[Congressional Record Volume 159, Number 9 (Thursday, January 24, 2013)]
[Senate]
[Pages S270-S274]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        AMENDING THE STANDING RULES AND PROCEDURE OF THE SENATE

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the consideration of the following resolutions en bloc: S. Res. 5, 
Harkin; S. Res. 15, a resolution providing a standing order to improve 
procedures for the consideration of legislation and nominations in the 
Senate; and S. Res. 16, a resolution amending the Standing Rules of the 
Senate relative to conference motions and bipartisan cloture motions on 
the motion to proceed.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  Mr. REID. Further, Mr. President, that the time until 7:55 p.m. be 
equally divided between the two leaders or their designees for the 
purpose of debating these resolutions concurrently; that the only 
amendment in order to any of the resolutions is a Lee amendment to S. 
Res. 15, that upon use or yielding back of time, the Senate proceed to 
vote in relation to S. Res. 5; that upon disposition of S. Res. 5, the 
Senate vote in relation to the Lee amendment to S. Res. 15; that upon 
disposition of the Lee amendment, the Senate proceed to vote in 
relation to S. Res. 15, as amended, if amended, and S. Res. 16, in that 
order with no intervening action of debate; that S. Res. 15 be subject 
to a 60-vote threshold for adoption; further, that S. Res. 16 be 
subject to a threshold of two-thirds of those voting for adoption; that 
there be no other amendments, motions, or points of order in order to 
any of these resolutions prior to the votes in relation to the 
resolutions; finally, none of the resolutions be divisible.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The clerk will report the resolutions by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 5) amending the Standing Rules of the 
     Senate to provide for cloture to be invoked with less than a 
     three-fifths majority after additional debate.
       A resolution (S. Res. 15) providing a Standing Order to 
     improve procedures for the consideration of legislation and 
     nominations in the Senate.
       A resolution (S. Res. 16) amending the Standing Rules of 
     the Senate relative to conference motions and bipartisan 
     cloture motions on the motion to proceed.

  The PRESIDENT pro tempore. The Republican leader.
  Mr. McCONNELL. I yield the time on this side to the Senator from 
Utah.
  The PRESIDENT pro tempore. The Senator from Utah is recognized.
  Mr. LEE. Mr. President, in just a moment I will be offering an 
amendment to S. Res. 15. The purpose of this amendment is to protect 
this institution as the world's greatest deliberative legislative body. 
The hallmark characteristics of this body that make it distinct, that 
make it both great and

[[Page S271]]

deliberative, include the fact that as individual Senators we are 
supposed to have the right to participate in an open and robust debate 
that includes an open amendment process. This is historically one of 
the things that has defined this institution. It is naturally the 
outgrowth of the fact that pursuant to article V of the Constitution, 
each State of the Union is entitled to equal representation in the 
Senate.
  So as we are talking tonight, we have to remember that we are not 
talking about the rights of the minority or the majority. We are 
talking about the rights of each individual Senator having been duly 
elected by the voters in his or her State. I have a concern that some 
of the implications of S. Res. 15 could undermine this characteristic 
of the Senate. In other words, S. Res. 15, while crafted with the very 
best of intentions, could be applied at some point so as to undermine 
this right of each and every Senator to offer an amendment.
  What my amendment does is to guarantee that once this procedure, the 
procedure under the standing order created by S. Res. 15--once it has 
been invoked, every Senator in this body would have the right to file, 
postcloture, a germane amendment to the pending legislation.
  I think the history, the custom, and the tradition of this body and 
all the things that have made this body great require nothing less than 
that.
  I urge my colleagues to support this amendment once we bring it up.
  I yield my time.
  Mr. REID. I yield 1 minute to the Senator from Iowa.
  The PRESIDENT pro tempore. The Senator from Iowa is recognized.
  Mr. HARKIN. Mr. President, I have long believed that rule XXII does 
not define the Senate. The Senate is defined in the Constitution, and 
it does not mention rule XXII or filibusters.
  Second, I do not believe the dead hand of the past should control any 
Senate now or in the future.
  Third, I believe the filibuster should be used to slow things down, 
to make sure the minority has the right to offer amendments and to have 
them debated and voted on. It does not mean the minority has a right to 
win, but they have the right to debate and slow things down. The 
filibuster should not be used as a method to put things in the trash 
can.
  As George Washington supposedly said to Jefferson, it was to cool 
things down. I can understand that. But the filibuster has been used, 
and it will still be used even in the future, so that the minority can 
stop the majority. I have long believed the majority should have the 
right to enact legislation with due regard for the rights of the 
minority to be able to offer amendments and slow things down. But that 
is not what is happening and that is what my proposal I first offered 
in 1995, and continue to offer today, would do.
  Yes, it would protect the filibuster as a means of slowing things 
down, but eventually the majority would be able to act, and that is as 
I think the Founders and the drafters of our Constitution really meant 
it to be.
  The PRESIDENT pro tempore. The majority leader.
  Mr. REID. Mr. President, I believe I have no further requests for 
time on this side. If that, in fact, is the case, and the Republican 
leader has no request for time, I yield whatever time I have.
  Mr. McCONNELL. I yield whatever time we have.
  The PRESIDENT pro tempore. All time is yielded back. The question is 
on agreeing to S. Res. 5.
  The resolution (S. Res. 5) was rejected.
  The PRESIDENT pro tempore. The pending business is S. Res. 15.


