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Bypassing Senate Committees: Rule XIV and Unanimous Consent

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. Bypassing Senate Committees: Rule XIV and Unanimous Consent Michael L. Koempel Senior Specialist in American National Government November 30, 2009 Congressional Research Service 7-5700 www.crs.gov RS22299 CRS Report for Congress Prepared for Members and Committees of Congress c11173008 . Bypassing Senate Committees: Rule XIV and Unanimous Consent Summary

Bypassing Senate Committees: Rule XIV and Unanimous Consent

May 20, 2015 (RS22299)

Summary

Most bills and joint resolutions introduced in the Senate, and many House-numbered bills and joint resolutions received by the Senate after House passage, are referred to committee. Provisions of Senate Rule XIV and unanimous consent, however, allow the Senate to bypass a measure’s referral to committee. Unanimous consent can also be used to truncate a committee’s consideration of a measure. Some bills and joint resolutions, however, are not referred to committee. This report examines the alternative procedures and actions that the Senate uses to bypass committee consideration of bills and joint resolutions. It also provides examples of how the Senate uses these alternative procedures and actions to facilitate consideration and passage of some bills and joint resolutions. Provisions of Senate Rule XIV and unanimous consent allow the Senate to bypass a measure's referral to committee. Rule XIV requires measures to be read twice before referral to committee. After the second reading, by objecting to By objecting after the second reading on a measure to any further proceeding under Rule XIVon it, a Senator, normally the majority leader (or a designee) leader, acting on his own initiative or at the request of any Senator, prevents a bill or joint resolution's referral to committee. The measure is placed directly on the Senate Calendar of General Orders. UnanimousBusiness. Alternately, unanimous consent is also used to bypass referral and place measures directly on the calendar. Placing a measure on the calendar, however, does not guarantee floor consideration. The Senate regularly uses unanimous consent to consider and pass noncontroversial legislation that has not been referred to committee. Unanimous consent can also be used to truncate a committee’s consideration of a noncontroversial measure referred to it, and for the Senate to pass the measure. The Senate leadership uses an informal process called “clearance” (or “hotlining”)

Although placing a measure directly on the calendar may facilitate calling it up later for consideration on the Senate floor, placement on the calendar does not guarantee floor consideration.

A bill or joint resolution, in addition, might be neither referred to committee nor placed on the calendar: a measure might be held at the desk (of the presiding officer). Another use of unanimous consent is to truncate a committee's consideration of a measure referred to it: a measure might be referred to a committee but then the committee by unanimous consent of the Senate is discharged from further consideration of the measure.

