[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 624 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. RES. 624
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. Lee (for himself, Mr. Kennedy, Mr. Schmitt, Mrs. Blackburn, Mr.
Cruz, 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.--
(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.
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