[House Report 115-269]
[From the U.S. Government Publishing Office]


115th Congress   }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {     115-269

======================================================================



 
   RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT TO PROVIDE CERTAIN 
                DOCUMENTS IN THE PRESIDENT'S POSSESSION

                                _______
                                

   July 28, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                             ADVERSE REPORT

                             together with

                            DISSENTING VIEWS

                       [To accompany H. Res. 437]

    The Committee on Transportation and Infrastructure, to whom 
was referred the resolution (H. Res. 437) of inquiry requesting 
the President to provide certain documents in the President's 
possession, having considered the same, report unfavorably 
thereon without amendment and recommend that the resolution not 
be agreed to.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     5
Advisory of Earmarks.............................................     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Federal Mandate Statement........................................     5
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     6
Applicability of Legislative Branch..............................     6
Section-by-Section Analysis of Legislation.......................     6
Changes in Existing Law Made by the Bill, as Reported............     6
Dissenting Views.................................................     7

                         PURPOSE OF LEGISLATION

    H. Res. 437, a resolution of inquiry requesting the 
President to provide to the House of Representatives certain 
documents in the possession of the Administrator of General 
Services and the General Services Administration (GSA).

                  BACKGROUND AND NEED FOR LEGISLATION

    A resolution of inquiry is a House resolution directing the 
President, or the head of an executive department, to provide 
to the House of Representatives specific information in the 
possession of the Administration. Clause 7 of House Rule XIII 
provides that, if properly drafted, a resolution of inquiry is 
provided special parliamentary status allowing the Committee to 
which the measure was referred to be discharged if the 
Committee has not reported the measure back to the House within 
14 legislative days after introduction. If the Committee fails 
to act within that timeframe, a motion to discharge the 
Committee from consideration is considered privileged on the 
floor of the House.
    The Committee notes that the consideration of this 
resolution of inquiry is intended to comply with rule XIII and 
does not affect the Committee's interest or role in oversight 
activities of GSA.
    The Committee reported the resolution of inquiry 
unfavorably to the House because the resolution is unnecessary 
and duplicative. The oversight role of the Committee over GSA 
and, more specifically, the management of the Old Post Office 
lease is clear. However, the substance of the resolution of 
inquiry has already been raised with GSA and the Committee has 
provided other opportunities through the normal oversight 
process to seek additional information.
    Minority Members of the Committee and other committees have 
had several briefings with GSA during the previous and current 
administrations on the issues addressed in the resolution of 
inquiry. Further, GSA also has publicly released a significant 
amount of related documentation pursuant to requests under the 
Freedom of Information Act (FOIA).
    On July 12, 2017, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management held a hearing 
during which Minority Members of the Committee questioned the 
GSA Acting Administrator about issues addressed in the 
resolution of inquiry. Subsequently, the Committee received 
from the Minority additional written questions for the record 
to be submitted to GSA for response. As such, the resolution of 
inquiry is duplicative and unnecessary.

                                HEARINGS

    No hearings were held on H. Res. 437.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    On July 12, 2017, Ranking Member Peter A. DeFazio (D-OR) 
and Subcommittee on Economic Development, Public Buildings, and 
Emergency Management Ranking Member Henry C. ``Hank'' Johnson, 
Jr. (D-GA) introduced H. Res. 437, a resolution of inquiry 
requesting the President to provide certain documents in the 
President's possession.
    On July 27, 2017, the Committee on Transportation and 
Infrastructure met in open session. The Committee ordered the 
bill reported unfavorably to the House by a recorded vote of 
31-24 with a quorum present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. During Committee consideration of H. Res. 437, a 
recorded vote was taken on ordering the bill reported 
unfavorably to the House as follows:


                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this resolution does 
not provide new budgetary authority or increased tax 
expenditures.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the Committee estimates that 
implementing this resolution would not result in any 
significant costs. The Congressional Budget Office did not 
provide a cost estimate for the resolution.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this resolution had it been 
adopted would have required the Administrator of General 
Services to provide certain documents.

