69–008 

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 

2 

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. 

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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: 

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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 ComVerDate Sep 11 2014 04:31 Aug 01, 2017 Jkt 069008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR269.XXX HR269
6 

mittee 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. 

(7) 

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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