[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 501 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
S. RES. 501

Amending the Rules of Procedure and Practice in the Senate When Sitting 
   on Impeachment Trials to ensure adequate access to witnesses and 
 documents in impeachment trials of a President or Vice President, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2020

 Mr. Merkley (for himself and Mr. Van Hollen) submitted the following 
     resolution; which was referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                               RESOLUTION


 
Amending the Rules of Procedure and Practice in the Senate When Sitting 
   on Impeachment Trials to ensure adequate access to witnesses and 
 documents in impeachment trials of a President or Vice President, and 
                          for other purposes.

    Resolved,

SECTION 1. WITNESSES AND DOCUMENTS IN IMPEACHMENT TRIALS OF A PRESIDENT 
              OR VICE PRESIDENT.

    (a) In General.--The Rules of Procedure and Practice in the Senate 
When Sitting on Impeachment Trials are amended by adding at the end the 
following:
    ``XXVII. In an impeachment trial of the President or the Vice 
President, upon whom the powers and duties of the Office of President 
shall have devolved, each party may move to issue 1 or more subpoenas 
to obtain testimony from witnesses. If the Presiding Officer determines 
the testimony of a witness for whom a subpoena is sought is material 
and relevant to the impeachment trial and not redundant, the Presiding 
Officer, through the Secretary of the Senate, shall issue a subpoena 
for the taking of testimony of the witness. A Senator may raise a point 
of order that a subpoena for the taking of testimony of a witness 
should not be issued. If a point of order is raised, the Presiding 
Officer shall submit the point of order to a vote of the Senate without 
debate. A vote under this Rule shall be taken in accordance with the 
Standing Rules of the Senate.
    ``XXVIII. In an impeachment trial of the President or the Vice 
President, upon whom the powers and duties of the Office of President 
shall have devolved, each party may move to issue 1 or more subpoenas 
to obtain documents. If the Presiding Officer determines the documents 
for which a subpoena is sought are material and relevant to the 
impeachment trial and not redundant, the Presiding Officer, through the 
Secretary of the Senate, shall issue a subpoena requiring production of 
the documents. A Senator may raise a point of order that a subpoena 
requiring production of the documents should not be issued. If a point 
of order is raised, the Presiding Officer shall submit the point of 
order to a vote of the Senate without debate. A vote under this Rule 
shall be taken in accordance with the Standing Rules of the Senate.
    ``XXIX. It shall not be in order to consider a resolution or motion 
establishing procedures for an impeachment trial, or an amendment 
thereto, that would modify, supersede, waive, or be inconsistent with 
any portion of Rule VII, XXVII, or XXVIII.''.
    (b) Evidentiary Questions.--Rule VII of the Rules of Procedure and 
Practice in the Senate When Sitting on Impeachment Trials is amended--
            (1) in the second sentence--
                    (A) by striking ``may rule'' and inserting ``shall 
                rule''; and
                    (B) by inserting ``, except in the impeachment 
                trial of the President or the Vice President, upon whom 
                the powers and duties of the Office of President shall 
                have devolved,'' before ``he may at his option''; and
            (2) by adding at the end the following: ``In an impeachment 
        trial of the President or the Vice President, upon whom the 
        powers and the duties of the office of President shall have 
        devolved, the Presiding Officer shall rule on any assertion of 
        privilege or immunity in connection with the production of 
        testimony, documents, or other evidence.''.
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