IIA
Calendar No. 352
118th CONGRESS
2d Session
S. J. RES. 68
IN THE SENATE OF THE UNITED STATES
March 23 (legislative day, March 22), 2024
Mr. Lee introduced the following joint resolution; which was read the first time
April 8, 2024
Read the second time and placed on the calendar
JOINT RESOLUTION
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.
Summons
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.
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.
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.
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.
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.
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.
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.
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.
Motion to table
A motion to table the articles of impeachment shall not be in order.
Committee
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
).
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.
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.
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.
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—
shall include a certified copy of the transcript of the proceedings had and testimony given before the committee; and
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.
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.
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.
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.
Notice
The Secretary shall notify the House of Representatives and counsel for Alejandro Nicholas Mayorkas of this resolution.
April 8, 2024
Read the second time and placed on the calendar