[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 4 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
S. RES. 4

 To limit certain uses of the filibuster in the Senate to improve the 
                          legislative process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 3, 2013

  Mr. Udall of New Mexico (for himself, Mr. Merkley, and Mr. Harkin) 
submitted the following resolution; which was ordered to lie over under 
                                the rule

_______________________________________________________________________

                               RESOLUTION


 
 To limit certain uses of the filibuster in the Senate to improve the 
                          legislative process.

    Resolved,

SECTION 1. MOTIONS TO PROCEED.

    Paragraph 1 of rule XXII of the Standing Rules of the Senate is 
amended by inserting at the end the following new paragraph:
    ``Other than a motion made during the first 2 hours of a new 
legislative day as described in paragraph 2 of rule VIII, consideration 
of a motion to proceed to the consideration of any debatable matter, 
including debate on any debatable motion or appeal in connection 
therewith, shall be limited to not more than 2 hours, to be equally 
divided between, and controlled by, the Majority Leader and the 
Minority Leader or their designees. This paragraph shall not apply to 
motions considered nondebatable by the Senate pursuant to rule or 
precedent.''.

SEC. 2. 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 if that question shall be decided in the affirmative by 
three-fifths of the Senators duly chosen and sworn, except on a measure 
or motion to amend the Senate rules, in which case the necessary 
affirmative vote shall be two-thirds of the Senators voting, 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, but less than 
three-fifths of the Senators duly chosen and sworn (or 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.''.

SEC. 3. POST-CLOTURE DEBATE ON NOMINATIONS.

    Paragraph 2 of rule XXII of the Standing Rules of the Senate is 
amended by striking ``After no more than thirty hours of consideration 
of the measure, motion, or other matter on which cloture has been 
invoked, the Senate shall proceed, without any further debate on any 
question, to vote on'' in the fourth undesignated paragraph and 
inserting ``After no more than 30 hours of consideration of the 
measure, motion, or other matter on which cloture has been invoked, 
except on the question of advice and consent to a nomination other than 
a nomination to a position as Justice of the Supreme Court in which 
case consideration shall be limited to 2 hours, the Senate shall 
proceed, without any further debate on any question, to vote on''.

SEC. 4. CONFERENCE MOTIONS.

    Rule XXVIII of the Standing Rules of the Senate is amended by--
            (1) redesignating paragraphs 1 through 9 as paragraphs 2 
        through 10, respectively;
            (2) redesignating any reference to paragraphs 1 through 9 
        as paragraph 2 through 10, respectively; and
            (3) inserting before paragraph 2, as redesignated, the 
        following:
    ``1. A nondivisible motion to disagree to a House amendment or 
insist upon a Senate amendment, to request a committee of conference 
with the House or to agree to a request by the House for a committee of 
conference, and to authorize the Presiding Officer to appoint conferees 
(or to appoint conferees), is in order and consideration of such a 
motion, including consideration of any debatable motion or appeal in 
connection therewith, shall be limited to not more than 2 hours.''.
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