Mr. President, I thank Senator Udall for taking the time and for his commitment to this institution so that it operates correctly. I thank Senator Merkley for his leadership. I agree with both Senators. If you are going to engage in…
Mr. President, I thank Senator Udall for taking the time and for his commitment to this institution so that it operates correctly. I thank Senator Merkley for his leadership.
I agree with both Senators. If you are going to engage in extraordinary action such as a filibuster, you should be on the floor talking about it. That makes sense, that when the Senate is in session, we should be conducting business. We shouldn't have to go through extensive quorum calls because a single Senator is objecting to us proceeding. We want to get back to the traditions of the Senate where this becomes the greatest deliberative body in the world, where we debate issues and we resolve issues and we act on issues.
I was listening to the distinguished Senator from Alabama, and he was pointing out how he believes that the Senate is not working the way it should and that we should be debating more amendments. I think we should be debating more amendments. I think the key we need is that we need to change the way the Senate has acted and operated in recent times, and that means we need to get more legislation more quickly and actually debate bills. We have to have committees able to report out legislation that could be acted on on the floor of the Senate. We have got to bring issues to conclusion.
There are two problems here, as I see it: One, we have had individual Senators who have used their right to object to a unanimous consent, delaying almost indefinitely--in some cases killing--legislation from being able to move forward by a single objection, and a lot of times they are not even on the floor of the Senate to make that objection. They just through their leader say, We don't want this bill to move forward; and maybe, yes, we will let it move forward if you will let us have 50 amendments. That is the same as killing the bill.
So we have seen individual Senators exercising their right to object who have brought legislation to a standstill on the floor of the Senate. That is wrong. And as my distinguished colleague, the Senator from New Mexico, pointed out, the majority leader has had to file record numbers of clotures to end debate because the minority party, for whatever reason, has not allowed us to proceed with legislation for debate.
Normally the majority party has the right to determine the agenda of the Senate. They don't have the right to pass bills; that is up to a majority of the Senate. But the majority leader should have the right to bring a bill to the floor of the Senate. That has been denied over and over by the minority party. That is wrong.
I agree with my friend from Alabama that there should be the right to offer amendments. I think we should debate issues. I agree with that. But that hasn't been the problem. The problem has been that a certain number of Members have used their right to object, working through the Republican leader, blocking us from considering a lot of bills on the floor of the Senate.
So what do we need to do? We need to be able to first move legislation forward. We need to be able to bring bills out of our committees and have them on the floor for debate, get on the amendment process.
We just took up the National Defense Authorization Act. We used that process. It worked. That bill passed the Senate by an overwhelming number. We considered many amendments. By the way, every amendment was considered by a majority vote. That is how this should work. Majority rules should rule on the floor of the Senate. I agree with all of that.
The first order is to be able to bring bills to the floor in a more efficient way. The second problem we have, quite frankly, is that the Republicans have blocked the ability to orderly consider the nominations of the President, whether they are his Cabinet or subcabinet positions or whether they are the article III judges. In many cases, once we get to the nomination it passes by an overwhelming majority. I can't tell you how many nominations have been approved basically by voice vote in the Judiciary Committee that have had to wait months for consideration on the floor of the Senate. In my State of Maryland we had several nominees, not controversial at all, who had to wait month after month for confirmation before they could sit as a district court judge.
First of all, it is unconscionable to make people wait when we need to have judicial positions filled. Secondly, it is affecting us getting the very best people to step forward to serve, because do they really want to go through that type of uncertainty, not even clear whether the Senate will act on their nomination before it adjourns? So the second issue is we have to act on nominations in a more efficient way.
The third--and I agree with my colleagues here. Ultimately, the majority of this body should be able to move legislation. And at a minimum, I agree, if you are using an extraordinary measure as a minority to block legislation, you should be on the floor of the Senate speaking on that issue. Your responsibility should be to talk. If you are using a filibuster, you should be there engaged in that filibuster.
I think these are reasonable reforms that we should try to move forward. This body operates on a lot of unanimous consents; we move a lot of legislation. We have what is known as the hot line, where at the end of the day we try to clear bills and then the leader brings them to the floor for consent or voice vote. At times there are Members who put a hold on a bill, and we have had Members who put holds on hundreds of bills. They should come to the floor to object. In many cases these are
not broad bills. These are bills that affect perhaps land in New Mexico or establishing a national park in Maryland that have gone through the whole committee process and we have worked out all the cost issues so there is no cost involved. They have passed the committee by overwhelming majority votes--in most cases unanimous votes. But now you need to move them forward so we put them on the hot line, and we don't even in some cases know who is objecting. The Senator who objects should come to the floor of the Senate and object and give a reason. I know we got rid of the so-called secret holds, but they still exist today. We should operate with Members being here on the floor conducting business, not in their office either in the Capitol or in their home States. They should be here on the floor of the Senate if they intend to exercise their right to object, and then give us an opportunity to work that out so we could move legislation more efficiently.
