UPDATED: Udall Says He Will Support Senate Filibuster Compromise

Udall Statement on Senate Rules Reform Agreement

WASHINGTON – U.S. Senator Tom Udall (D-N.M.) issued the following statement today on the Senate rules agreement reached by Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell:

“For more than three years, I’ve been committed to changing the Senate rules so that Congress can effectively respond to the needs of the country. The Constitution has been the catalyst for reforming the current filibuster and that marks a breakthrough.

“The agreement that’s been struck is a combination of rules and behavioral changes, and not as strong what many of us have been advocating. However, it alters the way we deal with nominations, conference committees and motions to proceed — all things I’ve been working toward. The leaders have also agreed to make filibusters more transparent and bring objectors to the chamber for actual debate. I am supporting their efforts to get a bipartisan agreement today, and moving forward will continue to fight for the stronger filibuster reforms my colleagues and I believe will make the Senate a more accountable institution.

“We’ve come a long way toward reforming the Senate and the filibuster in the last three years. We’ve made progress, but I’m not done fighting to change the way we do business. It’s true what my Uncle Mo used to say: ‘Reform is not for the short-winded.’”

 

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9:45 a.m

Sens. Reid, McConnell Agree on a Filbuster Reform Proposal

Senate Majority Leader Harry Reid has reached a bipartisan deal with Minority Leader Mitch McConnell to change the Senate’s rules, Capitol Hill sources are telling me this morning.

The change does not include Sen. Tom Udall’s request for a “talking filibuster” but it does include some other elements of Udall’s proposal. Reid is expected to present the deal to the Senate Democratic caucus at lunch today and there could be debate and even a vote on the Senate floor after that.

I’ll have more on this in this space today and much more in tomorrow’s paper.

The New York Times moved this article last night that sums up the proposal that was taking shape. Here’s my column from today’s paper that outlines the good and bad in the deal for Udall.

Here’s a handy summary of the proposed changes:

Changes to the Standing Rules – this resolution would require a two-thirds vote to pass and would not expire.

“Bipartisan cloture on the Motion to Proceed”

In cases where the Majority Leader and the Minority Leader agree to proceed to a measure, debate would be limited.  Specifically, where 8 Senators from each party, including the two Leaders, signed a cloture petition (a petition that still needs 16 signatures in all) then the cloture vote would occur the day following the filing of the motion with no post-cloture debate if cloture is invoked.  Thus on consensus items, a small minority of one side or the other could not block proceeding to a measure.

“Conference Motions”

The proposal would reduce from three to one the number of potential filibusters to go to conference and shrink the cloture process on motions to go to conference from 30 to 2 hours. Unlike S. Res. 4, the one motion is still subject to a filibuster.

Standing Order – this resolution would require 60 votes to pass and would expire at the end of the current Congress.

Creates an alternative path to proceeding to a measure more quickly when the Majority allows two amendments to each side.  Those amendments would be subject to tabling motions.  And if those amendments were non-germane, they would be subject to a 60-vote threshold.  The Majority Leader could still fill the amendment tree after disposition of those amendments.

Streamlines the nominations process. The proposal would limit the time to debate subcabinet to 8 hours and District Court nominations to 2 hours after cloture has been invoked.  S. Res. 4 reduced the post-cloture time for all nominations, except Supreme Court Justices, to 2 hours.

Colloquy between Reid and McConnell

The two Leaders have also agreed that they will make some changes in how the Senate carries out filibusters under the existing rules.  First, bill managers and the two Leaders will call on Senators who wish to object or threaten a filibuster to actually come to the floor to do so.  Second, the two Leaders will seek to see that time post-cloture is actually used in debate.  If Senators seeking to slow down business simply put in quorum calls to delay action, the Senate will go live, force votes to produce a quorum, and otherwise work to make sure Senators actually show up and debate.

Meanwhile, Fix the Senate Now – a grassroots group that wanted the talking filibuster and other more stringent language – has released this statement of disappointment in the Reid-McConnell compromise.

Unfortunately, the incremental “reforms” in the agreement do not go nearly far enough to deliver meaningful change, the Fix the Senate Now coalition said today. If the agreement proceeds as expected, Senator Reid and the entire chamber will have missed an opportunity to restore accountability and deliberation to the Senate, while not raising the costs of obstruction.

