[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 51 Introduced in House (IH)]

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116th CONGRESS
  1st Session
H. CON. RES. 51

  Calling on President Donald J. Trump to comply with the Emoluments 
               Clause of the United States Constitution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2019

 Ms. Lofgren submitted the following concurrent resolution; which was 
           referred to the Committee on Oversight and Reform

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Calling on President Donald J. Trump to comply with the Emoluments 
               Clause of the United States Constitution.

Whereas article 1, section 9, clause 8 of the United States Constitution states: 
        ``no person holding any office of profit or trust . . . shall, without 
        the consent of the Congress, accept of any present, emolument, office, 
        or title of any kind whatever, for any king, prince, or foreign state'';
Whereas in Federalist No. 22 (Alexander Hamilton) it is said, ``One of the weak 
        sides of republics, among their numerous advantages, is that they afford 
        too easy an inlet to foreign corruption'';
Whereas the delegates to the Constitutional Convention specifically designed the 
        Emoluments Clause as an antidote to potentially corrupting foreign 
        practices of a kind that the Framers had observed during the period of 
        the Confederation;
Whereas the word emoluments means profit, salary, fees, or compensation which 
        would include direct payment as well as other benefits including 
        extension of credit, forgiveness of debt, or the granting of rights of 
        pecuniary value;
Whereas in 2009, the Office of Legal Counsel clarified that corporations owned 
        or controlled by foreign governments presumptively qualify as foreign 
        States under the Foreign Emoluments Clause;
Whereas against the advice of ethics attorneys and the Office of Government 
        Ethics, the President has refused to divest his ownership stake in his 
        businesses;
Whereas the then-Director of the nonpartisan Office of Government Ethics said 
        that the President's transfer of his business holdings to a trust 
        managed by family members is ``meaningless'' and ``does not meet the 
        standards that . . . every president in the past four decades has met'';
Whereas Congress has previously given its consent for sitting presidents to 
        accept foreign emoluments, after being given the opportunity to review 
        the gift;
Whereas Congress can only give its consent for emoluments received by a 
        president if the president provides information on the emoluments he has 
        received from foreign sources, including the amount, the source, and the 
        circumstances under which the emolument was received;
Whereas President Trump has failed to provide Congress the opportunity to review 
        any information related to emoluments he has received and continues to 
        receive, denying Congress the opportunity to fulfill its duty to review 
        and consent to the emoluments;
Whereas the President is a part owner of an office building on the Avenue of the 
        Americas in New York City, reportedly carrying a $950 million loan, 
        partially held by the Industrial and Commercial Bank of China;
Whereas the Governments of Afghanistan, India, Iraq, Kuwait, Qatar, Malaysia, 
        Saudi Arabia, Slovakia, and Thailand all leased space in Trump World 
        Tower in Manhattan during the first eight months of the presidency;
Whereas since the start of his presidency, the Government of China has approved 
        40 new trademarks to President Trump and his companies;
Whereas in January and February 2017, the Saudi Government paid $270,000 for a 
        lobbying firm's hotel room and other expenses at Trump International 
        Hotel Washington, DC;
Whereas on February 25, 2017, the Embassy of Kuwait held its National Day 
        Celebration at Trump International Hotel in Washington, DC, reportedly 
        spending an estimated amount between $40,000 and $60,000 on the 
        celebration;
Whereas the Prime Ministers of Malaysia and Romania have stayed at the Trump 
        International Hotel during official visits to Washington, DC;
Whereas in September, Turkish Airlines, which is partly owned by the Turkish 
        Government, held its World Golf Cup at the Trump National Golf Club--DC 
        in Potomac Falls, Virginia;
Whereas government-run television networks in the United Kingdom and Vietnam pay 
        royalties for broadcasting spinoffs of the Celebrity Apprentice, a show 
        for which the President retains his Executive Producer title; and
Whereas the President continues to engage in business transactions with foreign 
        governments by maintaining a business interest in over 500 entities 
        including, both commercial and residential real estate properties, 
        management and media companies, and shell corporations set up to 
        capitalize on licensing deals: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) calls on President Donald J. Trump to take measures, 
        consistent with the advice of the Office of Legal Ethics and 
        precedent set by previous Presidents, to ensure compliance with 
        the Emoluments Clause of the United States Constitution;
            (2) declares President Donald J. Trump's receipt of foreign 
        emoluments without the opportunity for Congressional review and 
        consent a violation of the Emoluments Clause of the United 
        States Constitution; and
            (3) directs President Donald J. Trump to disclose to 
        Congress all information related to foreign emoluments 
        received, including but not limited to personal and business 
        tax documents, to enable Congress to fulfill its Constitutional 
        duty to ensure that Federal officeholders are free of 
        corruption.
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