[Congressional Record Volume 163, Number 39 (Tuesday, March 7, 2017)]
[House]
[Pages H1571-H1574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE
PRIVILEGES OF THE HOUSE
Ms. ESHOO. Mr. Speaker, pursuant to clause (2)(a)(1) of rule IX, I
rise to give notice of my intent to raise a question of the privileges
of the House.
[[Page H1572]]
Mr. Speaker, I ask unanimous consent that the form of the resolution
appear in the Record at this point.
The SPEAKER pro tempore (Mr. Womack). Is there objection to the
request of the gentlewoman from California?
There was no objection.
The form of the resolution is as follows:
Expressing the sense of the House of Representatives that
the President shall immediately disclose his tax return
information to Congress and the American people.
Whereas, in the United States' system of checks and
balances, Congress has a responsibility to hold the Executive
Branch of government to the highest standard of transparency
to ensure the public interest is placed first;
Whereas, according to the Tax History Project, every
President since Gerald Ford has disclosed their tax return
information to the public;
Whereas, tax returns provide an important baseline
disclosure because they contain highly instructive
information including whether the candidate paid taxes, what
they own, what they have borrowed and from whom, whether they
have made any charitable donations, and whether they have
taken advantage of tax loopholes;
Whereas, disclosure of the President's tax returns could
help those investigating Russian influence in the 2016
election understand the President's financial ties to the
Russian Federation and Russian citizens, including debts owed
and whether he shares any partnership interests, equity
interests, joint ventures or licensing agreements with Russia
or Russians;
Whereas, the New York Times has reported that President
Trump's close senior advisers, including Carter Page, Paul
Manafort, Roger Stone, and General Michael Flynn, have been
under investigation by the Federal Bureau of Investigation
for their ties to the Russian Federation;
Whereas, Russian Deputy Foreign Minister Sergei Ryabkov
told Interfax, a Russian media outlet, on November 10, 2016
that ``there were contacts'' with Donald Trump's 2016
campaign, and it has been reported that members of President
Trump's inner circle were in contact with senior Russian
officials throughout the 2016 campaign;
Whereas, according to his 2016 candidate filing with the
Federal Election Commission, the President has 564 financial
positions in companies located in the United States and
around the world;
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 director of the nonpartisan Office of
Government Ethics said that the President's plan to transfer
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, the Emoluments Clause was included in the U.S.
Constitution for the express purpose of preventing federal
officials from accepting any ``present, Emolument, Office, or
Title . . . from any King, Prince, or foreign state'';
Whereas, according to the Washington Post, the Trump
International Hotel in Washington, D.C. has hired a
``director of diplomatic sales'' to generate high-priced
business among foreign leaders and diplomatic delegations;
Whereas, according to Reuters, the Trump International
Hotel could receive up to $60,000 from the Kuwaiti government
for a party it held at the Hotel on February 22, 2017.
Whereas, according to the New York Times, the President
used a legally dubious tax maneuver in 1995 that could have
allowed him to avoid paying federal taxes for 18 years;
Whereas, the most signed petition on the White House
website calls for the release of the President's tax return
information to verify compliance with the Emoluments Clause,
with 1 million, 78 thousand signatures as of the date of this
resolution;
Whereas, the Chairmen of the Ways and Means Committee,
Joint Committee on Taxation, and Senate Finance Committee
have the authority to request the President's tax returns
under Section 6103 of the tax code;
Whereas, the Joint Committee on Taxation reviewed the tax
returns of President Richard Nixon in 1974 and made the
information public;
Whereas, the Ways and Means Committee used IRC 6103
authority in 2014 to make public the confidential tax
information of 51 taxpayers;
Whereas, the American people have the right to know whether
or not their President is operating under conflicts of
interest related to international affairs, tax reform,
government contracts, or otherwise: Now, therefore, be it:
Resolved. That the House of Representatives shall--
1. Immediately request the tax return information of Donald
J. Trump for tax years 2006 through 2015 for review in closed
executive session by the Committee on Ways and Means, as
provided under Section 6103 of the Internal Revenue Code, and
vote to report the information therein to the full House of
Representatives.
2. Support transparency in government and the longstanding
tradition of Presidents and Presidential candidates
disclosing their tax returns.
The SPEAKER pro tempore. The Chair will now recognize the gentlewoman
from California to offer the resolution just noticed. Does the
gentlewoman offer the resolution?
