[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9968-H9969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONSIDERATION OF H.R. 9640, PRESIDENTIAL TAX FILINGS AND
AUDIT TRANSPARENCY ACT OF 2022; PROVIDING FOR CONSIDERATION OF S. 1942,
NATIONAL HERITAGE AREA ACT; AND FOR OTHER PURPOSES
Mr. McGOVERN. Madam Speaker, by direction of the Committee on Rules,
I call up House Resolution 1529 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
H. Res. 1529
Resolved, That upon adoption of this resolution it shall be
in order to consider in the House the bill (H.R. 9640) to
amend the Internal Revenue Code of 1986 to provide for
examination and disclosure with respect to Presidential
income tax returns. All points of order against consideration
of the bill are waived. The bill shall be considered as read.
All points of order against provisions in the bill are
waived. The previous question shall be considered as ordered
on the bill and on any amendment thereto to final passage
without intervening motion except: (1) one hour of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means or their
respective designees; and (2) one motion to recommit.
Sec. 2. Upon adoption of this resolution it shall be in
order to consider in the House the bill (S. 1942) to
standardize the designation of National Heritage Areas, and
for other purposes. All points of order against consideration
of the bill are waived. The bill shall be considered as read.
All points of order against provisions in the bill are
waived. The previous question shall be considered as ordered
on the bill and on any amendment thereto to final passage
without intervening motion except: (1) one hour of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Natural Resources or
their respective designees; and (2) one motion to commit.
Sec. 3. House Resolution 693 is hereby adopted.
Sec. 4. House Resolution 1434 is hereby adopted.
Sec. 5. (a) At any time through the legislative day of
Friday, December 23, 2022, the Speaker may entertain motions
offered by the Majority Leader or a designee that the House
suspend the rules as though under clause 1 of rule XV with
respect to multiple measures described in subsection (b), and
the Chair shall put the question on any such motion without
debate or intervening motion.
(b) A measure referred to in subsection (a) includes any
measure that was the object of a motion to suspend the rules
on the legislative day of December 21, 2022, December 22,
2022, or December 23, 2022, in the form as so offered, on
which the yeas and nays were ordered and further proceedings
postponed pursuant to clause 8 of rule XX.
(c) Upon the offering of a motion pursuant to subsection
(a) concerning multiple measures, the ordering of the yeas
and nays on postponed motions to suspend the rules with
respect to such measures is vacated to the end that all such
motions are considered as withdrawn.
Sec. 6. On any legislative day of the second session of
the One Hundred Seventeenth Congress after December 22, 2022,
the Journal of the proceedings of the previous day shall be
considered as approved.
Sec. 7. The Speaker may appoint Members to perform the
duties of the Chair for the duration of the period addressed
by section 6 of this resolution as though under clause 8(a)
of rule I.
Sec. 8. Each day during the period addressed by section 6
of this resolution shall not constitute a calendar day for
purposes of section 7 of the War Powers Resolution (50 U.S.C.
1546).
Sec. 9. Each day during the period addressed by section 6
of this resolution shall not constitute a legislative day for
purposes of clause 7 of rule XIII.
Sec. 10. Each day during the period addressed by section 6
of this resolution shall not constitute a calendar or
legislative day for purposes of clause 7(c)(1) of rule XXII.
The SPEAKER pro tempore. The gentleman from Massachusetts is
recognized for 1 hour.
Mr. McGOVERN. Madam Speaker, for the purpose of debate only, I yield
the customary 30 minutes to the gentlewoman from Minnesota (Mrs.
Fischbach), pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for the
purpose of debate only.
General Leave
Mr. McGOVERN. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. McGOVERN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the Rules Committee met and reported a rule, House
Resolution 1529, providing for consideration of H.R. 9640 under a
closed rule. The rule provides 1 hour of debate equally divided and
controlled by the chair and ranking minority member of the Committee on
Ways and Means and one motion to recommit.
The rule also provides for consideration of S. 1942 under a closed
rule. It provides 1 hour of debate equally divided and controlled by
the chair and ranking minority member of the Committee on Natural
Resources and one motion to recommit.
The rule deems as passed House Resolution 693 and House Resolution
1434. It also provides the majority leader or his designee the ability
to en bloc requested roll call votes on suspension bills considered on
December 21 through December 23.
Finally, the rule provides standard recess instructions starting
December 23 through the remainder of the 117th Congress.
Madam Speaker, it is a simple idea with profound implications, that
no person in this country, regardless of the position you hold or the
power you wield, is above the law, even perhaps especially the
President of the United States.
Today, we are considering H.R. 9640, the Presidential Tax Filings and
Audit Transparency Act of 2022 to ensure that the great power of the
Presidency is subject to proper oversight and public scrutiny.
Frankly, we are codifying into law something that I and many other
Americans thought was already happening, mandatory tax audits for the
most powerful person in the country, followed by public disclosure of
those taxes in the interest of transparency and public scrutiny.
Look, this is not about Donald Trump. In fact, the only person right
now who would be audited here is Joe Biden. This is about the simple
idea that with great power comes the need for oversight and
transparency.
The bill we are considering today, H.R. 9640, codifies this mandatory
audit program to give the American people faith that the President has
to follow the same rules as everyone else.
We are also considering S. 1942, the National Heritage Area Act.
America's 55 national heritage areas are some of the greatest cultural,
historical, natural treasures of the United States.
In Massachusetts, we are lucky to have two, the John H. Chafee
Blackstone River Valley National Heritage Corridor, which tells the
epic story of the birth of the industrial revolution in America and the
Last Green Valley National Heritage Corridor, which preserves natural
wonders and expansive forests and farmland within the Northeast
corridor.
