[Congressional Record Volume 163, Number 90 (Wednesday, May 24, 2017)]
[House]
[Pages H4523-H4525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Ms. SANCHEZ. Mr. Speaker, I rise to a question of the privileges of 
the House and offer a resolution previously noticed.

[[Page H4524]]

  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

       Expressing the sense of the House of Representatives that 
     the President shall immediately release 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 a fair and equal standard of 
     transparency ensuring 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 of 
     reasonable information including whether the President paid 
     taxes, ownership interests, charitable donations made, and 
     whether tax deductions have been exploited;
       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 President recently fired Federal Bureau of 
     Investigation Director James Comey, under whose leadership 
     the FBI was investigating whether the Trump campaign colluded 
     with Russia to influence the 2016 election;
       Whereas, President Trump reportedly stated to Russian 
     officials during a White House meeting that he fired Director 
     Comey to ease pressure on the ongoing investigation of 
     Russia's influence in the 2016 election;
       Whereas, Senate Russia investigators have requested 
     information from the Treasury Department's criminal 
     investigation division, the Financial Crimes Enforcement 
     Network, or FinCEN, which handles cases of money laundering, 
     for information related to President Trump, his top officials 
     and campaign aides. FinCEN has been investigating allegations 
     of foreign money-laundering through purchases of U.S. real 
     estate;
       Whereas, the President's tax returns would show us whether 
     he has foreign bank accounts and how much profit he receives 
     from his ownership in myriad partnerships;
       Whereas, Donald Trump Jr. said the Trump Organization saw 
     money ``pouring in from Russia'' and that ``Russians make up 
     a pretty disproportionate cross-section of a lot of our 
     assets.''
       Whereas, the White House will not confirm whether the 
     President has filed a 2016 tax return;
       Whereas, Congress gave itself the authority to review an 
     individual's tax returns to investigate and reveal possible 
     conflicts of interest of executive branch officials involved 
     dating back to the Teapot Dome scandal.
       Whereas, it has been reported that federal prosecutors have 
     issued grand jury subpoenas to associates of former National 
     Security Advisor Michael Flynn seeking business records as 
     part of the ongoing probe into Russian involvement in the 
     2016 election;
       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; and can still 
     withdraw funds at any time from the trust of which he is the 
     sole beneficiary;
       Whereas, the Emoluments Clause was included in the U.S. 
     Constitution for the express purpose of preventing federa1 
     officials from accepting any ``present, Emolument, Office, or 
     Title . . . from any King, Prince, or foreign state'';
       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 Director Comey has testified that tax returns are a 
     common tool in investigations because they can show income 
     and motives;
       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.

