[House Report 118-314]
[From the U.S. Government Publishing Office]


118th Congress }                                                { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                                { 118-314

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

 
 DIRECTING CERTAIN COMMITTEES TO CONTINUE THEIR ONGOING INVESTIGATIONS 
 AS PART OF THE EXISTING HOUSE OF REPRESENTATIVES 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

                                _______
                                

 December 12, 2023.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Cole, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                       [To accompany H. Res. 918]

    The Committee on Rules, to whom was referred the resolution 
(H. Res. 918) directing certain committees to continue their 
ongoing investigations as part of the existing House of 
Representatives 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.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings and Recommendations.................     8
Performance Goals and Objectives.................................     8
Advisory Committee Statement.....................................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing House Rules Made by the Resolution, as 
  Reported.......................................................    11
Dissenting Views.................................................    12

                          PURPOSE AND SUMMARY

    H. Res. 918, introduced by Rep. Kelly Armstrong (R-ND), 
directs certain committees to continue their ongoing 
investigations as part of the existing House of Representatives 
inquiry into whether sufficient grounds exist for the House of 
Representatives to exercise its Constitutional power to impeach 
Joseph R. Biden, President of the United States of America. The 
resolution lays out the procedure for the Committees on the 
Judiciary, Ways and Means, and Oversight and Accountability to 
continue their ongoing investigation in open hearings, 
authorizes the release of deposition transcripts, and provides 
additional procedures in furtherance of the impeachment 
inquiry. The resolution hereby adopted in H. Res. 918 also 
authorizes the chairs of the Committees on the Judiciary, Ways 
and Means, and Oversight and Accountability to initiate or 
intervene in judicial proceedings to enforce certain subpoenas, 
allows the Office of General Counsel of the House of 
Representatives, with authorization of the Speaker, to 
represent any of the above-mentioned committees in any judicial 
proceeding initiated or intervened in pursuant to the authority 
described in the resolution, and permits that the Office of 
General Counsel of the House of Representatives to retain 
private counsel, either for pay or pro bono, to assist in the 
representation of any such committees in any judicial 
proceeding initiated or intervened in pursuant to the authority 
described in the resolution.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Constitution vests the House of Representatives with 
the ``sole Power of Impeachment'' and provides that the 
``President, Vice President and all civil Officers of the 
United States, shall be removed from Office on Impeachment for, 
and Conviction of, Treason, Bribery, or other high Crimes and 
Misdemeanors.''
    As Alexander Hamilton explained in Federalist No. 65, 
impeachment involves ``those offenses which proceed from the 
misconduct of public men, or, in other words, from the abuse or 
violation of some public trust.'' In our nation's history, such 
offenses have included bribery, abuse of power, obstruction of 
justice, obstruction of Congress, perjury, and using one's 
office for personal gain. Hamilton described impeachment as a 
``bridle in the hands of the legislative body upon the 
executive servants of the government.'' As an exclusive 
Congressional authority, impeachment serves as a critical check 
on the other branches of the federal government. It also 
protects our constitutional republic from officers who engage 
in malfeasance. Once an officer is impeached and convicted, he 
is automatically removed from office and can be disqualified 
from ever holding office again.
    As the U.S. Court of Appeals for the District of Columbia 
Circuit has stated, ``To level the grave accusation that a 
President may have committed `Treason, Bribery, or other high 
Crimes and Misdemeanors,' U.S. Const. art. II, Sec. 4, the 
House must be appropriately informed.'' And an impeachment 
inquiry is the traditional means by which the House assembles 
and evaluates that information. Throughout our nation's 
history, it has been recognized that an impeachment inquiry 
strengthens the House's authority to obtain information from 
the Executive Branch. For example, President James K. Polk 
stated that the authority of the House in an impeachment 
investigation ``would penetrate into the most secret recesses 
of the Executive Departments'' and would include the power to 
``command the attendance of any and every agent of the 
Government, and compel them to present all papers, public or 
private, official or unofficial, and to testify on oath to all 
facts within their knowledge.''
    On September 12, 2023, the Speaker of the House directed 
the Committees on the Judiciary, Ways and Means, and Oversight 
and Accountability to conduct an inquiry to determine whether 
sufficient grounds existed for the impeachment of President 
Biden.
    On September 27, 2023, the Chairs of these Committees 
released a memorandum entitled ``Impeachment Inquiry.'' In that 
memorandum, the Chairs explained that for the past several 
months, they had been investigating ``(1) foreign money 
received by the Biden family, (2) President Joe Biden's 
involvement in his family's foreign business entanglements, and 
(3) steps taken by the Biden Administration to slow, hamper, or 
otherwise impede the criminal investigation of the President's 
son, Robert Hunter Biden, which involves funds received by the 
Biden family from foreign sources.'' And they reported that, 
``[a]s a result of these investigations, the Committees ha[d] 
uncovered significant new information that raises serious 
concerns as to whether the President has abused his federal 
office to enrich his family and conceal his and/or his family's 
misconduct.'' Among other things, the Committees found that (1) 
