[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S244-S245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 21--TO AMEND THE STANDING RULES OF THE SENATE TO 
                 PROVIDE PROCEDURES FOR EXTENDED DEBATE

  Mr. MERKLEY (for himself and Mr. Udall of New Mexico) submitted the 
following resolution; which was submitted and read:

                               S. Res. 21

       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

[[Page S245]]

     if the Senate subsequently again votes against closing debate 
     under subparagraph (b), the procedures under this 
     subparagraph shall apply.''.

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