Mr. Speaker, I call up privileged resolution, H. Res. 1737, and ask for its immediate consideration. Mr. Speaker, I yield 30 minutes to the gentleman from New York (Mr. Rangel) for purposes of debate only, and I ask unanimous consent that…
Mr. Speaker, I call up privileged resolution, H. Res. 1737, and ask for its immediate consideration.
Mr. Speaker, I yield 30 minutes to the gentleman from New York (Mr. Rangel) for purposes of debate only, and I ask unanimous consent that he be permitted to control those 30 minutes.
Of my remaining 30 minutes, I yield 15 minutes to the gentleman from Alabama, the ranking member on the Committee on Standards of Official Conduct, Mr. Bonner, for purposes of debate only, and I ask unanimous consent that he be permitted to control those 15 minutes.
Mr. Speaker, I yield myself such time as I may consume.
As the chair of the Committee on Standards of Official Conduct and as chair of the adjudicatory subcommittee in the matter of Mr. Rangel, I rise in support of the resolution which calls for censure of Representative Charles B. Rangel.
Article I, section 5 of the Constitution provides that ``each House may punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.''
In the House, the Committee on Standards of Official Conduct is charged with recommending and enforcing ethical standards that ensure that Members and staff act in a manner befitting that public trust.
It is the role of the committee to review allegations that a Member has violated those standards. In this case, after a lengthy and thorough investigation that spanned more than 2 years and resulted in a 5,000-page report, the committee concluded that this Member violated those standards. We were charged with recommending an appropriate sanction to the House.
The entire report has been available to Members of the House and the public on the committee's Web site. Many portions of the report have previously been publicly released, some since July.
Here is a brief summary of the findings of that report and why the committee recommended censure.
In this matter, we found that Representative Rangel engaged in misconduct in four areas.
Mr. Rangel improperly solicited individuals and entities with businesses and interest before the House to fund the Charles B. Rangel Center for Public Service at City College of New York. He misused official resources to make these solicitations for millions of dollars. He improperly solicited funds from lobbyists.
He failed to file full and complete financial disclosure statements for 10 years.
He accepted a favor or benefit related to his use of a residential, rent-stabilized apartment as a campaign office under circumstances that created an appearance of impropriety.
He failed to report and pay taxes for years on income he received from a property he owns in the Dominican Republic.
We found that Representative Rangel's conduct in each of those four areas violated laws and regulations, as well as the rules of the House and standards of conduct, namely that he:
Violated the Gift and Solicitation Ban, a statute enacted by Congress in 1989;
Violated clauses 2 and 5 of the Code of Ethics for Government Service;
Violated postal service laws and regulations issued by the Franking Commission;
Violated the rules of this House, including the Code of Conduct;
Violated the Purpose Law, a statute which derives directly from the Constitution;
Violated the Ethics in Government Act; and
Violated the Internal Revenue Code.
A bipartisan majority of his colleagues concluded that 11 of the 13 counts in the Statement of Alleged Violation regarding these areas of his misconduct were proved by clear and convincing evidence.
We found his actions and accumulation of actions ``reflected poorly on the institution of the House and, thereby, brought discredit to the House.''
Nothing we say or do here today will in any way diminish his service to our country or our gratitude for his service, both in this House and as a hero of the Korean War.
But that service does not excuse the fact that Representative Rangel violated laws. He violated regulations. He violated the rules of this House. And he violated the standards of conduct.
Because of that misconduct, the nonpartisan committee staff recommended that he be censured, and a bipartisan majority of the committee voted to recommend censure.
The committee also voted to require that he pay restitution to taxing authorities.
Censure is a very serious sanction and one rarely imposed by the House. The decision to recommend that sanction was not reached lightly.
In making its recommendation, the committee considered the aggregation of Representative Rangel's misconduct. The committee concluded that his violations occurred on a ``continuous and prolonged basis'' and were ``more serious in character, meriting a strong Congressional response rebuking his behavior.''