the Biden family and their business associates received over 
$24 million from foreign sources over the course of 
approximately five years; (2) President Biden was personally 
involved in his family's foreign business dealings, and those 
business arrangements intersected with his official duties; and 
(3) the President had not been truthful about his family's 
foreign business entanglements. The Chairs also stated that 
they had uncovered substantial information, including through 
whistleblowers, indicating that the Biden Administration has 
obstructed the criminal investigation into Hunter Biden. This 
information includes evidence that Department of Justice 
personnel blocked avenues of inquiry that could have led to 
evidence incriminating President Biden and impeded efforts to 
prosecute Hunter Biden for tax crimes relating to foreign 
business arrangements that could have implicated President 
Biden.
    Given the evidence already assembled by the Committees, the 
Chairs concluded that a formal impeachment inquiry was 
appropriate and necessary. In particular, the Impeachment 
Inquiry memorandum set forth in detail ``information indicating 
that President Biden may have: (1) performed official acts or 
changed United States policy as a direct result of the foreign 
money received by his family; (2) provided access to his 
federal office in exchange for his family's receipt of foreign 
money; and/or (3) knowingly participated in a scheme where 
foreign business interests were led to believe that they would 
gain access to him (in his official capacity) if they were to 
pay substantial amounts of money to his family.'' And if any of 
these things had occurred, the Chairs noted that ``they would 
constitute a grave abuse of the high office to which the 
American people have entrusted President Biden.''
    In light of the evidence amassed by the Committees at that 
point, the Chairs stated that the impeachment inquiry would 
focus on the following questions:
          1. Did Joe Biden, as Vice President and/or President, 
        take any official action or effect any change in 
        government policy because of money or other things of 
        value provided to his family or him from foreign 
        interests?
          2. Did Joe Biden, as Vice President and/or President, 
        abuse his office of public trust by providing foreign 
        interests with access to him and his office in exchange 
        for payments to his family or him?
          3. Did Joe Biden, as Vice President and/or President, 
        abuse his office of public trust by knowingly 
        participating in a scheme to enrich himself or his 
        family by giving foreign interests the impression that 
        they would receive access to him and his office in 
        exchange for payments to his family or him?
          4. Did Joe Biden abuse his power as President to 
        impede, obstruct, or otherwise hinder investigations 
        (including Congressional investigations) or the 
        prosecution of Hunter Biden?
    However, the Chairs indicated that ``because the 
impeachment inquiry will go where [the] evidence leads, the 
investigation could head in directions that the Committees do 
not currently foresee.''
    Since beginning the impeachment inquiry, the Committees 
have taken a significant number of investigative steps, 
including but not limited to, subpoenaing bank records of 
individual Biden family members as well as entities related to 
them, issuing deposition subpoenas to Hunter Biden and James 
Biden, conducting transcribed interviews with Department of 
Justice and Internal Revenue Service officials involved in the 
Hunter Biden investigation, and requesting numerous transcribed 
interviews of witnesses to the Biden family's business 
dealings. These investigative activities have already uncovered 
additional information suggesting that President Biden was 
directly involved in and personally benefitted from his 
family's business entanglements.
    Given the progress that has been made in the impeachment 
inquiry to date, the Rules Committee believes that the inquiry 
is now at the stage where it would be helpful to establish a 
formal procedural framework for its conduct.
    Additionally, the White House has argued that the 
impeachment inquiry lacks constitutional legitimacy because it 
commenced without a House vote. In particular, on November 17, 
2023, Richard Sauber, Special Counsel to the President, wrote 
to the Chairs of the Committees on the Judiciary and Oversight 
and Accountability and expressed the view that the House may 
not utilize compulsory process pursuant to the impeachment 
power absent a vote of the full House to authorize such an 
inquiry.
    The White House's position is inconsistent with the 
Constitution, relevant law, and House precedents. The 
Constitution, which delegates to the House the sole power of 
impeachment, includes no requirement that the full House vote 
to start an inquiry. In fact, Article I, Section 5 provides 
that the House has the sole authority to determine its ``Rules 
of its Proceedings,'' which would include rules governing 
impeachment. Neither do the Rules of the House of 
Representatives contain such a requirement. Moreover, the House 
has launched several impeachment inquiries without a full House 
vote, including those involving Judge Harry Claiborne, Judge 
Alcee Hastings, Judge Walter Nixon, and President Donald J. 
Trump. And four years ago, a federal district court expressly 
rejected the argument that a House resolution is required to 
begin an impeachment inquiry. See In re Application of Comm. On 
Judiciary, 414 F. Supp. 3d 129, 168 (D.D.C. 2019) (``Even in 
cases of presidential impeachment, a House resolution has 
never, in fact, been required to begin an impeachment 
inquiry.''), aff'd, 951 F.3d 589 (D.C. Cir. 2020), vacated and 
remanded sub nom. on other grounds, Dep't of Justice v. House 
Comm. on the Judiciary, 142 S. Ct. 46 (2021).
    Nevertheless, given that the White House has indicated that 
it will brandish this faulty argument in an effort to stonewall 
the investigation, the Rules Committee believes that it is 
prudent at this time for the full House to vote to direct the 
Committees on Oversight and Accountability, Ways and Means, and 
the Judiciary to continue this impeachment inquiry.

