[Congressional Record Volume 155, Number 6 (Monday, January 12, 2009)]
[Senate]
[Pages S315-S316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 12--TO AMEND THE STANDING RULES OF THE SENATE TO 
                       PROHIBIT FILLING THE TREE

  Mr. SPECTER (for himself, Mr. Coburn, and Mr. Alexander) submitted 
the following resolution; which was referred to the Committee on Rules 
and Administration:

                               S. Res. 12

       Resolved, That (a) rule XV of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``6. Notwithstanding action on a first degree amendment, it 
     shall not be in order for a Senator to offer a second degree 
     amendment to his or her own first degree amendment.''.
        (b) The amendment made by subsection (a) shall take effect 
     at the beginning of the 111th Congress.

  Mr. SPECTER. Mr. President, I have sought recognition today in order 
to reintroduce a resolution I first put forward in the 110th Congress 
that would prohibit the use of the procedural tactic of filling the 
tree. I feel strongly that this practice contributed greatly

[[Page S316]]

to inefficiencies and ineffectiveness that the United State Senate 
experienced in the 110th Congress. Commonly known as the ``world's 
greatest deliberative body,'' the Senate has prided itself on free and 
fair debate on each and every issue that comes before it. 
Traditionally, members have had the right to offer virtually any 
amendment on any bill at any point in the legislative process. This all 
inclusive practice of legislating has earned the United States a unique 
place among modern democracies because of the open arena for ideas and 
sufficient debate.
  However, in the past 15 years both sides of the aisle have 
increasingly seen the majority leaders use their authority to seek 
first recognition and fill the amendment tree. Republicans and 
Democrats alike have been equally as guilty of this practice for 
history has shown, when there is a problem with this institution, 
bipartisan blame is easily applicable. Beginning in 1993, ``filling the 
tree'' became increasingly prevalent as Senator George Mitchell used it 
9 times in the 103rd Congress, Senator Trent Lott used it nine times in 
the 106th, and Senator Frist used it 9 times in the 109th. In the 
recently concluded 110th Congress, Majority Leader Senator Reid filled 
the tree on 16 different occasions, bypassing the previous record 
amount by a significant margin.
  Regular order in this chamber was sacrificed in this past Congress, 
and in its place was a procedural tactic that prevented passage of 
legislation that would have been extremely beneficial for this country. 
Bills such as FAA Reauthorization--H.R. 2881, Climate Change 
Legislation--S. 3036, and the Energy Speculation Bill--S. 3268 were all 
derailed by this practice. Cloture on each piece of legislation was not 
achieved and caused any further movement on them to be stymied. Blame 
was placed on Republicans for engaging in obstruction through the use 
of the filibuster to prevent movement to debate. The fact of the matter 
was our side was completely blocked from participating in the 
legislative process, forcing our hand to oppose moving to the bill.
  My proposed resolution would disallow the majority leader or any 
other member from offering a first-degree amendment, followed by a 
second-degree amendment. It amends Rule 15, Standing Rules of the 
Senate and it is my hope the Senate can adopt this and operate under 
this rule in the 111th Congress and beyond. It is time for this chamber 
to conduct business in a logical, factual way; that is, for Senators to 
come to the floor and address the substance of the bill and offer 
amendments if they choose.
  Congress currently has an approval rating at a level that is 
unacceptable. As we enter a new Congress, efforts must be made to allow 
regular procedure to return to the United States Senate. It is my hope 
that the grueling hours members and staff put into legislation will be 
honored by giving it due consideration on the Senate floor. With a few 
changes in procedure, this Senate can ensure a more productive 
environment in the 111th Congress and beyond.

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