For the violations related to the payment of taxes, the committee considered not only the amount of taxes he failed to pay over many years, but the fact that he served at various times in highly visible and influential positions as both chairman and ranking member of the Ways and Means Committee.
It brought discredit to the House when this Member, with great responsibility for tax policy, did not fully pay his taxes for many years.
Some have questioned whether a recommendation of censure is consistent with the committee's past precedent. It is true that in the committee's roughly 40 years of existence, the House has censured just four Members. But it is also true that for precedent to be followed, a precedent must be set.
We follow precedent, but we also set it. For example, nearly 30 years ago, the committee recommended that two Members be reprimanded for engaging in sexual relations with pages. The House rejected the recommendation and instead censured those two Members. It is possible that if that situation were to occur again today, this House might not feel censure is a severe enough action.
Many of us in this body pledged 4 years ago to create the most honest, most open, and most ethical Congress in history. Censure for this misbehavior is consistent with that pledge.
At the hearing, the nonpartisan committee counsel said clearly that Representative Rangel's pattern of misconduct appeared to reflect ``overzealousness'' and ``sloppiness.'' But he also said that did not excuse his misconduct.
In light of those considerations, a bipartisan majority of the committee concluded that it was appropriate to recommend to the House that Representative Rangel be censured.
Throughout this matter, key decisions were made with bipartisan votes. Not all votes were unanimous, but each was made on the basis of a bipartisan, majority vote.
The purpose of the ethics process is not punishment, but accountability and credibility: accountability for the respondent and credibility for the House itself.
Where a Member has been found by his colleagues to have violated our ethical standards, that Member must be held accountable for his conduct.
Representative Rangel has violated the public trust. While it is difficult--actually painful--to sit in judgment of our colleague, it is our duty under the Constitution to do so. And, accordingly, I bring this resolution to the floor today.
Mr. Speaker, I reserve the balance of my time.
I reserve the balance of my time.
I would yield 30 seconds to the gentleman.
Mr. Speaker, I yield 4 minutes to the gentleman from North Carolina (Mr. Butterfield), a member of the committee.
Mr. Speaker, I want to just make a couple of brief comments before turning back to Mr. Butterfield.
First, although the issue of two Members in 1983 being censured for sexual misconduct has been mentioned, historically censure has been used a variety of times, including the very first time, for insulting the Speaker of the House; insulting the House, Mr. John Chandler, by introduction of a resolution containing unparliamentary language; Mr. Hunter, using unparliamentary language; Mr. Holbrook, using unparliamentary language. So I think it is important to at least have that history.
I want to say one other thing. And we do not discuss the executive session deliberations of the committee, but I feel obliged to note, since I think a misimpression could be had, that in fact Mr. Rangel did sign a settlement effort, and the committee was unable to reach a settlement agreement with Mr. Rangel earlier this year.
Now, it may well be that the committee and the House could do a different sanction. Mr. Scott identified several Members and former Members and staffers who are either still serving sentences in prison or still in court being tried in ongoing proceedings of misconduct. I think it's precisely because of that failure to put Members of this body and the American public first, to demand a higher standard, that the committee on a 9-1 vote recommended this sanction.
We need a higher standard. Mr. Rangel himself has acknowledged that we must meet a higher standard. Process is about protecting the integrity of the House as much as it is about sanctioning an individual who has violated the rules. The nonpartisan committee counsel recommended this. On a 9-1 vote the bipartisan committee recommended this.
This is a wrenching decision for us all. It is not with any pleasure at all that I stand here today presenting the committee's report. And finally, it is for each and every one of us to sort through our own conscience, mindful of the obligation we have first and foremost to the American people, to protect the integrity of the House as we decide what to do.
Each of us must cast the vote that we think is right, and I will respect each Member who does that.
Mr. Speaker, I yield back the balance of my time.