[Congressional Record Volume 154, Number 74 (Tuesday, May 6, 2008)]
[Senate]
[Pages S3754-S3756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             FILIBUSTERING

  Mr. SPECTER. I want to comment briefly about what I consider the 
disintegration of the standing of the Senate as the world's greatest 
deliberative body. There was a time, when someone wanted to filibuster, 
that they had to stand up and speak. The Democrats brought to the floor 
legislation to alter the Supreme Court decision which cut short the 
statute of limitations on women's pay. I voted for cloture to take up 
that issue. The issue came and went in the course of a few hours one 
day. Under the traditional rules of the Senate, when a matter is 
raised, it is presented. It is argued. If someone opposes and wants to 
object and filibuster, they have to speak.
  The cost of a filibuster today is very cheap. All you have to do is 
say: I am going to filibuster. Then there is a cloture vote, and 60 
votes are not obtained, and the issue goes away.
  That is not the way the Senate has traditionally functioned. If the 
Democrats had been serious about trying to change the rule that the 
Supreme Court handed down, which I thought was a bad decision--bad on 
the law, and it certainly can be changed by legislation--they would 
have argued the matter. They would have compelled opponents to come to 
the Senate floor and oppose the matter. There would have been a public 
debate. Had there been an extended debate, the American people would 
have understood the wrong Supreme Court decision and insisted the 
Congress take corrective action.
  Similarly, we have found the Senate has now been overwhelmed by 
procedural motions on filling the tree which preclude any meaningful, 
traditional Senate approach to our function where Senators should be 
able to offer amendments at any time on any issue. Senator Reid, who 
now has the distinction of having the record on filling the tree the 
most times, has it in heavy competition. Senator Mitchell established a 
new record in the 103rd Congress with nine. Senator Lott tied him in 
the 106th Congress with nine. Senator Frist tied him in the 109th 
Congress with nine. But Senator Reid is now the champion.
  The problem with filling the tree is that Senators are precluded from 
coming to the floor and offering amendments. The American people do not 
understand what is happening in the Senate because nothing is happening 
in the Senate. Last week we had one cloture vote at 5:30 on Monday. We 
didn't vote on Tuesday, Wednesday, Thursday, or Friday--one vote, and 
not a peep in the news media about the inactive Senate. So what we are 
seeing--and I intend to speak at length on this at a later date--is the 
disintegration of what the Senate is supposed to be.
  If legislation is needed to change the statute of limitations on 
enforcing women's employment rights for equal pay, let the Senate take 
it up and debate. If we are on the FAA Act, let's have Senators come 
forward and consider it.

  It is time we declared a truce on the judge issue. It has been 
exacerbated continuously over the last 20 years. It is time for a truce 
because the American people are caught in the crossfire.
  Mr. President, I ask unanimous consent that a survey of the filling 
of the tree, compiled by CRS, be printed in the Record. I urge my 
colleagues to study it to see how the business of the Senate has been 
thwarted, stymied, and eliminated by this procedural, inappropriate 
activity.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  TABLE 1.--INSTANCES WHERE OPPORTUNITIES FOR FLOOR AMENDMENT WERE LIMITED BY THE SENATE MAJORITY LEADER OR HIS
                   DESIGNEE FILLING OF PARTIALLY FILLING THE ``AMENDMENT TREE'': 1987-2008 \1\
----------------------------------------------------------------------------------------------------------------
          Congress & Years           Senate Majority Leader        Measure(s)             Notes & Citations
----------------------------------------------------------------------------------------------------------------
100th (1987-1988)..................  Robert C. Byrd (D-WV).  S. 1420, Omnibus Trade  Sen. Byrd, working in
                                                              and Competitiveness     concert with Sen. Howard
                                                              Act of 1987.            M. Metzenbaum, filled the
                                                                                      ``strike and insert'' tree
                                                                                      with a series of
                                                                                      amendments, SA435-439.
                                                                                      (Congressional Record,
                                                                                      vol. 133, July 8, 1987,
                                                                                      pp. 18871-18876.) Media
                                                                                      reports indicate the goal
                                                                                      was to obtain a straight
                                                                                      vote on a compromise
                                                                                      proposal requiring advance
                                                                                      notice of certain plant
                                                                                      closings. (``Senate Passes
                                                                                      Measure on Plant-Closing
                                                                                      Notice,'' The Washington
                                                                                      Post, July 9, 1987, p.
                                                                                      E1.)
                                                             S. 2, Senatorial        Sen. Byrd, working in
                                                              Election Campaign Act   concert with Sen. David L.
