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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 21 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. RES. 21

  To amend the Standing Rules of the Senate to provide procedures for 
                            extended debate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

  Mr. Merkley (for himself and Mr. Udall of New Mexico) submitted the 
   following resolution; which was ordered to lie over under the rule

_______________________________________________________________________

                               RESOLUTION

 
  To amend the Standing Rules of the Senate to provide procedures for 
                            extended debate.

    Resolved,

SECTION 1. EXTENDED DEBATE.

    Paragraph 2 of rule XXII of the Standing Rules of the Senate is 
amended--
            (1) designating the first 3 undesignated paragraphs as 
        subparagraphs (a), (b), and (d), respectively;
            (2) in subparagraph (d), as designated by paragraph (1), by 
        striking ``Thereafter'' and inserting ``If the Senate agrees to 
        bring debate to a close under paragraphs 2 or 3, thereafter''; 
        and
            (3) inserting after subparagraph (b), as designated by 
        paragraph (1), the following:
    ``(c)(1) If the Senate has voted against closing debate on a 
measure, motion, or other matter under subparagraph (b), but a majority 
of senators present and voting have voted to bring debate to a close, 
then the procedures under this subparagraph shall be in order at any 
time, so long as that measure, motion or other matter has continued as 
the only pending business subsequent to the vote against closing 
debate.
    ``(2) Under the circumstances described in clause (1), it shall be 
in order for the Majority Leader or his designee to move to bring 
debate on the pending measure, motion, or other matter to a close on 
the grounds that no Senator seeks recognition to debate the matter. 
Immediately after the motion is made and before putting the question 
thereon, the Presiding Officer shall immediately inquire whether any 
Senator seeks recognition for the purpose of debating the measure, 
motion or other matter on which the Senate had previously voted against 
closing debate under subparagraph (b). If a Senator seeks recognition 
for that purpose, the Presiding Officer shall announce that the Senate 
is proceeding under extended debate, and shall recognize a Senator who 
seeks recognition for debate. After the Presiding Officer's 
announcement under the preceding sentence the Senate shall continue to 
proceed under extended debate subject to the conditions provided in 
clause (3). Notwithstanding rule XIX, Senators may speak more than 
twice on a question during extended debate.
    ``(3)(A) If the Senate enters into extended debate under this 
clause, no dilatory motions, motions to suspend any rule or any part 
thereof, nor dilatory quorum calls shall be entertained.
    ``(B) If during extended debate the proceedings described in either 
subclause (C), (D), or (E) occur and unless the Majority Leader or his 
designee withdraws the motion made under clause (2), the Senate shall 
proceed immediately to vote on that motion or to vote at a time 
designated by the Majority Leader or his designee within the next 4 
calendar days of Senate session. When voted on, that motion shall be 
decided by a majority of Senators chosen and sworn.
    ``(C) If, at any point during extended debate when no Senator is 
recognized, no Senator seeks recognition, the Presiding Officer shall 
renew the inquiry as to whether a Senator seeks recognition and shall 
recognize a Senator who seeks recognition for the purpose of debate. If 
no Senator then seeks recognition (or if no Senator sought recognition 
in response to the Presiding Officer's inquiry under clause (2)), the 
Senate shall dispose of the motion of the Majority Leader (or his 
designee) to bring debate to a close pursuant to clause (2), in the 
manner specified in subclause (B).
    ``(D)(i) If, at any point during extended debate, a Senator raises 
a question of the presence of a quorum, the Presiding Officer shall 
renew the inquiry as to whether a Senator seeks recognition, and shall 
recognize a Senator who seeks recognition for debate.
    ``(ii) If no Senator then seeks recognition for debate--
            ``(I) the Presiding Officer shall direct the Clerk to call 
        the roll;
            ``(II) upon the establishment of a quorum, the Senate shall 
        dispose of the motion of the Majority Leader (or his designee) 
        to bring debate to a close pursuant to clause (2) in the manner 
        specified in subclause (B); and
            ``(III) if the Senate adjourns for lack of a quorum and 
        when the Senate next convenes and the morning hour or any 
        period for morning business is expired or is deemed to be 
        expired, the Senate shall dispose of the motion of the Majority 
        Leader (or his designee) made to bring debate to a close 
        pursuant to clause (2) in the manner specified in subclause 
        (B).
    ``(E)(i) If, at any point during extended debate, a Senator having 
been recognized moves to adjourn, recess, postpone the pending matter, 
or proceed to other business, then unless the motion is made or 
seconded by the Majority Leader or his designee, the Presiding Officer 
shall renew the inquiry as to whether a Senator seeks recognition, and 
shall recognize a Senator who seeks recognition for debate, and said 
motion shall be considered withdrawn. If no Senator then seeks 
recognition for debate, then the Presiding Officer shall immediately 
put the question on the motion offered, unless the vote is delayed as 
provided in item (ii). If the Senate agrees to a motion to adjourn or 
recess it shall resume consideration of the pending measure, motion or 
other matter pending at the time of adjournment or recess when it first 
takes up business after it next reconvenes, and the Senate shall still 
be in a period of extended debate. Upon the negative disposition of the 
motion to adjourn, recess, postpone, or proceed to other business, 
unless such motion was made by the majority leader or his designee, the 
Senate shall dispose of the motion of the Majority Leader (or his 
designee) to bring debate to a close pursuant to clause (2) in the 
manner specified in subclause (B).
    ``(F) During a period of extended debate, the Majority Leader or 
his designee may delay any vote until a designated time within the next 
4 calendar days of Senate session, and any votes ordered or occurring 
thereafter shall likewise be delayed.
    ``(4) If the motion of the Majority Leader to bring debate to a 
close pursuant to clause (3)(B) is agreed to by a majority of Senators 
chosen and sworn, the Presiding Officer shall announce that extended 
debate is ended and that the measure, motion, or other matter pending 
before the Senate shall be the unfinished business to the exclusion of 
all other business until disposed of and further proceedings on the 
measure, motion or other matter shall occur in accordance with 
subparagraph (d). If the Majority Leader withdraws the motion to bring 
debate to a close pursuant to clause (3)(B) or that motion is not 
agreed to by a majority of Senators chosen and sworn the Presiding 
Officer shall announce that extended debate is ended.
    ``(5) If extended debate on a measure, motion or other matter is 
ended under this subparagraph, other than by agreement to the motion 
made by the Majority Leader under clause (4), further consideration of 
the measure, motion or other matter shall occur as otherwise provided 
by the rules, except that if the Senate subsequently again votes 
against closing debate under subparagraph (b), the procedures under 
this subparagraph shall apply.''.
                                 <all>
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