                            Amendment No. 3

  Mr. LEE. I call up my amendment.
  The PRESIDENT pro tempore. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Utah [Mr. Lee] proposes an amendment 
     numbered 3.

  Mr. LEE. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To amend the Standing Rules of the Senate to reform the 
      filibuster rules to improve the daily process of the Senate)

       At the end of the resolution, insert the following:

     SEC. ____. REFORM THE FILIBUSTER RULES.

       (a) Motions to Proceed.--Paragraph 2 of rule VIII of the 
     Standing Rules of the Senate is amended by striking ``to 
     proceed to the consideration of bills and resolutions are 
     debatable.'' and inserting the following: ``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--
       ``(a) a motion to proceed to a proposal to change the 
     Standing Rules which shall be debatable; and
       ``(b) a motion to proceed to 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.''.
       (b) No Filibuster After Complete Substitute Is Agreed to.--
     Paragraph 2 of rule XXII of the Standing Rules of the Senate 
     is amended by adding 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 the disposition of the measure without intervening 
     action or debate except one quorum call if requested.''.
       (c) One Motion Related to Committees on Conference.--Rule 
     XXVIII of the Standing Rules of the Senate is amended by 
     adding at the end the following:
       ``10. (a) A single 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 authorize the Chair to appoint 
     conferees on the part of the Senate shall be in order, shall 
     not be divisible, and shall not be subject to amendment.''.
       (d) Time Pre-cloture.--Paragraph 2 of rule XXII of the 
     Standing Rules of the Senate is amended--
       (1) in the first undesignated subparagraph--
       (A) by inserting ``for a measure, motion, or other matter 
     that is subject to amendment, at any time after the end of 
     the 12-hour period beginning at the time the Senate proceeds 
     to consideration of the measure, motion, or other matter and, 
     for any other measure, motion, or other matter,'' before ``at 
     any time'';
       (B) by striking ``any measure'' and inserting ``the 
     measure''; and
       (C) 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 subparagraph, 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.''.
       (e) Ability of Senators to Offer Amendments.--Rule XV of 
     the Standing Rules of the Senate is amended by adding at the 
     end the following:
       ``6. (a) If cloture is invoked on a measure or matter that 
     is subject to amendment, each Senator who has not offered an 
     amendment during consideration of the measure or matter may 
     offer 1 amendment to the measure or matter (without regard to 
     whether the amendment is actually pending and notwithstanding 
     the expiration of the time for consideration of the measure 
     or matter under paragraph 2 of rule XXII or any other rule of 
     the Senate) if--
       ``(1) the Senator submitted written notice of the intent of 
     the Senator to offer an amendment in accordance with this 
     paragraph not later than 12 hours after the filing of the 
     motion to invoke cloture on the measure or matter; and
       ``(2) the amendment is timely filed, germane, and otherwise 
     meets the requirements for an amendment under paragraph 2 of 
     rule XXII.
       ``(b) If a Senator fails to submit written notice in 
     accordance with subparagraph (a), the right to offer an 
     amendment under this paragraph is forfeited.
       ``(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 that an amendment offered under this 
     paragraph is not germane.''.

  The PRESIDENT pro tempore. The question is on agreeing to the 
amendment.
  The amendment ( No. 3) was rejected.
  The PRESIDENT pro tempore. The question is now on agreeing to S. Res. 
15.
  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second. There is a sufficient 
second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Louisiana (Ms. Landrieu) 
is necessarily absent.

