IV 

116TH CONGRESS 

1ST SESSION H. RES. 430 

Authorizing the Committee on the Judiciary to initiate or intervene in judicial 

proceedings to enforce certain subpoenas and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2019 

Mr. MCGOVERN (for himself, Mr. CUMMINGS, Mr. ENGEL, Mr. NADLER, Mr. 

NEAL, Mr. SCHIFF, and Ms. WATERS) submitted the following resolution; 

which was referred to the Committee on Rules 

RESOLUTION 

Authorizing the Committee on the Judiciary to initiate or 

intervene in judicial proceedings to enforce certain subpoenas and for other purposes. 

1 Resolved, That the chair of the Committee on the Ju2 diciary of the House of Representatives is authorized, on 

3 behalf of such Committee, to initiate or intervene in any 

4 judicial proceeding before a Federal court— 

5 (1) to seek declaratory judgments and any and 

6 all ancillary relief, including injunctive relief, affirm7 ing the duty of— 

8 (A) William P. Barr, Attorney General, 

9 U.S. Department of Justice, to comply with the 


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•HRES 430 IH 

1 subpoena that is the subject of the resolution 

2 accompanying House Report 116–105; and 

3 (B) Donald F. McGahn, II, former White 

4 House Counsel, to comply with the subpoena 

5 issued to him on April 22, 2019; and 

6 (2) to petition for disclosure of information re7 garding any matters identified in or relating to the 

8 subpoenas referred to in paragraph (1) or any ac9 companying report, pursuant to Federal Rule of 

10 Criminal Procedure 6(e), including Rule 6(e)(3)(E) 

11 (providing that the court may authorize disclosure of 

12 a grand-jury matter ‘‘preliminarily to . . . a judicial 

13 proceeding’’). 

14 Resolved, That the chair of each standing and perma15 nent select committee, when authorized by the Bipartisan 

16 Legal Advisory Group, retains the ability to initiate or in17 tervene in any judicial proceeding before a Federal court 

18 on behalf of such committee, to seek declaratory judg19 ments and any and all ancillary relief, including injunctive 

20 relief, affirming the duty of the recipient of any subpoena 

21 duly issued by that committee to comply with that sub22 poena. Consistent with the Congressional Record state23 ment on January 3, 2019, by the chair of the Committee 

24 on Rules regarding the civil enforcement of subpoenas 

25 pursuant to clause 8(b) of rule II, a vote of the Bipartisan 


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1 Legal Advisory Group to authorize litigation and to articu2 late the institutional position of the House in that litiga3 tion is the equivalent of a vote of the full House of Rep4 resentatives. 

5 Resolved, That in connection with any judicial pro6 ceeding brought under the first or second resolving 

7 clauses, the chair of any standing or permanent select 

8 committee exercising authority thereunder has any and all 

9 necessary authority under Article I of the Constitution. 

10 Resolved, That the chair of any standing or perma11 nent select committee exercising authority described in the 

12 first or second resolving clause shall notify the House of 

13 Representatives, with respect to the commencement of any 

14 judicial proceeding thereunder. 

15 Resolved, That the Office of General Counsel of the 

16 House of Representatives shall, with the authorization of 

17 the Speaker, represent any standing or permanent select 

18 committee in any judicial proceeding initiated or inter19 vened in pursuant to the authority described in the first 

20 or second resolving clause. 

21 Resolved, That the Office of General Counsel of the 

22 House of Representatives is authorized to retain private 

23 counsel, either for pay or pro bono, to assist in the rep24 resentation of any standing or permanent select committee 

25 in any judicial proceeding initiated or intervened in pursuVerDate Sep 11 2014 21:27 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR430.IH HR430

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1 ant to the authority described in the first or second resolv2 ing clause. 

Æ 


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