                        COMMITTEE CONSIDERATION

    The Committee on Rules met on December 12, 2023, in open 
session and ordered H. Res. 918 favorably reported to the House 
by a record vote of 9 yeas and 4 nays, a quorum being present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report the legislation and amendments thereto. 
A motion by Mr. Cole to report the resolution to the House with 
a favorable recommendation was agreed to by a record vote of 9 
yeas and 4 nays, a quorum being present. The names of Members 
voting for and against follow:

Rules Committee record vote No. 185

    Date: December 12, 2023
    Motion to order H. Res. 918 reported favorably to the 
House. Agreed to: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

    The committee also considered the following amendments on 
which record votes were requested. The names of Members voting 
for and against follow:

Rules Committee record vote No. 176

    Date: December 12, 2023
    Amendment (no. 1) offered by Mr. McGovern. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 177

    Date: December 12, 2023
    Amendment (no. 2) offered by Ms. Leger Fernandez. Defeated: 

4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 178

    Date: December 12, 2023
    Amendment (no. 3) offered by Ms. Scanlon. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 179

    Date: December 12, 2023
    Amendment (no. 4) offered by Mr. Neguse. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 180

    Date: December 12, 2023
    Amendment (no. 5) offered by Ms. Leger Fernandez. Defeated: 

4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 181

    Date: December 12, 2023
    Amendment (no. 6) offered by Ms. Scanlon. Defeated: 4-6

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................  ............  Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................  ............  Mr. Neguse........................          Yea
Mr. Massie......................................  ............  Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 182

    Date: December 12, 2023
    Amendment (no. 7) offered by Mr. McGovern. Defeated: 4-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................  ............  Mr. Neguse........................          Yea
Mr. Massie......................................  ............  Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 183

    Date: December 12, 2023
    Amendment (no. 8) offered by Mr. McGovern. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................  ............  Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 184

    Date: December 12, 2023
    Amendment (no. 9) offered by Mr. Neguse. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee made findings and 
recommendations that are reflected in this report.