[[Page S272]]

  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from North Carolina (Mr. Burr), the Senator from Georgia (Mr. 
Chambliss), the Senator from Indiana (Mr. Coats), the Senator from 
Oklahoma (Mr. Coburn), and the Senator from South Carolina (Mr. 
Graham).
  The PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 78, nays 16, as follows:

                       [Rollcall Vote No. 1 Leg.]

                                YEAS--78

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Franken
     Gillibrand
     Grassley
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Kaine
     Kerry
     King
     Kirk
     Klobuchar
     Lautenberg
     Leahy
     Levin
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--16

     Crapo
     Cruz
     Flake
     Hatch
     Heller
     Johnson (WI)
     Lee
     Paul
     Risch
     Rubio
     Sanders
     Scott
     Sessions
     Shelby
     Toomey
     Vitter

                             NOT VOTING--6

     Burr
     Chambliss
     Coats
     Coburn
     Graham
     Landrieu
  The PRESIDENT pro tempore. The 60-vote threshold having been 
achieved, the resolution is agreed to.
  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The resolution (S. Res. 15) reads as follows:

                               S. Res. 15

       Resolved,

     SECTION 1. CONSIDERATION OF LEGISLATION.

       (a) Motion to Proceed and Consideration of Amendments.--A 
     motion to proceed to the consideration of a measure or matter 
     made pursuant to this section shall be debatable for no more 
     than 4 hours, equally divided in the usual form. If the 
     motion to proceed is agreed to the following conditions shall 
     apply:
       (1) The first amendments in order to the measure or matter 
     shall be one first-degree amendment each offered by the 
     minority, the majority, the minority, and the majority, in 
     that order. If an amendment is not offered in its designated 
     order under this paragraph, the right to offer that amendment 
     is forfeited.
       (2) If a cloture motion has been filed pursuant to rule 
     XXII of the Standing Rules of the Senate on a measure or 
     matter proceeded to under this section, it shall not be in 
     order for the minority to propose its first amendment unless 
     it has been submitted to the Senate Journal Clerk by 1:00 
     p.m. on the day following the filing of that cloture motion, 
     for the majority to propose its first amendment unless it has 
     been submitted to the Senate Journal Clerk by 3:00 p.m. on 
     the day following the filing of that cloture motion, for the 
     minority to propose its second amendment unless it has been 
     submitted to the Senate Journal Clerk by 5:00 p.m. on the day 
     following the filing of that cloture motion, or for the 
     majority to propose its second amendment unless it has been 
     submitted to the Senate Journal Clerk by 7:00 p.m. on the day 
     following the filing of that cloture motion. If an amendment 
     is not timely submitted under this paragraph, the right to 
     offer that amendment is forfeited.
       (3) An amendment offered under paragraph (1) shall be 
     disposed of before the next amendment in order under 
     paragraph (1) may be offered.
       (4) An amendment offered under paragraph (1) is not 
     divisible or subject to amendment while pending.
       (5) An amendment offered under paragraph (1), if adopted, 
     shall be considered original text for purpose of further 
     amendment.
       (6) No points of order shall be waived by virtue of this 
     section.
       (7) No motion to commit or recommit shall be in order 
     during the pendency of any amendment offered pursuant to 
     paragraph (1).
       (8) Notwithstanding rule XXII of the Standing Rules of the 
     Senate, if cloture is invoked on the measure or matter before 
     all amendments offered under paragraph (1) are disposed of, 
     any amendment in order under paragraph (1) but not actually 
     pending upon the expiration of post-cloture time may be 
     offered and may be debated for not to exceed 1 hour, equally 
     divided in the usual form. Any amendment offered under 
     paragraph (1) that is ruled non-germane on a point of order 
     shall not fall upon that ruling, but instead shall remain 
     pending and shall require 60 votes in the affirmative to be 
     agreed to.
       (b) Sunset.--This section shall expire on the day after the 
     date of the sine die adjournment of the 113th Congress.

     SEC. 2. CONSIDERATION OF NOMINATIONS.

       (a) In General.--
       (1) Post-cloture consideration.--If cloture is invoked in 
     accordance with rule XXII of the Standing Rules of the Senate 
     on a nomination described in paragraph (2), there shall be no 
     more than 8 hours of post-cloture consideration equally 
     divided in the usual form.
       (2) Nominations covered.--A nomination described in this 
     paragraph is any nomination except for the nomination of an 
     individual--
       (A) to a position at level I of the Executive Schedule 
     under section 5312 of title 5, United States Code; or
       (B) to serve as a judge or justice appointed to hold office 
     during good behavior.
       (b) Special Rule for District Court Nominees.--If cloture 
     is invoked in accordance with rule XXII of the Standing Rules 
     of the Senate on a nomination of an individual to serve as a 
     judge of a district court of the United States, there shall 
     be no more than 2 hours of post-cloture consideration equally 
     divided in the usual form.
       (c) Sunset.--This section shall expire on the day after the 
     date of the sine die adjournment of the 113th Congress.