The bottom line, what we need to do, is make this system work more efficiently. This is the greatest deliberative body in the world. We should be debating issues. That means bringing bills to the floor in a more timely way, getting on amendments in a faster way, voting and debating issues for the American people.
I applaud the Senators from New Mexico and Oregon. They have taken the leadership on bringing this to the attention of the American people. I think for too long a period of time Americans didn't focus on this issue.
Well, they are focused on it today. They understand that a lot of the bills they wanted to see passed in the 112th Congress didn't get passed and they want to know why we didn't even debate those issues.
Let us reform our rules and procedures on the floor of the Senate to reflect the best traditions of the Senate. That is what the Senator from Oregon, the Senator from New Mexico, and others are trying to do.
The Senator from Alabama talked about restoring the traditions of the Senate. I hope we can do it in a bipartisan manner. That is the way it should be done. We should come together to preserve the institution. It should work whether the Democrats are in the majority or the Republicans are in the majority. The same rules should work. Whether we are in the majority or minority, we should believe that we should come to the floor of the Senate to debate the issues that are important to our constituents.
I thank again my friend from New Mexico for allowing me to engage in this colloquy with him. I applaud him again for standing up on this issue. I know it has been difficult at times when many people come over and say, Why are you trying to change the traditions of the Senate? The truth is we are not trying to change the traditions of the Senate. We are trying to restore the Senate to the type of body it should be. I don't think there is a single Member of the Senate who believes that we conducted business in the best traditions of the Senate during these past 2 years, and that has been because we have seen the abuses of individual Senators holding up bills and not being able to debate issues. We have to overcome that. I think we have a chance to do that at the beginning of the 113th Congress, which will start in less than 24 hours from now. I am pleased that the three of us will all be in the Senate in the 113th Congress, and I hope we will have a chance to resolve these issues because I think it is critically important for the people we represent in our respective States and in the country.
I thank the Senator for raising the issue. Let me tell people what happens all too frequently in this body. The President will nominate a person to be at a Cabinet-level or sub-Cabinet-level position that requires confirmation of the Senate. Individual Senators say: I have a problem. Maybe it is the person in the health department. I have some problems in the health department that I would like to see paid attention to. It has nothing at all to do with the nominee. In fact, getting a confirmed person in that position would be very important to getting those issues resolved. The Senator uses what is known as the courtesy of a hold to hold up that position in order to try to get changes made in that agency. That may take a week. That may take a month. That may never be resolved. In the meantime, we are not acting on many of the positions that require confirmation from the Senate.
I think we are down to about 500 positions now that require Senate confirmation. We streamlined that in the last Congress. We eliminated some that required the confirmation of the Senate. That was a good change we made 2 years ago. That worked. We now have somewhere around I think 500 or 600 positions that require Senate confirmation.
Let me give a little arithmetic here. If the majority leader has to bring a cloture motion in order to break an individual hold of a Senator on those 500 nominees, the Senate will do nothing but nominations. We will not be able to do any other business because, as you know, it could take up to 30 hours of postcloture time to consider just one nominee. So under the current rules of the Senate, if one Senator wants to stop the confirmation process, that Senator can basically stop it and bring it to a halt. That has happened. We have seen that happen too frequently.
One of the suggestions that has been made is that when we have these confirmations that have been approved by the committee, allow us to bring them to the floor and certainly eliminate or restrict the postcloture time because it is not used other than for a delay purpose. In that way, we can bring forward nominations more efficiently. If there is a serious problem, let a Senator register the problem. Let a Senator come to the floor and speak about the person. But we have not had discussions on the floor.
It is interesting--when we finally break that hold and the nomination comes forward, we finally get a cloture motion passed, the debate time is virtually zero. There is no debate time needed for these. It is not as though Senators are delaying it because they need debate time. These are strictly dilatory actions.
For the sake of any administration, whether it is a Republican administration or Democratic administration, whether it is the first term or second term, that President should be able to get his or her team in place. Yes, we should take seriously the advice and consent of the Senate. That means we should vote on those nominees. If there is a serious concern, let's vote on it, and if we want to filibuster it, be on the floor debating why.
