III 

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. 

1 Resolved, 

2 SECTION 1. SHORT TITLE. 

3 This resolution may be cited as the ‘‘Shutdown Ac4 countability Resolution’’. 

5 SEC. 2. PROCEEDINGS OF THE SENATE DURING A FULL OR 

6 PARTIAL GOVERNMENT SHUTDOWN. 

7 (a) DEFINITIONS.—In this section— 

8 (1) the term ‘‘Government shutdown’’ means a 

9 lapse in appropriations for 1 or more agencies of the 

10 Federal Government; and 


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•SRES 364 IS 

1 (2) the term ‘‘Sergeant at Arms’’ means the 

2 Sergeant at Arms and Doorkeeper of the Senate. 

3 (b) CONVENING OF THE SENATE.— 

4 (1) IN GENERAL.—Notwithstanding any rule or 

5 order of the Senate, during the period of a Govern6 ment shutdown— 

7 (A) the Senate shall convene at 8:00 a.m. 

8 each day, unless the body is in continuous ses9 sion; and 

10 (B) it shall not be in order to ask for, and 

11 the Presiding Officer shall not entertain a re12 quest for, unanimous consent to change the 

13 hour or day on which the Senate shall convene 

14 under subparagraph (A). 

15 (2) SENATE NOT IN SESSION.—If the Senate is 

16 not in session on the first calendar day of a Govern17 ment shutdown, the majority leader, after consulta18 tion with the minority leader, shall notify Members 

19 of the Senate that, pursuant to this standing order, 

20 the Senate shall convene at 8:00 a.m. on the next 

21 calendar day of the Government shutdown. 

22 (c) PRESENCE OF A QUORUM.— 

23 (1) IN GENERAL.—During the period of a Gov24 ernment shutdown, and notwithstanding any provi25 sion of the Standing Rules of the Senate— 


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•SRES 364 IS 

1 (A) immediately after the Presiding Officer 

2 takes the chair in accordance with rule IV of 

3 the Standing Rules of the Senate, the Presiding 

4 Officer shall direct the Clerk to call the roll to 

5 ascertain the presence of a quorum; and 

6 (B) 1 hour after the presence of a quorum 

7 has last been demonstrated, the Presiding Offi8 cer shall direct the Clerk to call the roll to as9 certain the presence of a quorum. 

10 (2) LACK OF QUORUM.— 

11 (A) IN GENERAL.—If, upon a calling of the 

12 roll under paragraph (1), it shall be ascertained 

13 that a quorum is not present— 

14 (i) the Presiding Officer shall direct 

15 the Clerk to call the names of any absent 

16 Senators; and 

17 (ii) following the calling of the names 

18 under clause (i), the Presiding Officer 

19 shall, without intervening motion or de20 bate, submit to the Senate by a yea-and21 nay vote the question: ‘‘Shall the Sergeant 

22 at Arms and Doorkeeper of the Senate be 

23 directed to request the attendance of ab24 sent Senators?’’. 


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•SRES 364 IS 

1 (B) DIRECTION TO COMPEL ATTEND2 ANCE.—If a quorum is not present 15 minutes 

3 after the time at which the vote on a question 

4 submitted under subparagraph (A)(ii) starts, 

5 the Presiding Officer shall, without intervening 

6 motion or debate, submit to the Senate by a 

7 yea-and-nay vote the question: ‘‘Shall the Ser8 geant at Arms and Doorkeeper of the Senate be 

9 directed to compel the attendance of absent 

10 Senators?’’. 

11 (C) ARREST OF ABSENT SENATORS.—Ef12 fective 1 hour after the Sergeant at Arms is di13 rected to compel the attendance of absent Sen14 ators under subparagraph (B), if any Senator 

15 not excused under rule XII of the Standing 

16 Rules of the Senate is not in attendance, the 

17 Senate shall be deemed to have agreed an order 

18 that reads as follows: ‘‘Ordered, That the Ser19 geant at Arms and Doorkeeper of the Senate be 

20 directed to arrest absent Senators; that war21 rants for the arrests of all Senators not sick 

22 nor excused be issued under the signature of 

23 the Presiding Officer and attested by the Sec24 retary, and that such warrants be executed 

25 without delay.’’. 


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•SRES 364 IS 

1 (D) REPORTS.—Not less frequently than 

2 once per hour during proceedings to compel the 

3 attendance of absent Senators, the Sergeant at 

4 Arms shall submit to the Senate a report on ab5 sent Senators, which shall— 

6 (i) be laid before the Senate; 

7 (ii) identify each Senator whose ab8 sence is excused; 

9 (iii) identify each Senator who is ab10 sent without excuse; and 

11 (iv) for each Senator identified under 

12 clause (iii), provide information on the cur13 rent location of the Senator. 

14 (3) REGAINING THE FLOOR.—If a Senator had 

15 been recognized to speak at the time a call of the 

16 roll to ascertain the presence of a quorum was initi17 ated under paragraph (2)(A), and if the presence of 

18 a quorum is established, that Senator shall be enti19 tled to be recognized to speak. 

20 (d) ADJOURNING AND RECESSING.—During the pe21 riod of a Government shutdown— 

22 (1) a motion to adjourn or to recess the Senate 

23 shall be decided by a yea-or-nay vote; 

24 (2) if a quorum is present, the Presiding Offi25 cer shall not entertain a request to adjourn or recess 


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•SRES 364 IS 

1 the Senate by unanimous consent or to vitiate the 

2 yeas and nays on such a motion by unanimous con3 sent; 

4 (3) a motion to adjourn or a motion to recess 

5 made during the period beginning at 8:00 a.m. and 

6 ending at 11:59 p.m., shall only be agreed to upon 

7 an affirmative vote of two-thirds of the Senators 

8 present and voting, a quorum being present; and 

9 (4) if the Senate must adjourn due to the ab10 sence of a quorum, the Senate shall reconvene 2 

11 hours after the time at which it adjourns and ascer12 tain the presence of a quorum in accordance with 

13 subsection (c)(1). 

14 (e) NO SUSPENSION OF REQUIREMENTS.—The Pre15 siding Officer may not entertain a request to suspend the 

16 operation of this standing order by unanimous consent or 

17 motion. 

18 (f) CONSISTENCY WITH SENATE EMERGENCY PRO19 CEDURES AND PRACTICES.—Nothing in this standing 

20 order shall be construed in a manner that is inconsistent 

21 with S. Res. 296 (108th Congress) or any other emergency 

22 procedures or practices of the Senate. 

23 (g) STANDING ORDER.—This section shall be a 

24 standing order of the Senate. 

Æ 


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