                             Standing Order

  Mr. REID. Mr. President, I ask unanimous consent for the Republican 
leader and me to have a brief colloquy about the application of the 
standing order related to motions to proceed and nominations that the 
Senate will consider. The template for this order was a bipartisan 
proposal developed by Senators Levin and McCain and other Members on 
both sides of the aisle.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  Mr. McCONNELL. The proposal, as initially developed, provided that 
the bill managers and the floor leaders of the respective parties would 
be able to offer one amendment each if the motion to proceed to a 
matter were employed as it is available in the standing order. The 
majority leader and I thought it important not to codify who would 
offer those amendments on each side of the aisle.
  Mr. REID. In addition, the amendment process set out in this order is 
not to be understood as establishing a ceiling for offering amendments, 
but instead setting a floor for offering them. The order sets out a 
structure for beginning the amendment process, not ending it.
  Mr. McCONNELL. I agree. The Senate works best when all Members have a 
reasonable opportunity to offer amendments and put forth the views of 
their constituents.
  Mr. REID. And although the order provides that in the amendment 
sequence, the majority party has the ability to offer the last 
amendment, the majority will not use that last amendment to eliminate 
or remove language, if any, that the minority was able to add to the 
underlying matter through the Senate adopting any of the minority's 
preceding amendments.
  Mr. McCONNELL. On the subject of nominations, Senate Republicans will 
continue to work with the majority to process nominations, consistent 
with the norms and traditions of the Senate. One of those customs is 
for home-State senators to be consulted on, and approve of, nominations 
from their States before the committee on the Judiciary moves forward 
with considering those nominations, be it a nomination to serve as a 
U.S. Attorney, U.S. Marshall, or judicial officer. It is my 
understanding that the order does not change, in any way, the Senate's 
``blue slip'' process.
  Mr. REID. I agree. Furthermore, it is our expectation that this new 
process for considering nominations as set out in this order will not 
be the norm, but that the two leaders will continue to work together to 
schedule votes on nominees in a timely manner by unanimous consent, 
except in extraordinary circumstances.
  Mr. McCONNELL. Finally, I would confirm with the majority leader that 
the Senate would not consider other resolutions relating to any 
standing order or rules this Congress unless they went through the 
regular order process?
  Mr. REID. That is correct. Any other resolutions related to Senate 
procedure would be subject to a regular order process including 
consideration by the Rules Committee.

[[Page S273]]

  Mr. McCONNELL. I thank the majority leader for confirming my 
understanding of the application of the standing order.
  Mr. REID. In addition to the standing order, I will enforce existing 
rules to make the Senate operate more efficiently. After reasonable 
notice, I will insist that any Senator who objects to consent requests 
or threatens to filibuster come to the floor and exercises his or her 
rights himself or herself. This will apply to all objections to 
unanimous consent requests. Senators should be required to come to the 
floor and participate in the legislative process--to voice objections, 
engage in debate, or offer amendments.
  In addition, Rule XXII makes provision for 30 hours of debate after 
cloture is invoked. Within the 30 hours, Senators have strict 
limitations on the amount of time each Senator is allowed to speak. 
These limits should be enforced and Rule XXII further says, ``After no 
more than thirty hours of debate,'' so 30 hours will be considered the 
outside limit of post-cloture debate time.
  Finally, we will also announce that when the majority leader or bill 
manager has reasonably alerted the body of the intention to do so and 
the Senate is not in a quorum call and there is no order of the Senate 
to the contrary, the Presiding Officer may ask if there is further 
debate, and if no Senator seeks recognition, the Presiding Officer may 
put the question to a vote. This is consistent with precedent of the 
Senate and with Riddick's Senate Procedure, 1992. See page 716 in 
Riddick's and footnotes 385 and 386 on page 764. This can be done pre-
cloture or post-cloture on any amendment, bill, resolution or 
nomination.
  Mr. McCONNELL. This is consistent with the precedent of the Senate 
with the understanding that Senators are given the timely notification 
of the Presiding Officer's intention so that they will be able to come 
to the floor to exercise their rights under the rules.