                                                              of 1987.                Boren, filled the ``motion
                                                                                      to recommit'' tree with
                                                                                      amendments, SA1403-1405.
                                                                                      In debate, Sen. Byrd
                                                                                      indicated his goal was to
                                                                                      displace several non-
                                                                                      germane amendments to S. 1
                                                                                      relating to funding for
                                                                                      the Nicaraguan contras,
                                                                                      thus returning the Senate
                                                                                      to consideration of the
                                                                                      subject of the underlying
                                                                                      bill. (Congressional
                                                                                      Record, vol. 134, Feb. 17,
                                                                                      1988, p. 1481.)
                                                             S. 2488, Parental and   Sen. Byrd filled the
                                                              Medical Leave Act of    ``motion to recommit''
                                                              1988.                   tree with amendments,
                                                                                      SA3308-3310. In floor
                                                                                      debate, Sen. Byrd
                                                                                      indicated that he had done
                                                                                      so in response to a
                                                                                      continued inability to
                                                                                      secure a time agreement on
                                                                                      amendments, including a
                                                                                      requirement for
                                                                                      germaneness or relevancy.
                                                                                      He characterized the
                                                                                      motion and the amendments
                                                                                      to it as an attempt to
                                                                                      place S. 2488 back before
                                                                                      the Senate in a form
                                                                                      containing several
                                                                                      specific policy
                                                                                      provisions. (Congressional
                                                                                      Record, vol. 134, Sep. 29,
                                                                                      1988, pp. 26523-26588.)
101st (1989-1990)..................  George J. Mitchell (D-  None identified.......  None identified
                                      ME).
102nd (1991-1992)..................  George J. Mitchell (D-  S. Con. Res. 106,       Sen. Mitchell filled the
                                      ME).                    Concurrent resolution   ``insert'' tree with two
                                                              setting forth the       amendments, SA1778-1779
                                                              congressional budget    offered to a substitute
                                                              for FY 1993, 1994,      amendment for S. Con. Res.
                                                              1995, 1996, & 1997.     106, SA1777, which appears
                                                                                      to have been treated as an
                                                                                      original text for the
                                                                                      purposes of amendment.
                                                                                      Floor debate suggests a
                                                                                      unanimous consent
                                                                                      agreement was entered into
                                                                                      laying out this approach
                                                                                      with the goal of
                                                                                      controlling and
                                                                                      structuring the
                                                                                      consideration of policy
                                                                                      alternatives relating to
                                                                                      entitlement reform.
                                                                                      (Congressional Record,
                                                                                      vol. 134, Apr. 10, 1992,
                                                                                      pp. 9283-9284.)
103rd (1993-1994)..................  George J. Mitchell (D-  H.R. 1335, Emergency    Sen. Robert C. Byrd, acting
                                      ME).                    Supplemental            on behalf of the majority
                                                              Appropriations for FY   leader, filled the tree on
                                                              1993.                   the substitute to the
                                                                                      measure, offering SA271-
                                                                                      272. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 139, Mar. 25, 1993,
                                                                                      p. S3715.)
                                                             S. 1491, FAA            On multiple occasions
                                                              Authorization Act of    during consideration of
                                                              1994.                   this measure, Sen.
                                                                                      Mitchell or his designee
                                                                                      offered second-degree
                                                                                      amendments, for example,
                                                                                      SA1776, 1779, and 1781, to
                                                                                      non-germane first-degree
                                                                                      amendments dealing with
                                                                                      the subject of President
                                                                                      William J. Clinton and the
                                                                                      Whitewater Development
                                                                                      Corporation. On each
                                                                                      occasion, this action
                                                                                      filled the ``insert'' tree
                                                                                      and prevented a vote on
                                                                                      the first-degree
                                                                                      amendment. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 140, June 15, 1994,
                                                                                      pp. S6890-6894.)
104th (1995-1996)..................  Robert Dole (R-KS)....  S.J. Res. 21,           Acting as the designee of
                                                              Constitutional          the majority leader, Sen.
                                                              Amendment to Limit      Fred Thompson offered a
                                                              Congressional Terms.    series of amendments,
                                                                                      SA3692-3397, to the
                                                                                      committee substitute for
                                                                                      S.J. Res 21, filling the
                                                                                      amendment tree. He then
                                                                                      offered a motion to
                                                                                      recommit the joint
                                                                                      resolution and proceeded
                                                                                      to offer amendments SA3698-
                                                                                      3699 to the motion,
                                                                                      filling the tree on the
                                                                                      motion. In debate, Sen.
