[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 917 Introduced in House (IH)]

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118th CONGRESS
  1st Session
H. RES. 917

 Authorizing the enforcement of subpoenas issued by the Chairs of the 
  Committees on Oversight and Accountability, Ways and Means, or the 
Judiciary as part of the inquiry into whether sufficient grounds exist 
 for the House of Representatives to exercise its Constitutional power 
to impeach Joseph Biden, President of the United States of America, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2023

Mr. Armstrong submitted the following resolution; which was referred to 
                         the Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
 Authorizing the enforcement of subpoenas issued by the Chairs of the 
  Committees on Oversight and Accountability, Ways and Means, or the 
Judiciary as part of the inquiry into whether sufficient grounds exist 
 for the House of Representatives to exercise its Constitutional power 
to impeach Joseph Biden, President of the United States of America, and 
                          for other purposes.

    Resolved, That the chairs of each of the Committees on Oversight 
and Accountability, Ways and Means, and the Judiciary are authorized, 
with the approval of the Speaker of the House of Representatives, to 
initiate or intervene in certain judicial proceedings before a Federal 
court for the purpose of advancing the ongoing investigations into 
whether sufficient grounds exist for the House of Representatives to 
exercise its Constitutional power to impeach Joseph Biden, President of 
the United States of America, including as set forth in the memorandum 
issued by the Chairs of the Committees on Oversight and Accountability, 
Ways and Means, and Judiciary of the House of Representatives, entitled 
``Impeachment Inquiry'', dated September 27, 2023, and that the Chair 
of each such Committee has had and continues to have the authority to 
issue subpoenas to further this impeachment inquiry.

                           subpoena authority

    Sec. 2. 
    The authority provided by clause 2(m) of Rule XI of the Rules of 
the House of Representatives to the Chairs of the Committees on 
Oversight and Accountability, Ways and Means, and Judiciary included, 
from the beginning of the existing House of Representatives impeachment 
inquiry described in the first section of this resolution, and 
continues to include, so long as the impeachment inquiry is ongoing, 
the authority to issue subpoenas on behalf of such Committees for the 
purpose of furthering the impeachment inquiry.

                   ratifying and affirming subpoenas

    Sec. 3. 
    The House of Representatives ratifies and affirms any subpoenas 
previously issued, pursuant to the authority established by the 
Constitution of the United States and clause 2(m) of Rule XI of the 
Rules of the House of Representatives, by the Chairs of the Committees 
on Oversight and Accountability, Ways and Means, or the Judiciary as 
part of the impeachment inquiry described in the first section of this 
resolution.

          initiation and intervention in judicial proceedings

    Sec. 4. 
    (a) The chairs of each of the Committees on Oversight and 
Accountability, Ways and Means, and the Judiciary are authorized, on 
behalf of such Committees, and with the approval of the Speaker of the 
House of Representatives, to initiate or intervene in any judicial 
proceeding before a Federal court--
            (1) to seek declaratory judgments and any and all ancillary 
        relief, including injunctive relief, affirming the duty of any 
        recipient of a subpoena authorized, described, ratified or 
        affirmed by the second or third section of this resolution to 
        comply with that subpoena, including the subpoenas issued to--
                    (A) Jack Morgan, U.S. Department of Justice; and
                    (B) Mark F. Daly, Senior Litigation Counsel, Tax 
                Division, U.S. Department of Justice; and
            (2) to petition for disclosure of--
                    (A) information relevant to the impeachment 
                inquiry, pursuant to Federal Rule of Criminal Procedure 
                6(e), including Rule 6(e)(3)(E) (providing that the 
                court may authorize disclosure of a grand-jury matter 
                ``preliminarily to a * * * judicial proceeding''); and
                    (B) materials relevant to the impeachment inquiry 
                currently held by the National Archives and Records 
                Administration, including those to which access may be 
                provided pursuant to section 2205 of title 44, United 
                States Code.
    (b) The chair of each of the Committees on Oversight and 
Accountability, Ways and Means, and the Judiciary exercising authority 
described in subsection (a) shall notify the House of Representatives, 
with respect to the commencement of any judicial proceeding thereunder.
    (c) The Office of General Counsel of the House of Representatives 
shall, with the authorization of the Speaker, represent any of the 
Committees on Oversight and Accountability, Ways and Means, and the 
Judiciary in any judicial proceeding initiated or intervened in 
pursuant to the authority described in the subsection (a).
    (d) The Office of General Counsel of the House of Representatives 
is authorized to retain private counsel, either for pay or pro bono, to 
assist in the representation of any of the Committees on Oversight and 
Accountability, Ways and Means, and the Judiciary in any judicial 
proceeding initiated or intervened in pursuant to the authority 
described in subsection (a).
    (e) In connection with any judicial proceeding brought under 
subsection (a), the chair of each of the Committees on Oversight and 
Accountability, Ways and Means, and Judiciary exercising authority 
thereunder has any and all necessary authority under Article I of the 
Constitution.
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