[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 364 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. RES. 364
Relating to proceedings of the Senate in the event of a partial or full
shutdown of the Federal Government.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26 (legislative day, September 22), 2023
Mr. Bennet (for himself and Ms. Ernst) submitted the following
resolution; which was referred to the Committee on Rules and
Administration
_______________________________________________________________________
RESOLUTION
Relating to proceedings of the Senate in the event of a partial or full
shutdown of the Federal Government.
Resolved,
SECTION 1. SHORT TITLE.
This resolution may be cited as the ``Shutdown Accountability
Resolution''.
SEC. 2. PROCEEDINGS OF THE SENATE DURING A FULL OR PARTIAL GOVERNMENT
SHUTDOWN.
(a) Definitions.--In this section--
(1) the term ``Government shutdown'' means a lapse in
appropriations for 1 or more agencies of the Federal
Government; and
(2) the term ``Sergeant at Arms'' means the Sergeant at
Arms and Doorkeeper of the Senate.
(b) Convening of the Senate.--
(1) In general.--Notwithstanding any rule or order of the
Senate, during the period of a Government shutdown--
(A) the Senate shall convene at 8:00 a.m. each day,
unless the body is in continuous session; and
(B) it shall not be in order to ask for, and the
Presiding Officer shall not entertain a request for,
unanimous consent to change the hour or day on which
the Senate shall convene under subparagraph (A).
(2) Senate not in session.--If the Senate is not in session
on the first calendar day of a Government shutdown, the
majority leader, after consultation with the minority leader,
shall notify Members of the Senate that, pursuant to this
standing order, the Senate shall convene at 8:00 a.m. on the
next calendar day of the Government shutdown.
(c) Presence of a Quorum.--
(1) In general.--During the period of a Government
shutdown, and notwithstanding any provision of the Standing
Rules of the Senate--
(A) immediately after the Presiding Officer takes
the chair in accordance with rule IV of the Standing
Rules of the Senate, the Presiding Officer shall direct
the Clerk to call the roll to ascertain the presence of
a quorum; and
(B) 1 hour after the presence of a quorum has last
been demonstrated, the Presiding Officer shall direct
the Clerk to call the roll to ascertain the presence of
a quorum.
(2) Lack of quorum.--
(A) In general.--If, upon a calling of the roll
under paragraph (1), it shall be ascertained that a
quorum is not present--
(i) the Presiding Officer shall direct the
Clerk to call the names of any absent Senators;
and
(ii) following the calling of the names
under clause (i), the Presiding Officer shall,
without intervening motion or debate, submit to
the Senate by a yea-and-nay vote the question:
``Shall the Sergeant at Arms and Doorkeeper of
the Senate be directed to request the
attendance of absent Senators?''.
(B) Direction to compel attendance.--If a quorum is
not present 15 minutes after the time at which the vote
on a question submitted under subparagraph (A)(ii)
starts, the Presiding Officer shall, without
intervening motion or debate, submit to the Senate by a
yea-and-nay vote the question: ``Shall the Sergeant at
Arms and Doorkeeper of the Senate be directed to compel
the attendance of absent Senators?''.
(C) Arrest of absent senators.--Effective 1 hour
after the Sergeant at Arms is directed to compel the
attendance of absent Senators under subparagraph (B),
if any Senator not excused under rule XII of the
Standing Rules of the Senate is not in attendance, the
Senate shall be deemed to have agreed an order that
reads as follows: ``Ordered, That the Sergeant at Arms
and Doorkeeper of the Senate be directed to arrest
absent Senators; that warrants for the arrests of all
Senators not sick nor excused be issued under the
signature of the Presiding Officer and attested by the
Secretary, and that such warrants be executed without
delay.''.
(D) Reports.--Not less frequently than once per
hour during proceedings to compel the attendance of
absent Senators, the Sergeant at Arms shall submit to
the Senate a report on absent Senators, which shall--
(i) be laid before the Senate;
(ii) identify each Senator whose absence is
excused;
(iii) identify each Senator who is absent
without excuse; and
(iv) for each Senator identified under
clause (iii), provide information on the
current location of the Senator.
(3) Regaining the floor.--If a Senator had been recognized
to speak at the time a call of the roll to ascertain the
presence of a quorum was initiated under paragraph (2)(A), and
if the presence of a quorum is established, that Senator shall
be entitled to be recognized to speak.
(d) Adjourning and Recessing.--During the period of a Government
shutdown--
(1) a motion to adjourn or to recess the Senate shall be
decided by a yea-or-nay vote;
(2) if a quorum is present, the Presiding Officer shall not
entertain a request to adjourn or recess the Senate by
unanimous consent or to vitiate the yeas and nays on such a
motion by unanimous consent;
(3) a motion to adjourn or a motion to recess made during
the period beginning at 8:00 a.m. and ending at 11:59 p.m.,
shall only be agreed to upon an affirmative vote of two-thirds
of the Senators present and voting, a quorum being present; and
(4) if the Senate must adjourn due to the absence of a
quorum, the Senate shall reconvene 2 hours after the time at
which it adjourns and ascertain the presence of a quorum in
accordance with subsection (c)(1).
(e) No Suspension of Requirements.--The Presiding Officer may not
entertain a request to suspend the operation of this standing order by
unanimous consent or motion.
(f) Consistency With Senate Emergency Procedures and Practices.--
Nothing in this standing order shall be construed in a manner that is
inconsistent with S. Res. 296 (108th Congress) or any other emergency
procedures or practices of the Senate.
(g) Standing Order.--This section shall be a standing order of the
Senate.
<all>