Title: A resolution modifying extended debate in the Senate to improve the legislative process.
Policy area: Congress

Summary:
This resolution amends Rule XXII (Precedence of Motions) of the Standing Rules of the Senate to modify the rules for extended debate in the Senate, including the procedures for a filibuster and invoking cloture.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 725 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
S. RES. 725

  Modifying extended debate in the Senate to improve the legislative 
                                process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2018

 Mr. Merkley submitted the following resolution; which was referred to 
               the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
  Modifying extended debate in the Senate to improve the legislative 
                                process.

    Resolved,

SECTION 1. EXTENDED DEBATE.

    Paragraph 2 of rule XXII of the Standing Rules of the Senate is 
amended by striking the second undesignated paragraph and inserting the 
following:
    ```Is it the sense of the Senate that the debate shall be brought 
to a close?' And unless that question shall be decided in the negative 
by one more than two-fifths of the Senators duly chosen and sworn 
(except on a measure or motion to amend the Senate rules, in which case 
the necessary vote shall be two-thirds of the Senators present and 
voting in the affirmative, a quorum being present), then cloture has 
been invoked.
    ``If that question is on disposition of a bill or joint resolution, 
a resolution or concurrent resolution, a substitute amendment for a 
bill or resolution, a motion with respect to amendments between the 
Houses, a conference report, or advice and consent to a nomination or 
treaty, and if such question shall be decided in the affirmative by a 
majority of Senators voting, a quorum being present, and in the 
negative by more than two-fifths of the Senators duly chosen and sworn 
(or in the affirmative by less than two-thirds of the Senators voting, 
a quorum being present, in the case of a measure or motion to amend the 
Senate rules), then it shall be in order for the Majority Leader (or 
his or her designee) to initiate a period of extended debate upon the 
measure, motion, or other matter pending before the Senate, or the 
unfinished business, in relation to which the motion to close debate 
was offered, in which case the period of extended debate shall begin 
one hour later.
    ``During a period of extended debate, such measure, motion, or 
other matter pending before the Senate, or the unfinished business, 
shall be the unfinished business to the exclusion of all other 
business, except on action or motion by the Majority Leader (or his or 
her designee).
    ``During a period of extended debate it shall not be in order for a 
Senator other than the Majority Leader (or his or her designee) to 
raise a question as to the presence of a quorum, except immediately 
prior to a vote or when it has been more than forty-eight hours since a 
quorum was demonstrated. If upon a roll call it shall be ascertained 
that a quorum is not present, then the Senate shall adjourn to a time 
previously decided by order of the Senate or, if no such time has been 
established, then to a time certain determined by the Majority Leader, 
after consultation with the Minority Leader.
    ``During a period of extended debate a motion to adjourn or recess 
shall not be in order, unless made by the Majority Leader (or his or 
her designee) or if the absence of a quorum has been demonstrated. 
Notwithstanding paragraph 1 of rule XIX, there shall be no limit to the 
number of times a Senator may speak upon any question during a period 
of extended debate.
    ``If, during the course of extended debate, the Presiding Officer 
puts any question to a vote, the Majority Leader (or his or her 
designee) may postpone any such vote, which shall occur at a time 
determined by the Majority Leader, after consultation with the Minority 
Leader, but not later than the time at which a quorum is next 
demonstrated.
    ``If at any time during a period of extended debate no Senator 
seeks recognition, then the Presiding Officer shall inquire as to 
whether any Senator seeks recognition. If no Senator seeks recognition, 
then the Presiding Officer shall again put the question as to bringing 
debate to a close (and the Majority Leader or his or her designee may 
postpone such vote in accordance with the preceding paragraph), which 
shall be decided without further debate or intervening motion. If that 
question shall be decided in the affirmative by a majority of Senators 
voting, a quorum being present, then cloture has been invoked and the 
period of extended debate has ended. If that question shall be decided 
in the negative by a majority of Senators voting, a quorum being 
present, then the period of extended debate has ended.
    ``If cloture is invoked, then the measure, motion, other matter 
pending before the Senate, or the unfinished business, in relation to 
which the motion to close debate was offered, shall remain the 
unfinished business to the exclusion of all other business until 
disposed of.''.
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