III 

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, Mr. UDALL of New Mexico, Mr. WHITEHOUSE, 

Mr. ROCKEFELLER, Mr. DURBIN, Mr. LIEBERMAN, Mr. SANDERS, Mrs. 

SHAHEEN, Mr. CASEY, Mr. HARKIN, Mrs. GILLIBRAND, Mrs. HAGAN, 

Mr. FRANKEN, Mr. UDALL of Colorado, Mr. BROWN of Ohio, Ms. 

KLOBUCHAR, Mr. MANCHIN, and Mr. COONS) submitted the following 

resolution; which was ordered to lie over under the rule 

JANUARY 27, 2011 

Considered, amended, and not agreed to; returned to the calendar under over, 

under the rule 

RESOLUTION 

To amend the Standing Rules of the Senate to provide 

procedures for extended debate. 

1 Resolved, 

2 SECTION 1. EXTENDED DEBATE. 

3 Paragraph 2 of rule XXII of the Standing Rules of 

4 the Senate is amended— 


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1 (1) designating the first 3 undesignated para2 graphs as subparagraphs (a), (b), and (d), respec3 tively; 

4 (2) in subparagraph (d), as designated by para5 graph (1), by striking ‘‘Thereafter’’ and inserting 

6 ‘‘If the Senate agrees to bring debate to a close 

7 under subparagraphs (b) or (c), thereafter’’; and 

8 (3) inserting after subparagraph (b), as des9 ignated by paragraph (1), the following: 

10 ‘‘(c)(1) If the Senate has voted against closing debate 

11 on a measure, motion, or other matter under subpara12 graph (b), but a majority of senators present and voting 

13 have voted to bring debate to a close, then the procedures 

14 under this subparagraph shall be in order at any time, 

15 so long as that measure, motion or other matter has con16 tinued as the only pending business subsequent to the vote 

17 against closing debate. 

18 ‘‘(2) Under the circumstances described in clause (1), 

19 it shall be in order for the Majority Leader or his designee 

20 to move to bring debate on the pending measure, motion, 

21 or other matter to a close on the grounds that no Senator 

22 seeks recognition to debate the matter. Immediately after 

23 the motion is made and before putting the question there24 on, the Presiding Officer shall immediately inquire wheth25 er any Senator seeks recognition for the purpose of debatVerDate Mar 15 2010 23:39 Feb 01, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SR21.LTS SR21

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1 ing the measure, motion or other matter on which the Sen2 ate had previously voted against closing debate under sub3 paragraph (b). If a Senator seeks recognition for that pur4 pose, the Presiding Officer shall announce that the Senate 

5 is proceeding under extended debate, and shall recognize 

6 a Senator who seeks recognition for debate. After the Pre7 siding Officer’s announcement under the preceding sen8 tence the Senate shall continue to proceed under extended 

9 debate subject to the conditions provided in clause (3). 

10 Notwithstanding rule XIX, Senators may speak more than 

11 twice on a question during extended debate. 

12 ‘‘(3)(A) If the Senate enters into extended debate 

13 under this clause, no dilatory motions, motions to suspend 

14 any rule or any part thereof, nor dilatory quorum calls 

15 shall be entertained. 

16 ‘‘(B) If during extended debate the proceedings de17 scribed in either subclause (C), (D), or (E) occur and un18 less the Majority Leader or his designee withdraws the 

19 motion made under clause (2), the Senate shall proceed 

20 immediately to vote on that motion or to vote at a time 

21 designated by the Majority Leader or his designee within 

22 the next 4 calendar days of Senate session. When voted 

23 on, that motion shall be decided by a majority of Senators 

24 chosen and sworn. 


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1 ‘‘(C) If, at any point during extended debate when 

2 no Senator is recognized, no Senator seeks recognition, the 

3 Presiding Officer shall renew the inquiry as to whether 

4 a Senator seeks recognition and shall recognize a Senator 

5 who seeks recognition for the purpose of debate. If no Sen6 ator then seeks recognition (or if no Senator sought rec7 ognition in response to the Presiding Officer’s inquiry 

8 under clause (2)), the Senate shall dispose of the motion 

9 of the Majority Leader (or his designee) to bring debate 

10 to a close pursuant to clause (2), in the manner specified 

11 in subclause (B). 

