IIA 

Calendar No. 351 

118TH CONGRESS 

2D SESSION S. J. RES. 67 

To provide for related procedures concerning the articles of impeachment 

against Alejandro Nicholas Mayorkas, Secretary of Homeland Security. 

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 

To provide for related procedures concerning the articles 

of impeachment against Alejandro Nicholas Mayorkas, 

Secretary of Homeland Security. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. SUMMONS. 

4 (a) IN GENERAL.—Not later than 7 session days fol5 lowing the date on which the articles of impeachment with 

6 respect to Alejandro Nicholas Mayorkas are transmitted, 

7 pursuant to rule III of the Rules of Procedure and PracVerDate Sep 11 2014 00:25 Apr 09, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ67.PCS SJ67

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1 tice in the Senate When Sitting on Impeachment Trials 

2 (referred to in this resolution as the ‘‘Rules of Impeach3 ment’’), the Senate shall proceed to the consideration of 

4 the articles of impeachment and the Secretary of the Sen5 ate shall notify the House of Representatives of the time 

6 and place fixed for the Senate to proceed upon the im7 peachment of Alejandro Nicholas Mayorkas in the Senate 

8 Chamber. 

9 (b) SUMMONS AND FILINGS.—Under rule VIII of the 

10 Rules of Impeachment— 

11 (1) the summons shall be issued in the usual 

12 form to Alejandro Nicholas Mayorkas, provided that 

13 he may have until 12 p.m. on the date that is 7 ses14 sion days after the date on which the articles of im15 peachment are transmitted, to file his answer with 

16 the Secretary of the Senate; 

17 (2) the House of Representatives may have 

18 until 12 p.m. on the date that is 7 session days after 

19 the date on which the summons is issued under 

20 paragraph (1), to file its replication with the Sec21 retary of the Senate; 

22 (3) if the House of Representatives wishes to 

23 file a trial brief, it shall be filed by 10 a.m. on the 

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


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1 (4) if Alejandro Nicholas Mayorkas wishes to 

2 file a trial brief, it shall be filed by 10 a.m. on the 

3 date that is 7 session days after the date on which 

4 the summons is issued under paragraph (1); and 

5 (5) the House of Representatives may file a re6 buttal brief no later than 10 a.m. on the date on 

7 which impeachment proceedings begin. 

8 SEC. 2. IMPEACHMENT. 

9 (a) IN GENERAL.—The House of Representatives 

10 shall file its record with the Secretary of the Senate, which 

11 will consist of those publicly available materials that have 

12 been submitted to or produced by the Committee on the 

13 Judiciary of the House of Representatives, including tran14 scripts of public hearings or mark-ups and any materials 

15 printed by the House of Representatives or the Committee 

16 on the Judiciary of the House of Representatives pursuant 

17 to House Resolution 863 (118th Congress), agreed to Feb18 ruary 13, 2024. All materials filed pursuant to this sub19 section shall be printed and made available to all parties. 

20 (b) MOTIONS.—Alejandro Nicholas Mayorkas and the 

21 House of Representatives shall have until 9 a.m. on the 

22 date on which impeachment proceedings begin to file any 

23 motions permitted under the Rules of Impeachment with 

24 the exception of motions to subpoena witnesses or docu25 ments or any other evidentiary motions. Responses to any 


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1 such motions shall be filed no later than 11 a.m. on the 

2 date on which impeachment proceedings begin. All mate3 rials filed pursuant to this subsection shall be filed with 

4 the Secretary and be printed and made available to all 

5 parties. Arguments on such motions shall begin at 12 p.m. 

6 on the date on which impeachment proceedings begin, and 

7 each side may determine the number of persons to make 

8 its presentation, following which the Senate shall delib9 erate, if so ordered under the Rules of Impeachment, and 

10 vote on any such motions. 

11 (c) PRESENTATIONS BY PARTIES.—Following the 

12 disposition of such motions, or if no motions are made, 

13 then the House of Representatives shall make its presen14 tation in support of the articles of impeachment for a pe15 riod of time not to exceed 16 hours, over up to 2 session 

16 days. If no motions are made under subsection (b), the 

17 House of Representatives shall begin its presentation at 

18 12 p.m. on the date on which impeachment proceedings 

19 begin. Following the House of Representatives’ presen20 tation, Alejandro Nicholas Mayorkas shall make his pres21 entation for a period not to exceed 16 hours, over up to 

22 2 session days. Each side may determine the number of 

23 persons to make its presentation. Each side shall have the 

24 right to decide for how many hours it shall make its pres25 entation on each of the up to 2 session days allotted to 


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1 it, except that neither side shall make its presentation for 

2 more than 8 hours on any single session day. The parties’ 

3 presentations need not be limited to argument from the 

4 record described in subsection (a). 

5 (d) PERIOD OF QUESTIONING.—Upon the conclusion 

6 of the period allotted for presentations by the parties as 

7 provided under subsection (c), Senators may question the 

8 parties for a period of time not to exceed 4 hours over 

9 not more than 1 session day. 

10 (e) ARGUMENT AND DELIBERATION.—Upon conclu11 sion of the period allotted for Senators’ questions as pro12 vided under subsection (d), there shall be 2 hours of argu13 ment, equally divided between the parties, followed by de14 liberation by the Senate, if so ordered under the Rules 

15 of Impeachment, on the question of whether it shall be 

16 in order to consider and debate under the Rules of Im17 peachment any motion to subpoena witnesses or docu18 ments. The Senate, without any intervening action, mo19 tion, or amendment, shall then decide by the yeas and 

20 nays whether it shall be in order to consider and debate 

21 under the Rules of Impeachment any motion to subpoena 

22 witnesses or documents. Following the disposition of that 

23 question, other motions provided under the Rules of Im24 peachment shall be in order. 