 While the provisions included in the likely agreement may help with streamlining certain nominations, potentially a significant step forward, the agreement avoids measures that would actually raise the costs of Senate obstruction. Neither the talking filibuster provision nor the shifting the burden provision is expected to be included in the final package. While certain details remain important and unresolved, such as potential conditions attached to the elimination of filibusters on the motion to proceed, we know enough to sum up the agreement as follows: a missed opportunity to provide meaningful filibuster reform, while advancing some decent procedural improvements.

And if you really want to geek out on all this, you can read the legislative text of the Reid-McConnell agreement below:

 113TH CONGRESS

1ST SESSION S. RES. ll

To improve procedures for the consideration of legislation and nominations

in the Senate.

IN THE SENATE OF THE UNITED STATES

RESOLUTION

To improve procedures for the consideration of legislation

and nominations in the Senate.

1 Resolved,

2 SECTION 1. CONSIDERATION OF LEGISLATION.

3 (a) MOTION TO PROCEED AND CONSIDERATION OF

4 AMENDMENTS.—A motion to proceed to the consideration

5 of a measure or matter made pursuant to this section shall

6 be debatable for no more than 4 hours, equally divided

7 in the usual form. If the motion to proceed is agreed to

8 the following conditions shall apply:

9 (1) The first amendments in order to the meas10

ure or matter shall be one first-degree amendment

2

JEN13126 S.L.C.

1 each offered by the minority, the majority, the mi2

nority, and the majority, in that order. If an amend3

ment is not offered in its designated order under

4 this paragraph, the right to offer that amendment is

5 forfeited.

6 (2) If a cloture motion has been filed pursuant

7 to rule XXII of the Standing Rules of the Senate on

8 a measure or matter proceeded to under this section,

9 it shall not be in order for the minority to propose

10 its first amendment unless it has been submitted to

11 the Senate Journal Clerk by1:00 p.m.on the day

12 following the filing of that cloture motion, for the

13 majority to propose its first amendment unless it

14 has been submitted to the Senate Journal Clerk by

153:00 p.m.on the day following the filing of that clo16

ture motion, for the minority to propose its second

17 amendment unless it has been submitted to the Sen18

ate Journal Clerk by5:00 p.m.on the day following

19 the filing of that cloture motion, or for the majority

20 to propose its second amendment unless it has been

21 submitted to the Senate Journal Clerk by7:00 p.m.

22 on the day following the filing of that cloture mo23

tion. If an amendment is not timely submitted under

24 this paragraph, the right to offer that amendment is

25 forfeited.

3

JEN13126 S.L.C.

1 (3) An amendment offered under paragraph (1)

2 shall be disposed of before the next amendment in

3 order under paragraph (1) may be offered.

4 (4) An amendment offered under paragraph (1)

5 is not divisible or subject to amendment while pend6

ing.

7 (5) An amendment offered under paragraph

8 (1), if adopted, shall be considered original text for

9 purpose of further amendment.

10 (6) No points of order shall be waived by virtue

11 of this section.

12 (7) No motion to commit or recommit shall be

13 in order during the pendency of any amendment of14

fered pursuant to paragraph (1).

15 (8) Notwithstanding rule XXII of the Standing

16 Rules of the Senate, if cloture is invoked on the

17 measure or matter before all amendments offered

18 under paragraph (1) are disposed of, any amend19

ment in order under paragraph (1) but not actually

20 pending upon the expiration of post-cloture time

21 may be offered and may be debated for not to exceed

22 1 hour, equally divided in the usual form. Any

23 amendment offered under paragraph (1) that is

24 ruled non-germane on a point of order shall not fall

25 upon that ruling, but instead shall remain pending

4

JEN13126 S.L.C.

1 and shall require 60 votes in the affirmative to be

2 agreed to.

3 (b) SUNSET.—This section shall expire on the day

4 after the date of the sine die adjournment of the 113th

5 Congress.

6 SEC. 2. CONSIDERATION OF NOMINATIONS.

7 (a) INGENERAL.—

8 (1) POST-CLOTURE CONSIDERATION.—If cloture

9 is invoked in accordance with rule XXII of the

10 Standing Rules of the Senate on a nomination de11

scribed in paragraph (2), there shall be no more

12 than 8 hours of post-cloture consideration equally di13

vided in the usual form.

