[Congressional Record Volume 159, Number 1 (Thursday, January 3, 2013)]
[Senate]
[Page S14]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 4--TO LIMIT CERTAIN USES OF THE FILIBUSTER IN THE 
               SENATE TO IMPROVE THE LEGISLATIVE PROCESS

  Mr. UDALL of New Mexico (for himself, Mr. Merkley, and Mr. Harkin) 
submitted the following resolution; which was submitted and read:

                               S. Res. 4

       Resolved,

     SECTION 1. MOTIONS TO PROCEED.

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

     SEC. 2. EXTENDED DEBATE.

       Paragraph 2 of rule XXII of the Standing Rules of the 
     Senate is amended by striking the second undesignated 
     paragraph and inserting the following:
       ``Is it the sense of the Senate that the debate shall be 
     brought to a close? And if that question shall be decided in 
     the affirmative by three-fifths of the Senators duly chosen 
     and sworn, except on a measure or motion to amend the Senate 
     rules, in which case the necessary affirmative vote shall be 
     two-thirds of the Senators voting, a quorum being present, 
     then cloture has been invoked.
       ``If that question is on disposition of a bill or joint 
     resolution, a resolution or concurrent resolution, a 
     substitute amendment for a bill or resolution, a motion with 
     respect to amendments between the Houses, a conference 
     report, or advice and consent to a nomination or treaty, and 
     if such question shall be decided in the affirmative by a 
     majority of Senators voting, a quorum being present, but less 
     than three-fifths of the Senators duly chosen and sworn (or 
     less than two-thirds of the Senators voting, a quorum being 
     present, in the case of a measure or motion to amend the 
     Senate rules), then it shall be in order for the Majority 
     Leader (or his or her designee) to initiate a period of 
     extended debate upon the measure, motion, or other matter 
     pending before the Senate, or the unfinished business, in 
     relation to which the motion to close debate was offered, in 
     which case the period of extended debate shall begin one hour 
     later.
       ``During a period of extended debate, such measure, motion, 
     or other matter pending before the Senate, or the unfinished 
     business, shall be the unfinished business to the exclusion 
     of all other business, except on action or motion by the 
     Majority Leader (or his or her designee).
       ``During a period of extended debate it shall not be in 
     order for a Senator other than the Majority Leader (or his or 
     her designee) to raise a question as to the presence of a 
     quorum, except immediately prior to a vote or when it has 
     been more than forty-eight hours since a quorum was 
     demonstrated. If upon a roll call it shall be ascertained 
     that a quorum is not present, then the Senate shall adjourn 
     to a time previously decided by order of the Senate or, if no 
     such time has been established, then to a time certain 
     determined by the Majority Leader, after consultation with 
     the Minority Leader.
       ``During a period of extended debate a motion to adjourn or 
     recess shall not be in order, unless made by the Majority 
     Leader (or his or her designee) or if the absence of a quorum 
     has been demonstrated. Notwithstanding paragraph 1 of rule 
     XIX, there shall be no limit to the number of times a Senator 
     may speak upon any question during a period of extended 
     debate.
       ``If, during the course of extended debate, the Presiding 
     Officer puts any question to a vote, the Majority Leader (or 
     his or her designee) may postpone any such vote, which shall 
     occur at a time determined by the Majority Leader, after 
     consultation with the Minority leader, but not later than the 
     time at which a quorum is next demonstrated.
       ``If at any time during a period of extended debate no 
     Senator seeks recognition, then the Presiding Officer shall 
     inquire as to whether any Senator seeks recognition. If no 
     Senator seeks recognition, then the Presiding Officer shall 
     again put the question as to bringing debate to a close (and 
     the Majority Leader or his or her designee may postpone such 
     vote in accordance with the preceding paragraph), which shall 
     be decided without further debate or intervening motion. If 
     that question shall be decided in the affirmative by a 
     majority of Senators voting, a quorum being present, then 
     cloture has been invoked and the period of extended debate 
     has ended. If that question shall be decided in the negative 
     by a majority of Senators voting, a quorum being present, 
     then the period of extended debate has ended.
       ``If cloture is invoked, then the measure, motion, other 
     matter pending before the Senate, or the unfinished business, 
     in relation to which the motion to close debate was offered, 
     shall remain the unfinished business to the exclusion of all 
     other business until disposed of.''.

     SEC. 3. POST-CLOTURE DEBATE ON NOMINATIONS.

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

     SEC. 4. CONFERENCE MOTIONS.

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

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