III 

116TH CONGRESS 

2D SESSION S. RES. 501 

Amending the Rules of Procedure and Practice in the Senate When Sitting 

on Impeachment Trials to ensure adequate access to witnesses and documents in impeachment trials of a President or Vice President, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2020 

Mr. MERKLEY (for himself and Mr. VAN HOLLEN) submitted the following 

resolution; which was referred to the Committee on Rules and Administration 

RESOLUTION 

Amending the Rules of Procedure and Practice in the Senate 

When Sitting on Impeachment Trials to ensure adequate 

access to witnesses and documents in impeachment trials 

of a President or Vice President, and for other purposes. 

1 Resolved, 

2 SECTION 1. WITNESSES AND DOCUMENTS IN IMPEACH3 MENT TRIALS OF A PRESIDENT OR VICE 

4 PRESIDENT. 

5 (a) IN GENERAL.—The Rules of Procedure and Prac6 tice in the Senate When Sitting on Impeachment Trials 

7 are amended by adding at the end the following: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•SRES 501 IS 

1 ‘‘XXVII. In an impeachment trial of the President 

2 or the Vice President, upon whom the powers and duties 

3 of the Office of President shall have devolved, each party 

4 may move to issue 1 or more subpoenas to obtain testi5 mony from witnesses. If the Presiding Officer determines 

6 the testimony of a witness for whom a subpoena is sought 

7 is material and relevant to the impeachment trial and not 

8 redundant, the Presiding Officer, through the Secretary 

9 of the Senate, shall issue a subpoena for the taking of 

10 testimony of the witness. A Senator may raise a point of 

11 order that a subpoena for the taking of testimony of a 

12 witness should not be issued. If a point of order is raised, 

13 the Presiding Officer shall submit the point of order to 

14 a vote of the Senate without debate. A vote under this 

15 Rule shall be taken in accordance with the Standing Rules 

16 of the Senate. 

17 ‘‘XXVIII. In an impeachment trial of the President 

18 or the Vice President, upon whom the powers and duties 

19 of the Office of President shall have devolved, each party 

20 may move to issue 1 or more subpoenas to obtain docu21 ments. If the Presiding Officer determines the documents 

22 for which a subpoena is sought are material and relevant 

23 to the impeachment trial and not redundant, the Presiding 

24 Officer, through the Secretary of the Senate, shall issue 

25 a subpoena requiring production of the documents. A SenVerDate Sep 11 2014 01:10 Feb 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SR501.IS SR501

pamtmann on DSKBC07HB2PROD with BILLS
3 

•SRES 501 IS 

1 ator may raise a point of order that a subpoena requiring 

2 production of the documents should not be issued. If a 

3 point of order is raised, the Presiding Officer shall submit 

4 the point of order to a vote of the Senate without debate. 

5 A vote under this Rule shall be taken in accordance with 

6 the Standing Rules of the Senate. 

7 ‘‘XXIX. It shall not be in order to consider a resolu8 tion or motion establishing procedures for an impeach9 ment trial, or an amendment thereto, that would modify, 

10 supersede, waive, or be inconsistent with any portion of 

11 Rule VII, XXVII, or XXVIII.’’. 

12 (b) EVIDENTIARY QUESTIONS.—Rule VII of the 

13 Rules of Procedure and Practice in the Senate When Sit14 ting on Impeachment Trials is amended— 

15 (1) in the second sentence— 

16 (A) by striking ‘‘may rule’’ and inserting 

17 ‘‘shall rule’’; and 

18 (B) by inserting ‘‘, except in the impeach19 ment trial of the President or the Vice Presi20 dent, upon whom the powers and duties of the 

21 Office of President shall have devolved,’’ before 

22 ‘‘he may at his option’’; and 

23 (2) by adding at the end the following: ‘‘In an 

24 impeachment trial of the President or the Vice 

25 President, upon whom the powers and the duties of 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•SRES 501 IS 

1 the office of President shall have devolved, the Pre2 siding Officer shall rule on any assertion of privilege 

3 or immunity in connection with the production of 

4 testimony, documents, or other evidence.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS