[Congressional Record Volume 163, Number 45 (Wednesday, March 15, 2017)]
[House]
[Pages H2068-H2071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. CROWLEY. 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.
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.
Mr. Speaker, it is worth expressing, once again.
Expressing the sense of the House of Representatives, the President
shall immediately disclose his tax return information to Congress and
the American people.
I want to thank Mr. Pascrell from the Ways and Means Committee for
leading this issue in that committee and here on the floor, as well as
Anna Eshoo from the Energy and Commerce Committee, and more to come in
the weeks to come.
The SPEAKER pro tempore. The gentleman from New York is recognized
only to give notice.
Mr. CROWLEY. Mr. Speaker, the form of the remainder of the resolution
is as follows:
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 after
Richard Nixon 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, it has been 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 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, 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, 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, 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 public still does not have a thorough understanding of
the influences and conflicts President Trump has due to his various
foreign and domestic business interests;
Whereas, on January 30, 2017, President Trump publicly issued an
executive order announcing that pipeline makers in the U.S. must use
American-made steel in their projects;
Whereas, on March 3, 2017, President Trump quietly reversed himself,
issuing an order allowing the steel for the Keystone pipeline to be
imported from foreign countries;
Whereas, without direct knowledge on the conflicts this President has
due to his business interests, he could be advancing policies that
create an uneven playing field for working Americans;
Whereas, the public should be able to examine his business interests,
relationships, and conflicts to ensure that all policies put forward by
the Trump administration solely benefit the American public and not his
corporate business partners;
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 1,082,000 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:
[[Page H2069]]
One, 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;
Two, 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 gentleman
from New York to offer the resolution just noticed.
Does the gentleman offer the resolution?
Mr. CROWLEY. Mr. Speaker, I offer my resolution.
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 after Richard Nixon 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, it has been 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 Intertfax, 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, 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, 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, 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 public still does not have a thorough
understanding of the influences and conflicts President Trump
has due to his various foreign and domestic business
interests;
Whereas on January 30, 2017 President Trump publicly issued
an executive order announcing that pipeline makers in the US
must use American-made steel in their projects;
Whereas on March 3, 2017 President Trump quietly reversed
himself, issuing an order allowing the steel for the Keystone
Pipeline to be imported from foreign countries;
Whereas without direct knowledge on the conflicts this
President has due to his business interests, he could be
advancing policies that create an uneven playing field for
working Americans;
Whereas the public should be able to examine his business
interests, relationships, and conflicts to ensure that all
policies put forward by the Trump Administration solely
benefit the American public and not his corporate business
partners;
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, 82 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. Does the gentleman from New York wish to
present argument on the parliamentary question whether the resolution
presents a question of the privileges of the House?
Mr. CROWLEY. Yes, Mr. Speaker, I do.
The SPEAKER pro tempore. The gentleman from New York is recognized.
Mr. CROWLEY. Mr. Speaker, under rule IX, clause 1, questions of the
privileges of the House are ``those affecting the rights of the House
collectively, its safety, dignity, and the integrity of its
proceedings.''
I would argue there is nothing more of a threat to the integrity of
the House of Representatives than ignoring our duty to provide a check
and balance, as our Founders expected of us, of the executive branch.
To restore the dignity of the House, we must use our authority to
request President Trump's tax returns and give the American people the
transparency that they deserve.
The American people know full well the scope of the President's
financial background, as related by television and the media; but they
don't know the details.
Article I, section 9 of the Constitution includes a clause
prohibiting foreign emoluments to the President. The Office of
Government Ethics has warned us about the President's decision not to
divest or set up a blind trust, and there is a need to fully understand
the President's ties to Russia.
Mr. Speaker, we are seeing the President saying one thing, such as
mandating the use of American-made steel on American pipelines, then
quietly reversing himself to allow the use of foreign-made steel on the
Keystone Pipeline, which is being built by a Canadian company.
The resolution I am offering can provide the transparency to help
ease the concerns of Americans in every corner of our country. The
Internal Revenue Code includes language laying out a path for the Ways
and Means Committee to obtain the tax returns and review them in a
respectful way. There is the precedent that I have stated earlier that
provides for this to be used.
A growing number of Members and Senators from both parties have been
saying we should have the President's tax returns. One of those is
Congressman Steve Knight of California who announced to his
constituents that the President's tax returns should be made public, so
I look forward to his support of this resolution.
The House must demonstrate that its Members are listening to our
constituents' concerns. The House must demonstrate that it cares about
protecting the integrity of the House, of our government, of our
Constitution, of our system of checks and balances. Let's shine a
bright light on the President's conflicts together.
We, as the elected Representatives of our constituents and the
broader American public, can judge whether his decisions are being made
for himself,
[[Page H2070]]
his business, or for the greater good of the American people.
At the end of the day, if President Trump has nothing to hide, then
he should be willing to do what every President since Richard Nixon has
done, and that is, release his tax returns.
The SPEAKER pro tempore. The Chair would remind the gentleman from
New York that the question is on, and his remarks must be confined to,
the question of privilege.
Mr. CROWLEY. Mr. Speaker, I think I have been toeing that line very
closely.