                                                                                      Thompson indicated that he
                                                                                      did so to prevent non-
                                                                                      germane amendments from
                                                                                      being offered to the
                                                                                      measure and to ensure the
                                                                                      Senate would debate only
                                                                                      the subject of
                                                                                      congressional term limits.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 142,
                                                                                      Apr. 19, 1996, pp. S3715-
                                                                                      3717.)
                                                             S. 1664, Immigration    Acting as the designee of
                                                              Control and Financial   the majority leader, Sen.
                                                              Responsibility Act of   Alan K. Simpson offered a
                                                              1996.                   series of second-degree
                                                                                      amendments to a number of
                                                                                      ``stacked'' first degree
                                                                                      amendments, filling the
                                                                                      amendment tree on them. He
                                                                                      also filled the recommit
                                                                                      tree on the underlying
                                                                                      bill, offering SA3725-
                                                                                      3726. In debate, Sen.
                                                                                      Simpson indicated that he
                                                                                      did so to prevent the
                                                                                      offering of non-germane
                                                                                      second-degree amendments
                                                                                      on subjects such as the
                                                                                      minimum wage and Social
                                                                                      Security. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 142, Apr. 24, 1996,
                                                                                      pp. S4012-4016.)
                                                             H.R. 2937, White House  Sen. Dole offered a series
                                                              Travel Office           of amendments, SA3952-
                                                              Reimbursement.          3956, first to the bill
                                                                                      and then to a motion to
                                                                                      refer the bill, filling
                                                                                      the tree on both. Sen.
                                                                                      Dole indicated that he
                                                                                      took this action to
                                                                                      prevent non-germane
                                                                                      amendments to the measure.
                                                                                      Sen. Dole filed for
                                                                                      cloture on the measure and
                                                                                      indicated his willingness
                                                                                      to enter into negotiations
                                                                                      on possibly permitting a
                                                                                      non-germane amendment
                                                                                      relating to the minimum
                                                                                      wage to be offered.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 142,
                                                                                      May 3, 1996, pp. S4670-
                                                                                      4672.)

[[Page S3755]]

 
                                                             H.R. 1296, To provide   On Mar. 26, 1996, Sen. Dole
                                                              for the                 filled the tree on the
                                                              administration of       motion to commit the bill
                                                              certain Presidio        SA3653-3654 and
                                                              properties at minimal   immediately filed cloture
                                                              cost to the federal     on the motion. The floor
                                                              taxpayer.               debate suggests that this
                                                                                      action was taken in an
                                                                                      attempt to block
                                                                                      amendments to the measure
                                                                                      on the subject of the
                                                                                      minimum wage.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 142,
                                                                                      Mar. 26, 1996, pp. S2898-
                                                                                      2899.)
105th (1997-1998)..................  Trent Lott (R-MS).....  S. 25, Bipartisan       Sen. Lott offered a series
                                                              Campaign Reform Act     of amendments, SA1258-
                                                              of 1997.                1265, to the bill and to a
                                                                                      motion to recommit the
                                                                                      bill, filling both the
                                                                                      ``strike and insert'' tree
                                                                                      and the recommit tree. In
                                                                                      debate, Sen. Lott
                                                                                      indicated he did so to bar
                                                                                      all amendments to the
                                                                                      measure except those
                                                                                      negotiated between himself
                                                                                      and supporters of S. 25.
                                                                                      The agreement provided for
                                                                                      a modified form of the
                                                                                      bill and one Lott
                                                                                      amendment to it containing
                                                                                      provisions of the
                                                                                      ``Paycheck Protection
                                                                                      Act,'' (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 143, Sept. 29, 1997,
                                                                                      pp. S10106-10114.)
                                                             S. 1663, Paycheck       On Feb. 24, 1998, Sen. Lott
                                                              Protection Act.         offered a series of
                                                                                      amendments SA1648-1650
                                                                                      along with a motion to
                                                                                      commit, which he then
                                                                                      filled with amendments
                                                                                      SA1651-1653. The leader
                                                                                      then filed cloture on the
                                                                                      motion. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 143, Feb. 24, 1997,
                                                                                      pp. S939-940.)