14 (2) NOMINATIONS COVERED.—A nomination

15 described in this paragraph is any nomination except

16 for the nomination of an individual—

17 (A) to a position at level I of the Executive

18 Schedule under section 5312 of title 5, United

19 States Code; or

20 (B) to serve as a judge or justice ap21

pointed to hold office during good behavior.

22 (b) SPECIAL RULE FOR DISTRICT COURT NOMI23

NEES.—If cloture is invoked in accordance with rule XXII

24 of the Standing Rules of the Senate on a nomination of

25 an individual to serve as a judge of a district court of the

5

JEN13126 S.L.C.

1 United States, there shall be no more than 2 hours of

2 post-cloture consideration equally divided in the usual

3 form.

4 (c) SUNSET.—This section shall expire on the day

5 after the date of the sine die adjournment of the 113th

6 Congress.

 

Amending the Standing Rules of the Senate.

IN THE SENATE OF THE UNITED STATES

RESOLUTION

Amending the Standing Rules of the Senate.

1 Resolved,

2 SECTION 1. BIPARTISAN CLOTURE ON THE MOTION TO

3 PROCEED.

4 Rule XXII of the Standing Rules of the Senate is

5 amended by inserting at the end the following:

6 ‘‘3. If a cloture motion on a motion to proceed to

7 a measure or matter is presented in accordance with this

8 rule and is signed by 16 Senators, including the Majority

9 Leader, the Minority Leader, 7 additional Senators not

10 affiliated with the majority, and 7 additional Senators not

11 affiliated with the minority, one hour after the Senate

12 meets on the following calendar day, the Presiding Officer,

2

HEN13078 S.L.C.

1 or the clerk at the direction of the Presiding Officer, shall

2 lay the motion before the Senate. If cloture is then invoked

3 on the motion to proceed, the question shall be on the mo4

tion to proceed, without further debate.’’.

5 SEC. 2. CONFERENCE MOTIONS.

6 Rule XXVIII of the Standing Rules of the Senate is

7 amended—

8 (1) by redesignating paragraphs 2 through 9 as

9 paragraphs 3 through 10, respectively;

10 (2) in paragraph 3(c), as so redesignated, by

11 striking ‘‘paragraph 4’’ and inserting ‘‘paragraph

12 5’’;

13 (3) in paragraph 4(b), as so redesignated, by

14 striking ‘‘paragraph 4’’ and inserting ‘‘paragraph

15 5’’;

16 (4) in paragraph 5(a), as so redesignated, by

17 striking ‘‘paragraph 2 or paragraph 3’’ and inserting

18 ‘‘paragraph 3 or paragraph 4’’;

19 (5) in paragraph 6, as so redesignated—

20 (A) in subparagraph (a), by striking

21 ‘‘paragraph 2 or 3’’ and inserting ‘‘paragraph 3

22 or paragraph 4’’;

23 (B) in subparagraph (b), by striking

24 ‘‘paragraph (4)’’ each place it appears and in25

serting ‘‘paragraph (5)’’; and

3

HEN13078 S.L.C.

1 (6) inserting after paragraph 1 the following:

2 ‘‘2. (a) When a message from the House of Rep3

resentatives is laid before the Senate, it shall be in order

4 for a single, non-divisible motion to be made that in5

cludes—

6 ‘‘(1) a motion to disagree to a House amend7

ment or insist upon a Senate amendment;

8 ‘‘(2) a motion to request a committee of con9

ference with the House or to agree to a request by

10 the House for a committee of conference; and

11 ‘‘(3) a motion to authorize the Presiding Officer

12 to appoint conferees (or a motion to appoint con13

ferees).

14 ‘‘(b) If a cloture motion is presented on a motion

15 made pursuant to subparagraph (a), the motion shall be

16 debatable for no more than 2 hours, equally divided in

17 the usual form, after which the Presiding Officer, or the

18 clerk at the direction of the Presiding Officer, shall lay

19 the motion before the Senate. If cloture is then invoked

20 on the motion, the question shall be on the motion, with21

out further debate.’’