                          ADVISORY OF EARMARKS

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3 of rule XIII of the Rules of the House 
of Representatives, the Committee finds that no provision of H. 
Res. 437 establishes or reauthorizes a program of the federal 
government known to be duplicative of another federal program, 
a program that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee finds that had H. Res. 437 been adopted it would 
not direct the completion of a specific rule making within the 
meaning of section 551 of title 5, United States Code.

                       FEDERAL MANDATE STATEMENT

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Committee 
believes that no federal mandates are included in this 
resolution.

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H. Res. 437 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                  APPLICABILITY OF LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               SECTION-BY-SECTION ANALYSIS OF LEGISLATION

    The resolution, if adopted, would require the President to 
provide to the House of Representatives, not later than 14 days 
after the date of adoption, copies of any document, record, 
memo, correspondence, or other communication in the possession 
of Administrator of General Services or the Acting 
Administrator of such Administration, or any portion of any 
such communication, that refers or relates to the following:
    (1) Guidance or direction to the Acting Administrator or to 
other staff of the General Services Administration regarding 
responses to requests for information from Members of Congress 
and Ranking Members of Committees.
    (2) Ground lease No. GS-LS-11-11307, the lease agreement 
between the Trump Old Post Office LLC and the government, 
including all books, records, annual statements, monthly 
statements, annual budgets, detailed statements of the 
outstanding equity held by each member of the Trump Old Post 
Office LLC leasehold mortgage agreements, mezzanine lender 
agreements, notices, lease status reports, and claims.
    (3) Legal memoranda or opinions generated by the Government 
related to ground lease No. GS-LS-11-11307 between the Trump 
Old Post Office LLC and the government.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Res. 437 makes no changes in existing law.

                            DISSENTING VIEWS

    For more than six months, we have asked the General 
Services Administration (GSA) to provide us with documents 
related to the lease of the Old Post Office building to the 
Trump Old Post Office LLC. The Trump International Hotel lease 
agreement, in which President Donald J. Trump serves as both 
landlord and tenant, raises a myriad of constitutional, legal, 
and ethical issues. As the majority beneficial owner of Trump 
Old Post Office LLC, President Trump is in violation of the 
lease, which specifically prohibits elected officials from 
sharing in any benefit of the lease. Finally, President Trump's 
continued participation in this lease agreement, together with 
the continued participation of Federal employees and family 
members, Ms. Ivanka Trump and Mr. Jared Kushner, raises a host 
of conflict-of-interest and ethical issues.
    To date, the Republican majority has refused to conduct 
even basic oversight over the Trump International Hotel lease. 
The majority also has refused to examine whether GSA has 
appropriately administered the lease for the benefit of the 
American people, rather than for the benefit of President Trump 
and his family.
    Given GSA's repeated refusals to provide the necessary 
documents to ensure that the terms of the Trump International 
Hotel lease are being enforced and the American taxpayer is 
benefiting from the agreement, we introduced H. Res. 437, 
requesting the President provide GSA documents that are 
required to be produced under the lease agreement. If adopted, 
this resolution requires GSA to provide documents regarding 
this transaction, which will provide the Committee with the 
necessary information to address the constitutional, legal, and 
ethical issues of the lease agreement.
    Unfortunately, over the objection of every Democrat and one 
Republican on this Committee, the majority has rejected this 
resolution and refused to require GSA to provide this 
information. It is disheartening that the Republican majority 
has turned our constitutional obligation to conduct oversight 
into a partisan exercise.
    Therefore, we dissent from the action of the Committee to 
adversely report this resolution to the House, and enclose a 
report prepared by the Democratic staff of the Committee 
describing the numerous constitutional, legal, and ethical 
issues of President Trump's continued participation in the 
lease agreement.

                                   Peter A. DeFazio.
                                   Henry C. ``Hank'' Johnson, Jr.



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