106th (1999-2000)..................  Trent Lott (R-MS).....  S. 280, Education       Sen. James Jeffords, as the
                                                              Flexibility             designee of Sen. Lott
                                                              Partnership Act of      filled the tree on the
                                                              1999.                   measure on Mar. 10, 1999
                                                                                      with SA66-68.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 145,
                                                                                      Mar. 10, 1999, p. S2489-
                                                                                      2490.) Media reports
                                                                                      claimed he did so to
                                                                                      prevent certain minority
                                                                                      party Senators, ``from
                                                                                      offering amendments
                                                                                      reflecting their education
                                                                                      goals including the hiring
                                                                                      of 100,000 additional
                                                                                      teachers.'' (Matthew
                                                                                      Tully, ``Both Sides Used
                                                                                      Senate Rules Effectively
                                                                                      to Tie Things Up,'' CQ
                                                                                      Daily Monitor, Nov. 29,
                                                                                      1999.)
                                                             S. 557, An original     On Apr. 20, 1999, Sen. Lott
                                                              bill to provide         filled this tree by
                                                              guidance for the        offering two amendments on
                                                              designation of          behalf of another Senator
                                                              emergencies as a part   SA254-255 and then
                                                              of the budget process.  immediately filing for
                                                                                      cloture. Floor debate
                                                                                      suggests he did this to
                                                                                      block the offering of
                                                                                      amendments relating to a
                                                                                      Social Security and
                                                                                      Medicare ``lockbox.''
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 145,
                                                                                      Apr. 20, 1999, p. S3896.)
                                                             S. 544, Emergency       On Mar. 19, 1999, Sen. Lott
                                                              Supplemental            proposed a second-degree
                                                              Appropriations Act      amendment (SA124)
                                                              for Fiscal Year 1999.   ``prohibiting the use of
                                                                                      funds for military
                                                                                      operations in the Federal
                                                                                      Republic of Yugoslavia
                                                                                      (Serbia and Montenegro)
                                                                                      unless Congress enacts
                                                                                      specific authorization in
                                                                                      law for the conduct of
                                                                                      those operations.'' This
                                                                                      amendment filled the
                                                                                      insert tree and he then
                                                                                      filed cloture on the
                                                                                      amendment. In floor
                                                                                      debate. Sen. Lott
                                                                                      indicated he took this
                                                                                      action to ensure that
                                                                                      there would be a debate on
                                                                                      the subject of Yugoslavia,
                                                                                      but added that he wanted
                                                                                      to continue to negotiate a
                                                                                      time agreement for Senate
                                                                                      consideration of the
                                                                                      subject. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 145, Mar. 19, 1999,
                                                                                      pp. S2995-2996.)
                                                             S. 96, The Y2K Act....  Sen. Lott filled the tree
                                                                                      on the measure, offering
                                                                                      SA268-271. In debate, he
                                                                                      indicated his willingness
                                                                                      to have a pending
                                                                                      amendment on the filled
                                                                                      tree laid aside so that
                                                                                      germane amendments could
                                                                                      be offered. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 145, Apr. 27, 1999,
                                                                                      pp. S4232-4234.) A media
                                                                                      account stated that Sen.
                                                                                      Lott pursued this strategy
                                                                                      in part to prevent
                                                                                      minority party Senators
                                                                                      from offering non-germane
                                                                                      amendments relating to gun
                                                                                      control. (Matthew Tully,
                                                                                      ``Both Sides Used Senate
                                                                                      Rules Effectively to Tie
                                                                                      Things Up,'' CQ Daily
                                                                                      Monitor, Nov. 29, 1999.)
                                                             H.R. 1501, Juvenile     On July 26, 1999, Sen. Lott
                                                              Justice Reform Act of   filled the tree on the
                                                              1999.                   measure, offering
                                                                                      amendments SA1344-1348. In
                                                                                      debate, Sen. Lott
                                                                                      indicated he filled the
                                                                                      tree with amendments
                                                                                      consisting of the Senate
                                                                                      version of the bill with
                                                                                      the intention of going to
                                                                                      conference with the House.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 146,
                                                                                      July 26, 1999, pp. S9209-
                                                                                      9210.)
                                                             H.R. 434, African       Sen. Lott filled the tree
                                                              Growth and              on the measure on Oct. 27,
                                                              Opportunity Act.        1999, offering SA2332-
                                                                                      2335. In debate, he
                                                                                      expressed regret at
                                                                                      ``having to'' do so, and
                                                                                      indicated he would agree
                                                                                      to lay aside a pending
                                                                                      amendment if a Senator
                                                                                      wished to offer relevant
                                                                                      amendments. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 146, Oct. 27, 1999,
                                                                                      pp. S13202-13203.) A media
                                                                                      account stated that Sen.