We think the minority has a responsibility--or in some cases it could be a minority within the majority--to argue why we believe it is important to bring this matter to the attention of the American people. But don't continue the practice that has been used in recent times where nominations are delayed months and sometimes indefinitely because of basically unrelated issues or the will of the minority or a number of Senators--in some cases, just a handful. That should not happen. We should be able to do these more efficiently.
We have a recommendation for this, and it is very simple: Let's eliminate the postcloture time. That way, we would be able to bring the nominations to the floor and act on them in a much more timely way if there is really an issue about getting a vote on a nominee. There are ways we could do that, but it should be part of the reforms of the 113th Congress.
I thank Senator Udall for bringing up that issue. That is a very important issue for any administration, whether it is a Republican or Democratic administration. It is hard to hold an administration accountable if they do not have the confirmed top leaders of their team.
I can tell my friend from New Mexico, that is happening today. I have talked to people in Maryland who are very reluctant to put their names forward because they do not want to put their families and themselves through the uncertainty.
Let me tell you what happens. Let's say you are a distinguished attorney in a law firm and we would love to get you as an article III judge, so we convince you. You are the most distinguished person for this job, the person everybody wants, not partisan at all, no controversy. The Bar Association will give you the highest ratings. You have already been vetted through the FBI process. There is nothing in your background that would raise a concern with anyone. But you look at the calendar here and say: If I go through this, I am going to be on this calendar for at least 6 months, it looks like. What does that do to my law firm? Can I try cases? What do I do for the next 6 months? It is not fair to me, it is not fair to my law firm, and it is not fair to my family. So you are not going to put yourself forward.
Let me tell my colleagues about another problem. In many of these circuits where these judges are sitting--these nominees are waiting month after month, and we have judicial emergencies. We have a chronic problem of moving cases in these circuits, where the administrators of the courts--these are independent branches of government--tell us they cannot do their job because they do not have the manpower to do it. And we are holding up confirmations not because of any substantive reason but because of the process or because of one person in the Senate who, for reasons unrelated to that individual, is holding up all of these nominations. That is not right. We are denying our country the very best, who cannot step forward under this type of circumstance, and in many cases we are denying justice in our circuits because we do not have people in place to be able to timely resolve rule-of-law issues, which is the basis of our system here in America.
It is a very serious situation. We need to resolve how we handle the Article III confirmation process in the next Congress, which starts again in less than 24 hours, as well as the individuals whom we want on the boards who need confirmation--the sub-Cabinet and Cabinet positions.
The same thing is true of Cabinet positions. If you are an expert in securities issues and we want to get you on the Securities and Exchange Commission and you have to be out there for 6 months, what is it going to do for your business? Can you do your profession?
It is just not right. I think people are willing to be subjected to the scrutiny of advice and consent. They understand that. What they do not understand is dilatory delay, and that is what has to come to an end.
I thank my colleague for raising those issues.
I ask my colleague--I daresay most people in this country do not know what a motion to proceed is all about. They do not realize the majority leader cannot bring a bill. A bill might be reported. We might have a farm bill or a Defense authorization bill or we might have a bill coming out that reforms some of our judicial codes. It comes out of the committee with a bipartisan vote. I think our constituents will be surprised to learn that the majority leader cannot bring that bill to the floor. It has to go through what is called a motion to proceed.
What might happen in that motion to proceed? You might just tell us the problems we have today because we couldn't get to a lot of motions to proceed.
Under current policy, the motion to proceed has to be approved before anyone can offer any amendments. My friend from Alabama is talking about amendments. We cannot offer any amendments until we get the bill to the floor. So the majority leader is trying to bring up this bill to deal with housing because we have a housing crisis. It came out of the committee, everybody was ready to move on it, but he cannot get the motion to proceed approved. Now we are literally in no- man's land. We cannot offer amendments and cannot proceed on it.
The majority leader has one of two choices: He could wait for us to reach an agreement--if we ever reach an agreement--or file cloture. He should not have to do that. He should be able to offer the bill and offer amendments and get started. We cannot do that. We have to approve the motion to proceed first. So the majority leader tries to condense the clock. People complain that we are not getting work done, so he files cloture on the motion to proceed. As a result, we have to waste one full legislative day before we can get through to the vote on the cloture. If we get to the vote on the cloture--this is on the motion to proceed. This does not deny the right of any Member to offer any amendments, whether germane or not germane.