                           Motion to Proceed

  Mr. McCAIN. Mr. President, I ask that Senators Alexander and Barrasso 
engage in a colloquy with me about our understanding of the operation 
of the standing order that the Senate just adopted related to motions 
to proceed and nominations, and our intent in drafting it.
  The prospect of the majority, for the first time, changing the 
Standing Rules of the Senate by violating the provisions of those very 
rules was jarring to me and several of my colleagues, on both sides of 
the aisle, who care about this institution and the uniquely important 
role it serves in our Republic. Use of this unprecedented tactic for 
changing the standing rules would be a nuclear option, for it would 
irreparably damage the institution just to accommodate the desires of 
the current majority. Over the years Senators of both parties have 
eloquently stated where doing this would, in the words of the current 
majority leader in 2005, be: ``The end of the U.S. Senate.''
  Mr. McCAIN. Some of the most vociferous proponents of this approach 
have never served in the minority. They do not appreciate that the 
course of action they were urging, if undertaken, ultimately would be 
to their disadvantage when they served in the minority, which 
inevitably some of them will. So Senators Alexander, Barrasso and I, 
along with our former colleague, Jon Kyl, began working with like-
minded Members of the majority to diffuse this situation to meet the 
goals of making it easier for the majority to bring legislation to the 
floor and making it easier for a member of the minority to offer 
amendments to that legislation. We worked together to develop 
recommendations for the majority and minority leaders which we all 
believed would allow the Senate to function in a fairer and more 
effective way.
  Mr. ALEXANDER. The Senate works best when committee-approved bills 
move to the floor in an orderly way and Senators are freely able to 
debate and amend and vote upon the legislation. Unfortunately, under 
the current Democratic majority, committee work has been marginalized, 
as the majority has too often bypassed committees in the legislative 
process.
  And on the Senate floor, the twin hallmarks of the Senate, the right 
to debate and the right to amend legislation, are barely recognizable: 
to an unprecedented extent the majority has moved to shut off debate on 
a matter as soon as the Senate has begun to take up the matter, and it 
has blocked Members--of both parties--from offering their legislative 
ideas for the body to consider.
  The proposal we developed addressed a concern of the majority--
namely, the ability of a majority to take up a matter--but it 
conditioned its ability to bring that matter to conclusion by giving 
the minority the right to have the Senate consider at least two 
amendments of the minority's choosing--without any requirement of 
germaneness--as well as two amendments of the majority's choosing.
  The minority, in fact, would get to offer the first amendment under 
this procedure. And while the majority would get to offer the last 
amendment, all eight of the Members who developed this idea--four 
Republicans and four Democrats--agreed that the majority could not use 
its final amendment to strike or eliminate legislative language, if 
any, that the Senate adopted from one of the minority's amendments.
  Mr. McCAIN. That is correct. And I want to underscore that the 
amendment construct we developed is not to be used as a ceiling to 
limit the ability of Members of the majority or the minority to offer 
just two amendments per side. Rather, we intend it to be used as an 
amendment floor--a minimum guarantee of amendments--that would serve to 
start the amendment process so as many Members as possible could 
participate in that process. Having a robust amendment process, 
especially on legislation of major consequence, is how the Senate has 
traditionally operated. It is something that has been sorely lacking 
for the last several years. And it is something that, when it has 
occurred, has invariably led to legislative achievement. It is for the 
purpose of strengthening the right to amend legislation that we helped 
draft the new procedure of a majority motion to proceed. If the 
majority instead begins to use this procedure to limit the minority to 
just two amendments before seeking to bring consideration of a bill to 
a close, then we would view that as an abuse of this procedure. It 
would break faith with us who worked in good faith. Under those 
circumstances, we would oppose cloture on the bill and would urge that 
our colleagues do the same.
  Mr. ALEXANDER. I strongly agree with the understanding of my friend, 
the senior Senator from Arizona. I, too, would oppose cloture on a 
matter if the majority abused the motion to proceed set out in the 
order by using that procedure as the high-water mark for the 
consideration of amendments, rather than as a starting point for a 
robust amendment process.
  Mr. BARRASSO. I agree with the views expressed by my good friends 
from Arizona and Tennessee. They and I, and our Democratic colleagues, 
worked in good faith on the concepts embodied in the order the Senate 
has just adopted. I am hopeful that the majority will use the 
procedures in this order in harmony with our good intentions. If not, I 
will oppose cloture on legislation or nominations.
  The PRESIDENT pro tempore. The majority leader.
  Mr. REID. Mr. President, thank you very much.
  We are going to have one more vote tonight. The next vote will be on 
Sandy and matters relating to Sandy on Monday night at 5:30.
  I have spoken with the soon-to-be chair of the Foreign Relations 
Committee and Ranking Member Corker. We are going to have a vote after 
the business meeting sometime on Tuesday on the new Secretary of State.
  The PRESIDENT pro tempore. The question is on agreeing to S. Res. 16.
  Mr. CORKER. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second? There 
appears to be a sufficient second. There is a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from North Carolina (Mr. Burr), the Senator from Georgia (Mr. 
Chambliss), the Senator from Indiana (Mr. Coats), the Senator from 
Oklahoma (Mr. Coburn), and the Senator from South Carolina (Mr. 
Graham).