                              {time}  1300

  The SPEAKER pro tempore. Does the gentlewoman from California wish to 
present argument on the parliamentary question of whether the 
resolution presents a question of the privileges of the House?
  Ms. SANCHEZ. I do, Mr. Speaker.
  The SPEAKER pro tempore. The gentlewoman from California is 
recognized.
  Ms. SANCHEZ. Mr. Speaker, under clause 1 of rule IX, 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 believe that the dignity of this institution is at risk 
each day that passes without this body exercising its statutory 
authority and constitutional duty to operate as a coequal branch of 
government.
  The legislative branch of government has the responsibility and 
authority to keep a proper check on the executive branch under section 
6103 of the Internal Revenue Code. Specifically, three committees have 
jurisdiction to request tax returns: the Committee on Ways and Means, 
the Senate Finance Committee, and the Joint Committee on Taxation. This 
provision has been part of our Federal Tax Code since 1924 to 
facilitate full and complete investigations into scandals that rise to 
the level of national importance.
  Nothing could rise to the level of national importance like the 
possible financial entanglements our President may have with Russian 
entities and individuals. This situation is truly unprecedented. It is 
our sworn duty to uphold the integrity of this institution and examine 
all the relevant details related to this issue.
  Each week we see yet another fact in the growing case of 
entanglements between our President, his campaign and closest advisers, 
and Russian officials. The most recent troubling report occurred just 
last week when we learned that the President himself reportedly made 
statements directly to Russian officials during an Oval Office meeting 
regarding the FBI investigation into his campaign ties with Russia. 
This is the same meeting where the President took it upon himself to 
reveal highly classified information to Russian officials.
  How long can this body allow these types of actions to go unchecked?
  The SPEAKER pro tempore. The gentlewoman is reminded the remarks must 
be confined to the question of order.
  Ms. SANCHEZ. I understand, Mr. Speaker. I promise that they relate to 
the question at issue.
  Mr. Speaker, further, the American people deserve to know if 
President Trump has exploited the Federal Tax Code for improper 
personal gain.
  The personal business endeavors of the leader of the free world 
should be exercised to the highest possible standard. Specifically, the 
President's business dealings around the world make him more prone to 
potential conflicts of interest than any President in history. However, 
the President did not take adequate steps to mitigate any potential 
issues. He was advised by the Office of Government Ethics to divest 
himself of his business entanglements. The President chose to ignore 
this sound advice.
  It is now the duty of this body to restore integrity to the oversight 
process. Our democracy should be an example to the world. Today we have 
the opportunity to ensure that it is achieved through taking up this 
overdue investigation. It is only then we can restore the dignity and 
integrity of the House through exercise of our constitutional duty.
  For these reasons, this resolution raises a question of the 
privileges of the House and should be allowed a vote.
  Mr. Speaker, I yield back.
  The SPEAKER pro tempore. The gentlewoman from California seeks to 
offer a resolution as a question of the privileges of the House under 
rule IX.
  As the Chair most recently ruled on May 17, 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.
  Ms. SANCHEZ. Mr. Speaker, I appeal the ruling of the Chair.

[[Page H4525]]

  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?


                            Motion to Table

  Mr. BUCK. 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. Buck 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.
  Ms. SANCHEZ. 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 5-minute votes 
on:
  Ordering the previous question on House Resolution 352;
  Adopting House Resolution 352, if ordered;
  Suspending the rules and passing H.R. 2052; and
  Suspending the rules and passing H.R. 467.
  The vote was taken by electronic device, and there were--yeas 225, 
nays 187, answered ``present'' 1, not voting 17, as follows:

                             [Roll No. 274]

                               YEAS--225

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bergman
     Biggs
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Buchanan
     Buck
     Bucshon
     Budd
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Cheney
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Estes (KS)
     Farenthold
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gaetz
     Gallagher
     Garrett
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     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)
     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
     Love
     Lucas
     Luetkemeyer
     MacArthur
     Marchant
     Marino
     Marshall
     Massie
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Murphy (PA)
     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)
     Rohrabacher
     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
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smucker
     Stefanik
     Stewart
     Stivers
     Taylor
     Tenney
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     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

                               NAYS--187

     Adams
     Aguilar
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Blumenauer
     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
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crowley
     Cuellar
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gonzalez (TX)
     Gottheimer
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     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
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham, M.
     Lujan, Ben Ray
     Lynch
     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
     Rush
     Ryan (OH)
     Sanchez
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Soto
     Speier
     Suozzi
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Veasey
     Vela
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Yarmuth

                        ANSWERED ``PRESENT''--1

       
     Sanford
       

                             NOT VOTING--17

     Bishop (GA)
     Black
     Brooks (IN)
     Burgess
     Cummings
     Ellison
     Graves (LA)
     Johnson (OH)
     Johnson, Sam
     Loudermilk
     Maloney, Carolyn B.
     McSally
     Newhouse
     Sinema
     Swalwell (CA)
     Thompson (PA)
     Velazquez

                              {time}  1331

  Mr. SEAN PATRICK MALONEY of New York changed his vote from ``yea'' to 
``nay.''
  Mr. SHUSTER changed his vote from ``nay'' to ``yea.''
  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.
  Stated for:
  Mrs. BROOKS of Indiana. Mr. Speaker, I was unavoidably detained. Had 
I been present, I would have voted ``yea'' on rollcall No. 274.
  Stated against:
  Ms. SINEMA. Mr. Speaker, I was unavoidably detained. Had I been 
present, I would have voted ``nay'' on rollcall No. 274.

                          ____________________