                    PERFORMANCE GOALS AND OBJECTIVES

    In furtherance of Congress' legitimate investigative 
function, the standing rules of the House provide its 
committees with the general authority and tools needed to carry 
out most investigations of matters that properly fall within 
their jurisdiction. The Rules Committee continues to believe 
that these rules have served the House of Representatives well 
and have served the public interest when the House conducts 
investigations. However, the Rules Committee is occasionally 
asked to provide committees with additional tools, beyond those 
expressly conferred by House rules, for a specific purpose. The 
resolution directs certain committees to continue their ongoing 
investigations as part of the existing House of Representatives 
inquiry into whether sufficient grounds exist for the House of 
Representatives to exercise its Constitutional power to impeach 
Joseph R. Biden, President of the United States of America; 
authorizes public hearings and the disclosure of deposition 
transcripts; and sets forth additional procedures in 
furtherance of the impeachment inquiry. The resolution moves 
the House's impeachment inquiry into the next phase while 
providing rights to the minority and to the President and his 
counsel, consistent with previous impeachment inquiries.

                      ADVISORY COMMITTEE STATEMENT

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

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    H. Res. 918 directs the House Committees on Oversight and 
Accountability, Ways and Means, and the Judiciary (hereinafter 
the three committees or three chairs) to continue their 
investigations into whether sufficient grounds exist for the 
House to exercise its Constitutional power to impeach President 
Joseph R. Biden.

Section 2:

    This section provides procedures under which the Committee 
on Oversight and Accountability may conduct itself for the 
purpose of continuing its ongoing investigation as part of the 
existing House inquiry into whether sufficient grounds exist 
for the House to exercise its Constitutional power to impeach 
President Biden. These procedures are consistent with the 
procedures adopted in the most recent Presidential impeachment 
inquiry. See H. Res. 660 (116th).
    This section directs the chair of the Committee on 
Oversight and Accountability to designate one or more open 
hearings pursuant to the section and provides a specific 
process for questioning witnesses in those hearings, 
notwithstanding clause 2(j)(2) of rule XI. At the start of 
questioning, the chairannounces how many minutes the chair and 
ranking minority member are permitted to question the witness during 
that round, longer than five minutes and up to 45 minutes per side. The 
time available for each period of questioning must be equal for the 
chair and ranking minority member. Only the chair and ranking minority 
member, or a Committee employee if yielded to by the chair or ranking 
member, may question witnesses during these periods. The chair may 
announce additional rounds using the same process. Following these 
extended questioning periods, the Committee will proceed with 
questioning by members of the Committee under the five-minute rule. The 
section also provides that the ranking minority member of the Committee 
may submit written requests for witness testimony to the chair within 
72 hours after notice is given for the first open hearing held pursuant 
to these procedures. The requested witness testimony must be relevant 
to the investigation described in the first section and must be 
accompanied by a detailed written justification of the relevance of 
such testimony. This notice requirement will allow for a full 
evaluation of minority witness requests.
    This section also authorizes the ranking minority member of 
the Committee, with concurrence of the chair of the committee, 
to require, as deemed necessary to the investigation--by 
subpoena or otherwise--the attendance and testimony of any 
person (including at the taking of a deposition), the 
production of documents, and by interrogatory, the furnishing 
of information. If the chair declines to concur in a proposed 
action of the ranking minority member, the ranking minority 
member shall have the right to refer to the Committee for 
decision the question of whether such authority shall be 
exercised and the chair shall convene the Committee promptly to 
render that decision, subject to the notice requirements and 
good-cause exception for a committee meeting under clause 
2(g)(3)(A) and (B) of rule XI. Subpoenas and interrogatories 
authorized by this section may be signed by the ranking 
minority member and may be served by any person designated by 
the ranking member. The section authorizes the chair of the 
Committee to make transcripts of depositions conducted by the 
Committee in furtherance of its investigation publicly 
available in electronic form, with appropriate redactions for 
classified and other sensitive information. The section also 
permits the Committee to issue a report with its findings and 
any recommendations, appending any appropriate information and 
materials with respect to their investigation. The report may 
be prepared in consultation with the chairs of the Committees 
on Ways and Means and on the Judiciary. The chair of the 
Committee may transmit any committee report and appendices, 
along with any views filed pursuant to clause 2(l) of rule XI, 
to the Committee on the Judiciary and make the report publicly 
available in electronic form, with appropriate redactions to 
any part of the report to protect classified and other 
sensitive information.