                                                                                      Lott pursued this strategy
                                                                                      in part to prevent
                                                                                      minority party Senators
                                                                                      from offering nongermane
                                                                                      amendments on the subjects
                                                                                      of minimum wage and
                                                                                      campaign finance reform.
                                                                                      (Matthew Tully, ``Both
                                                                                      Sides Used Senate Rules
                                                                                      Effectively to Tie Things
                                                                                      Up,'' CQ Daily Monitor,
                                                                                      Nov. 29, 1999.)
                                                             H.R. 4577, Labor-HHS-   Sen. Lott filled the tree
                                                              Education               on the motion to commit
                                                              Appropriations.         the bill, offering
                                                                                      amendments SA3598-3600.
                                                                                      During debate, he
                                                                                      indicated his desire to
                                                                                      negotiate a time agreement
                                                                                      for the consideration of
                                                                                      amendments dealing with
                                                                                      the ergonomic standard
                                                                                      issued by the Occupational
                                                                                      Safety and Health
                                                                                      Administration (OSHA). The
                                                                                      motion to commit was later
                                                                                      withdrawn when a time
                                                                                      agreement was accepted.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 146,
                                                                                      June 22, 2000, pp. S5628-
                                                                                      5629.)
                                                             S. 2045, American       Sen. Lott filled the
                                                              Competitiveness in      ``strike and insert'' tree
                                                              the Twenty-First        twice on this bill as well
                                                              Century Act.            as a tree on a motion to
                                                                                      recommit the measure. In
                                                                                      doing so, Sen. Lott called
                                                                                      up an amendment filed by a
                                                                                      minority party Senator, SA
                                                                                      4183. In debate, Sen. Lott
                                                                                      indicated followed this
                                                                                      course because of an
                                                                                      inability to reach a time
                                                                                      agreement governing
                                                                                      consideration of the
                                                                                      measure. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 146, Sept. 15, 2000,
                                                                                      pp. S9026-9029.)
107th (2001-2002)..................  Thomas A. Daschle (D-   H.R. 5005, Homeland     Sen. Daschle filled the
                                      SD).                    Security Act of 2002.   tree on the motion to
                                                                                      commit with instructions
                                                                                      by offering amendments
                                                                                      SA4742-4743. In debate, he
                                                                                      indicated he did so to
                                                                                      ``keep in place the
                                                                                      current parliamentary
                                                                                      circumstances'' while
                                                                                      Senators tried to
                                                                                      negotiate a time agreement
                                                                                      for the further
                                                                                      consideration of
                                                                                      amendments. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 148, Sept. 25, 2002,
                                                                                      pp. S9205.)
108th (2003-2004)..................  William H. Frist (R-    S. 14, Energy Policy    On July 30, 2003, the
                                      TN).                    Act of 2003.            majority leader offered a
                                                                                      motion to commit the bill
                                                                                      to the Energy and Natural
                                                                                      Resources Committee with
                                                                                      instructions. He filled
                                                                                      the tree on the motion to
                                                                                      commit with instructions
                                                                                      with amendments SA1433-
                                                                                      1434 and filed cloture on
                                                                                      the motion. In debate, the
                                                                                      leader indicated he did so
                                                                                      to try to bring the
                                                                                      underlying bill to a final
                                                                                      vote prior to the August
                                                                                      recess period.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 149,
                                                                                      July 30, 2003, p. S10251.)
                                                             S. 2062, Class Action   On July 7, the majority
                                                              Fairness Act.           leader offered two
                                                                                      amendments to the bill
                                                                                      (SA3548-3549) filling the
                                                                                      insert tree. He then
                                                                                      offered a motion to commit
                                                                                      the bill with instructions
                                                                                      and filled the tree on the
                                                                                      motion with amendments
                                                                                      SA3551-3551. The majority
                                                                                      leader filed cloture on
                                                                                      the bill. Floor debate
                                                                                      suggests that Sen. Frist
                                                                                      pursued this course in
                                                                                      response to an inability
                                                                                      to secure a time agreement
                                                                                      structuring the offering
                                                                                      of amendments to the bill,
                                                                                      including a relevancy
                                                                                      requirement.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 150,
                                                                                      July 7, 2004, pp. S7698-
                                                                                      7699.)
                                                             S. 1637, Jumpstart our  On Mar. 22, 2004, the
                                                              Business Strength Act.  majority leader offered a
                                                                                      motion to commit the bill
                                                                                      with instructions that the
                                                                                      committee report back the
                                                                                      measure with an amendment
                                                                                      specified in the motion.
