III 

113TH CONGRESS 

1ST SESSION S. RES. 4 

To limit certain uses of the filibuster in the Senate to improve the legislative 

process. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 3, 2013 

Mr. UDALL of New Mexico (for himself, Mr. MERKLEY, and Mr. HARKIN) 

submitted the following resolution; which was ordered to lie over under 

the rule 

RESOLUTION 

To limit certain uses of the filibuster in the Senate to 

improve the legislative process. 

1 Resolved, 

2 SECTION 1. MOTIONS TO PROCEED. 

3 Paragraph 1 of rule XXII of the Standing Rules of 

4 the Senate is amended by inserting at the end the fol5 lowing new paragraph: 

6 ‘‘Other than a motion made during the first 2 hours 

7 of a new legislative day as described in paragraph 2 of 

8 rule VIII, consideration of a motion to proceed to the con9 sideration of any debatable matter, including debate on 

10 any debatable motion or appeal in connection therewith, 


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1 shall be limited to not more than 2 hours, to be equally 

2 divided between, and controlled by, the Majority Leader 

3 and the Minority Leader or their designees. This para4 graph shall not apply to motions considered nondebatable 

5 by the Senate pursuant to rule or precedent.’’. 

6 SEC. 2. EXTENDED DEBATE. 

7 Paragraph 2 of rule XXII of the Standing Rules of 

8 the Senate is amended by striking the second undesig9 nated paragraph and inserting the following: 

10 ‘‘Is it the sense of the Senate that the debate shall 

11 be brought to a close? And if that question shall be decided 

12 in the affirmative by three-fifths of the Senators duly cho13 sen and sworn, except on a measure or motion to amend 

14 the Senate rules, in which case the necessary affirmative 

15 vote shall be two-thirds of the Senators voting, a quorum 

16 being present, then cloture has been invoked. 

17 ‘‘If that question is on disposition of a bill or joint 

18 resolution, a resolution or concurrent resolution, a sub19 stitute amendment for a bill or resolution, a motion with 

20 respect to amendments between the Houses, a conference 

21 report, or advice and consent to a nomination or treaty, 

22 and if such question shall be decided in the affirmative 

23 by a majority of Senators voting, a quorum being present, 

24 but less than three-fifths of the Senators duly chosen and 

25 sworn (or less than two-thirds of the Senators voting, a 


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1 quorum being present, in the case of a measure or motion 

2 to amend the Senate rules), then it shall be in order for 

3 the Majority Leader (or his or her designee) to initiate 

4 a period of extended debate upon the measure, motion, 

5 or other matter pending before the Senate, or the unfin6 ished business, in relation to which the motion to close 

7 debate was offered, in which case the period of extended 

8 debate shall begin one hour later. 

9 ‘‘During a period of extended debate, such measure, 

10 motion, or other matter pending before the Senate, or the 

11 unfinished business, shall be the unfinished business to the 

12 exclusion of all other business, except on action or motion 

13 by the Majority Leader (or his or her designee). 

14 ‘‘During a period of extended debate it shall not be 

15 in order for a Senator other than the Majority Leader (or 

16 his or her designee) to raise a question as to the presence 

17 of a quorum, except immediately prior to a vote or when 

18 it has been more than forty-eight hours since a quorum 

19 was demonstrated. If upon a roll call it shall be 

20 ascertained that a quorum is not present, then the Senate 

21 shall adjourn to a time previously decided by order of the 

22 Senate or, if no such time has been established, then to 

23 a time certain determined by the Majority Leader, after 

24 consultation with the Minority Leader. 


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1 ‘‘During a period of extended debate a motion to ad2 journ or recess shall not be in order, unless made by the 

3 Majority Leader (or his or her designee) or if the absence 

4 of a quorum has been demonstrated. Notwithstanding 

5 paragraph 1 of rule XIX, there shall be no limit to the 

6 number of times a Senator may speak upon any question 

7 during a period of extended debate. 

8 ‘‘If, during the course of extended debate, the Pre9 siding Officer puts any question to a vote, the Majority 

10 Leader (or his or her designee) may postpone any such 

11 vote, which shall occur at a time determined by the Major12 ity Leader, after consultation with the Minority Leader, 

13 but not later than the time at which a quorum is next 

14 demonstrated. 

15 ‘‘If at any time during a period of extended debate 

16 no Senator seeks recognition, then the Presiding Officer 

17 shall inquire as to whether any Senator seeks recognition. 

18 If no Senator seeks recognition, then the Presiding Officer 

19 shall again put the question as to bringing debate to a 

20 close (and the Majority Leader or his or her designee may 

21 postpone such vote in accordance with the preceding para22 graph), which shall be decided without further debate or 

23 intervening motion. If that question shall be decided in 

24 the affirmative by a majority of Senators voting, a quorum 

25 being present, then cloture has been invoked and the peVerDate Mar 15 2010 05:44 Jan 04, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\SR4.IS SR4

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1 riod of extended debate has ended. If that question shall 

2 be decided in the negative by a majority of Senators vot3 ing, a quorum being present, then the period of extended 

4 debate has ended. 

5 ‘‘If cloture is invoked, then the measure, motion, 

6 other matter pending before the Senate, or the unfinished 

7 business, in relation to which the motion to close debate 

8 was offered, shall remain the unfinished business to the 

9 exclusion of all other business until disposed of.’’. 

10 SEC. 3. POST-CLOTURE DEBATE ON NOMINATIONS. 

11 Paragraph 2 of rule XXII of the Standing Rules of 

12 the Senate is amended by striking ‘‘After no more than 

13 thirty hours of consideration of the measure, motion, or 

14 other matter on which cloture has been invoked, the Sen15 ate shall proceed, without any further debate on any ques16 tion, to vote on’’ in the fourth undesignated paragraph 

17 and inserting ‘‘After no more than 30 hours of consider18 ation of the measure, motion, or other matter on which 

19 cloture has been invoked, except on the question of advice 

20 and consent to a nomination other than a nomination to 

21 a position as Justice of the Supreme Court in which case 

22 consideration shall be limited to 2 hours, the Senate shall 

23 proceed, without any further debate on any question, to 

24 vote on’’. 


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1 SEC. 4. CONFERENCE MOTIONS. 

2 Rule XXVIII of the Standing Rules of the Senate is 

3 amended by— 

4 (1) redesignating paragraphs 1 through 9 as 

5 paragraphs 2 through 10, respectively; 

6 (2) redesignating any reference to paragraphs 1 

7 through 9 as paragraph 2 through 10, respectively; 

8 and 

9 (3) inserting before paragraph 2, as redesig10 nated, the following: 

11 ‘‘1. A nondivisible motion to disagree to a House 

12 amendment or insist upon a Senate amendment, to re13 quest a committee of conference with the House or to 

14 agree to a request by the House for a committee of con15 ference, and to authorize the Presiding Officer to appoint 

16 conferees (or to appoint conferees), is in order and consid17 eration of such a motion, including consideration of any 

18 debatable motion or appeal in connection therewith, shall 

19 be limited to not more than 2 hours.’’. 

Æ 


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