[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 68 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 352
118th CONGRESS
2d Session
S. J. RES. 68
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.
_______________________________________________________________________
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.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
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 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.
Calendar No. 352
118th CONGRESS
2d Session
S. J. RES. 68
_______________________________________________________________________
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.
_______________________________________________________________________
April 8, 2024
Read the second time and placed on the calendar