                                                                                      Senators filed amendments
                                                                                      SA2898-2899 to those
                                                                                      instructions, filling the
                                                                                      tree. After cloture on the
                                                                                      motion subsequently
                                                                                      failed, the majority
                                                                                      leader offered another
                                                                                      motion to commit, and
                                                                                      offered amendments SA3011-
                                                                                      3013 to it, filling the
                                                                                      tree on the motion. Floor
                                                                                      debate suggests these
                                                                                      efforts were attempts to
                                                                                      expedite consideration of
                                                                                      the bill. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 150, Mar. 22, 2004,
                                                                                      pp. S2852-2853.)
109th (2005-2006)..................  William H. Frist (R-    S. 397, Protection of   On July 27, 2005, the
                                      TN).                    Lawful Commerce in      majority leader offered
                                                              Arms Act.               amendments to the bill
                                                                                      SA1605-1606 filling the
                                                                                      tree. Senators came to the
                                                                                      floor to ask unanimous
                                                                                      consent to set aside the
                                                                                      pending amendments to be
                                                                                      able to consider their
                                                                                      amendment. This request
                                                                                      was objected to each time.
                                                                                      Floor debate suggests that
                                                                                      this action was undertaken
                                                                                      pending the negotiation of
                                                                                      a time agreement relating
                                                                                      to the consideration of
                                                                                      amendments, including a
                                                                                      germaneness requirement.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 151,
                                                                                      July 27, 2005, p. 9087.)
                                                             H.R. 4297, Tax Relief   On Feb. 2, 2006, the
                                                              Extension               majority leader offered
                                                              Reconciliation.         amendments SA2707-2709,
                                                                                      filling the tree on the
                                                                                      bill. He then offered a
                                                                                      motion to commit the bill
                                                                                      with instructions, and
                                                                                      proceeded to fill the tree
                                                                                      on the motion with
                                                                                      amendments SA2710-2711. In
                                                                                      floor debate, Sen. Frist
                                                                                      indicated he did this in
                                                                                      order to structure floor
                                                                                      consideration and
                                                                                      potentially reach a final
                                                                                      vote on the measure.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 152,
                                                                                      Feb. 2, 2006, pp. 472-
                                                                                      473.)
                                                             S. 2271, USA PATRIOT    On Feb. 16, 2006, the
                                                              Act Amendments.         majority leader filled the
                                                                                      insert tree on the measure
                                                                                      with amendments SA2895-
                                                                                      2896. The majority leader
                                                                                      then filed a cloture
                                                                                      petition on the bill and
                                                                                      objected to unanimous
                                                                                      consent requests to lay
                                                                                      aside any of the pending
                                                                                      amendments. In debate, one
                                                                                      Senator charged that the
                                                                                      leader undertook this
                                                                                      action to block amendments
                                                                                      to the bill.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 152,
                                                                                      Feb. 16, 2006, pp. 1379-
                                                                                      1380.)
                                                             S. 1955, Health         On May 10, 2006, the
                                                              Insurance Marketplace   majority leader filled the
                                                              Modernization Act.      insert tree with
                                                                                      amendments SA3886-3887. He
                                                                                      then offered a motion to
                                                                                      recommit the bill with
                                                                                      instructions and
                                                                                      immediately offered
                                                                                      amendments SA3888-3890 to
                                                                                      fill the tree on the
                                                                                      motion. In debate, Sen.
                                                                                      Frist explained that he
                                                                                      did this because there
                                                                                      had, ``. . . been attempts
                                                                                      or suggestions that we use
                                                                                      this bill as a Christmas
                                                                                      tree for all sorts of
                                                                                      amendments . . .
                                                                                      amendments that don't
                                                                                      relate to the underlying
                                                                                      bill.'' (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 152, May 10, 2006,
                                                                                      pp. S4285-4295.)
                                                             S. 3711, Gulf of        On July 27, 2006, the
                                                              Mexico Energy           majority leader filled the
                                                              Security Act of 2006.   insert tree with
                                                                                      amendments SA4713-4714.
                                                                                      The majority leader then
                                                                                      filed cloture on the bill.
                                                                                      Remarks made in floor
                                                                                      debate suggests he did so
                                                                                      to exert some control over
                                                                                      the subject of energy
                                                                                      amendments offered to the
                                                                                      bill. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 152, July 27, 2006,
                                                                                      p. S8334.)
                                                             S. 2454, Securing       On Mar. 29, 2006, SA3192
                                                              America's Borders Act.  was offered as a
                                                                                      substitute to the measure.
