H. Res. 863 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors.

Bill Text

    Text of H. Res. 863 PDF XML

    (as reported)

    H. Rept. 118-372, Book 1 of 4 PDF

    Report from the Committee on Homeland Security to accompany H. Res. 863

    H. Rept. 118-372, Book 2 of 4 PDF

    H. Rept. 118-372, Book 3 of 4 PDF

    H. Rept. 118-372, Book 4 of 4 PDF

    H. Res. 995 PDF XML

    (as introduced)

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 8-4 on Monday, February 5, 2024.

FLOOR ACTION ON H. RES. 996:
Agreed to by a record vote of 216-209, after agreeing to the previous question by a record vote of 215-207, on Tuesday, February 6, 2024.

Managers: Burgess/McGovern

1.

Closed rule for H. Res. 863.

2.

Provides that upon adoption of this resolution, it shall be in order without intervention of any point of order, to consider H. Res. 863.

3.

Provides that the amendment in the nature of a substitute recommended by the Committee on Homeland Security now printed in the resolution shall be considered as adopted.

4.

Provides two hours of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security or their respective designees.

5.

Provides that upon adoption of H. Res. 863, H. Res. 995 is hereby adopted; and further, that no other resolution incidental to impeachment relating to H. Res. 863 shall be privileged during the remainder of the 118th Congress.

6.

Structured rule for H.R. 485.

7.

Waives all points of order against consideration of the bill.

8.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce or their respective designees.

9.

Provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill, modified by the amendment printed in part A of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.

10.

Waives all points of order against provisions in the bill, as amended. 

11.

Makes in order only those amendments printed in part B of the Rules Committee report. Each amendment shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

12.

Waives all points of order against the amendments printed in part B of the Rules Committee report.

13.

Provides one motion to recommit.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 2Thompson (MS)DemocratRevised Inserts statements concerning the lack of due process afforded Secretary Mayorkas during the conduct of the Homeland Security Committee's impeachment proceedings.Revised
2Version 1Ivey (MD)DemocratInserts comments from former Secretary of Homeland Security Michael Chertoff stating that there is no valid basis for the impeachment of Secretary Mayorkas.Submitted
3Version 1Ivey (MD)DemocratInserts comments from George Washington University Law School Professor Jonathan Turley stating that policy differences are not a valid constitutional basis for impeaching Secretary Mayorkas.Submitted
4Version 1Ivey (MD)DemocratInserts text from a letter from 25 constitutional law scholars stating that there is no evidence that constitutes grounds for the impeachment of Secretary Mayorkas based on the constitutional standard for impeachment.Submitted
5Version 1Goldman (NY)DemocratStrikes "scheme" each place it appears.Submitted
6Version 1Ivey (MD)DemocratInserts testimony from Professor Frank O. Bowman, III and Professor Deborah Pearlstein stating that there is no evidence that constitutes grounds for the impeachment of Secretary Mayorkas.Submitted
7Version 1Menendez (NJ)DemocratProvides details on the nature of the sources and witnesses used by Homeland Security Committee Republicans in their investigation.Submitted
8Version 1Jackson Lee (TX)DemocratStrikes Article I of H.Res.863 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security.Submitted

Committee Votes

Rules Committee Record Vote No. 196

Motion by Mr. McGovern to amend the rule to make in order amendment #7 to H. Res. 863, offered by Representative Menendez, which provides details on the nature of the sources and witnesses used by Homeland Security Committee Republicans in their investigation. Defeated: 4–7

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
No Vote
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
No Vote
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 197

Motion by Ms. Scanlon to amend the rule to make in order amendments #2, 3, 4, and 6 to H. Res. 863, offered by Representative Ivey, which insert statements from constitutional scholars and former Homeland Security officials stating that there is no constitutional basis to impeach Secretary Mayorkas. Defeated: 4–8

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
No Vote
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 198

Motion by Ms. Leger Fernández to amend the rule to make in order amendment #1 to H. Res. 863, offered by Representative Thompson (MS), which inserts statements concerning the lack of due process afforded Secretary Mayorkas during the conduct of the Homeland Security Committee's impeachment proceedings. Defeated: 4–8

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
No Vote
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 199

Motion by Mr. Burgess to report the rule. Adopted: 8-4

Majority Member
Vote
Mr. Burgess
Yea
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea
Mr. Massie
Yea
Mr. Norman
Yea
Mr. Roy
Yea
Mrs. Houchin
Yea
Mr. Langworthy
No Vote
Mr. Cole, Chairman
Yea
Minority Member
Vote
Mr. McGovern
Nay
Ms. Scanlon
Nay
Mr. Neguse
Nay
Ms. Leger Fernández
Nay