25 (f) WITNESSES.— 


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1 (1) IN GENERAL.—If the Senate agrees to allow 

2 either the House of Representatives or Alejandro 

3 Nicholas Mayorkas to subpoena witnesses, the wit4 nesses shall first be deposed and the parties shall be 

5 allowed other appropriate discovery. The Senate 

6 shall decide after deposition and other appropriate 

7 discovery which, if any, witnesses shall testify, pur8 suant to the Rules of Impeachment. No testimony 

9 shall be admissible in the Senate unless the parties 

10 have had the opportunity to depose such witnesses 

11 and to conduct other appropriate discovery. 

12 (2) RULES.—If the Senate agrees to allow ei13 ther party to subpoena witnesses, provisions for the 

14 admission of evidence, issuance of subpoenas, ar15 rangements for depositions, other appropriate dis16 covery, testimony by witnesses in the Senate, if such 

17 testimony is ordered by the Senate, and any related 

18 matters are to be determined by subsequent resolu19 tion of the Senate. 

20 (g) MOTION TO ADMIT EVIDENCE.— 

21 (1) IN GENERAL.—If the Senate decides that 

22 no party shall be permitted to subpoena witnesses 

23 pursuant to subsection (f), the House of Representa24 tives shall be recognized to make a motion to admit 

25 into evidence the materials relied upon by the House 


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1 of Representatives during the trial. The House of 

2 Representatives shall be recognized to make such a 

3 motion, however, only if it has disclosed to Alejandro 

4 Nicholas Mayorkas all materials it will move to 

5 admit into evidence at least 48 hours before making 

6 said motion. Arguments on the motion shall be lim7 ited to 1 hour equally divided. The Senate, without 

8 any intervening action, motion, or amendment, shall 

9 then decide by the yeas and nays whether to admit 

10 into evidence such materials. If a majority of Sen11 ators voting, a quorum being present, shall vote in 

12 the affirmative, the materials shall be admitted into 

13 evidence. If a majority of Senators voting, a quorum 

14 being present, shall vote in the negative, the mate15 rials shall not be admitted into evidence. Alejandro 

16 Nicholas Mayorkas shall then be recognized to make 

17 a motion to admit into evidence the materials relied 

18 upon by him during the trial. Alejandro Nicholas 

19 Mayorkas shall be recognized to make such a mo20 tion, however, only if he has disclosed to the House 

21 of Representatives all materials he will move to 

22 admit into evidence at least 48 hours before making 

23 said motion. Arguments on the motion shall be lim24 ited to 1 hour equally divided. The Senate, without 

25 any intervening action, motion, or amendment, shall 


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1 then decide by the yeas and nays whether to admit 

2 into evidence such materials. If a majority of Sen3 ators voting, a quorum being present, shall vote in 

4 the affirmative, the materials shall be admitted into 

5 evidence. If a majority of Senators voting, a quorum 

6 being present, shall vote in the negative, the mate7 rials shall not be admitted into evidence. 

8 (2) EXCEPTION TO DISCLOSURE REQUIRE9 MENTS.—The disclosure requirements established 

10 under paragraph (1) shall not apply to evidence dis11 covered by the movant after the disclosure deadline, 

12 so long as the movant declares in writing that the 

13 movant was unaware of such evidence until after the 

14 disclosure deadline, and that such evidence could not 

15 reasonably have been discovered until after the dis16 closure deadline. 

17 (3) RULE OF CONSTRUCTION.—The admission 

18 of any evidence pursuant to this subsection shall not 

19 be treated as a concession by any party as to the 

20 truth of the matter asserted by the parties, and the 

21 Senate as the trier of fact shall decide the weight to 

22 be given such evidence. 

23 (h) CONVENING ON SUNDAY.—Unless the Senate 

24 shall have already voted on the articles of impeachment, 

25 the Senate shall convene as a Court of Impeachment at 


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1 2 p.m. on the Sunday following the date on which im2 peachment proceedings begin, notwithstanding rule III of 

3 the Rules of Impeachment. 

4 (i) FINAL ARGUMENTS.—Immediately upon the con5 clusion of any action by the Senate under subsection (g), 

6 or immediately upon the next day on which the Senate 

7 reconvenes as a Court of Impeachment after the conclu8 sion of such action, the Senate shall proceed to final argu9 ments as provided in the Rules of Impeachment, waiving 

10 the 2-person rule contained in rule XXII of the Rules of 

11 Impeachment. Such arguments shall not exceed 4 hours, 

12 equally divided between the parties. 

13 (j) VOTE.—At the conclusion of final arguments as 

14 provided under subsection (i), the Senate, without inter15 vening action, except for deliberation if so ordered under 

16 the Rules of Impeachment, shall vote on the articles of 

17 impeachment. 


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Calendar No. 351 

118TH CONGRESS 

2D SESSION S. J. RES. 67 

JOINT RESOLUTION 

To provide for related procedures concerning the 

olas Mayorkas, Secretary of Homeland Security. articles of impeachment against Alejandro NichAPRIL 8, 2024 

Read the second time and placed on the calendar 


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