                                                                                      Senators then offered
                                                                                      amendments to SA3192,
                                                                                      filling the tree. Senators
                                                                                      attempted to offer
                                                                                      additional amendments by
                                                                                      asking unanimous consent
                                                                                      to set aside the pending
                                                                                      amendments, but objection
                                                                                      was heard in each
                                                                                      instance. On Apr. 5, 2006
                                                                                      the majority leader moved
                                                                                      to commit the bill to the
                                                                                      Judiciary Committee with
                                                                                      instructions that the
                                                                                      committee report forthwith
                                                                                      with an amendment. He then
                                                                                      offered amendments to the
                                                                                      motion SA3424-3426 filling
                                                                                      the tree on it.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 152,
                                                                                      Apr. 5, 2006, p. S2895-
                                                                                      2896.)
                                                             H.R. 6061, Secure       On Sep. 21, 2006, the
                                                              Fence Act of 2006.      majority leader filled the
                                                                                      insert tree on the bill
                                                                                      with amendments SA5031-
                                                                                      5032. On Sep. 25, 2006,
                                                                                      the majority leader
                                                                                      withdrew his first degree
                                                                                      amendment (rendering the
                                                                                      second degree amendment
                                                                                      moot), and then filled the
                                                                                      tree again with amendments
                                                                                      SA5036-5037. He then filed
                                                                                      cloture on the first
                                                                                      degree amendment and
                                                                                      offered a motion to commit
                                                                                      the bill with
                                                                                      instructions, and filled
                                                                                      the tree on that motion,
                                                                                      offering amendments,
                                                                                      SA5038-5040. Floor debate
                                                                                      suggests this action was
                                                                                      taken while the leaders
                                                                                      attempted to negotiate an
                                                                                      agreement for the
                                                                                      consideration of
                                                                                      amendments relating to
                                                                                      terrorist detainees.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 152,
                                                                                      Sept. 21, 2006, pp. 10097-
                                                                                      10098)
                                                             S. 403, Child           On Sep. 27, 2006, Sen.
                                                              Interstate Abortion     Bennett, acting on behalf
                                                              Notification Act.       of the majority leader,
                                                                                      filled the tree on the
                                                                                      House amendment to the
                                                                                      measure with amendments
                                                                                      SA5090-5091. He also filed
                                                                                      for cloture on the House
                                                                                      amendment. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 152, Sept. 27, 2006,
                                                                                      pp. S10616-10618.)
                                                             H.R. 6111, Tax Relief   On Dec. 8, 2006, Sen. Frist
                                                              and Health Care Act     filled the tree on the
                                                              of 2006.                motion to concur in the
                                                                                      House amendment to the
                                                                                      Senate amendment to the
                                                                                      measure, with SA5236-5237.
                                                                                      He also filed for cloture
                                                                                      on the motion.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 152,
                                                                                      Dec. 8, 2006, pp. S11658-
                                                                                      11659.)
110th (2007-2008)..................  Harry M. Reid (D-NV)..  H.J.Res. 20, Revised    On Feb. 8, 2007, Sen. Reid
                                                              Continuing              filled the tree on the
                                                              Appropriations          measure with the offering
                                                              Resolution 2007.        of SA237-241. Debate
                                                                                      suggests the strategy was
                                                                                      pursued in order to speed
                                                                                      consideration of the
                                                                                      measure. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 153, Feb. 8, 2007, p.
                                                                                      S1746.)

[[Page S3756]]

 
                                                             H.R. 2206, U.S. Troop   On May 15, 2007, Sen. Reid
                                                              Readiness, Veterans'    filled the tree on the
                                                              Care, Katrina           measure and the motion to
                                                              Recovery, and Iraq      commit, offering SA1123-
                                                              Accountability          1128. Floor debate
                                                              Appropriations Act,     indicates this was an
                                                              2007.                   action taken with the
                                                                                      knowledge and cooperation
                                                                                      of the minority leader, in
                                                                                      an attempt to structure
                                                                                      floor consideration and
                                                                                      move the measure to
                                                                                      conference. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 153, May 15, 2007, p.
                                                                                      S6116-S6117.)
