III 111th CONGRESS 2d Session S. RES. 662 IN THE SENATE OF THE UNITED STATES September 28, 2010 Mr. Udall of Colorado submitted the following resolution; which was referred to the Committee on Rules and Administration RESOLUTION To amend the Standing Rules of the Senate to reform the filibuster rules to improve the daily process of the Senate.

Whereas the Senate has operated under the cloture rules for many decades; Whereas there has been a marked increase in the use of the filibuster in recent years; Whereas sweeping, monumental legislation affecting economic recovery, reform of the healthcare system, reform of the financial regulatory system, and many other initiatives all were enacted in the 111th Congress after overcoming filibusters; Whereas both parties have used the filibuster to prevent the passage of controversial legislation; Whereas the Senate rules regarding cloture serve the legitimate purpose of protecting the rights of the minority; Whereas there are many areas where the rules of the Senate have been abused, and can make way for changes that will improve the daily process of the Senate; and Whereas bipartisan cooperation can overcome nearly any obstacle in the United States Senate, changing the Senate rules must also be done with bipartisan cooperation: Now, therefore, be it

1.

Changing vote threshold to present and voting

The second undesignated subparagraph of paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by striking duly chosen and sworn and inserting present and voting.

2.

Motions to proceed

Paragraph 2 of rule VIII of the Standing Rules of the Senate is amended to read as follows: 2.Debate on a motion to proceed to the consideration of any matter, and any debatable motion or appeal in connection therewith, shall be limited to not more than 4 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees except for— (1)a motion to proceed to a proposal to change the Standing Rules which shall be debatable; and (2)a motion to go into executive session to consider a specified item of executive business and a motion to proceed to consider any privileged matter which shall not be debatable. .

3.

No filibuster after complete substitute is agreed to

Paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by inserting at the end the following: If a complete substitute amendment for a measure is agreed to after consideration under cloture, the Senate shall proceed to a final disposition of the measure without intervening action or debate except one quorum call if requested. .

4.

No filibuster related to committees on conference

Rule XXVIII of the Standing Rules of the Senate is amended by inserting at the end the following: 10.(a)Upon the majority leader making a motion to disagree with a House amendment or amendments or insist on a Senate amendment or amendments, request a conference with the House, or agree to the conference requested by the House on the disagreeing votes of the two Houses, and that the chair be authorized to appoint conferees on the part of the Senate, debate on the motion, and any debatable motion or appeal in connection therewith, shall be limited to not more than 4 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (b)A motion made by the majority leader pursuant to subparagraph (a) shall not be divisible and shall not be subject to amendment. .

5.

Time precloture

Paragraph 2 of rule XXII of the Standing Rules of the Senate is amended— (1)in the first subparagraph of paragraph 2, by striking one hour after the Senate meets on the following calendar day but one and inserting 24 hours after the filing of the motion; and (2)in the third undesignated paragraph, by striking the second sentence and inserting Except by unanimous consent, no amendment shall be proposed after the vote to bring the debate to a close, unless it had been submitted in writing to the Journal Clerk 12 hours following the filing of the cloture motion if an amendment in the first degree, and unless it had been so submitted at least 1 hour prior to the beginning of the cloture vote if an amendment in the second degree..

6.

Division of time postcloture

The fourth undesignated subparagraph of paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by inserting (to be equally divided between the majority and the minority) after thirty hours of consideration.

7.

Allowing committees to meet without consent

Paragraph 5 of rule XXVI of the Standing Rules of the Senate is amended by— (1)striking subparagraph (a); and (2)redesignating subparagraphs (b) through (e) as subparagraphs (a) through (d), respectively.

8.

Reading of amendments

Paragraph 1 of rule XV of the Standing Rules of the Senate is amended by inserting at the end the following: (c)The reading of an amendment may be waived by a nondebatable motion if the amendment has been printed in the Congressional Record and available for at least 24 hours before the motion. .

9.

Allowing amendments when amendments pending by a limited motion

Rule XV of the Standing Rules of the Senate is amended by adding at the end the following: 6.(a)If an amendment is pending and except as provided in subparagraph (b), a nondebateable motion shall be in order to set aside any pending amendments in order to offer another germane amendment. No Senator shall offer more than 1 such motion in any calendar day and the Senate shall consider not more than 5 such motions in any calendar day. (b)(1)A nondebateable motion shall be in order to waive the requirement of germaneness under subparagraph (a). (2)A waiver motion under this subparagraph shall require three-fifths of the Senators duly chosen and sworn. (c)An affirmative vote of three-fifths of the Senators duly chosen and sworn shall be required to sustain an appeal of a ruling by the chair on a point of order raised under this paragraph. .