S.Res. 28

A resolution to establish as a standing order of the Senate that a Senator publicly disclose a notice of intent to objecting to any measure or matter.

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III

112th CONGRESS

1st Session

S. RES. 28

IN THE SENATE OF THE UNITED STATES

January 27, 2011

Mr. Wyden (for himself, Mr. Grassley, Mrs. McCaskill, Mr. Brown of Ohio, Mr. Bingaman, Mr. Inhofe, Mrs. Murray, Mrs. Shaheen, Mr. Udall of Colorado, Mr. Whitehouse, Ms. Klobuchar, Ms. Collins, Mr. Durbin, Mrs. Gillibrand, Mr. Tester, Mr. Johanns, Mr. Merkley, Mr. Begich, and Mr. Manchin) submitted the following resolution; which was considered and agreed to

RESOLUTION

To establish as a standing order of the Senate that a Senator publicly disclose a notice of intent to objecting to any measure or matter.

1.

Eliminating secret Senate holds

(a)

In general

(1)

Covered request

This standing order shall apply to a notice of intent to object to the following covered requests:

(A)

A unanimous consent request to proceed to a bill, resolution, joint resolution, concurrent resolution, conference report, or amendment between the Houses.

(B)

A unanimous consent request to pass a bill or joint resolution or adopt a resolution, concurrent resolution, conference report, or the disposition of an amendment between the Houses.

(C)

A unanimous consent request for disposition of a nomination.

(2)

Recognition of notice of intent

The majority and minority leaders of the Senate or their designees shall recognize a notice of intent to object to a covered request of a Senator who is a member of their caucus if the Senator—

(A)

submits the notice of intent to object in writing to the appropriate leader and grants in the notice of intent to object permission for the leader or designee to object in the Senator's name; and

(B)

not later than 2 session days after submitting the notice of intent to object to the appropriate leader, submits a copy of the notice of intent to object to the Congressional Record and to the Legislative Clerk for inclusion in the applicable calendar section described in subsection (b).

(3)

Form of notice

To be recognized by the appropriate leader a Senator shall submit the following notice of intent to object:

I, Senator ___, intend to object to ___, dated ___. I will submit a copy of this notice to the Legislative Clerk and the Congressional Record within 2 session days and I give my permission to the objecting Senator to object in my name.. The first blank shall be filled with the name of the Senator, the second blank shall be filled with the name of the covered request, the name of the measure or matter and, if applicable, the calendar number, and the third blank shall be filled with the date that the notice of intent to object is submitted.

(4)

Notices on the Senate floor

The requirement to submit a notice of intent to object to the Legislative Clerk and the Congressional Record shall not apply in the event a Senator objects on the floor of the Senate and states the following:

I object to ___, on behalf of Senator ___.

(b)

Calendar

(1)

Objection

Upon receiving the submission under subsection (a)(2)(B), the Legislative Clerk shall add the information from the notice of intent to object to the applicable Calendar section entitled `Notices of Intent to Object to Proceeding' created by Public Law 110-81. Each section shall include the name of each Senator filing a notice under subsection (a)(2)(B), the measure or matter covered by the calendar to which the notice of intent to object relates, and the date the notice of intent to object was filed.

(2)

Objection on behalf

In the case of an objection made under subsection (a)(4), not later than 2 session days after the objection is made on the floor, the Legislative Clerk shall add the information from such objection to the applicable Calendar section entitled Notices of Intent to Object to Proceeding created by Public Law 110–81. Each section shall include the name of the Senator on whose behalf the objection was made, the measure or matter objected to, and the date the objection was made on the floor.

(c)

Removal

A Senator may have a notice of intent to object relating to that Senator removed from a calendar to which it was added under subsection (b) by submitting to the Legislative Clerk the following notice:

I, Senator ___, do not object to ___, dated ___. The first blank shall be filled with the name of the Senator, the second blank shall be filled with the name of the covered request, the name of the measure or matter and, if applicable, the calendar number, and the third blank shall be filled with the date of the submission to the Legislative Clerk under this subsection.

(d)

Objecting on behalf of a member

Except with respect to objections made under subsection (a)(4), if a Senator who has notified his or her leader of an intent to object to a covered request fails to submit a notice of intent to object under subsection (a)(2)(B) within 2 session days following an objection to a covered request by the leader or his or her designee on that Senator's behalf, the Legislative Clerk shall list the Senator who made the objection to the covered request in the applicable Notice of Intent to Object to Proceeding calendar section.