[Congressional Record (Bound Edition), Volume 163 (2017), Part 3]
[House]
[Pages 3549-3551]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE 
                        PRIVILEGES OF THE HOUSE

  Ms. ESHOO. Mr. Speaker, 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.
  Mr. Speaker, I ask unanimous consent that the form of the resolution 
appear in the Record at this point.
  The SPEAKER pro tempore (Mr. Womack). Is there objection to the 
request of the gentlewoman from California?
  There was no objection.
  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 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 since Gerald Ford 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, the New York Times has 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 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, according to the Washington Post, 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, according to Reuters, 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, according to the New York Times, 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 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, 78 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. The Chair will now recognize the gentlewoman 
from California to offer the resolution just noticed. Does the 
gentlewoman offer the resolution?
  Ms. ESHOO. I do, Mr. Speaker.
  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 since Gerald Ford 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, the New York Times has 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 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, according to the Washington Post, 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, according to Reuters, 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, according to the New York Times, 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 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, 78 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;

[[Page 3550]]

       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 gentlewoman from California wish to 
present argument on the parliamentary question whether the resolution 
presents a question of the privileges of the House?
  Ms. ESHOO. I do, Mr. Speaker.
  The SPEAKER pro tempore. The gentlewoman from California is 
recognized.
  Ms. ESHOO. Mr. Speaker, under clause 1 of rule IX, questions of the 
privilege of the House are ``those affecting the rights of the House 
collectively, its safety, dignity, and the integrity of its 
proceedings.''
  I believe the dignity and the integrity of the House are put at risk 
when this body refuses to exercise its statutory authority and 
constitutional obligation to operate as a check on the executive 
branch.
  Under section 6103 of the Internal Revenue Code, three congressional 
committees have jurisdiction to request tax returns: House Ways and 
Means, Senate Finance, and the Joint Committee on Taxation.
  This authority was placed in the Tax Code by Congress in 1924 to 
allow for full investigations of several scandals in the Harding 
administration, including the Teapot Dome bribery scandal. Section 6103 
was the subject of considerable debate in this Chamber, but, 
ultimately, Congress passed it in order to provide an important 
investigatory check on the executive branch.
  In 1974, section 6103 authority was used by the members of the Joint 
Committee on Taxation to publish a staff report on President Nixon's 
tax returns revealing that he owed nearly a half a million dollars in 
back taxes. Today, I worry that we are rapidly approaching a scandal of 
a similar magnitude to these previous events.
  Since we voted on a similar resolution last week, the Attorney 
General and other senior administration officials have admitted that 
they met with Russian officials during the campaign and the transition 
period. This comes after the campaign and unequivocally last year 
saying that there was ``no communications between the campaign and any 
foreign entity during the campaign.''
  The SPEAKER pro tempore. The gentlewoman will suspend.
  The gentlewoman is reminded that she must confine her remarks to the 
parliamentary question of whether the resolution qualifies under rule 
IX.
  Ms. ESHOO. Mr. Speaker, I understand, and I am working to establish 
that case.
  The SPEAKER pro tempore. The gentlewoman will confine her remarks to 
that question or the Chair will be prepared to rule.
  Ms. ESHOO. Further reports about the President's potential conflicts 
of interest suggest that the House should exercise its oversight 
authority immediately, including massive foreign payments to the 
President's hotels and prior business deals with foreign oligarchs 
around the world. The only way to determine whether these dealings 
represent----
  The SPEAKER pro tempore. The gentlewoman will suspend.
  Does the gentlewoman wish to present an argument as to whether the 
resolution qualifies under rule IX?
  The Chair has been patient. The gentlewoman must confine her remarks 
to make that argument. If not, the Chair is prepared to rule.
  The gentlewoman from California is recognized.
  Ms. ESHOO. Mr. Speaker, I am attempting to set forward the question 
of the privileges of the House on a privileged resolution, and this is 
a part of it.
  I believe the only way to determine whether these dealings represent 
violations of the Emoluments Clause of the Constitution is by fully 
examining the President's tax records.
  Contrary to the Chair's ruling last Monday, there is no direct 
precedent in section 706 of the House Practice manual for the situation 
because the current situation is unprecedented. The President's 
business empire makes him more susceptible to conflicts of interest 
than any President in our history.
  The SPEAKER pro tempore. The gentlewoman is no longer recognized.
  The Chair is prepared to rule on the question.
  The gentlewoman from California 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 as demonstrated by 
section 706 of the House Rules and Manual, a resolution directing a 
committee to meet and conduct certain business does not qualify as a 
question of the privileges of the House.
  The resolution offered by the gentlewoman from California directs the 
Committee on Ways and Means to meet and consider an item of business 
under the procedures set forth in 26 U.S. Code 6103. Accordingly, the 
resolution does not qualify as a question of the privileges of the 
House.
  Ms. ESHOO. 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 lay the 
appeal on the table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. ESHOO. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on tabling the appeal will be followed by a 5-minute vote 
on suspending the rules and passing H.R. 375, if ordered.
  The vote was taken by electronic device, and there were--ayes 227, 
noes 186, answered ``present'' 1, not voting 15, as follows:

                             [Roll No. 128]

                               AYES--227

     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
     Chaffetz
     Cheney
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Farenthold
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gaetz
     Gallagher
     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)
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hultgren
     Hunter
     Hurd
     Issa
     Jenkins (WV)
     Johnson (LA)
     Johnson (OH)
     Johnson, Sam
     Jordan
     Joyce (OH)
     Katko
     Kelly (MS)
     Kelly (PA)

[[Page 3551]]


     King (IA)
     King (NY)
     Kinzinger
     Knight
     Kustoff (TN)
     Labrador
     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
     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
     Rooney, Thomas J.
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce (CA)
     Russell
     Rutherford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sinema
     Smith (MO)
     Smith (NJ)
     Smith (TX)
     Smucker
     Stefanik
     Stewart
     Stivers
     Taylor
     Tenney
     Thompson (PA)
     Thornberry
     Tiberi
     Trott
     Turner
     Upton
     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

                               NOES--186

     Adams
     Aguilar
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     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
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gonzalez (TX)
     Gottheimer
     Green, Al
     Green, Gene
     Grijalva
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     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, 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
     Payne
     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
     Sires
     Slaughter
     Smith (WA)
     Soto
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     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--15

     Blumenauer
     Cleaver
     Culberson
     Garrett
     Gutierrez
     Hill
     Himes
     Jenkins (KS)
     Rohrabacher
     Rush
     Smith (NE)
     Speier
     Tipton
     Titus
     Valadao

                              {time}  1929

  Mr. GONZALEZ of Texas changed his vote from ``aye'' to ``no.''
  Messrs. ROKITA and LaHOOD changed their vote from ``no'' to ``aye.''
  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.

                          ____________________