Ms. ESHOO. I do, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:
Resolution
Expressing the sense of the House of Representatives that
the President shall immediately disclose his tax return
information to Congress and the American people.
Whereas, in the United States' system of checks and
balances, Congress has a responsibility to hold the Executive
Branch of government to the highest standard of transparency
to ensure the public interest is placed first;
Whereas, according to the Tax History Project, every
President since Gerald Ford has disclosed their tax return
information to the public;
Whereas, tax returns provide an important baseline
disclosure because they contain highly instructive
information including whether the candidate paid taxes, what
they own, what they have borrowed and from whom, whether they
have made any charitable donations, and whether they have
taken advantage of tax loopholes;
Whereas, disclosure of the President's tax returns could
help those investigating Russian influence in the 2016
election understand the President's financial ties to the
Russian Federation and Russian citizens, including debts owed
and whether he shares any partnership interests, equity
interests, joint ventures or licensing agreements with Russia
or Russians;
Whereas, the New York Times has reported that President
Trump's close senior advisers, including Carter Page, Paul
Manafort, Roger Stone, and General Michael Flynn, have been
under investigation by the Federal Bureau of Investigation
for their ties to the Russian Federation;
Whereas, Russian Deputy Foreign Minister Sergei Ryabkov
told Interfax, a Russian media outlet, on November 10, 2016
that ``there were contacts'' with Donald Trump's 2016
campaign, and it has been reported that members of President
Trump's inner circle were in contact with senior Russian
officials throughout the 2016 campaign;
Whereas, according to his 2016 candidate filing with the
Federal Election Commission, the President has 564 financial
positions in companies located in the United States and
around the world;
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 director of the nonpartisan Office of
Government Ethics said that the President's plan to transfer
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, the Emoluments Clause was included in the U.S.
Constitution for the express purpose of preventing federal
officials from accepting any ``present, Emolument, Office, or
Title . . . from any King, Prince, or foreign state'';
Whereas, according to the Washington Post, the Trump
International Hotel in Washington, D.C. has hired a
``director of diplomatic sales'' to generate high-priced
business among foreign leaders and diplomatic delegations;
Whereas, according to Reuters, the Trump International
Hotel could receive up to $60,000 from the Kuwaiti government
for a party it held at the Hotel on February 22, 2017.
Whereas, according to the New York Times, the President
used a legally dubious tax maneuver in 1995 that could have
allowed him to avoid paying federal taxes for 18 years;
Whereas, the most signed petition on the White House
website calls for the release of the President's tax return
information to verify compliance with the Emoluments Clause,
with 1 million, 78 thousand signatures as of the date of this
resolution;
Whereas, the Chairmen of the Ways and Means Committee,
Joint Committee on Taxation, and Senate Finance Committee
have the authority to request the President's tax returns
under Section 6103 of the tax code;
Whereas, the Joint Committee on Taxation reviewed the tax
returns of President Richard Nixon in 1974 and made the
information public;
Whereas, the Ways and Means Committee used IRC 6103
authority in 2014 to make public the confidential tax
information of 51 taxpayers;
Whereas, the American people have the right to know whether
or not their President is operating under conflicts of
interest related to international affairs, tax reform,
government contracts, or otherwise: Now, therefore, be it:
Resolved, That the House of Representatives shall--
1. Immediately request the tax return information of Donald
J. Trump for tax years 2006 through 2015 for review in closed
executive session by the Committee on Ways and Means, as
provided under Section 6103 of the Internal Revenue Code, and
vote to report
[[Page H1573]]
the information therein to the full House of Representatives
2. Support transparency in government and the longstanding
tradition of Presidents and Presidential candidates
disclosing their tax returns.
The SPEAKER pro tempore. Does the gentlewoman from California wish to
present argument on the parliamentary question whether the resolution
presents a question of the privileges of the House?
Ms. ESHOO. I do, Mr. Speaker.
The SPEAKER pro tempore. The gentlewoman from California is
recognized.
Ms. ESHOO. Mr. Speaker, under clause 1 of rule IX, questions of the
privilege of the House are ``those affecting the rights of the House
collectively, its safety, dignity, and the integrity of its
proceedings.''
I believe the dignity and the integrity of the House are put at risk
when this body refuses to exercise its statutory authority and
constitutional obligation to operate as a check on the executive
branch.
Under section 6103 of the Internal Revenue Code, three congressional
committees have jurisdiction to request tax returns: House Ways and
Means, Senate Finance, and the Joint Committee on Taxation.