12 ‘‘(D)(i) If, at any point during extended debate, a 

13 Senator raises a question of the presence of a quorum, 

14 the Presiding Officer shall renew the inquiry as to whether 

15 a Senator seeks recognition, and shall recognize a Senator 

16 who seeks recognition for debate. 

17 ‘‘(ii) If no Senator then seeks recognition for de18 bate— 

19 ‘‘(I) the Presiding Officer shall direct the Clerk 

20 to call the roll; 

21 ‘‘(II) upon the establishment of a quorum, the 

22 Senate shall dispose of the motion of the Majority 

23 Leader (or his designee) to bring debate to a close 

24 pursuant to clause (2) in the manner specified in 

25 subclause (B); and 


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1 ‘‘(III) if the Senate adjourns for lack of a 

2 quorum and when the Senate next convenes and the 

3 morning hour or any period for morning business is 

4 expired or is deemed to be expired, the Senate shall 

5 dispose of the motion of the Majority Leader (or his 

6 designee) made to bring debate to a close pursuant 

7 to clause (2) in the manner specified in subclause 

8 (B). 

9 ‘‘(E)(i) If, at any point during extended debate, a 

10 Senator having been recognized moves to adjourn, recess, 

11 postpone the pending matter, or proceed to other business, 

12 then unless the motion is made or seconded by the Major13 ity Leader or his designee, the Presiding Officer shall 

14 renew the inquiry as to whether a Senator seeks recogni15 tion, and shall recognize a Senator who seeks recognition 

16 for debate, and said motion shall be considered withdrawn. 

17 If no Senator then seeks recognition for debate, then the 

18 Presiding Officer shall immediately put the question on 

19 the motion offered, unless the vote is delayed as provided 

20 in subclause (F). 

21 ‘‘(ii) If the Senate agrees to a motion to adjourn or 

22 recess it shall resume consideration of the pending meas23 ure, motion or other matter pending at the time of ad24 journment or recess when it first takes up business after 

25 it next reconvenes, and the Senate shall still be in a period 


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1 of extended debate. Upon the negative disposition of the 

2 motion to adjourn, recess, postpone, or proceed to other 

3 business, unless such motion was made by the majority 

4 leader or his designee, the Senate shall dispose of the mo5 tion of the Majority Leader (or his designee) to bring de6 bate to a close pursuant to clause (2) in the manner speci7 fied in subclause (B). 

8 ‘‘(F) During a period of extended debate, the Major9 ity Leader or his designee may delay any vote until a des10 ignated time within the next 4 calendar days of Senate 

11 session, and any votes ordered or occurring thereafter 

12 shall likewise be delayed. 

13 ‘‘(4) If the motion of the Majority Leader to bring 

14 debate to a close pursuant to clause (3)(B) is agreed to 

15 by a majority of Senators chosen and sworn, the Presiding 

16 Officer shall announce that extended debate is ended and 

17 that the measure, motion, or other matter pending before 

18 the Senate shall be the unfinished business to the exclu19 sion of all other business until disposed of and further pro20 ceedings on the measure, motion or other matter shall 

21 occur in accordance with subparagraph (d). If the Major22 ity Leader withdraws the motion to bring debate to a close 

23 pursuant to clause (3)(B) or that motion is not agreed 

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1 siding Officer shall announce that extended debate is 

2 ended. 

3 ‘‘(5) If extended debate on a measure, motion or 

4 other matter is ended under this subparagraph, other than 

5 by agreement to the motion made by the Majority Leader 

6 under clause (4), further consideration of the measure, 

7 motion or other matter shall occur as otherwise provided 

8 by the rules, except that if the Senate subsequently again 

9 votes against closing debate under subparagraph (b), the 

10 procedures under this subparagraph shall apply.’’. 

Æ 


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