[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 67 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 351
118th CONGRESS
2d Session
S. J. RES. 67
To provide for related procedures concerning the articles of
impeachment against Alejandro Nicholas Mayorkas, Secretary of Homeland
Security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23 (legislative day, March 22), 2024
Mr. Lee introduced the following joint resolution; which was read the
first time
April 8, 2024
Read the second time and placed on the calendar
_______________________________________________________________________
JOINT RESOLUTION
To provide for related procedures concerning the articles of
impeachment against Alejandro Nicholas Mayorkas, Secretary of Homeland
Security.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SUMMONS.
(a) In General.--Not later than 7 session days following the date
on which the articles of impeachment with respect to Alejandro Nicholas
Mayorkas are transmitted, pursuant to rule III of the Rules of
Procedure and Practice in the Senate When Sitting on Impeachment Trials
(referred to in this resolution as the ``Rules of Impeachment''), the
Senate shall proceed to the consideration of the articles of
impeachment and the Secretary of the Senate shall notify the House of
Representatives of the time and place fixed for the Senate to proceed
upon the impeachment of Alejandro Nicholas Mayorkas in the Senate
Chamber.
(b) Summons and Filings.--Under rule VIII of the Rules of
Impeachment--
(1) the summons shall be issued in the usual form to
Alejandro Nicholas Mayorkas, provided that he may have until 12
p.m. on the date that is 7 session days after the date on which
the articles of impeachment are transmitted, to file his answer
with the Secretary of the Senate;
(2) the House of Representatives may have until 12 p.m. on
the date that is 7 session days after the date on which the
summons is issued under paragraph (1), to file its replication
with the Secretary of the Senate;
(3) if the House of Representatives wishes to file a trial
brief, it shall be filed by 10 a.m. on the date on which the
articles of impeachment are transmitted;
(4) if Alejandro Nicholas Mayorkas wishes to file a trial
brief, it shall be filed by 10 a.m. on the date that is 7
session days after the date on which the summons is issued
under paragraph (1); and
(5) the House of Representatives may file a rebuttal brief
no later than 10 a.m. on the date on which impeachment
proceedings begin.
SEC. 2. IMPEACHMENT.
(a) In General.--The House of Representatives shall file its record
with the Secretary of the Senate, which will consist of those publicly
available materials that have been submitted to or produced by the
Committee on the Judiciary of the House of Representatives, including
transcripts of public hearings or mark-ups and any materials printed by
the House of Representatives or the Committee on the Judiciary of the
House of Representatives pursuant to House Resolution 863 (118th
Congress), agreed to February 13, 2024. All materials filed pursuant to
this subsection shall be printed and made available to all parties.
(b) Motions.--Alejandro Nicholas Mayorkas and the House of
Representatives shall have until 9 a.m. on the date on which
impeachment proceedings begin to file any motions permitted under the
Rules of Impeachment with the exception of motions to subpoena
witnesses or documents or any other evidentiary motions. Responses to
any such motions shall be filed no later than 11 a.m. on the date on
which impeachment proceedings begin. All materials filed pursuant to
this subsection shall be filed with the Secretary and be printed and
made available to all parties. Arguments on such motions shall begin at
12 p.m. on the date on which impeachment proceedings begin, and each
side may determine the number of persons to make its presentation,
following which the Senate shall deliberate, if so ordered under the
Rules of Impeachment, and vote on any such motions.
(c) Presentations by Parties.--Following the disposition of such
motions, or if no motions are made, then the House of Representatives
shall make its presentation in support of the articles of impeachment
for a period of time not to exceed 16 hours, over up to 2 session days.
If no motions are made under subsection (b), the House of
Representatives shall begin its presentation at 12 p.m. on the date on
which impeachment proceedings begin. Following the House of
Representatives' presentation, Alejandro Nicholas Mayorkas shall make
his presentation for a period not to exceed 16 hours, over up to 2
session days. Each side may determine the number of persons to make its
presentation. Each side shall have the right to decide for how many
hours it shall make its presentation on each of the up to 2 session
days allotted to it, except that neither side shall make its
presentation for more than 8 hours on any single session day. The
parties' presentations need not be limited to argument from the record
described in subsection (a).
(d) Period of Questioning.--Upon the conclusion of the period
allotted for presentations by the parties as provided under subsection
(c), Senators may question the parties for a period of time not to
exceed 4 hours over not more than 1 session day.
