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[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>
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