III 

★(Star Print)

118TH CONGRESS 

2D SESSION S. RES. 623 

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 22, 2024 

Mr. KENNEDY (for himself, Mr. LEE, Mr. CRUZ, Mr. SCHMITT, Mrs. BLACKBURN, and Mr. HAGERTY) submitted the following resolution; which was 

referred to the Committee on Rules and Administration 

RESOLUTION 

To provide for related procedures concerning the articles 

of impeachment against Alejandro Nicholas Mayorkas, 

Secretary of Homeland Security. 

1 Resolved, 

2 SECTION 1. SUMMONS. 

3 (a) IN GENERAL.—Not later than 7 session days fol4 lowing the date on which the articles of impeachment with 

5 respect to Alejandro Nicholas Mayorkas are transmitted, 

6 pursuant to rule III of the Rules of Procedure and Prac7 tice in the Senate When Sitting on Impeachment Trials 

8 (referred to in this resolution as the ‘‘Rules of Impeach9 ment’’), the Senate shall proceed to the consideration of 


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SRES 623 IS1S 

1 the articles of impeachment and the Secretary of the Sen2 ate shall notify the House of Representatives of the time 

3 and place fixed for the Senate to proceed upon the im4 peachment of Alejandro Nicholas Mayorkas in the Senate 

5 Chamber. 

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

7 Rules of Impeachment— 

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

9 form to Alejandro Nicholas Mayorkas, provided that 

10 he may have until 12 p.m. on the date that is 7 ses11 sion days after the date on which the articles of im12 peachment are transmitted, to file his answer with 

13 the Secretary of the Senate; 

14 (2) the House of Representatives may have 

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

16 the date on which the summons is issued under 

17 paragraph (1), to file its replication with the Sec18 retary of the Senate; 

19 (3) if the House of Representatives wishes to 

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

21 date on which the articles of impeachment are trans22 mitted; 

23 (4) if Alejandro Nicholas Mayorkas wishes to 

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


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

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

3 (5) the House of Representatives may file a re4 buttal brief no later than 10 a.m. on the date on 

5 which impeachment proceedings begin. 

6 SEC. 2. IMPEACHMENT. 

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

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

9 will consist of those publicly available materials that have 

10 been submitted to or produced by the Committee on the 

11 Judiciary of the House of Representatives, including tran12 scripts of public hearings or mark-ups and any materials 

13 printed by the House of Representatives or the Committee 

14 on the Judiciary of the House of Representatives pursuant 

15 to House Resolution 863 (118th Congress), agreed to Feb16 ruary 13, 2024. All materials filed pursuant to this sub17 section shall be printed and made available to all parties. 

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

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

20 date on which impeachment proceedings begin to file any 

21 motions permitted under the Rules of Impeachment with 

22 the exception of motions to subpoena witnesses or docu23 ments or any other evidentiary motions. Responses to any 

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

25 date on which impeachment proceedings begin. All mateVerDate Sep 11 2014 00:08 Apr 09, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SR623.IS SR623

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1 rials filed pursuant to this subsection shall be filed with 

2 the Secretary and be printed and made available to all 

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

4 on the date on which impeachment proceedings begin, and 

5 each side may determine the number of persons to make 

6 its presentation, following which the Senate shall delib7 erate, if so ordered under the Rules of Impeachment, and 

8 vote on any such motions. 

9 (c) PRESENTATIONS BY PARTIES.—Following the 

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

11 then the House of Representatives shall make its presen12 tation in support of the articles of impeachment for a pe13 riod of time not to exceed 16 hours, over up to 2 session 

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

15 House of Representatives shall begin its presentation at 

16 12 p.m. on the date on which impeachment proceedings 

17 begin. Following the House of Representatives’ presen18 tation, Alejandro Nicholas Mayorkas shall make his pres19 entation for a period not to exceed 16 hours, over up to 

20 2 session days. Each side may determine the number of 

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

22 right to decide for how many hours it shall make its pres23 entation on each of the up to 2 session days allotted to 

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

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


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1 presentations need not be limited to argument from the 

2 record described in subsection (a). 

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

4 of the period allotted for presentations by the parties as 

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

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

7 not more than 1 session day. 

