[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 68 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 352
118th CONGRESS
  2d Session
S. J. RES. 68

Providing for the issuance of a summons, providing for the appointment 
  of a committee to receive and to report evidence, and establishing 
   related procedures concerning the articles of impeachment against 
                      Alejandro Nicholas Mayorkas.


_______________________________________________________________________


                   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


 
Providing for the issuance of a summons, providing for the appointment 
  of a committee to receive and to report evidence, and establishing 
   related procedures concerning the articles of impeachment against 
                      Alejandro Nicholas Mayorkas.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SUMMONS.

    (a) In General.--A summons shall be issued which commands Alejandro 
Nicholas Mayorkas to file with the Secretary of the Senate (in this 
resolution referred to as the ``Secretary'') an answer to the articles 
of impeachment with respect to Alejandro Nicholas Mayorkas no later 
than 7 session days after the date on which the articles of impeachment 
are transmitted, and thereafter to abide by, obey, and perform such 
orders, directions, and judgments as the Senate shall make in the 
premises, according to the Constitution and laws of the United States.
    (b) Service.--The Sergeant at Arms and Doorkeeper of the Senate is 
authorized to utilize the services of the Deputy Sergeant at Arms and 
Doorkeeper of the Senate or another employee of the Senate in serving 
the summons.
    (c) Notice of Answer.--The Secretary shall notify the House of 
Representatives of the filing of the answer and shall provide a copy of 
the answer to the House of Representatives.
    (d) Filing of Replication.--The Managers on the part of the House 
of Representatives may file with the Secretary a replication no later 
than 7 session days after the date on which the articles of impeachment 
are transmitted.
    (e) Notice to Counsel.--The Secretary shall notify counsel for 
Alejandro Nicholas Mayorkas of the filing of a replication, and shall 
provide counsel with a copy.
    (f) Delivery and Printing of Answer and Replication; Entry of 
Plea.--The Secretary shall provide the answer and the replication, if 
any, to the Presiding Officer of the Senate on the first day the Senate 
is in session after the Secretary receives them, and the Presiding 
Officer shall cause the answer and replication, if any, to be printed 
in the Senate Journal and in the Congressional Record. If a timely 
answer has not been filed, the Presiding Officer shall cause a plea of 
not guilty to be entered.
    (g) Printing as Senate Document.--The articles of impeachment, the 
answer, and the replication, if any, together with the provisions of 
the Constitution of the United States on impeachment, and the Rules of 
Procedure and Practice in the Senate When Sitting on Impeachment 
Trials, shall be printed under the direction of the Secretary as a 
Senate document.
    (h) Relation to Rules.--The provisions of this section shall govern 
notwithstanding any provisions to the contrary in the Rules of 
Procedure and Practice in the Senate When Sitting on Impeachment 
Trials.
    (i) Motion to Table.--A motion to table the articles of impeachment 
shall not be in order.

SEC. 2. COMMITTEE.

    (a) In General.--Pursuant to rule XI of the Rules of Procedure and 
Practice in the Senate When Sitting on Impeachment Trials (in this 
section referred to as ``rule XI''), not later than 7 session days 
after the date on which the articles of impeachment are transmitted, 
the Presiding Officer shall appoint a committee of 12 Senators to 
perform the duties and to exercise the powers provided for in rule XI 
(in this resolution referred to as the ``committee'').
    (b) Recommendations.--The Majority Leader and Minority Leader, in 
consultation with their respective conference, shall each recommend 6 
members, including a chair and vice chair, respectively, to the 
Presiding Officer for appointment to the committee.
    (c) Authority as a Standing Committee.--The committee shall be 
deemed to be a standing committee of the Senate for the purpose of 
reporting to the Senate resolutions for the criminal or civil 
enforcement of the committee's subpoenas or orders, and for the purpose 
of printing reports, hearings, and other documents for submission to 
the Senate under rule XI.
    (d) Authority to Waive Requirements Relating to Questions.--During 
proceedings conducted under rule XI, the chair of the committee is 
authorized to waive the requirement under the Rules of Procedure and 
Practice in the Senate When Sitting on Impeachment Trials that 
questions by a Senator to a witness, a manager, or counsel shall be 
reduced to writing and put by the Presiding Officer.
    (e) Report.--Not later than 90 calendar days after the date on 
which all members of the committee are appointed under subsection (a), 
the committee shall submit to the Senate a report compiling all 
evidence, exhibits, and witness testimony received by the committee, 
which--
            (1) shall include a certified copy of the transcript of the 
        proceedings had and testimony given before the committee; and
            (2) may include a statement of facts that are uncontested 
        and a summary, with appropriate references to the record, of 
        evidence that the parties have introduced on contested issues 
        of fact.
    (f) Staffing and Expenses.--The actual and necessary expenses of 
the committee, including the employment of staff at an annual rate of 
pay, and the employment of consultants with prior approval of the 
Committee on Rules and Administration at a rate not to exceed the 
maximum daily rate for a standing committee of the Senate, shall be 
paid from the contingent fund of the Senate from the appropriation 
account ``Miscellaneous Items'' upon vouchers approved by the chair of 
the committee, except that no voucher shall be required to pay the 
salary of any employee who is compensated at an annual rate of pay.
    (g) Termination.--The committee shall terminate not later than 45 
calendar days after the pronouncement of judgment by the Senate on the 
articles of impeachment against Alejandro Nicholas Mayorkas.

SEC. 3. CONVENING AS COURT OF IMPEACHMENT.

    At 1 p.m. on the first day on which the Senate is in session after 
the date that is 90 calendar days after the date on which all members 
of the committee established under section 2 are appointed, the Senate 
shall convene as a Court of Impeachment to consider the articles of 
impeachment against Alejandro Nicholas Mayorkas.

SEC. 4. NOTICE.

    The Secretary shall notify the House of Representatives and counsel 
for Alejandro Nicholas Mayorkas of this resolution.




                                                       Calendar No. 352

118th CONGRESS

  2d Session

                             S. J. RES. 68

_______________________________________________________________________

                            JOINT RESOLUTION

Providing for the issuance of a summons, providing for the appointment 
  of a committee to receive and to report evidence, and establishing 
   related procedures concerning the articles of impeachment against 
                      Alejandro Nicholas Mayorkas.

_______________________________________________________________________

                             April 8, 2024

            Read the second time and placed on the calendar