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Comparative analysis of proposed amendments to Rule XXII (relating to

cloture)—Continued

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Comparative analysis of proposed amendments to Rule XXII (relating to

cloture)-Continued

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Comparative analysis of proposed amendments to Rule XXII (relating to

cloture)-Continued

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1 For the purposes of this tabulation it has been necessary to alter slightly the texts of some of the proposals. These changes, however, do not affect the legislative intent.

2 S. Res. 17 differs from the other proposals by providing for 2 votes: (1) On the following calendar day but one with a vote of two-thirds of the Senators present and voting required; and, if that should fail, (2) on the fifteenth calendar day thereafter with a vote of a majority of the Senators duly chosen and sworn required.

3 Effective only after fifteenth calendar day. (See footnote 2, supra.)

(S. Res. 17, 85th Cong.. Ist sess.)

RESOLUTION Resolved, That section 2 of rule XXII of the Standing Rules of the Senate is amended to read as follows:

"2. (a) If at any time, notwithstanding the provisions of rule III or rule VI or any other rule of the Senate, a motion, signed by sixteen Senators, to bring to a close the debate upon any measure, motion, or other matter pending before the Senate, or the unfinished business, is presented to the Senate pursuant to this subsection, the Presiding Officer shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the Secretary call the roll, and, upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question:

“ '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 a two-thirds vote of the Senators present and voting, then said 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 until disposed of.

Thereafter no Senator shall be entitled to speak in all more than one hour on the measure, motion, or other matter pending before the Senate, or the unfinished business, the amendments thereto, and motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. Except by unanimous consent, no amendment shall be in order after the vote to bring the debate to a close, unless the same has been presented and read prior to that time. No dilatory motion, or dilatory amendment, or amendment not germane shall be in order. Points of order, including questions of

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relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate.

“(b) If at any time, notwithstanding the provisions of rule III or rule VI or any other rule of the Senate, a motion, signed by sixteen Senators, to bring to a close the debate upon any measure, motion, or other matter pending before the Senate, or the unfinished business, is presented to the Senate pursuant to this subsection, the Presiding Officer shall at once state the motion to the Senate, and one hour after the Senate meets on the fifteenth calendar day thereafter (exclusive of Sundays and legal holidays), he shall lay the motion before the Senate and direct that the Secretary call the roll, and, upon the ascertainment that a quorum is present, the Presiding Officer shall, without further debate, submit to the Senate by a yea-and-nay vote the question:

“ '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 a majority vote of the Senators duly chosen and sworn, then said 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 until disposed of.

“Thereafter no Senator shall be entitled to speak in all more than one hour on the measure, motion, or other matter pending before the Senate, or the unfinished business, the amendments thereto, and motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. Except by unanimous consent, no amendment shall be in order after the vote to bring the debate to a close, unless the same has been presented and read prior to that time. No dilatory motion, or dilatory amendment, or amendment not germane shall be in order. Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate."

SEC. 2. Section 3 of rule XXII of the Standing Rules of the Senate is repealed.

[S. Res. 19, 85th Cong. Ist sess.)

RESOLUTION Resolved, That the Senate do now adopt as its rules for the Eighty-fifth Congress the rules which prevailed during the Eighty-fourth Congress except that rule 22 of the Standing Rules of the Senate is amended by striking from subsection 2 the words “two-thirds of the Senators duly chosen and sworn” and inserting in lieu thereof "two-thirds of the Senators present and voting but in no case less than a majority of the Senators duly chosen and sworn.'

[S. Res. 21, 85th Cong., 1st sess.)

RESOLUTION

Resolved, That subsection 2 of rule XXII of the Standing Rules of the Senate, relating to cloture, is hereby amended to read as follows:

"If at any time, notwithstanding the provisions of rule III or VI or any other rule of the Senate, a motion, signed by sixteen Senators, to bring to a close the debate upon any measure, motion, or other matter pending before the Senate, or the unfinished business, is presented to the Senate, the Presiding Officer shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the Secretary call the roll, and, upon the ascertainment that quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question:

" '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 a majority vote of those voting, then said 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 until disposed of.

“Thereafter no Senator shall be entitled to speak in all more than one hour on the measure, motion, or other matter pending before the Senate, or the unfinished business, the amendments thereto, and motions affecting the same; except that any Senator may yield to any other Senator all or any part of the aggregate period of time which he is entitled to speak; and the Senator to whom he so yields may speak for the time so yielded in addition to any period of time which he is entitled to speak in his own right. It shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. Except by unanimous consent, no amendment shall be in order after the vote to bring the debate to a close, unless the same has been presented and read prior to that time. No dilatory motion, or dilatory amendment, or amendment not germane shall be in order. Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate."

SEC. 2. Subsection 3 of such rule is hereby repealed.

[S. Res. 28, 85th Cong., 1st sess.)

RESOLUTION Resolved, That rule XXII of the Standing Rules of the Senate (relating to cloture) is modified as follows:

(1) The first paragraph of subsection 2 is amended by striking out "except subsection 3 of rule 22”.

(2) The first paragraph of subsection 2 is amended by striking out "on the following calendar day but one" and inserting in lieu thereof "on the twelfth calendar day thereafter (exclusive of Sundays and legal holidays)”.

(3) The second paragraph of subsection 2 is amended by striking out "by twothirds of the Senators duly chosen and sworn” and inserting in lieu thereof “by the vote of a majority of the authorized membership of the Senate”.

(4) Subsection 3 is hereby deleted.

[S. Res. 29, 85th Cong., 1st sess.]

RESOLUTION

Resolved, That it is the sense of the Senate that section 3 of rule XXII of the Standing Rules of the Senate, having operated as an infringement on the constitutional right of the Senate to make its own rules, is null, void, and of no further effect during the Eighty-fifth Congress.

[S. Res. 30, 85th Cong., 1st sess.)

RESOLUTION Resolved, That subsection 2 of rule XXII of the Standing Rules of the Senate is amended (1) by striking out “except subsection 3 of rule XXII,”, and (2) by striking out "two-thirds of the Senators duly chosen and sworn” and inserting in lieu thereof “two-thirds of the Senators present and voting”.

Sec. 2. Subsection 3 of rule XXII of the Standing Rules of the Senate is amended by striking out “and of subsection 2 of this rule”.

SEC. 3. Rule XXXII of the Standing Rules of the Senate is amended by inserting “1." immediately preceding “At”, and by adding at the end thereof a new paragraph as follows:

“2. The rules of the Senate shall continue from one Congress to the next Congress unless they are changed as provided in these rules.

(S. Res. 32, 85th Cong., 1st sess.)

RESOLUTION Resolved, That rule XXII of the Standing Rules of the Senate (relating to cloture) is modified as follows:

(1) The first paragraph of subsection 2 is amended by striking out “except subsection 3 of rule 22.”

(2) The first paragraph of subsection 2 is amended by striking out "on the following calendar day but one,” and inserting in lieu thereof, “on the fifth calendar day thereafter (exclusive of Sundays and legal holidays).”

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