The SPEAKER pro tempore. A little bit over it.
Mr. CROWLEY. At the very least, even if he continues to hide behind
the phony excuse of being under audit, he should release tax returns
for 2016 as those are not under audit.
Mr. Speaker, this resolution is not about partisanship. It is about
America.
No, you are not listening to your constituents, my colleagues. It is
about America, my colleagues. They want to see these tax returns.
The American people expect more from the promise than heckling back
and forth. They expect their Representatives from both sides of the
aisles to demand these tax returns.
The SPEAKER pro tempore. The gentleman will suspend.
The gentleman from New York must keep his remarks confined to the
question of the privileges of the House.
Mr. CROWLEY. I appreciate that, Mr. Speaker.
It is about America, Mr. Speaker.
I yield back the balance of my time.
The SPEAKER pro tempore. For what purpose does the gentleman from New
Jersey seek recognition?
Does the gentleman wish to be heard on the question of privilege and
on the question of privilege only?
Mr. PASCRELL. Yes, Mr. Speaker.
The SPEAKER pro tempore. That is the question before the House.
Mr. PASCRELL. I want to thank the gentleman from New York (Mr.
Crowley).
Mr. Speaker, Mr. Crowley cited the very source of what our proposal
is, and that is, section 6103, and, particularly section 6103(f), of
the Tax Code of the United States of America, which has been part of
the Tax Code since 1924.
Mr. Speaker, this is a wonderful part of the Tax Code. Take my word
for it. And it has been a wonderful part of the Tax Code since 1924.
It is very clear the main argument against this proposal, this
resolution, has been over the last several weeks that this is an
administrative part of the Tax Code. I would submit to you, Mr.
Speaker, that this is not simply arranging the deck chairs on the
Titanic. This has to do with all of us. This has to do with what we put
in to our tax files when we submit them to the IRS.
There is real authority when you read this section, Mr. Speaker. I
can assure you I will not read it. That will be for another time. But I
can assure you it is very specific and goes beyond administrative
authority. We are talking about apparitional authority.
We are talking about that three different committees in the House and
the Senate can call on anybody with due cause to have them submit their
tax returns.
By the way, when you look at why section 6103 was put into the Tax
Code in 1924, as a result of one of the greatest scandals in the 20th
century, then you understand it was not just meant as an administrative
situation.
Now, Mr. Speaker, we believe that it is imperative for the public to
know and understand how such tax reform that we are about to go into
pretty soon will benefit the President of the United States.
The SPEAKER pro tempore. The gentleman's remarks must be confined to
the question of privilege.
Mr. PASCRELL. I am talking right to the resolution, Mr. Speaker.
The SPEAKER pro tempore. The gentleman's remarks must be confined to
the question of whether the resolution presents a privilege of the
House.
Mr. PASCRELL. Well, we are talking about the present President, our
President of the United States.
The SPEAKER pro tempore. The question is whether the resolution
presents a question of privilege, and the gentleman must confine his
remarks to that debate.
Mr. PASCRELL. We are talking about, as I said----
The SPEAKER pro tempore. The gentleman has not been recognized to
discuss the value or merit of the resolution. The gentleman has been
recognized only to argue whether it presents a privileged question to
the House.
Mr. PASCRELL. I believe it is a privileged question and resolution
that has been offered because it goes to the very integrity of the
House of Representatives, and I am a part of the House of
Representatives.
Now, our President had an infamous response----
The SPEAKER pro tempore. The gentleman's remarks must be confined to
the question of privilege.
Mr. PASCRELL. He said, when an allegation that he had paid no taxes,
he said----
The SPEAKER pro tempore. The Chair is prepared to rule.
The gentleman from New York 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 March 7, 2017, the
resolution directs the Committee on Ways and Means to meet and consider
an item of business under the procedures set forth in 26 U.S.C. 6103,
and, therefore, does not qualify as a question of the privileges of the
House.
Mr. CROWLEY. 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 table.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. CROWLEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to table will be followed by a 5-minute vote
on suspending the rules and passing H.R. 267, if ordered.
The vote was taken by electronic device, and there were--yeas 223,
nays 183, answered ``present'' 1, not voting 22, as follows:
[Roll No. 161]
YEAS--223
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Black
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)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Garrett
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)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jordan
Joyce (OH)
Katko
Kelly (MS)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marshall
Massie
Mast
McCarthy
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
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Rutherford
[[Page H2071]]
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
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
NAYS--183
Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Cummings
Davis (CA)
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty
Evans
Foster
Frankel (FL)
Gabbard
Gallego
Garamendi
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Himes
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
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
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
Sinema
Sires
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Wilson (FL)
Yarmuth
ANSWERED ``PRESENT''--1
Sanford
NOT VOTING--22
Blackburn
Brown (MD)
Cicilline
Collins (NY)
Davis, Danny
DesJarlais
Fudge
Higgins (NY)
Kelly (PA)
Loebsack
Marino
McCaul
Payne
Rohrabacher
Rooney, Thomas J.
Rush
Russell
Slaughter
Titus
Trott
Wagner
Welch
{time} 1947
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.
____________________