S316 CONGRESSIONAL RECORD — SENATE January 12, 2009 

to inefficiencies and ineffectiveness 

that the United State Senate experienced in the 110th Congress. Commonly 

known as the ‘‘world’s greatest deliberative body,’’ the Senate has prided 

itself on free and fair debate on each 

and every issue that comes before it. 

Traditionally, members have had the 

right to offer virtually any amendment 

on any bill at any point in the legislative process. This all inclusive practice 

of legislating has earned the United 

States a unique place among modern 

democracies because of the open arena 

for ideas and sufficient debate. 

However, in the past 15 years both 

sides of the aisle have increasingly 

seen the majority leaders use their authority to seek first recognition and 

fill the amendment tree. Republicans 

and Democrats alike have been equally 

as guilty of this practice for history 

has shown, when there is a problem 

with this institution, bipartisan blame 

is easily applicable. Beginning in 1993, 

‘‘filling the tree’’ became increasingly 

prevalent as Senator George Mitchell 

used it 9 times in the 103rd Congress, 

Senator Trent Lott used it nine times 

in the 106th, and Senator Frist used it 

9 times in the 109th. In the recently 

concluded 110th Congress, Majority 

Leader Senator REID filled the tree on 

16 different occasions, bypassing the 

previous record amount by a significant margin. 

Regular order in this chamber was 

sacrificed in this past Congress, and in 

its place was a procedural tactic that 

prevented passage of legislation that 

would have been extremely beneficial 

for this country. Bills such as FAA Reauthorization—H.R. 2881, Climate 

Change Legislation—S. 3036, and the 

Energy Speculation Bill—S. 3268 were 

all derailed by this practice. Cloture on 

each piece of legislation was not 

achieved and caused any further movement on them to be stymied. Blame 

was placed on Republicans for engaging 

in obstruction through the use of the 

filibuster to prevent movement to debate. The fact of the matter was our 

side was completely blocked from participating in the legislative process, 

forcing our hand to oppose moving to 

the bill. 

My proposed resolution would disallow the majority leader or any other 

member from offering a first-degree 

amendment, followed by a second-degree amendment. It amends Rule 15, 

Standing Rules of the Senate and it is 

my hope the Senate can adopt this and 

operate under this rule in the 111th 

Congress and beyond. It is time for this 

chamber to conduct business in a logical, factual way; that is, for Senators 

to come to the floor and address the 

substance of the bill and offer amendments if they choose. 

Congress currently has an approval 

rating at a level that is unacceptable. 

As we enter a new Congress, efforts 

must be made to allow regular procedure to return to the United States 

Senate. It is my hope that the grueling 

hours members and staff put into legislation will be honored by giving it due 

consideration on the Senate floor. With 

a few changes in procedure, this Senate 

can ensure a more productive environment in the 111th Congress and beyond. 

f 

AMENDMENTS SUBMITTED AND 

PROPOSED 

SA 15. Mr. REID proposed an amendment 

to the bill S. 22, to designate certain land 

components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of 

the Interior and the Department of Agriculture, and for other purposes. 

SA 16. Mr. REID proposed an amendment 

to amendment SA 15 proposed by Mr. REID to 

the bill S. 22, supra. 

SA 17. Mr. REID proposed an amendment 

to the bill S. 22, supra. 

SA 18. Mr. REID proposed an amendment 

to amendment SA 17 proposed by Mr. REID to 

the bill S. 22, supra. 

SA 19. Mr. REID proposed an amendment 

to amendment SA 18 proposed by Mr. REID to 

the amendment SA 17 proposed by Mr. REID

to the bill S. 22, supra. 

SA 20. Mr. VITTER (for himself and Mr. 

SHELBY) submitted an amendment intended 

to be proposed by him to the bill S. 22, supra; 

which was ordered to lie on the table. 

SA 21. Mr. VITTER submitted an amendment intended to be proposed by him to the 

bill S. 22, supra; which was ordered to lie on 

the table. 

f 

TEXT OF AMENDMENTS 

SA 15. Mr. REID proposed an amendment to the bill S. 22, to designate certain land components of the National 

Wilderness Preservation System, to authorize certain programs and activities 

in the Department of the Interior and 

the Department of Agriculture, and for 

other purposes; as follows: 

At the end, insert the following: 

The provisions of this bill shall become effective 5 days after enactment. 

SA 16. Mr. REID proposed an amendment to amendment SA 15 proposed by 

Mr. REID to the bill S. 22, to designate 

certain land components of the National Wilderness Preservation System, to authorize certain programs and 

activities in the Department of the Interior and the Department of Agriculture, and for other purposes; as follows: 

In the amendment, strike ‘‘5’’ and insert 

‘‘4’’. 

SA 17. Mr. REID proposed an amendment to the bill S. 22, to designate certain land components of the National 

Wilderness Preservation System, to authorize certain programs and activities 

in the Department of the Interior and 

the Department of Agriculture, and for 

other purposes; as follows: 

At the end, insert the following: 

This bill shall become effective 3 days after 

enactment of the bill. 

SA 18. Mr. REID proposed an amendment to amendment SA 17 proposed by 

Mr. REID to the bill S. 22 to designate 

certain land components of the National Wilderness Preservation System, to authorize certain programs and 

activities in the Department of the Interior and the Department of Agriculture, and for other purposes; as follows: 

In the amendment, strike ‘‘3’’ and insert 

‘‘2.’’ 

SA 19. Mr. REID proposed an amendment to amendment SA 18 proposed by 

Mr. REID to the amendment SA 17 proposed by Mr. REID to the bill S. 22, to 

designate certain land components of 

the National Wilderness Preservation 

System, to authorize certain programs 

and activities in the Department of the 

Interior and the Department of Agriculture, and for other purposes; as follows: 

In the amendment, strike ‘‘2’’ and insert 

‘‘1’’. 

SA 20. Mr. VITTER (for himself and 

Mr. SHELBY) submitted an amendment 

intended to be proposed by him to the 

bill S. 22, to designate certain land 

components of the National Wilderness 

Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the appropriate place, insert the following: 

SEC. lll. DESIGNATION OF NATIONAL MONUMENTS. 

Section 2 of the Act of June 8, 1906 (16 

U.S.C. 431) is amended by striking ‘‘That 

the’’ and inserting the following: ‘‘After obtaining congressional approval of the proposed national monument and certifying 

compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) with respect to the proposed national 

monument, the’’. 

SA 21. Mr. VITTER submitted an 

amendment intended to be proposed by 

him to the bill S. 22, to designate certain land components of the National 

Wilderness Preservation System, to authorize certain programs and activities 

in the Department of the Interior and 

the Department of Agriculture, and for 

other purposes; which was ordered to 

lie on the table; as follows: 

At the appropriate place, insert the following: 

SEC. lll. EFFECTIVE DATE. 

This Act shall not go into effect until— 

(1) the President certifies that the Act 

would not increase the Federal deficit; and 

(2) the Secretary of Commerce and the Secretary of Energy certify that the Act would 

not limit access to energy resources. 

f 

ORDERS FOR TUESDAY, JANUARY 

13, 2009 

Mr. REID. Mr. President, I ask unanimous consent that when the Senate 

completes its business today, it stand 

adjourned until 10 a.m. on Tuesday, 

January 13; that following the prayer 

and pledge, the Journal of proceedings 

be approved to date, the morning hour 

deemed expired, and the time for the 

two leaders be reserved for their use 

later in the day; that there then be a 


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