[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 623 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
S. RES. 623

     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 22, 2024

    Mr. Kennedy (for himself, Mr. Lee, Mr. Cruz, Mr. Schmitt, Mrs. 
 Blackburn, and Mr. Hagerty) submitted the following resolution; which 
       was referred to the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
     To provide for related procedures concerning the articles of 
impeachment against Alejandro Nicholas Mayorkas, Secretary of Homeland 
                               Security.

    Resolved,

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.
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