The House version of this bill has overwhelming bipartisan support. I
am pleased to say that last night the Senate cleared their version for
our consideration. I thank the gentleman from New York (Mr. Tonko) and
the gentleman from West Virginia (Mr. McKinley) for their leadership on
this issue and for their work to make sure the Congress doesn't lose
sight of this bill before the end of the session.
Madam Speaker, I reserve the balance of my time.
Mrs. FISCHBACH. Madam Speaker, I thank the gentleman from
Massachusetts (Mr. McGovern), and the chair of the Rules Committee, for
yielding me the customary 30 minutes, and I yield myself such time as I
may consume.
Madam Speaker, we are here to discuss the rule providing for
consideration of H.R. 9640 and S. 1942, bills that we were notified of
less than 2 hours ago.
The process leading up to this debate has been not just unacceptable,
but beneath this body. It seems the leadership of this Congress is
determined to disappoint us right up to the bitter end.
S. 1942, the National Heritage Area Act, establishes a national
heritage area system, attempting to standardize
[[Page H9969]]
the process for studying and establishing new national heritage areas.
This bill could likely go by suspension and enjoy support from Members
on both sides of the aisle.
Why we are called to meet on this bill with less than 2 hours' notice
that could otherwise go by suspension is beyond me and is indicative of
how this majority has run this body for the last 2 years.
H.R. 9640 is a supposed discussion draft, or at least described as
such by my colleagues in the majority, but it was introduced today. Not
last week, not a month ago, not even yesterday. It was introduced
today.
The bill supposedly justifies a legislative purpose required by the
Democrats' year-long crusade to weaponize the IRS to punish a political
opponent. It requires the release of Presidential tax returns by the
IRS and requires audits of returns submitted by such Presidents.
And that supposed discussion? Yesterday, the Ways and Means Committee
met and went into executive session to meet on releasing a report on
the IRS' mandatory audit program.
During the executive session, Republicans were told repeatedly that
the chair would not permit any amendments to be offered on the report.
Even though the committee was in executive session for approximately 5
hours, the chair abruptly reversed course and told the Members that
amendments would be available about 10 minutes prior to the final vote
on making these documents public. This left Members without options to
draft and offer amendments with any notice.
Democrats included multiple attachments to this report, one being a
discussion draft of the bill we are considering today. Democrat staff
told Republican committee staff that no exception on this legislation
would be considered before the end of the year. And we learned this
supposed discussion draft would be coming to the floor in a statement
by Speaker Pelosi.
Of course, as is this leadership's custom, this bill had no hearing
and no markup. To put it generously, this process has been a disaster,
but it is unfortunate how my colleagues have run this institution.
I would also note that the rule today deems an unvetted and
controversial resolution that reaffirms Federal preemption of State
laws regarding mail order abortion pills. This has never been
mentioned, but it is in this rule. Whether this Federal preemption was
ever affirmed is questionable, but whether this resolution actually
speaks for the body should be debated on the floor, not snuck in
through legislative smoke and mirrors.
Meanwhile, constituents in my district are struggling under the
crippling effects of inflation, diesel shortages, an increasingly
emboldened regulatory state, and a Democrat majority that continues to
focus punishment on their political opponents instead of the needs of
Americans. This is a shameful use of our time, and I look forward to
next year.
Madam Speaker, I oppose the rule and ask Members to do the same. I
reserve the balance of my time.
{time} 1715
Mr. McGOVERN. Madam Speaker, I have no requests for time, I am
prepared to close, and I reserve the balance of my time.
Mrs. FISCHBACH. Madam Speaker, I yield myself the balance of my time.
From beginning to end, this Democratic leadership has been in
disarray. It is pathetic to see them do anything they can to discuss
their favorite former President one last time before losing the
majority.
The bills we are debating today have gone through none of the
required processes, and Republicans have been given no time to provide
input. They have also added things that are highly controversial with
no discussion.
This is just the death throes of the Trump-obsessed soon-to-be
minority. I oppose this rule, and I urge my colleagues to do the same.
Madam Speaker, I yield back the balance of my time.
Mr. McGOVERN. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, as I said previously, S. 1942, the National Heritage
Area Act should have been able to pass under suspension. It passed
under a UC in the Senate. It is a straightforward bill. But the bottom
line is that noncontroversial, bipartisan, bicameral bills that are
brought under suspension oftentimes get defeated because my friends on
the other side engage in some sort of a tantrum.
We have just witnessed on the floor a series of suspensions that will
get overwhelming support when members of their Freedom Caucus are
demanding votes where bills will pass unanimously or maybe two
contrarians on their side will vote ``no.'' A total waste of time.
So, yes, we are bringing this National Heritage Area Act to the floor
under a rule because it is important, and we want to get it passed.
That is why we are utilizing this process.
On H.R. 9460, the Presidential Tax Filing and Audit Transparency Act,
this is about codifying something that, frankly, we all thought was
happening already: the mandatory audit of Presidential taxes.
The President of the United States is the leader of the free world,
the most powerful person on this planet. The people of this country
deserve to know what is in his or her taxes. If you don't want people
to know what is in your taxes, it is simple: Don't run for President.
This isn't about party politics. It isn't about Democrats versus
Republicans, and it isn't about Donald Trump. In fact, the only person
who would be audited as a result of this bill would be Joe Biden,
unless of course, my colleagues plan to use their new majority to once
again try to overturn the 2020 election and reinstate Donald Trump.
This is about upholding the simple idea that no person is above the
law and that the American people have a right to know whether or not
their leaders are telling the truth on their taxes.
I urge my colleagues to vote ``yes'' on this rule and on the
underlying bills.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The SPEAKER pro tempore. The question is on adoption of the
resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. FISCHBACH. Madam 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, further
proceedings on this question are postponed.
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