[Congressional Record Volume 170, Number 51 (Friday, March 22, 2024)]
[Senate]
[Pages S2604-S2605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 623--TO PROVIDE FOR RELATED PROCEDURES CONCERNING THE 
ARTICLES OF IMPEACHMENT AGAINST ALEJANDRO NICHOLAS MAYORKAS, SECRETARY 
                          OF HOMELAND SECURITY

  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:

                              S. Res. 623

       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

[[Page S2605]]

     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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