One purpose of using any of the means of bypassing committee referral or truncating committee consideration of a measure is to facilitate a measure's Senate consideration. The Senate leadership might use one of two informal processes, called clearance and hotlining, to determine if any Senator would object to a specific bill or joint resolution being considered and passed by unanimous consent. This report examines the framework of these alternatives applicable to bills and joint resolutions. Concurrent and simple resolutions are not examined here. This report will not be updated unless Senate procedures change. Congressional Research Service . Bypassing Senate Committees: Rule XIV and Unanimous Consent Contents Introduction ................................................................................................................................1 Using Rule XIV to Bypass a Senate Committee...........................................................................2 Measures Placed on Calendar by Unanimous Consent .................................................................4 Using Unanimous Consent to Bypass Committees for Floor Consideration..................................5 Same-Day Consideration.......................................................................................................5 Measure Held at the Desk .....................................................................................................7 Anticipating House Action ....................................................................................................7 Truncating Committee Action ...............................................................................................8 Contacts Author Contact Information ........................................................................................................8 Congressional Research Service . Bypassing Senate Committees: Rule XIV and Unanimous Consent Introduction When a Senator introduces a bill or joint resolution, the measure is usually referred to committee, pursuant to provisions of Senate Rules XIV, XVII, and XXV. When the House informs the Senate that it has passed a bill or joint resolution that was introduced in that chamber, the measure is also often similarly referred to a Senate committee. 1 Senate Rule XIV, paragraph 2 requires that bills and resolutions have three readings before passage, and that they be read twice before being referred to committee. 2 Although a Senator may demand that the readings occur on three different legislative days under paragraph 2, bills and joint resolutions may be read twice on the same day “for reference” (referral) if there is no objection (Rule XIV, paragraph 3). Most bills and resolutions are read twice “without any comment whatsoever from the floor”3 and referred to committee on the same day that they are introduced by a Senator or received from the House. 4 Senate Rule XVII, paragraph 1 states that a measure should be referred to the committee “which has jurisdiction over the subject matter which predominates....” Rule XXV contains the jurisdictions of the Senate’s standing committees. There also exist agreements between committees that might govern the referral of certain bills and joint resolutions.5 Under Rule XVII, paragraph 1, the presiding officer formally refers bills and joint resolutions; practically, the parliamentarian refers measures in behalf of the presiding officer. The introduction and referral of bills and joint resolutions, and the referral of House-passed bills and joint resolutions, occurs as “morning business,” pursuant to Senate Rule VII, paragraph 1.6 1 Senate rules contain procedures for the processing of concurrent and simple resolutions, which are not covered in this report. See especially Senate Rule XIV, para. 6. 2 The “third reading” occurs after Senate consideration of a measure and before the vote on final passage. See U.S. Congress, Senate, Riddick’s Senate Procedure, S.Doc. 101-28, 101st Cong., 2nd sess. (Washington: GPO, 1992), pp. 1290-1291 (hereafter Riddick’s Senate Procedure). 3 Ibid., pp. 1150-1151. 4 For example, on October 1, 2009, Senate bills S. 1735-S. 1748 and S.J.Res. 20 were introduced. The Congressional Record entry stated: “The following bills and joint resolutions were introduced, read the first and second times by unanimous consent, and referred as indicated[.]” “Introduction of Bills and Joint Resolutions,” Congressional Record, daily edition, vol. 155, October 1, 2009, pp. S10060-S10061. Also on October 1, 2009, the Senate received a message from the House that the House had passed H.R. 1053, H.R. 1333, H.R. 1727, and H.R. 1771, “in which it requests the concurrence of the Senate[.]” A Congressional Record entry stated: “The following bills were read the first and second times by unanimous consent, and referred as indicated.” “Message from the House” and “Measures Referred,” Congressional Record, daily edition, vol. 155, October 1, 2009, p. S10058. 5 Rule XVII, para. 3 allows a measure to be referred to more than one committee, jointly or sequentially, by motion of the majority and minority leaders; this procedure appears not to have been used. Joint and sequential referrals, however, have been made by unanimous consent. 6 This rule (para. 6) also allows the introduction of such measures by delivery to the presiding officer’s desk, “in the absence of objection.” In addition, in a unanimous consent request similar to ones in previous Congresses, the Senate permitted, “ ... that for the duration of the 111th Congress, Senators may be allowed to bring to the desk bills, joint resolutions, concurrent resolutions, and simple resolutions, for referral to appropriate committees.” Senator Harry Reid, remarks in the Senate, “Unanimous Consent Agreement,” Congressional Record, daily edition, vol. 155, January 6, 2009, p. S6. Congressional Research Service 1 . Bypassing Senate Committees: Rule XIV and Unanimous Consent The Senate may, however, use provisions of Senate Rule XIV or unanimous consent to completely or partially bypass potential referral of a bill or joint resolution to a Senate committee. The purpose of doing so could be to have a measure placed directly on the Senate’s Calendar of Business, which under General Orders lists measures eligible for floor consideration, or to immediately consider a measure. Senators might also convert introduced bills and resolutions into an amendment form and offer their proposal as a germane, relevant, or nongermane amendment, including amendments in the nature of a substitute and managers’ amendments, to another measure being considered on the Senate floor. They might also choose not to introduce a bill or resolution, but only seek to amend another measure. This report does not examine the use of the amendment process as a way to bypass Senate committees. 7 This report examines the framework and use of Rule XIV and unanimous consent to place bills and joint resolutions directly on the calendar and of unanimous consent requests to call up and pass noncontroversial measures. In the remainder of this report, “bill” or “bills” will be used to refer to bill(s) and joint resolution(s). Using Rule XIV to Bypass a Senate Committee Senate Rule XIV, paragraph 4, states: “ ... every bill and joint resolution introduced on leave, and every bill and joint resolution of the House of Representatives which shall have received a first possibly passed by unanimous consent.

The Senate regularly uses unanimous consent to consider and pass noncontroversial legislation that was placed directly on the calendar, that is at the desk (neither placed on the calendar nor referred to committee), that has been discharged from committee, or that has been reported from committee.

On major legislation, the majority leader typically attempts to obtain unanimous consent to proceed to the consideration of a measure, whether it was referred to or reported by a committee. In some limited circumstances, unanimous consent might also be used to pass such legislation.

This report does not examine procedures applicable to concurrent and simple resolutions, treaties, and nominations. Nor does it examine the use of a germane, relevant, or nongermane amendment instead of a bill or joint resolution. This report will not be updated again in the 114th Congress unless Senate procedures change.