8 (e) ARGUMENT AND DELIBERATION.—Upon conclu9 sion of the period allotted for Senators’ questions as pro10 vided under subsection (d), there shall be 2 hours of argu11 ment, equally divided between the parties, followed by de12 liberation by the Senate, if so ordered under the Rules 

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

14 in order to consider and debate under the Rules of Im15 peachment any motion to subpoena witnesses or docu16 ments. The Senate, without any intervening action, mo17 tion, or amendment, shall then decide by the yeas and 

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

19 under the Rules of Impeachment any motion to subpoena 

20 witnesses or documents. Following the disposition of that 

21 question, other motions provided under the Rules of Im22 peachment shall be in order. 

23 (f) WITNESSES.— 

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

25 either the House of Representatives or Alejandro 


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1 Nicholas Mayorkas to subpoena witnesses, the wit2 nesses shall first be deposed and the parties shall be 

3 allowed other appropriate discovery. The Senate 

4 shall decide after deposition and other appropriate 

5 discovery which, if any, witnesses shall testify, pur6 suant to the Rules of Impeachment. No testimony 

7 shall be admissible in the Senate unless the parties 

8 have had the opportunity to depose such witnesses 

9 and to conduct other appropriate discovery. 

10 (2) RULES.—If the Senate agrees to allow ei11 ther party to subpoena witnesses, provisions for the 

12 admission of evidence, issuance of subpoenas, ar13 rangements for depositions, other appropriate dis14 covery, testimony by witnesses in the Senate, if such 

15 testimony is ordered by the Senate, and any related 

16 matters are to be determined by subsequent resolu17 tion of the Senate. 

18 (g) MOTION TO ADMIT EVIDENCE.— 

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

20 no party shall be permitted to subpoena witnesses 

21 pursuant to subsection (f), the House of Representa22 tives shall be recognized to make a motion to admit 

23 into evidence the materials relied upon by the House 

24 of Representatives during the trial. The House of 

25 Representatives shall be recognized to make such a 


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

2 Nicholas Mayorkas all materials it will move to 

3 admit into evidence at least 48 hours before making 

4 said motion. Arguments on the motion shall be lim5 ited to 1 hour equally divided. The Senate, without 

6 any intervening action, motion, or amendment, shall 

7 then decide by the yeas and nays whether to admit 

8 into evidence such materials. If a majority of Sen9 ators voting, a quorum being present, shall vote in 

10 the affirmative, the materials shall be admitted into 

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

12 being present, shall vote in the negative, the mate13 rials shall not be admitted into evidence. Alejandro 

14 Nicholas Mayorkas shall then be recognized to make 

15 a motion to admit into evidence the materials relied 

16 upon by him during the trial. Alejandro Nicholas 

17 Mayorkas shall be recognized to make such a mo18 tion, however, only if he has disclosed to the House 

19 of Representatives all materials he will move to 

20 admit into evidence at least 48 hours before making 

21 said motion. Arguments on the motion shall be lim22 ited to 1 hour equally divided. The Senate, without 

23 any intervening action, motion, or amendment, shall 

24 then decide by the yeas and nays whether to admit 

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1 ators voting, a quorum being present, shall vote in 

2 the affirmative, the materials shall be admitted into 

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

4 being present, shall vote in the negative, the mate5 rials shall not be admitted into evidence. 

6 (2) EXCEPTION TO DISCLOSURE REQUIRE7 MENTS.—The disclosure requirements established 

8 under paragraph (1) shall not apply to evidence dis9 covered by the movant after the disclosure deadline, 

10 so long as the movant declares in writing that the 

11 movant was unaware of such evidence until after the 

12 disclosure deadline, and that such evidence could not 

13 reasonably have been discovered until after the dis14 closure deadline. 

15 (3) RULE OF CONSTRUCTION.—The admission 

16 of any evidence pursuant to this subsection shall not 

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

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

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

20 be given such evidence. 

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

22 shall have already voted on the articles of impeachment, 

23 the Senate shall convene as a Court of Impeachment at 

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1 peachment proceedings begin, notwithstanding rule III of 

2 the Rules of Impeachment. 

3 (i) FINAL ARGUMENTS.—Immediately upon the con4 clusion of any action by the Senate under subsection (g), 

5 or immediately upon the next day on which the Senate 

6 reconvenes as a Court of Impeachment after the conclu7 sion of such action, the Senate shall proceed to final argu8 ments as provided in the Rules of Impeachment, waiving 

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

10 Impeachment. Such arguments shall not exceed 4 hours, 

11 equally divided between the parties. 

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

13 provided under subsection (i), the Senate, without inter14 vening action, except for deliberation if so ordered under 

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

16 impeachment. 

Æ 


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