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 immediately to 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 July 31, 2010.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1249 Referred to Committee House (RTH)]

111th CONGRESS
  2d Session
H. RES. 1249

           Raising a question of the privileges of the House.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2010

             Mr. Boehner submitted the following resolution

                             April 14, 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 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 Representative 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 Representative Massa about allegations of sexual 
        harassment may have exposed employees and interns of Representative 
        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.
                                 <all>