[Congressional Record Volume 157, Number 1 (Wednesday, January 5, 2011)]
[Senate]
[Pages S66-S67]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 12--TO AMEND THE STANDING RULES OF THE SENATE TO 
 REFORM THE FILIBUSTER RULES TO IMPROVE THE DAILY PROCESS OF THE SENATE

  Mr. UDALL of Colorado (for himself, Mr. Durbin, and Mrs. Shaheen) 
submitted the following resolution; which was referred to the Committee 
on Rules and Administration:

                               S. Res. 12

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

     SECTION 1. CHANGING VOTE THRESHOLD TO PRESENT AND VOTING.

       The second undesignated subparagraph of paragraph 2 of rule 
     XXII of the Standing

[[Page S67]]

     Rules of the Senate is amended by striking ``duly chosen and 
     sworn'' and inserting ``present and voting''.

     SEC. 2. MOTIONS TO PROCEED.

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

     SEC. 3. NO FILIBUSTER AFTER COMPLETE SUBSTITUTE IS AGREED TO.

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

     SEC. 4. NO FILIBUSTER RELATED TO COMMITTEES ON CONFERENCE.

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

     SEC. 5. TIME PRECLOTURE.

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

     SEC. 6. DIVISION OF TIME POSTCLOTURE.

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

     SEC. 7. ELIMINATING DEBATE TIME POSTCLOTURE ON NOMINATIONS.

       The second undesignated paragraph of paragraph 2 of rule 
     XXII of the Standing Rules of the Senate is amended by 
     inserting at the end the following: ``If the matter on which 
     cloture is invoked is a nomination, the Senate shall 
     immediately proceed to vote on final disposition of the 
     nomination upon invoking cloture on the nomination under this 
     paragraph.''.

     SEC. 8. ALLOWING COMMITTEES TO MEET WITHOUT CONSENT.

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

     SEC. 9. READING OF AMENDMENTS.

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

     SEC. 10. ALLOWING AMENDMENTS WHEN AMENDMENTS PENDING BY A 
                   LIMITED MOTION.

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

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