(e) Argument and Deliberation.--Upon conclusion of the period
allotted for Senators' questions as provided under subsection (d),
there shall be 2 hours of argument, equally divided between the
parties, followed by deliberation by the Senate, if so ordered under
the Rules of Impeachment, on the question of whether it shall be in
order to consider and debate under the Rules of Impeachment any motion
to subpoena witnesses or documents. The Senate, without any intervening
action, motion, or amendment, shall then decide by the yeas and nays
whether it shall be in order to consider and debate under the Rules of
Impeachment any motion to subpoena witnesses or documents. Following
the disposition of that question, other motions provided under the
Rules of Impeachment shall be in order.
(f) Witnesses.--
(1) In general.--If the Senate agrees to allow either the
House of Representatives or Alejandro Nicholas Mayorkas to
subpoena witnesses, the witnesses shall first be deposed and
the parties shall be allowed other appropriate discovery. The
Senate shall decide after deposition and other appropriate
discovery which, if any, witnesses shall testify, pursuant to
the Rules of Impeachment. No testimony shall be admissible in
the Senate unless the parties have had the opportunity to
depose such witnesses and to conduct other appropriate
discovery.
(2) Rules.--If the Senate agrees to allow either party to
subpoena witnesses, provisions for the admission of evidence,
issuance of subpoenas, arrangements for depositions, other
appropriate discovery, testimony by witnesses in the Senate, if
such testimony is ordered by the Senate, and any related
matters are to be determined by subsequent resolution of the
Senate.
(g) Motion to Admit Evidence.--
(1) In general.--If the Senate decides that no party shall
be permitted to subpoena witnesses pursuant to subsection (f),
the House of Representatives shall be recognized to make a
motion to admit into evidence the materials relied upon by the
House of Representatives during the trial. The House of
Representatives shall be recognized to make such a motion,
however, only if it has disclosed to Alejandro Nicholas
Mayorkas all materials it will move to admit into evidence at
least 48 hours before making said motion. Arguments on the
motion shall be limited to 1 hour equally divided. The Senate,
without any intervening action, motion, or amendment, shall
then decide by the yeas and nays whether to admit into evidence
such materials. If a majority of Senators voting, a quorum
being present, shall vote in the affirmative, the materials
shall be admitted into evidence. If a majority of Senators
voting, a quorum being present, shall vote in the negative, the
materials shall not be admitted into evidence. Alejandro
Nicholas Mayorkas shall then be recognized to make a motion to
admit into evidence the materials relied upon by him during the
trial. Alejandro Nicholas Mayorkas shall be recognized to make
such a motion, however, only if he has disclosed to the House
of Representatives all materials he will move to admit into
evidence at least 48 hours before making said motion. Arguments
on the motion shall be limited to 1 hour equally divided. The
Senate, without any intervening action, motion, or amendment,
shall then decide by the yeas and nays whether to admit into
evidence such materials. If a majority of Senators voting, a
quorum being present, shall vote in the affirmative, the
materials shall be admitted into evidence. If a majority of
Senators voting, a quorum being present, shall vote in the
negative, the materials shall not be admitted into evidence.
(2) Exception to disclosure requirements.--The disclosure
requirements established under paragraph (1) shall not apply to
evidence discovered by the movant after the disclosure
deadline, so long as the movant declares in writing that the
movant was unaware of such evidence until after the disclosure
deadline, and that such evidence could not reasonably have been
discovered until after the disclosure deadline.
(3) Rule of construction.--The admission of any evidence
pursuant to this subsection shall not be treated as a
concession by any party as to the truth of the matter asserted
by the parties, and the Senate as the trier of fact shall
decide the weight to be given such evidence.
(h) Convening on Sunday.--Unless the Senate shall have already
voted on the articles of impeachment, the Senate shall convene as a
Court of Impeachment at 2 p.m. on the Sunday following the date on
which impeachment proceedings begin, notwithstanding rule III of the
Rules of Impeachment.
(i) Final Arguments.--Immediately upon the conclusion of any action
by the Senate under subsection (g), or immediately upon the next day on
which the Senate reconvenes as a Court of Impeachment after the
conclusion of such action, the Senate shall proceed to final arguments
as provided in the Rules of Impeachment, waiving the 2-person rule
contained in rule XXII of the Rules of Impeachment. Such arguments
shall not exceed 4 hours, equally divided between the parties.
(j) Vote.--At the conclusion of final arguments as provided under
subsection (i), the Senate, without intervening action, except for
deliberation if so ordered under the Rules of Impeachment, shall vote
on the articles of impeachment.
Calendar No. 351
118th CONGRESS
2d Session
S. J. RES. 67
_______________________________________________________________________
JOINT RESOLUTION
To provide for related procedures concerning the articles of
impeachment against Alejandro Nicholas Mayorkas, Secretary of Homeland
Security.
_______________________________________________________________________
April 8, 2024
Read the second time and placed on the calendar