Bypassing Senate Committees: Rule XIV and Unanimous Consent

Introduction

When a Senator introduces a bill or joint resolution, the measure is usually referred to committee, pursuant to provisions of Senate Rules XIV, XVII, and XXV. When the House informs the Senate that it has passed a bill or joint resolution that was introduced in the House, and the Senate receives the measure, the measure is also often referred to a Senate committee.1

Senate Rule XIV, paragraph 2 requires that bills and joint resolutions have three readings before passage, and that they be read twice before being referred to committee.2 Although a Senator may demand (under paragraph 2) that the readings occur on three different legislative days, bills and joint resolutions may be read twice on the same day "for reference" (referral) if there is no objection (under paragraph 3). Most bills and joint resolutions are read twice "without any comment whatsoever from the floor"3 and referred to committee on the same day that they are introduced by a Senator or received from the House.4

Senate Rule XVII, paragraph 1 states that a measure should be referred to the committee "which has jurisdiction over the subject matter which predominates.... " Rule XXV contains the jurisdictions of the Senate's standing committees. These rules and the precedents from referral decisions based on them guide the referral of measures. There also exist agreements between committees that might govern the referral of certain bills and joint resolutions.5

Under Rule XVII, paragraph 1, the presiding officer formally refers bills and joint resolutions; in practice, the parliamentarian refers measures in behalf of the presiding officer. The introduction and referral of bills and joint resolutions, and the referral of House-passed bills and joint resolutions, occurs as "morning business," pursuant to Senate Rule VII, paragraph 1.6

The Senate may, however, use provisions of Senate Rule XIV or unanimous consent to bypass referral of a bill or joint resolution to a committee. The Senate might also hold a measure in abeyance at the desk (of the presiding officer), at least temporarily not referring it to committee or taking other action on it. The Senate might also agree by unanimous consent to truncate a committee's consideration of a measure that had been referred to it. Reasons for bypassing a committee's consideration of a bill or joint resolution include wishing to place the measure directly on the Senate's Calendar of Business, which under General Orders lists measures eligible for floor consideration, or wanting to immediately call up and consider the measure.

Senators might also convert introduced bills and resolutions into an amendment form and offer their proposal as a germane, relevant, or nongermane amendment, including amendments in the nature of a substitute and managers' amendments, to a measure being considered on the Senate floor. They might also choose not to introduce a bill or resolution at all, but only seek to amend another measure. This report does not examine the use of the amendment process as a way to bypass Senate committees.7

This report examines alternative procedures and actions that the Senate uses to bypass committee consideration of bills and joint resolutions. It also provides examples of how the Senate uses these alternative procedures and actions to facilitate consideration and passage of some bills and joint resolutions.

In the remainder of this report, bill or bills and measure or measures will be used to refer to bills and joint resolutions.

Using Rule XIV to Bypass a Senate Committee Senate Rule XIV, paragraph 4, states: "... every bill and joint resolution introduced on leave, and every bill and joint resolution of the House of Representatives which shall have received a first and second reading without being referred to a committee, shall, if objection be made to further proceeding thereon, be placed on the Calendar.” (." (Emphasis added.) .) Therefore, through objection, a bill after two readings is prevented from being referred to committee and is placed directly on the calendarSenate's Calendar of Business. It is usually the majority leader, or his designee, (or a Senator in the majority leader's stead), acting on his own or at the request of any other Senator, who objects to “"further proceeding”— "—committee referral—on a measure. 8 8 For example, this procedure was used to place directly on the calendar S. 1858. On October 22, 2009S. 2262 directly on the calendar. On April 28, 2014, the presiding officer recognized the majority leader Senator Sherrod Brown for this colloquy with the chair Mr. REID. It is my understanding:9 Mr. BROWN. Mr. President, I understand that S. 2262, introduced earlier today by Senators Shaheen, Portman, and others[,] is at the desk, and I ask for its first reading.

The PRESIDING OFFICER. The clerk will read the bill by title for the first time.

The assistant legislative clerk read as follows:

A bill (S. 2262) to promote energy savings in residential buildings and industry, and for other purposes.

Mr. BROWN. Mr. President, I ask for its second reading and object to my own request.

The PRESIDING OFFICER. Objection is heard. The bill will be read for a second time on the next legislative day.10

In the next edition of the Senate's Calendar of Business on April 29, this action was recorded in the section Bills and Joint Resolutions Read the First Time. The measure was pending at the desk (of the presiding officer).