Section 3:

    This section provides procedures under which the Committee 
on Ways and Means may conduct itself for the purpose of 
continuing its ongoing investigation as part of the existing 
House inquiry into whether sufficient grounds exist for the 
House to exercise its Constitutional power to impeach President 
Biden. These procedures mirror the procedures set forth in 
section two with respect to the Committee on Oversight and 
Accountability.

Section 4:

    This section provides procedures under which the Committee 
on the Judiciary may conduct itself for the purpose of 
continuing its ongoing investigation as part of the existing 
House inquiry into whether sufficient grounds exist for the 
House to exercise its Constitutional power to impeach President 
Biden. These procedures mirror the procedures set forth in 
section two with respect to the Committee on Oversight and 
Accountability but do not contain provisions regarding the 
transmission of a report to the Committee on the Judiciary.

Section 5:

    This section authorizes the Committee on the Judiciary to 
conduct impeachment proceedings pursuant to the procedures, 
including those that allow for the participation of the 
President and his counsel, issued by the chair of the Committee 
on Rules and printed in the Congressional Record. Any such 
proceedings would likely be conducted subsequent to the 
investigative activities described in sections two, three, and 
four.
    The Judiciary Committee is also authorized to promulgate 
additional procedures for hearings held pursuant to this 
section of the resolution as it deems necessary, provided that 
they are not inconsistent with the procedures inserted in the 
Congressional Record by the chair of the Committee on Rules, 
the rules of the Committee, and the rules of the House. In 
similar language to the subpoena power referenced in section 
four, the section also authorizes the ranking member of the 
Judiciary Committee, with concurrence of the chair of the 
committee, to require, as deemed necessary to the 
investigation--by subpoena or otherwise--the attendance and 
testimony of any person (including at the taking of a 
deposition), the production of documents, and by interrogatory, 
the furnishing of information. If the chair declines to concur 
in a proposed action of the ranking minority member, the 
ranking minority member shall have the right to refer to the 
committee for decision the question of whether such authority 
shall be exercised and the chair shall convene the committee 
promptly to render that decision, subject to notice 
requirements and good-cause exception for a committee meeting 
under clause 2(g)(3)(A) and (B) of rule XI. Subpoenas and 
interrogatories authorized by this section may be signed by the 
ranking minority member and may be served by any person 
designated by the ranking member. These procedures are 
consistent with the procedures adopted in previous Presidential 
impeachment inquiries. See H. Res. 660 (116th).
    Finally, the section authorizes the Judiciary Committee to 
report to the House such resolutions, articles of impeachment, 
or other recommendations as it deems proper.

Section 6:

    This section provides that H. Res. 917 is adopted upon the 
adoption of H. Res. 918.

        CHANGES IN EXISTING HOUSE RULES MADE BY THE RESOLUTION, 
                              AS REPORTED

    In compliance with clause 3(g) of rule XIII of the Rules of 
the House of Representatives, the Committee finds that this 
resolution does not propose to repeal or amend a standing rule 
of the House.

