IIA 

Calendar No. 353 

118TH CONGRESS 

2D SESSION S. J. RES. 69 

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 00:26 Apr 09, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ69.PCS SJ69

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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.— 

10 (1) HOUSE RECORDS.—The House of Rep11 resentatives shall file its record with the Secretary of 

12 the Senate, which will consist of those publicly avail13 able materials that have been submitted to or pro14 duced by the Committee on the Judiciary of the 

15 House of Representatives, including transcripts of 

16 public hearings or mark-ups and any materials 

17 printed by the House of Representatives or the Com18 mittee on the Judiciary of the House of Representa19 tives pursuant to House Resolution 863 (118th Con20 gress), agreed to February 13, 2024. 

21 (2) ADMISSION INTO EVIDENCE.—Materials in 

22 the record described in paragraph (1) will be admit23 ted into evidence subject to any hearsay, evidentiary, 

24 or other objections that Alejandro Nicholas 


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1 Mayorkas may make after opening presentations are 

2 concluded. 

3 (3) AVAILABILITY TO PARTIES.—All materials 

4 filed pursuant to this subsection shall be printed and 

5 made available to all parties. 

6 (b) MOTIONS.— 

7 (1) IN GENERAL.— 

8 (A) FILING.—Alejandro Nicholas 

9 Mayorkas and the House of Representatives 

10 shall have until 9 a.m. on the date on which im11 peachment proceedings begin to file any mo12 tions permitted under the Rules of Impeach13 ment with the exception of motions to subpoena 

14 witnesses or documents or any other evidentiary 

15 motions. 

16 (B) RESPONSES.—Responses to any mo17 tions filed under subparagraph (A) shall be 

18 filed no later than 11 a.m. on the date on which 

19 impeachment proceedings begin. 

20 (C) AVAILABILITY TO PARTIES.—All mate21 rials filed pursuant to this paragraph shall be 

22 filed with the Secretary of the Senate and be 

23 printed and made available to all parties. 

24 (2) ARGUMENTS.—Arguments on any motions 

25 filed under paragraph (1) shall begin at 1 p.m. on 


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1 the date on which impeachment proceedings begin, 

2 and each side may determine the number of persons 

3 to make its presentation, following which the Senate 

4 shall deliberate, if so ordered under the Rules of Im5 peachment, and vote on any such motions. 

6 (c) IMPEACHMENT.— 

7 (1) PRESENTATIONS BY PARTIES.— 

8 (A) HOUSE OF REPRESENTATIVES.—Fol9 lowing the disposition of such motions, or if no 

10 motions are made, then the House of Rep11 resentatives shall make its presentation in sup12 port of the articles of impeachment for a period 

13 of time not to exceed 24 hours, over up to 3 

14 session days. 

15 (B) SECRETARY OF HOMELAND SECU16 RITY.—Following the House of Representatives’ 

17 presentation, Alejandro Nicholas Mayorkas 

18 shall make his presentation for a period not to 

19 exceed 24 hours, over up to 3 session days. 

20 (C) NUMBER OF PERSONS.—Each side 

21 may determine the number of persons to make 

22 its presentation. 

23 (2) PERIOD OF QUESTIONING.—Upon the con24 clusion of Alejandro Nicholas Mayorkas’s presenVerDate Sep 11 2014 00:26 Apr 09, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SJ69.PCS SJ69

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1 tation, Senators may question the parties for a pe2 riod of time not to exceed 16 hours. 

3 (3) ARGUMENT AND DELIBERATION.— 

4 (A) IN GENERAL.—Upon the conclusion of 

5 questioning by the Senate, there shall be 4 

6 hours of argument by the parties, equally di7 vided, followed by deliberation by the Senate, if 

8 so ordered under the Rules of Impeachment, on 

9 the question of whether it shall be in order to 

10 consider and debate under the Rules of Im11 peachment any motion to subpoena witnesses or 

12 documents. 

13 (B) MOTION TO SUBPOENA WITNESSES OR

14 DOCUMENTS.—The Senate, without any inter15 vening action, motion, or amendment, shall 

16 then decide by the yeas and nays whether it 

17 shall be in order to consider and debate under 

18 the Rules of Impeachment any motion to sub19 poena witnesses or documents. 

20 (4) OTHER MOTIONS.—Following the disposi21 tion of the question under paragraph (3), other mo22 tions provided under the Rules of Impeachment shall 

23 be in order. 

24 (5) WITNESSES.— 


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

2 allow either the House of Representatives or 

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

5 the Senate shall decide after deposition which 

6 witnesses shall testify, pursuant to the Rules of 

7 Impeachment. 

8 (B) DEPOSITION REQUIREMENT.—No tes9 timony shall be admissible in the Senate unless 

10 the parties have had an opportunity to depose 

11 such witnesses. 

12 (6) VOTE.—At the conclusion of the delibera13 tions by the Senate, the Senate shall vote on each 

14 article of impeachment. 


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Calendar No. 353 

118TH CONGRESS 

2D SESSION S. J. RES. 69 

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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