[[Page S274]]

  The PRESIDING OFFICER (Mr. King). Are there any other Senators in the 
Chamber desiring to vote?
  The yeas and nays resulted--yeas 86, nays 9, as follows:

                       [Rollcall Vote No. 2 Leg.]

                                YEAS--86

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Crapo
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Flake
     Franken
     Gillibrand
     Grassley
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Kaine
     Kerry
     King
     Kirk
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--9

     Cruz
     Johnson (WI)
     Lee
     Paul
     Rubio
     Sanders
     Scott
     Sessions
     Shelby

                             NOT VOTING--5

     Burr
     Chambliss
     Coats
     Coburn
     Graham
  The PRESIDING OFFICER. On this vote the yeas are 86 and the nays are 
9. Two-thirds of those voting having voted in the affirmative, the 
resolution is agreed to.
  Mr. REID. Mr. President, I move to reconsider the vote and lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  The resolution (S. Res. 16) reads as follows:

                               S. Res. 16

       Resolved,

     SECTION 1. BIPARTISAN CLOTURE ON THE MOTION TO PROCEED.

       Rule XXII of the Standing Rules of the Senate is amended by 
     inserting at the end the following:
       ``3. If a cloture motion on a motion to proceed to a 
     measure or matter is presented in accordance with this rule 
     and is signed by 16 Senators, including the Majority Leader, 
     the Minority Leader, 7 additional Senators not affiliated 
     with the majority, and 7 additional Senators not affiliated 
     with the minority, one hour after the Senate meets on the 
     following calendar day, the Presiding Officer, or the clerk 
     at the direction of the Presiding Officer, shall lay the 
     motion before the Senate. If cloture is then invoked on the 
     motion to proceed, the question shall be on the motion to 
     proceed, without further debate.''.

     SEC. 2. CONFERENCE MOTIONS.

       Rule XXVIII of the Standing Rules of the Senate is 
     amended--
       (1) by redesignating paragraphs 2 through 9 as paragraphs 3 
     through 10, respectively;
       (2) in paragraph 3(c), as so redesignated, by striking 
     ``paragraph 4'' and inserting ``paragraph 5'';
       (3) in paragraph 4(b), as so redesignated, by striking 
     ``paragraph 4'' and inserting ``paragraph 5'';
       (4) in paragraph 5(a), as so redesignated, by striking 
     ``paragraph 2 or paragraph 3'' and inserting ``paragraph 3 or 
     paragraph 4'';
       (5) in paragraph 6, as so redesignated--
       (A) in subparagraph (a), by striking ``paragraph 2 or 3'' 
     and inserting ``paragraph 3 or paragraph 4'';
       (B) in subparagraph (b), by striking ``paragraph (4)'' each 
     place it appears and inserting ``paragraph (5)''; and
       (6) inserting after paragraph 1 the following:
       ``2. (a) When a message from the House of Representatives 
     is laid before the Senate, it shall be in order for a single, 
     non-divisible motion to be made that includes--
       ``(1) a motion to disagree to a House amendment or insist 
     upon a Senate amendment;
       ``(2) a motion to request a committee of conference with 
     the House or to agree to a request by the House for a 
     committee of conference; and
       ``(3) a motion to authorize the Presiding Officer to 
     appoint conferees (or a motion to appoint conferees).
       ``(b) If a cloture motion is presented on a motion made 
     pursuant to subparagraph (a), the motion shall be debatable 
     for no more than 2 hours, equally divided in the usual form, 
     after which the Presiding Officer, or the clerk at the 
     direction of the Presiding Officer, shall lay the motion 
     before the Senate. If cloture is then invoked on the motion, 
     the question shall be on the motion, without further 
     debate.''.

  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________