                            DISSENTING VIEWS

    This resolution is nothing but an act of political 
vengeance by the House Republican Majority. Rather than working 
with Democrats to help the American people, House Republicans 
have decided--after nearly a year of failed investigations that 
have yielded no evidence of wrongdoing by President Biden--that 
they will now vote to authorize an impeachment inquiry. In 
doing so, they are wasting the House's precious time and 
resources on an extreme political stunt that will do nothing to 
make people's lives better.
    Article II, Section 4 of the United States Constitution 
states: ``The President, Vice President and all Civil Officers 
of the United States, shall be removed from Office on 
Impeachment for, and Conviction of, Treason, Bribery, or other 
high Crimes and Misdemeanors.'' Initiating an inquiry into 
whether the President of the United States has committed 
impeachable high Crimes and Misdemeanors is one of the most 
serious and somber actions the House of Representatives 
canundertake. Given the gravity of impeachment, it is disgraceful that 
this House Republican Majority has chosen to initiate this vengeful 
impeachment inquiry with such a shocking disregard for the facts.
    The goal of this inquiry resolution is not to safeguard our 
democracy against wrongdoing by the President. Their true 
motives are clear: House Republicans and former President Trump 
cannot accept that the twice-impeached former President lost 
the 2020 election. And so now, after the insurrection on 
January 6th failed, the Republican Majority is attempting to 
mire President Biden in the cloud of an impeachment inquiry to 
aid in the disgraced former President's re-election efforts. 
Ironically, this resolution, and the effort it is abetting, 
will only serve to further stain this House Republican Majority 
as extreme, unserious, ineffective, and unable to govern.
    After almost a year of investigation, dozens of hours of 
testimony, and tens of thousands of pages of documents turned 
over and examined, the facts tell the same story: there is no 
wrongdoing by President Biden, let alone an impeachable 
offense. The House Republican Majority has resorted to cherry-
picking and distorting information to justify continuing this 
sham investigation aimed at satisfying President Trump's 
demands for retribution. Since his impeachments, he has been 
indicted multiple times and now faces 91 felony counts. This 
impeachment inquiry is clearly not about evidence. The former 
President has said as much, stating: ``Either IMPEACH the BUM, 
or fade into OBLIVION. THEY DID IT TO US!''
    The contrast between the House Democratic Majority's 
impeachments of President Trump and the House Republican 
Majority's impeachment inquiry into President Biden could not 
be clearer. President Trump was first impeached for attempting 
to extort the President of Ukraine into digging up political 
dirt on President Biden amid the 2020 Presidential Election. He 
was then impeached once more for inciting an insurrection that 
took place on January 6, 2021, to overturn the 2020 
Presidential Election. President Biden is now facing an 
impeachment inquiry simply so House Republicans can try to help 
President Trump get back to the White House. Democrats took 
impeachment seriously and with the gravity it demands. 
Republicans are playing political games with one of the most 
awesome powers at their disposal.
    In doing so, House Republicans are also trying to confuse 
and conceal the truth about this impeachment inquiry from the 
American people. When the Democratic Majority in the 116th 
Congress passed its impeachment inquiry resolution, it required 
an ``open and transparent'' investigative proceeding by the 
House Permanent Select Committee on Intelligence (HPSCI). The 
Democratic impeachment inquiry resolution required HPSCI to 
hold at least one public hearing (HPSCI eventually held a total 
of seven hearings), and the resolution required HPSCI to issue 
a report setting forth its findings and transmitting that 
report to the Judiciary Committee to make public and consider 
in their decision on whether to draw up articles of 
impeachment.
    In contrast, this Republican Majority's impeachment inquiry 
resolution deleted references to an ``open and transparent'' 
investigation, which was featured in the Democratic resolution 
language, and does not require any investigative committee to 
hold even one single public hearing, nor does it require any 
investigative committee to issue a final report on their 
findings. Those committees may do so currently, and if this 
impeachment inquiry resolution passes the House, they may do so 
after. Openness and transparency appear to be simply optional 
during this Republican Majority's impeachment inquiry. But it 
should come as no surprise that Republicans do not want to 
require these investigating committees to hold open hearings or 
require them to issue a final report of their alleged findings 
because when they have tried to be open and transparent with 
the American people thus far, their sham investigation has 
fallen flat.
    Republicans have admitted how poorly their attempts to have 
public hearings to make their case to the American people have 
gone. On September 28, 2023, following the only public hearing 
held thus far by the Committee on Oversight and Accountability 
during this investigation, a senior Republican aide remarked, 
``Picking witnesses that refute House Republicans'' arguments 