Let's say the majority wants to approve the motion to proceed and get 60 votes on the cloture--and, remember, this is the third legislative day. Let's say it is approved 95 to 1, because there was one objection. That's why we could not get the motion to proceed done. Now we are on the third legislative day and we have 30 hours of postcloture time. Another 2 days go by, and we are now on the bill, but we cannot debate the bill. We have not even started the amendments.
My friend from Alabama is saying he wants to deal with amendments. Well, I want to deal with amendments. Why do we have to waste all those days to get to the bill? That makes no sense at all. A lot of us think we should be able to bring up a motion to proceed. We have some recommendations on how we can expedite that and guarantee some amendments as part of the process. That is all part of what we have all been working on: How can we get the Senate back to its traditional way of considering legislation in a fair manner and making decisions?
At the end of the day, this is a democracy and the majority should be able to control the policy of this body. At the end of the day, it should be able to do that. Certainly those who object should be on the floor telling why they are objecting. I think that is what we are trying to do. We are trying to get this process to work in a fair manner, and I understand we have to protect the rights of the minority.
My friend from Alabama raised a very good point. There are no guarantees of how long one party will be in the majority. We understand that. The political whim of Americans changes over time, political preferences change over time, and we have to make sure that the rules we operate under protect both the majority and the minority. That is absolutely important.
The Senate is a deliberative body, and we want to make sure that all rights are protected, including the minority. However, what is wrong is when one, two, or a small group of Senators can basically bring this institution to a halt. They have done that over the last couple of years at a time when we could have done more business. I think starting tomorrow we have a chance to change some of those procedures. I hope we will be able to get that done.
Senator Udall has really brought these issues to light--whether it is the motion to proceed so we can start debate or whether it is how we can dispose of amendments, handle a filibuster, deal with court and other nominations, these are all important issues. How we deal with what we call comity, or respect of Senators, how Senators deal with objections, how they should be on the floor of the Senate to raise those objections, and how objections are done.
When a committee is considering a bill on the floor and the managers are considering that legislation--they have an orderly way to consider the amendments--and all of a sudden we hear one Senator objects and stops us from moving forward on amendments--well, that should not take place. If the Senator is going to object, have the Senator on the floor saying why he or she is objecting. Don't do it by saying we can stop consideration of the bill and go into a quorum call and lose all that valuable time.
I think there are some commonsense changes. I do hope we can get Democrats and Republicans joining together for these reforms. Whether Democrats or Republicans are in the majority, that is how the rules should work to protect all the Members of this institution.
The Senator is absolutely right. I think when those rules were promulgated, the view was they would be done routinely and that there would never be a challenge to the action taken. The action is going to conference, appointing conferees, and instructing the conference. The Senator is absolutely right, they are all the same. It is getting us into conference where the House and Senate Members can be together, resolve their differences, and report a common bill back to both bodies. That is the whole purpose of a conference committee.
I think it is particularly important today that when we have the House controlled by Republicans and the Senate controlled by Democrats, we should use regular order. We should meet with our Republican- controlled delegations
with the Senate and try to resolve our differences in an open and transparent way that the rules apply.
Under the current rules, since each one of those is a separate action--as Senator Udall pointed out--we can object to it being routinely approved. At that point, under the current rules, we can force--this is all precloture--a cloture motion being filed on each one of those three separate actions.
I already went over how much time it takes for a cloture motion to ripen. Let's assume we can get over that hurdle--which we cannot--each one of those cloture votes, even though they may be 99 to 1, will have 30 hours of postcloture. If we start to add it up, we are going to lose over a full week just to get into cloture, which obviously means we cannot get it to conference. We cannot use the deliberative process to resolve our differences and we cannot use the Senate unless we have unanimous consent, basically, and that is wrong.
So we do have a recommendation, and I am pleased the Senator pointed out that we are working with Republicans. We have had a group of Democrats and Republicans working together to try to resolve some of these differences, and I think there is general agreement to collapse those three motions into one motion so that at least we can eliminate the extra two votes and potential cloture votes and postcloture time which would be required. I think that is a relatively easy change for us to make. I don't know of anyone who objects to that. I have not heard of anyone who objects to that. I hope we could get that done.
When we start looking at where we could change the procedures and where we hope we could get bipartisan support, I think going to conference is one area on which we could get bipartisan support.
