[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 69 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 353
118th CONGRESS
  2d Session
S. J. RES. 69

     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.--
            (1) House records.--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.
            (2) Admission into evidence.--Materials in the record 
        described in paragraph (1) will be admitted into evidence 
        subject to any hearsay, evidentiary, or other objections that 
        Alejandro Nicholas Mayorkas may make after opening 
        presentations are concluded.
            (3) Availability to parties.--All materials filed pursuant 
        to this subsection shall be printed and made available to all 
        parties.
    (b) Motions.--
            (1) In general.--
                    (A) Filing.--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.
                    (B) Responses.--Responses to any motions filed 
                under subparagraph (A) shall be filed no later than 11 
                a.m. on the date on which impeachment proceedings 
                begin.
                    (C) Availability to parties.--All materials filed 
                pursuant to this paragraph shall be filed with the 
                Secretary of the Senate and be printed and made 
                available to all parties.
            (2) Arguments.--Arguments on any motions filed under 
        paragraph (1) shall begin at 1 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) Impeachment.--
            (1) Presentations by parties.--
                    (A) House of representatives.--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 24 hours, over up to 
                3 session days.
                    (B) Secretary of homeland security.--Following the 
                House of Representatives' presentation, Alejandro 
                Nicholas Mayorkas shall make his presentation for a 
                period not to exceed 24 hours, over up to 3 session 
                days.
                    (C) Number of persons.--Each side may determine the 
                number of persons to make its presentation.
            (2) Period of questioning.--Upon the conclusion of 
        Alejandro Nicholas Mayorkas's presentation, Senators may 
        question the parties for a period of time not to exceed 16 
        hours.
            (3) Argument and deliberation.--
                    (A) In general.--Upon the conclusion of questioning 
                by the Senate, there shall be 4 hours of argument by 
                the parties, equally divided, 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.
                    (B) 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.
            (4) Other motions.--Following the disposition of the 
        question under paragraph (3), other motions provided under the 
        Rules of Impeachment shall be in order.
            (5) Witnesses.--
                    (A) 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 Senate shall decide 
                after deposition which witnesses shall testify, 
                pursuant to the Rules of Impeachment.
                    (B) Deposition requirement.--No testimony shall be 
                admissible in the Senate unless the parties have had an 
                opportunity to depose such witnesses.
            (6) Vote.--At the conclusion of the deliberations by the 
        Senate, the Senate shall vote on each article of impeachment.




                                                       Calendar No. 353

118th CONGRESS

  2d Session

                             S. J. RES. 69

_______________________________________________________________________

                            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