[Congressional Record Volume 163, Number 122 (Wednesday, July 19, 2017)]
[House]
[Pages H5997-H5999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. CICILLINE. Mr. Speaker, I rise to a question of the privileges of
the House and offer the resolution that was previously noticed.
The SPEAKER pro tempore (Mr. Collins of Georgia). The Clerk will
report the resolution.
The Clerk read as follows:
Expressing the sense of the House of Representatives that
the President shall immediately disclose his tax return
information to the House of Representatives and the American
people.
Whereas, according to the Tax History Project, every
President since Gerald Ford has disclosed his tax return
information to the public;
Whereas, the chairmen of the Committee on Ways and Means,
Joint Committee on Taxation, and the Committee on Finance
have the authority to request the President's tax returns
under section 6103 of the Internal Revenue Code of 1986;
Whereas, pursuant to Article I, section 7, clause 1 of the
Constitution, often referred to as the Origination Clause,
the House of Representatives has the sole authority to
initiate legislation that raises revenue for the national
government, and the Committee on Ways and Means is
considering a comprehensive reform of the Tax Code;
Whereas, President Donald J. Trump holds interests as the
sole or principal owner in approximately 500 separate
business entities, and the President's tax plan proposes to
cut the corporate tax from 35 percent to 15 percent,
applicable to many of these entities;
Whereas, against the advice of ethics attorneys and the
nonpartisan Office of Government Ethics, the President has
refused to divest his ownership stake in his businesses, has
instead placed his assets in a trust which is run by his
adult children, and the President can withdraw profits from
his trust at any time of his choosing from any of the
companies he owns;
Whereas, the Director of the Office of Government Ethics,
Walter Shaub, resigned on July 6, 2017, stating that ``There
isn't much more I could accomplish at the Office of
Government Ethics, given the current situation. O.G.E.'s
recent experiences have made it clear that the ethics program
needs to be strengthened'';
Whereas, according to media reports analyzing President
Trump's leaked 2005 tax return, had his own tax plan been in
place, he would have paid an estimated 3.48 percent rate
instead of a 24 percent rate, saving him $31.3 million in
that year alone;
Whereas, without access to the President's tax returns, the
American people cannot determine how much he will personally
benefit from proposed changes to the Tax Code or from policy
decisions he makes, nor can the American people fully
understand the financial interests and motivations of the
President;
Whereas, in June 2017, President Trump filed an updated
financial disclosure with the Office of Government Ethics
which showed that the President reported $37.2 million income
from the Mar-a-Lago resort between January 2016 and April
2017 where he hosted the President of China and from where he
ordered missile strikes against Syria;
Whereas, during the same time period, President Trump
reported $288 million in income from all his golf courses,
including $19.7 million from his course in Bedminister, New
Jersey;
Whereas, over the weekend of July 14, President Trump sent
out eight tweets promoting the U.S. Women's Open Golf
Tournament which took place at his Bedminister club;
Whereas, Mar-a-Lago doubled its new member fees to $200,000
immediately following the 2016 election, and President Trump
personally benefits from such new member fees;
Whereas, disclosure of the President's tax returns would
help those investigating Russian interference in the 2016
election and assist them in better understanding the
President's financial ties to the Russian Federation, Russian
businesses, and Russian individuals;
Whereas, in 2013, President Trump said, ``Well, I've done a
lot of business with the Russians. They're smart and they're
tough,'' and President Trump's son, Donald Trump, Jr., told a
news outlet in 2008 that ``Russians make up a pretty
disproportionate cross-section of a lot of our assets'';
Whereas, President Trump fired Federal Bureau of
Investigation Director James Comey, who was overseeing an
investigation into ties and any collusion between the Russian
Government and President Trump's campaign;
Whereas, former Director Comey testified before the Senate
Intelligence Committee that President Trump asked him to
``let go'' of an investigation into former National Security
Advisor Michael Flynn's business ties to Russia;
Whereas, President Trump stated on May 11, 2017, that he
had decided that he was going to fire Comey because of ``this
Russia thing'';
Whereas, at the G-20 Hamburg summit on July 7, 2017,
President Trump took a more than 2 hour closed-door meeting
with President Vladimir Putin, after which he claimed that he
``strongly pressed'' President Putin on Russian interference
in U.S. elections and that it is ``time to move forward'';
Whereas, on June 9, 2016, then-Candidate Trump's son,
Donald Trump, Jr., then-Trump campaign chairman Paul
Manafort, and Trump son-in-law and current White House
adviser Jared Kushner met with a person described as ``a
Russian government attorney,'' and a former Russian military
intelligence officer who promised to offer incriminating
information about Hillary Clinton which had been collected as
part of a Russian Government effort to assist President Trump
in his campaign for President;
Whereas, the Committee on Ways and Means has in the past
used the authority under section 6103 of the Internal Revenue
Code of 1986 in 2014 to make public the confidential tax
information of 51 taxpayers;
Whereas, the Committee on Ways and Means has now voted
three times along party lines to continue to conceal
President Trump's tax returns;
Whereas, the House of Representatives has now refused ten
times to act on President Trump's tax returns;
Whereas, the Committee on the Judiciary has failed to
conduct even basic oversight on the connections between the
Russian Government and the Trump campaign;
Whereas, the Committee on the Judiciary has now voted twice
along party lines to decline to request documents detailing
the Trump administration's ties with Russian officials;
Whereas, the House of Representatives undermines its
dignity and the integrity of its proceedings by continuing
the cover-up of President Trump's tax returns: Now,
therefore, be it
Resolved, That the House of Representatives shall--
1. Immediately request the tax return and return
information of Donald J. Trump for tax years 2006 through
2015, as provided under section 6103 of the Internal Revenue
Code of 1986, as well as the tax return, and return
information with respect to the President's businesses, of
each business entity disclosed by Donald J. Trump on his
Office of Government Ethics Form 278e, specifically each
corporation and each partnership, within the meaning of
subchapter K of chapter 1 of the Internal Revenue Code of
1986, where he is listed as an officer, director, or
equivalent, or exercises working control; and
2. Postpone consideration of tax reform legislation until
the elected Representatives of the American people in this
House have obtained President Trump's tax returns and return
information to ascertain how any changes to the Tax Code
might financially benefit the President.