I agree with the Senator in that I have not heard of anyone who believes the motion to proceed has been used in the proper way. I think we can find a way to condense that. I hope we can. There have been some bipartisan recommendations to have orderly ways in which we could go to the motion to proceed immediately by certain guaranteed amendments or where the two leaders have agreed to go to a bill, so I think we could do that.
I think there has also been some agreement on the nomination to shorten the time so we can move that along. I think we have both Democrats and Republicans who are in agreement with that. I hope we can figure out a better way so we don't have to file all these cloture motions and waste a lot of time and those who object on the floor with the burden to debate the issue--I think that is the important reform that needs to be done.
I probably am in a position that most of the Members of this body are not in. I have served on one conference committee--I have been here 6 years--and it was a successful conference committee. It dealt with the payroll tax extensions and some of the other changes. I was able to serve on that and we were able to reach a conference agreement and we were able to get our work done in a timely way. We got it done early by Senate standards and the legislative standards. I am trying to think if there were any other conferences that were reported back. I think we had one maybe on aviation that was reported back. I don't think there were more than a handful of conferences that have met in the last several congresses. There were maybe a couple each Congress. Think about how many bills were between the House and the Senate. It is a rarity. It is virtually not used. Interestingly enough, when it is used, we generally get better results, earlier results, and more open results.
I appreciate the Senator mentioning serving in the State legislature. I am a former speaker of the State legislature. I think we get better laws when we use the legislative process and have a more open process where the committees work and bring the bills to the floor, actually debate them and amend them on the floor of the Senate. That way when there are differences between the House and the Senate, they are worked out by the Members. They actually meet and work out their differences.
We are the ones who are accountable for the legislative process. It should not be some supercommittee or bargaining units that are set up by the President and the Congress. They should not be the ones. It should be the legislators who make these decisions, and that is why I think it is so important to get the committees functioning, get the floor of the Senate functioning, and get the conference committees functioning. I think if we can do that, we are going to get better laws, laws that make more sense, better understood, and that will stand the test of time. That is what I think all of us are trying to do.
We seek these jobs because we believe in our system. We believe in the richness of an independent legislature where we are held accountable for the work we have done. Quite frankly, it is difficult for us to get our work done in an accountable way if we don't have an open and transparent system. When we don't have conference committees that can function or we don't have committee work that can come to the floor of the Senate, then we are diminishing our constitutional responsibility to the people who elected us.
The Senator from New Mexico has been the one who has brought this to us, and I know he has included others and certainly Senator Merkley has been in the forefront of this. The Senator from New Mexico has taken a real leadership role and he has done it in an open way. We want this done with Democrats and Republicans working together because we recognize the system only works when Democrats and Republicans can come together. That is why he has taken the time today on the floor of the Senate, and he has been very open about this issue. He has taken it to a lot of groups explaining the impact.
People ask us all the time: Why can't we do more to help the environment? Why can't we do more to help working families? Why can't we do more for affordable housing? Why can't we do more for affordable health care?
We say: We can't get that bill to the floor of the Senate.
They say: What are you talking about? You are a Senator. Bring it up on the floor of the Senate.
We heard Senator Sessions say the Senate can offer an amendment at any time. Just try.
We want the system to work. Whether a person is a Democrat or a Republican, we want the system to work. That is why we are taking this time today, at the end of the 112th Congress, to say: Look, what happens on Senate rules and procedures affects every person in this country.
I have talked to so many people who have come into my office with individual concerns, including families who are worried if their children will get the type of attention they need if perhaps they have a disability and they are working on a bill that will help, and they have all these cosponsors of the bill and they hear the committee reported it favorably and they are wondering why we can't act on it on the floor of the Senate. That is what is at stake. We can say to them: Oh, I am a cosponsor of that bill. I voted for that bill, but the bill didn't become law because of the process we have now.
That is what we have to correct. That is going to be our responsibility starting tomorrow, at noon, to deal with rules and procedures so we are in a position during the next 2 years to end the gridlock that has happened on
too many issues. Yes, the public understood somewhat the gridlock on the fiscal cliff. They don't understand the gridlock on that bill that affected that family with a child with a disability. They don't understand why that bill couldn't make it to the floor of the Senate. We understand that. What the Senator from New Mexico is doing is taking action so we can be held accountable and do our work in the most efficient way. I am proud to join him in these efforts and I urge all my colleagues to do everything we can in the next 24 hours so we can get progress made.
Look, we all know we are not going to get everything we want. This institution doesn't work that quickly, but let's make progress, and I think we can make progress in the 113th Congress.
I thank the Presiding Officer and I thank the Senator from New Mexico for their leadership.