Massie: Transparency Is Essential to the Operation of Government
Floor remarks: open government is how Congress is supposed to work — companion piece to his House slush-fund resolution.
Original by Office of Rep. Thomas Massie on YouTube ↗ · Is this yours? Claim credit →
Transcript
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- The house will be in order. For what purpose does the gentleman from Kentucky seek recognition? >> Mr. Speaker, I rise to a question of the privileges of the house and offer the
- resolution that was previously noted. >> The clerk will report the resolution. >> House Resolution 1399. Whereas transparency is essential for
- accountability in government, whereas sexual harassment and unwelcome sexual advances by members, delegates, or resident commissioners in violation of
- clause nine and clause 18 of rule 23 of the rules of the house affect the safety, dignity, and integrity of the
- proceedings of the House of Representatives. Now, therefore, be it resolved one, that with respect to reviews, investigations, or matters
- which the Committee on Ethics or the Office of Congressional Workplace Rights have reviewed, conducted, or facilitated, the Committee on Ethics and
- the Office of Congressional Workplace Rights shall not later than 60 days after the adoption of this resolution make publicly available A, a single
- consolidated list that sets forth forth separately for each member, delegate, or resident commissioner I, the name of each member, delegate, or resident
- commissioner who was a subject of any review or investigation involving a violation of clause nine of rule 23 of the rules of the House of
- Representatives as it pertains to acts of sexual harassment or clause 18 of rule 23 of the rules of the House of
- Representatives or any case involving sexual harassment or sexual abuse if it resulted in a payment of taxpayer funds
- and double I, adjacent to each such name, the total amount of taxpayer funds included in all settlements, payments, reimbursements,
- awards, or other financial considerations paid in connection with such matters. B, the aggregate total amount of taxpayer funds included in all
- settlements, payments, reimbursements, awards, or other financial considerations paid in connection with such reviews, investigations, or matters
- involving members, delegates, or resident commissioners that did not in any portion of the settlement involve sexual harassment, sexual abuse, or
- sexual misconduct. C. The aggregate total amount of taxpayer funds included in all settlements, payments, reimbursements,
- awards, or other financial considerations paid in connection with such reviews, investigations, or matters involving in part or full sexual
- harassment, sexual abuse, or sexual misconduct by employees of the House of Representatives. And D.
- The aggregate total amount of taxpayer funds included in all settlements, payments, reimbursements, awards, or other financial considerations paid in
- connection with such reviews, investigations, or matters involving conduct by employees of the House of Representatives that did not in any
- portion of the settlement involve sexual harassment, sexual abuse, or sexual misconduct. That two. That for purp- purposes of
- this resolution, any such settlement, payment, reimbursement, award, or other financial considerations shall be treated as involving sexual harassment,
- sexual abuse, or sexual misconduct if sexual harassment, sexual abuse, or sexual misconduct was any component of
- the matter, regardless of whether the matter also involved, was classified as, or was resolved under another claim, violation, or category.
- >> The resolution qualifies. Pursuant to clause two of rule nine, the gentleman from gentleman from Kentucky, Mr. Massie, will control 30 minutes. The
- chair recognizes the gentleman from Kentucky. >> Mr. Speaker, thank you very much. Um in a representative democracy as we
- have here, a republic if you will, transparency is essential to the operation of government. Particularly transparency in the official behavior of
- the members of this body as well as the officers and employees of this body. In 1995,
- due to the Congressional Accountability Act, which by the way was a good bill, we always say that Congress should be subject to the same laws as the rest of
- the country. Well, that's what the 1995 Congressional Accountability Act was about, saying that you can't uh, discriminate or harass our employees
- just because you're a member of Congress or an office of the House of Representatives. And so, um, in that sense it was good, but it also set up a
- fund from which payments could be made to settle claims. Presumably this is in the best interests of the victims of those claims. But, this program went on
- for many years with a lot of opaqueness. And there wasn't much clarity in terms of what kind of claims were being paid out. Were they being paid out uh, to
- settle claims against staff? Were they being paid out to settle claims against members? And so, occasionally there would be reports from the offices that
- were responsible for administering the law, but there just wasn't enough information in there. And that's part of
- what my privilege resolution here today is about, getting more transparency into what happened in the first 20 years of
- this program. But, in 2018, Congress sought to revise the transparency of this program and also to impose more
- accountability. But, I have a concern that there's the 2018 bill may not have been carefully drafted and may have left
- some loopholes um, that are now open because even though we get an annual report now that has reports reports which offices in the
- house have paid out settlements and whether those settlements impose a requirement on the member in that office to pay back that taxpayer money. What I
- have discovered is that there have been no reports that have reported that any member of Congress has settled a claim
- against a staffer for which the member of Congress is responsible for paying back that claim. So when I dig into the
- results and also the language of the 2018 amendment to the Congressional Accountability Act, I see that covered
- payments refer to chapter A of title two, but when you look at the code 2 USC 1415, harassment is qualified to two
- other sections of code referring to race, gender, age, discrimination against veterans for instance, it's
- unclear to me if it covers physical or sexual harassment or other forms of sexual misconduct that may be settled
- through ethics investigations and then through the office of congressional congressional workplace rights. So I believe it is necessary to have this
- report that my resolution requests. I believe it's important to the House of Representatives to have transparency so
- that people know there wasn't a mistake in the 2018 law or maybe there was an intentional omission in the 2018 law
- where several claims could escape the new requirement in 2018 that congressmen pay back the certain settlements
- and that these certain settlements be reported. So with that, this shouldn't require a long debate. It shouldn't require a lot of explanation
- for a resolution that's only two pages. I would urge my colleagues to vote for this in the interest of transparency and
- openness. We need to know what's been going on here in the House of Representatives in order to convince the people and assure the people that we are conducting the
- people's business with the utmost integrity and treating the officers and employees of this institution with the respect that they deserve. And with
- that, I urge adoption of this resolution and I yield back. >> Without objection, the previous question is ordered on the resolution. The
- question is on adoption of the resolution. Those in favor say I. Those opposed say no. The eyes have it. The gentleman from Kentucky.
- >> I request the yeas and nays. >> The yeas and nays are requested. Those favoring a vote by the yeas and nays will rise. A sufficient number have risen. The yeas and nays are ordered.
- Pursuant to clause 8 of rule 20, further proceedings on this question will be postponed. Pursuant to clause 12A of rule 1, the
- chair declares the House in recess subject to call the call of the chair.
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