{time} 1330
The SPEAKER pro tempore. Does the gentleman from Rhode Island wish to
present argument on the parliamentary question of whether the
resolution
[[Page H5998]]
presents a question of the privileges of the House?
Mr. CICILLINE. Yes.
The SPEAKER pro tempore. The gentleman is recognized on the question
of order.
Mr. CICILLINE. Mr. Speaker, this resolution raises the question of
the privilege of the House pursuant to rule IX, clause 1, as it
affects, ``the rights of the House collectively, its dignity, and the
integrity of its proceedings,'' insofar as it raises the House's
failure to undertake its constitutional responsibility of oversight and
the obligation of all elected officials to ensure decisions are made
free of conflicts and with the public interest in mind.
In particular, matters related to the House's constitutionally
granted powers have been recognized as valid questions of the
privileges of the House. The Origination Clause that requires that
revenue bills originate in the House includes the issues related to
revenues generated by our Tax Code.
Clearly, the issues raised by this resolution cover these matters
contemplated by the Origination Clause. There is nothing more of a
threat to the integrity of the House than ignoring our duty to provide
a check and balance to 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 they deserve.
The stunning conflicts of interest are piling up as the President,
his family, and his friends profit in their personal business endeavors
while serving in public office. President Trump has not divested
himself from his businesses as was recommended.
The SPEAKER pro tempore. The gentleman's remarks must be confined to
the question of order.
Mr. CICILLINE. I understand, Mr. Speaker. My point is, in order to
rule on this, it is important for the Chair to understand that the
severity of the questions with respect to the integrity of our
proceedings are undermined because of the potential conflicts of
interest and the lack of information about the tax returns and related
materials of the President.
So you can't make an argument about the rights of the House
collectively, its dignity, and the integrity of the proceedings without
understanding the presence, the evidence of the conflicts of interest,
of the potential foreign entanglements, of the self-dealing that tax
returns would reveal and help illuminate.
You also can't protect the integrity of our responsibilities as a
check on the executive branch without understanding that we have a
responsibility to examine these financial interactions, the influence
of the Russians, and interfering with our elections, the firing of
Director Comey, the secret meetings between the President's campaign.
The SPEAKER pro tempore. The gentleman is again reminded to keep his
remarks confined to the question of order.
Mr. CICILLINE. Mr. Speaker, I understand the ruling of the Chair with
respect to confining my remarks. These remarks, in fact, relate
directly to whether or not this resolution, which seeks the production
of the President's tax returns, relate to ``the rights of the House
collectively, its dignity, and the integrity of the proceedings.''
What I am suggesting, Mr. Speaker, is that in order for the House to
fulfill its responsibilities, its constitutional responsibilities of
oversight, and check and balance on the executive branch and to
faithfully honor our responsibilities under the Origination Clause that
says the House is the place that revenue generation must begin--and we
are contemplating a reform of the Tax Code--in order to do that, free
from the potential conflicts of interest, the House and the American
people have a right to know what are the real interests of President
Trump, where are his investments, what are the tax policies, will they
benefit him, or will they benefit the American people.
The SPEAKER pro tempore. The Chair reminds the gentleman to confine
his remarks to the question of order. The Chair is prepared to rule.
The gentleman from Rhode Island seeks to offer a resolution as a
question of the privileges of the House under rule IX.
In evaluating the resolution under rule IX, the Chair must determine
whether the resolution affects ``the rights of the House collectively,
its safety, dignity, and the integrity of its proceedings.''
The first resolving clause of the resolution offered by the gentleman
from Rhode Island seeks tax returns and tax return information of the
President and certain of his business entities.
Section 702 of the House Rules and Manual states that ``rule IX is
concerned not with the privileges of the Congress, as a legislative
branch, but only with the privileges of the House, as a House.''
As the Chair most recently ruled on June 21, 2017, a resolution
offered under rule IX seeking information from actors entirely
extramural to the House--such as the President and certain business
entities in which the President may be involved--is not uniquely
concerned with the privileges of the House, as a House.
Accordingly, the resolution offered by the gentleman from Rhode
Island does not constitute a question of privilege under rule IX.
Mr. CICILLINE. 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
Ms. CHENEY. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Ms. Cheney 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. CICILLINE. 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 454;
Adopting House Resolution 454, if ordered; and
Agreeing to the Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 235,
nays 190, answered ``present'' 1, not voting 7, as follows:
[Roll No. 392]
YEAS--235
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
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
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
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)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
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
Norman
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
[[Page H5999]]
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
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--190
Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
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.
Ellison
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
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
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
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
Sinema
Sires
Slaughter
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
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--7
Cummings
Gomez
Huffman
Labrador
McEachin
Napolitano
Scalise
{time} 1401
Ms. KAPTUR, Messrs. WELCH and PETERSON changed their vote from
``yea'' to ``nay.''
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.
____________________