for impeachment is mind-blowing. This is an unmitigated 
disaster.'' After this ``unmitigated disaster,'' Hunter Biden 
himself has since offered to come and testify publicly in front 
of the House Oversight and Accountability Committee. Yet, 
Chairman Comer has refused that offer. It is clear--given the 
weakness of their impeachment arguments--why Republicans do not 
want to require any more public hearings or reports. When 
Republicans cannot distort facts and cherry-pick evidence 
attained behind closed doors, their partisan political plot is 
laid bare to the American people, and it becomes clear what the 
facts truly show: President Biden has done nothing wrong.
    This impeachment inquiry resolution also deems as passed a 
second resolution that, among other things, authorizes the 
investigating committees to initiate proceedings before a 
Federal court to enforce subpoenas issued to two career 
Department of Justice prosecutors regarding ongoing 
prosecutions. Although it is a longstanding policy for the 
Department of Justice to not comment on ongoing investigations, 
the Department of Justice has made Special Counsel David Weiss, 
two U.S. Attorneys, and the Acting Deputy Assistant Attorney 
General for Criminal Matters at the Department of Justice, Tax 
Division, who supervises the two career line prosecutors, 
available for transcribed interviews. Despite this, and with 
complete disregard for the credible threats that career 
prosecutors and FBI agents have faced, House Republicans--
without even a separate vote of the House on this matter--are 
authorizing the committees to ask a court to force these two 
career line prosecutors, who have served multiple 
Administrations of both parties, to answer questions about an 
ongoing prosecution. Sadly, it is clear that not only are House 
Republicans determined to continue this sham political 
impeachment inquiry to help the re-election of former President 
Trump, but they are even willing to interfere in ongoing 
criminal investigations in order to do so.
    After nearly a year of investigating, House Republicans 
have already collected an extraordinary amount of testimony, 
bank records, and reports in their investigation of Hunter 
Biden's business activities. And this material is in addition 
to the material already collected by Senate Republicans who 
conducted their own investigation of Hunter Biden in 2020. The 
Biden-Harris Administration, private banks, and private 
citizens have fully accommodated these congressional requests. 
For example, the enormous body of existing information 
collected as part of this investigation includes: more than 
38,000 pages of subpoenaed bank records; more than 2,000 pages 
of suspicious activity reports (SARs) provided by the U.S. 
Department of the Treasury; dozens of hours of testimony from 
two of Hunter Biden's business partners, a senior official from 
the National Archives and Records Administration, seven federal 
agents assigned to the investigation of Hunter Biden from the 
IRS and FBI, a Special Counsel, two U.S. Attorneys, and a high-
ranking official from the Tax Division of the U.S. Department 
of Justice; and hundreds of pages of documents from the Hunter 
Biden investigation released by the Committee on Ways and 
Means.
    All the testimony and documents that are available prove 
again and again that House Republicans have zero evidence of 
wrongdoing by President Biden. Still adamant that this sham 
inquiry continue, House Republicans are now attempting to 
weaponize the inquiry process itself. It seems that nothing--
including the facts--will stop House Republicans on their quest 
to try and aid the former, twice-impeached President's election 
chances by trumping up a bogus impeachment case against the 
current President. This impeachment inquiry resolution is just 
the next step in this plan.
    The unfortunate reality is that this inquiry effort is also 
just another in a long line of disasters for this Republican 
Majority. Over the course of their first year in charge, House 
Republicans have demonstrated that they are utterly incapable 
of governing and are not up to the task of being in the 
majority. At this point in the 117th Congress, Democrats had 
passed 71 bills into law to improve the lives of the American 
people. At this point in the 116th Congress under divided 
government, Democrats had passed 78 bills into law. Contrast 
that with this Republican Majority, which has only passed 22 
bills into law. When it has come time to fund the government or 
to ensure the full faith and credit of the United States, the 
Republican Majority has had to turn to Democratic Members of 
Congress to pass critical, must-pass pieces of legislation. 
Republican Leaders are failing the American people, and they 
are using this impeachment inquiry to distract from their own 
incompetence and inability to govern.
    We urge our Republican colleagues to abandon their extreme 
agenda, abandon the demands of former President Trump to 
``either impeach the bum, or fade into oblivion,'' and instead 
to work with Democrats and the Administration in a bipartisan 
way to address the needs of the American people.

                                   James P. McGovern,
                                           Ranking Member.
                                   Joe Neguse,
                                   Mary Gay Scanlon,
                                   Teresa Leger Fernandez,
                                           Members of Congress.