[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.
____________________