ridicule;
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;
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, officers 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 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
July 31, 2010.
The SPEAKER pro tempore. The resolution qualifies.
Motion to Refer the Resolution
Mr. McGOVERN. Madam Speaker, I move that the resolution be referred
to the Committee on Standards of Official Conduct.
The SPEAKER pro tempore. The gentleman from Massachusetts is
recognized for 1 hour.
Mr. McGOVERN. Madam 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 previous question was ordered.
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. BOEHNER. Madam 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 will be followed by a 5-minute vote
on the motion to suspend the rules on House Resolution 1246.
The vote was taken by electronic device, and there were--ayes 235,
noes 157, answered ``present'' 17, not voting 20, as follows:
[Roll No. 202]
AYES--235
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
[[Page H2554]]
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Garamendi
Giffords
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lowey
Lujan
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (VA)
Serrano
Sestak
Shea-Porter
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wilson (OH)
Woolsey
Wu
Yarmuth
NOES--157
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Bartlett
Barton (TX)
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cantor
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cole
Crenshaw
Culberson
Davis (KY)
Diaz-Balart, M.
Dreier
Duncan
Ehlers
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gerlach
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Griffith
Guthrie
Hall (TX)
Heller
Hensarling
Herger
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Lance
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McClintock
McCotter
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Neugebauer
Nunes
Olson
Paul
Paulsen
Pence
Petri
Pitts
Platts
Posey
Putnam
Quigley
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walz
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (FL)
ANSWERED ``PRESENT''--17
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Diaz-Balart, L.
Harper
Hastings (WA)
Latham
Lofgren, Zoe
McCaul
Myrick
Poe (TX)
Simpson
Walden
Welch
NOT VOTING--20
Barrett (SC)
Bilbray
Campbell
Davis (AL)
Gallegly
Gonzalez
Gordon (TN)
Hoekstra
Lucas
Lynch
Price (GA)
Radanovich
Ruppersberger
Sanchez, Linda T.
Scott (GA)
Sherman
Terry
Wamp
Wasserman Schultz
Young (AK)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1628
Mrs. KIRKPATRICK of Arizona and Mr. WALZ changed their vote from
``aye'' to ``no.''
Mr. FATTAH changed his vote from ``no'' to ``aye.''
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.
Stated against:
Mr. LUCAS. Madam Speaker, on rollcall No. 202, I was unavoidably
detained. Had I been present, I would have voted ``no.''
____________________