IIA 

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. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 


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1 SECTION 1. SUMMONS. 

2 (a) IN GENERAL.—A summons shall be issued which 

3 commands Alejandro Nicholas Mayorkas to file with the 

4 Secretary of the Senate (in this resolution referred to as 

5 the ‘‘Secretary’’) an answer to the articles of impeachment 

6 with respect to Alejandro Nicholas Mayorkas no later than 

7 7 session days after the date on which the articles of im8 peachment are transmitted, and thereafter to abide by, 

9 obey, and perform such orders, directions, and judgments 

10 as the Senate shall make in the premises, according to 

11 the Constitution and laws of the United States. 

12 (b) SERVICE.—The Sergeant at Arms and Door13 keeper of the Senate is authorized to utilize the services 

14 of the Deputy Sergeant at Arms and Doorkeeper of the 

15 Senate or another employee of the Senate in serving the 

16 summons. 

17 (c) NOTICE OF ANSWER.—The Secretary shall notify 

18 the House of Representatives of the filing of the answer 

19 and shall provide a copy of the answer to the House of 

20 Representatives. 

21 (d) FILING OF REPLICATION.—The Managers on the 

22 part of the House of Representatives may file with the 

23 Secretary a replication no later than 7 session days after 

24 the date on which the articles of impeachment are trans25 mitted. 


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1 (e) NOTICE TO COUNSEL.—The Secretary shall no2 tify counsel for Alejandro Nicholas Mayorkas of the filing 

3 of a replication, and shall provide counsel with a copy. 

4 (f) DELIVERY AND PRINTING OF ANSWER AND REP5 LICATION; ENTRY OF PLEA.—The Secretary shall provide 

6 the answer and the replication, if any, to the Presiding 

7 Officer of the Senate on the first day the Senate is in 

8 session after the Secretary receives them, and the Pre9 siding Officer shall cause the answer and replication, if 

10 any, to be printed in the Senate Journal and in the Con11 gressional Record. If a timely answer has not been filed, 

12 the Presiding Officer shall cause a plea of not guilty to 

13 be entered. 

14 (g) PRINTING AS SENATE DOCUMENT.—The articles 

15 of impeachment, the answer, and the replication, if any, 

16 together with the provisions of the Constitution of the 

17 United States on impeachment, and the Rules of Proce18 dure and Practice in the Senate When Sitting on Impeach19 ment Trials, shall be printed under the direction of the 

20 Secretary as a Senate document. 

21 (h) RELATION TO RULES.—The provisions of this 

22 section shall govern notwithstanding any provisions to the 

23 contrary in the Rules of Procedure and Practice in the 

24 Senate When Sitting on Impeachment Trials. 


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1 (i) MOTION TO TABLE.—A motion to table the arti2 cles of impeachment shall not be in order. 

3 SEC. 2. COMMITTEE. 

4 (a) IN GENERAL.—Pursuant to rule XI of the Rules 

5 of Procedure and Practice in the Senate When Sitting on 

6 Impeachment Trials (in this section referred to as ‘‘rule 

7 XI’’), not later than 7 session days after the date on which 

8 the articles of impeachment are transmitted, the Presiding 

9 Officer shall appoint a committee of 12 Senators to per10 form the duties and to exercise the powers provided for 

11 in rule XI (in this resolution referred to as the ‘‘com12 mittee’’). 

13 (b) RECOMMENDATIONS.—The Majority Leader and 

14 Minority Leader, in consultation with their respective con15 ference, shall each recommend 6 members, including a 

16 chair and vice chair, respectively, to the Presiding Officer 

17 for appointment to the committee. 

18 (c) AUTHORITY AS A STANDING COMMITTEE.—The 

19 committee shall be deemed to be a standing committee of 

20 the Senate for the purpose of reporting to the Senate reso21 lutions for the criminal or civil enforcement of the commit22 tee’s subpoenas or orders, and for the purpose of printing 

23 reports, hearings, and other documents for submission to 

24 the Senate under rule XI. 


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1 (d) AUTHORITY TO WAIVE REQUIREMENTS RELAT2 ING TO QUESTIONS.—During proceedings conducted 

3 under rule XI, the chair of the committee is authorized 

4 to waive the requirement under the Rules of Procedure 

5 and Practice in the Senate When Sitting on Impeachment 

6 Trials that questions by a Senator to a witness, a man7 ager, or counsel shall be reduced to writing and put by 

8 the Presiding Officer. 

9 (e) REPORT.—Not later than 90 calendar days after 

10 the date on which all members of the committee are ap11 pointed under subsection (a), the committee shall submit 

12 to the Senate a report compiling all evidence, exhibits, and 

13 witness testimony received by the committee, which— 

14 (1) shall include a certified copy of the tran15 script of the proceedings had and testimony given 

16 before the committee; and 

17 (2) may include a statement of facts that are 

18 uncontested and a summary, with appropriate ref19 erences to the record, of evidence that the parties 

20 have introduced on contested issues of fact. 

21 (f) STAFFING AND EXPENSES.—The actual and nec22 essary expenses of the committee, including the employ23 ment of staff at an annual rate of pay, and the employ24 ment of consultants with prior approval of the Committee 

25 on Rules and Administration at a rate not to exceed the 


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1 maximum daily rate for a standing committee of the Sen2 ate, shall be paid from the contingent fund of the Senate 

3 from the appropriation account ‘‘Miscellaneous Items’’ 

4 upon vouchers approved by the chair of the committee, 

5 except that no voucher shall be required to pay the salary 

6 of any employee who is compensated at an annual rate 

7 of pay. 

8 (g) TERMINATION.—The committee shall terminate 

9 not later than 45 calendar days after the pronouncement 

10 of judgment by the Senate on the articles of impeachment 

11 against Alejandro Nicholas Mayorkas. 

12 SEC. 3. CONVENING AS COURT OF IMPEACHMENT. 

13 At 1 p.m. on the first day on which the Senate is 

14 in session after the date that is 90 calendar days after 

15 the date on which all members of the committee estab16 lished under section 2 are appointed, the Senate shall con17 vene as a Court of Impeachment to consider the articles 

18 of impeachment against Alejandro Nicholas Mayorkas. 

19 SEC. 4. NOTICE. 

20 The Secretary shall notify the House of Representa21 tives and counsel for Alejandro Nicholas Mayorkas of this 

22 resolution. 


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Calendar No. 352 

118TH CONGRESS 

2D SESSION S. J. RES. 68 

JOINT RESOLUTION 

Providing for the issuance of a summons, providing 

ment against Alejandro Nicholas Mayorkas. procedures concerning the articles of impeachand to report evidence, and establishing related for the appointment of a committee to receive 

APRIL 8, 2024 

Read the second time and placed on the calendar 


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