[Congressional Record Volume 170, Number 51 (Friday, March 22, 2024)]
[Senate]
[Pages S2605-S2606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 624--TO PROVIDE FOR RELATED PROCEDURES CONCERNING THE 
ARTICLES OF IMPEACHMENT AGAINST ALEJANDRO NICHOLAS MAYORKAS, SECRETARY 
                          OF HOMELAND SECURITY

  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:

                              S. Res. 624

     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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