[Congressional Record Volume 169, Number 156 (Tuesday, September 26, 2023)]
[Senate]
[Pages S4684-S4685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 364--RELATING TO PROCEEDINGS OF THE SENATE IN THE 
     EVENT OF A PARTIAL OR FULL SHUTDOWN OF THE FEDERAL GOVERNMENT

  Mr. BENNET (for himself and Ms. Ernst) submitted the following 
resolution; which was referred to the Committee on Rules and 
Administration:

                              S. Res. 364

       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--

[[Page S4685]]

       (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.

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