This authority was placed in the Tax Code by Congress in 1924 to
allow for full investigations of several scandals in the Harding
administration, including the Teapot Dome bribery scandal. Section 6103
was the subject of considerable debate in this Chamber, but,
ultimately, Congress passed it in order to provide an important
investigatory check on the executive branch.
In 1974, section 6103 authority was used by the members of the Joint
Committee on Taxation to publish a staff report on President Nixon's
tax returns revealing that he owed nearly a half a million dollars in
back taxes. Today, I worry that we are rapidly approaching a scandal of
a similar magnitude to these previous events.
Since we voted on a similar resolution last week, the Attorney
General and other senior administration officials have admitted that
they met with Russian officials during the campaign and the transition
period. This comes after the campaign and unequivocally last year
saying that there was ``no communications between the campaign and any
foreign entity during the campaign.''
The SPEAKER pro tempore. The gentlewoman will suspend.
The gentlewoman is reminded that she must confine her remarks to the
parliamentary question of whether the resolution qualifies under rule
IX.
Ms. ESHOO. Mr. Speaker, I understand, and I am working to establish
that case.
The SPEAKER pro tempore. The gentlewoman will confine her remarks to
that question or the Chair will be prepared to rule.
Ms. ESHOO. Further reports about the President's potential conflicts
of interest suggest that the House should exercise its oversight
authority immediately, including massive foreign payments to the
President's hotels and prior business deals with foreign oligarchs
around the world. The only way to determine whether these dealings
represent----
The SPEAKER pro tempore. The gentlewoman will suspend.
Does the gentlewoman wish to present an argument as to whether the
resolution qualifies under rule IX?
The Chair has been patient. The gentlewoman must confine her remarks
to make that argument. If not, the Chair is prepared to rule.
The gentlewoman from California is recognized.
Ms. ESHOO. Mr. Speaker, I am attempting to set forward the question
of the privileges of the House on a privileged resolution, and this is
a part of it.
I believe the only way to determine whether these dealings represent
violations of the Emoluments Clause of the Constitution is by fully
examining the President's tax records.
Contrary to the Chair's ruling last Monday, there is no direct
precedent in section 706 of the House Practice manual for the situation
because the current situation is unprecedented. The President's
business empire makes him more susceptible to conflicts of interest
than any President in our history.
The SPEAKER pro tempore. The gentlewoman is no longer recognized.
The Chair is prepared to rule on the question.
The gentlewoman from California seeks to offer a resolution as a
question of the privileges of the House under rule IX.
As the Chair ruled on February 27, 2017, and as demonstrated by
section 706 of the House Rules and Manual, a resolution directing a
committee to meet and conduct certain business does not qualify as a
question of the privileges of the House.
The resolution offered by the gentlewoman from California directs the
Committee on Ways and Means to meet and consider an item of business
under the procedures set forth in 26 U.S. Code 6103. Accordingly, the
resolution does not qualify as a question of the privileges of the
House.
Ms. ESHOO. Mr. Speaker, I appeal the ruling of the Chair.
The SPEAKER pro tempore. The question is: Shall the decision of the
Chair stand as the judgment of the House?
Motion to Table
Mr. McCARTHY. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. McCarthy moves that the appeal be laid on the table.
The SPEAKER pro tempore. The question is on the motion to lay the
appeal on the table.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Ms. ESHOO. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on tabling the appeal will be followed by a 5-minute vote
on suspending the rules and passing H.R. 375, if ordered.
The vote was taken by electronic device, and there were--ayes 227,
noes 186, answered ``present'' 1, not voting 15, as follows:
[Roll No. 128]
AYES--227
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Newhouse
Noem
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Trott
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
[[Page H1574]]
NOES--186
Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Conyers
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty
Evans
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Hanabusa
Hastings
Heck
Higgins (NY)
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sires
Slaughter
Smith (WA)
Soto
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
ANSWERED ``PRESENT''--1
Sanford
NOT VOTING--15
Blumenauer
Cleaver
Culberson
Garrett
Gutierrez
Hill
Himes
Jenkins (KS)
Rohrabacher
Rush
Smith (NE)
Speier
Tipton
Titus
Valadao
{time} 1929
Mr. GONZALEZ of Texas changed his vote from ``aye'' to ``no.''
Messrs. ROKITA and LaHOOD changed their vote from ``no'' to ``aye.''
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________