[Congressional Record Volume 170, Number 51 (Friday, March 22, 2024)]
[Senate]
[Pages S2603-S2604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SENATE RESOLUTION 622--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

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

                              S. Res. 622

       Resolved,

     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

[[Page S2604]]

     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.

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