                                                             S. 1348, Comprehensive  On June 7, 2007, Sen. Reid
                                                              Immigration Reform      used his right of first
                                                              Act of 2007.            recognition to offer two
                                                             PARTIAL TREE..........   amendments to the measure,
                                                                                      SA1492-1493. While this
                                                                                      action does not appear to
                                                                                      have completely filled the
                                                                                      amendment tree, remarks
                                                                                      made by the Senator in
                                                                                      debate (``What I am going
                                                                                      to do is send a couple of
                                                                                      amendments to the desk so
                                                                                      there is some control over
                                                                                      amendments that are
                                                                                      offered'') suggest it was
                                                                                      done to limit or obtain a
                                                                                      measure of control over
                                                                                      the next amendment offered
                                                                                      by filling some available
                                                                                      limbs and refusing consent
                                                                                      to lay aside amendments.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 153,
                                                                                      June 7, 2007, p. S7303-
                                                                                      7304)
                                                             S. 1639, A bill to      On June 26, 2007, Sen. Reid
                                                              provide comprehensive   proposed SA1934, and
                                                              immigration reform,     filled the ``insert'' tree
                                                              and for other           multiple times when the
                                                              purposes..              amendment was subsequently
                                                                                      divided into several
                                                                                      components, an action
                                                                                      which some colloquially
                                                                                      referred to as the ``clay
                                                                                      pigeon.''
                                                             S.1, Honest Leadership  On July 31, 2007, Sen. Reid
                                                              and Open Government     filled the tree on the
                                                              Act of 2007.            motion to concur in the
                                                                                      House amendment to the
                                                                                      measure, offering
                                                                                      amendments SA2589-2590.
                                                                                      The leader then filed
                                                                                      cloture on the motion.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 153,
                                                                                      July 31, 2007, pp. S10400-
                                                                                      10401.)
                                                             H.R. 1585, FY 2008      On Sept. 25, 2007, Sen.
                                                              National Defense        Reid offered SA3038-3040
                                                              Authorization Act.      to the motion to commit
                                                                                      the bill, filling the
                                                                                      recommit tree.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 153,
                                                                                      Sept. 25, 2007, p.
                                                                                      S12024.)
                                                             H.R. 976, Children's    On Sept. 26, 2007, Sen.
                                                              Health Insurance        Reid moved to concur in
                                                              Program                 the House amendments to
                                                              Reauthorization Act     the Senate amendments to
                                                              of 2007.                H.R. 976. He then filed
                                                                                      cloture on the motion and
                                                                                      filled that tree, offering
                                                                                      SA3071-3072.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 153,
                                                                                      Sept. 26, 2007, pp. S12122-
                                                                                      12123.)
                                                             H.R. 2419 Farm,         On Nov. 6, 2007, Sen. Reid
                                                              Nutrition, and          filled the ``strike and
                                                              Bioenergy Act of 2007.  insert'' tree as well as
                                                                                      the motion to commit tree,
                                                                                      offering SA3509-3514. In
                                                                                      debate, the Senator
                                                                                      indicated he would be
                                                                                      willing to lay aside
                                                                                      pending amendments in
                                                                                      order for Senators to
                                                                                      offer germane or relevant
                                                                                      amendments. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 153, Nov. 6, 2007,
                                                                                      pp. S13946-13949.)
                                                             H.R. 6, Energy          On Dec. 12, 2007, Sen. Reid
                                                              Independence and        filled the tree on the
                                                              Security Act of 2007.   motion to concur with two
                                                                                      amendments SA3841-3842 and
                                                                                      immediately filed cloture
                                                                                      on the motion.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 153,
                                                                                      Dec. 12, 2007, p. S15218.)
                                                             H.R. 5140, Economic     On Feb. 5, 2008, Sen. Reid
                                                              Stimulus Act of 2008.   filled the insert tree as
                                                                                      well as on the motion to
                                                                                      commit tree with
                                                                                      amendments SA3983-3987.
                                                                                      (Congressional Record,
                                                                                      daily edition, vol. 154,
                                                                                      Feb. 5, 2008, p. S656.)
                                                             H.R. 2881, FAA          On May 1, 2008, Sen. Reid
                                                              Reauthorization Act     filled the tree on the
                                                              of 2007.                measure with amendments
                                                                                      SA4628-4631 and on the
                                                                                      motion to commit with
                                                                                      instructions with SA4636-
                                                                                      4637. (Congressional
                                                                                      Record, daily edition,
                                                                                      vol. 154, May 1, 2008, p.
                                                                                      S3581-3582.)
----------------------------------------------------------------------------------------------------------------
\1\ As of May 2, 2008. Information from the Legislative information System of the U.S. Congress (LIS) and cited
  issues of the Congressional Record.

  Mr. SPECTER. I again call on the Rules Committee to take up my 
pending rule change which would stop this abhorrent practice.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Texas.

                          ____________________