Raising a question of the privileges of the House.

Directs the House Committee on Standards of Official Conduct to investigate fully which House Democratic leaders and members of their respective staffs had knowledge before March 3, 2010, of the allegations concerning former Representative Eric Massa, and what actions each leader and staffer having any such knowledge took after learning of the allegations.

Requires the Committee to establish an Investigative Subcommittee regarding such matter, or report to the House of Representatives the reasons for its failure to do so.

Requires the Chief Administrative Officer to 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 Members and staff who are the subjects of such investigation until advised by the Committee that it has no need of any portion of such records.

Requires the Committee to issue a final report by June 30, 2010.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1164 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1164

           Raising a question of the privileges of the House.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2010

             Mr. Boehner submitted the following resolution

                             March 11, 2010

   By motion of the House, referred to the Committee on Standards of 
                            Official Conduct

_______________________________________________________________________

                               RESOLUTION


 
           Raising a question of the privileges of the House.

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 Feburary 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''; and
Whereas the Committee on Standards of Official Conduct is charged under House 
        Rules with enforcing the Code of Conduct: Now, therefore, be it
    Resolved, That--
            (1) the Committee on Standards of Official Conduct is 
        directed to investigate fully, pursuant to clause 3(a)(2) of 
        the 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 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.
                                 <all>