[Congressional Record Volume 170, Number 66 (Tuesday, April 16, 2024)]
[Senate]
[Pages S2794-S2795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOTICES OF INTENT TO SUSPEND THE RULES
Mr. CRUZ. Madam President, I submit the following notice in writing:
In accordance with Rule V of the Standing Rules of the Senate, I
hereby give notice in writing that it is my intention to move to
suspend the following: (1) Rule VII, paragraph 2; (2) Rule VIII,
paragraph 2 the phrase ``during the first two hours of a new
legislative day.''; and (3) Rule XIV, paragraph 6 for the purpose of
considering on the same day as introduction an organizing resolution
relating to the impeachment trial of Alejandro N. Mayorkas, Secretary
of Homeland Security, the text of which is as follows:
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 8 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 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
[[Page S2795]]
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.
Mr. SCOTT of Florida. Madam President, I submit the following notice
in writing:
In accordance with Rule V of the Standing Rules of the Senate, I
hereby give notice in writing that it is my intention to move to
suspend Rule XXII, including the availability of a motion to table one
or more of the Articles of Impeachment against Alejandro Mayorkas, for
the purpose of allowing a full trial in which witnesses may be
subpoenaed to testify about the loss of family members to the fentanyl
crisis as a result of Mayorkas's actions that have caused ``the flow of
fentanyl across the border and other dangerous drugs'' to increase
dramatically, as alleged in the first Article of Impeachment against
him.
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