Since objection had been heard to the second reading, the presiding officer recognized Majority Leader Harry Reid the next legislative day, April 29:

S. 1858 is at the desk and due for its first reading. The PRESIDING OFFICER. The clerk will report. The legislative clerk read as follows: 7 For example, in the 111th Congress, the Health, Education, Labor, and Pensions Committee and the Finance Committee originated health-care bills, S. 1679 and S. 1796, respectively. The majority leader called up H.R. 3590, a House-passed bill concerning application of the first-time homebuyer’s tax credit to members of the armed forces. Once the Senate invoked cloture on the motion to proceed to consider H.R. 3590, the majority leader offered an amendment in the nature of a substitute for the text of H.R. 3590. The amendment was the majority leader’s version of health-care reform, different from either of the reported bills. “Service Members Home Ownership Tax Act of 2009— Motion to Proceed,” Congressional Record, daily edition, vol. 155, November 21, 2009, p. S11967. For explanation of the amendment process in the Senate, see CRS Report 98-707, Senate Amendment Process: General Conditions and Principles, by Walter J. Oleszek; CRS Report 98-614, Amendments in the Senate: Types and Forms, by Christopher M. Davis; and CRS Report 98-853, The Amending Process in the Senate, by Betsy Palmer. 8 See also Riddick’s Senate Procedure, pp. 225-226 and 240-248. Congressional Research Service 2 . Bypassing Senate Committees: Rule XIV and Unanimous Consent A bill (S. 1858) to require Senate candidates to file designations, statements, and reports in electronic form. Mr. REID. Mr. President, I ask for a second reading but object to my own request. The PRESIDING OFFICER. Objection is heard. The bill will be read for the second time on the next legislative day. 9 In the next edition of the calendar on October 26, this action was recorded in the section Bills and Joint Resolutions Read the First Time. The measure was held at the desk. Since objection had been heard to the second reading, the presiding officer recognized Senator Reid the next legislative day, October 26: Mr. REID. Mr. President, I am told that S. 2262S. 1858 is at the desk and is due for aits second reading. The ACTING The PRESIDENT pro tempore. The clerk will reportread the bill by title for the second time. The legislative clerk read as follows: A bill (S. 2262) to promote energy savings in residential buildings and industry, and for other purposes.

Mr. REID. I object to any further proceedings with respect to this bill.

TheS. 1858) to require Senate candidates to file designations, statements, and reports in electronic form. Mr. REID. Mr. President, I object to any further proceeding with regard to this bill [in order to place it on the calendar under the provisions of rule XIV]. The ACTING PRESIDENT pro tempore. Objection is heard. The bill will be placed on the calendar.10 S. 185811 S. 2262 had received its second reading, but there was objection to further proceeding on referral of the bill to committee. The presiding officer, under Rule XIV, ordered that the bill be placed on the Senate Calendar. In the calendar beginning October 27, S. 1858April 30, S. 2262 appeared as Calendar Order No. 187368 in the section General Orders, with other measures availableeligible for floor consideration. 12 This same procedure is followed to have House-passed bills and joint resolutions placed directly on the Senate Calendar.11 calendar.13 Broadly, the two purposes of preventing referral of a bill to a committee by placing it on the Senate Calendar are (1) to facilitate the full Senate’'s opportunity to consider the measure; or (2) to bypass a committee’'s potential inaction or, to thea bill's sponsor, potential hostile action.12 While placing a bill directly on the calendar 9 Senator Harry Reid, remarks in the Senate, “Measure Read the First Time—S. 1858,” Congressional Record, daily edition, vol. 155, October 22, 2009, p. S10709. 10 Senator Harry Reid, remarks in the Senate, “Measure Placed on the Calendar—S. 1858,” Congressional Record, daily edition, vol. 155, October 26, 2009, p. S10711. 11 See, for example, Senator Mark Begich, remarks in the Senate, “Measures Read the First Time—H.R. 3548, H.R. 3590, S. 1772,” Congressional Record, daily edition, vol. 155, October 8, 2009, p. S10327; and Senator Harry Reid, remarks in the Senate, “Measures Placed on the Calendar—H.R. 3548, H.R. 3590, S. 1772,” Congressional Record, daily edition, vol. 155, October 13, 2009, p. S10333. 12 On occasion, a Senator introduces a bill, which is referred to committee, and later introduces an identical or similar (continued...) Congressional Research Service 3 . Bypassing Senate Committees: Rule XIV and Unanimous Consent 14 Although placing a bill directly on the calendar does not guarantee that the full Senate will ever consider it, the measure is available for floor consideration and certain procedural steps, like committee reporting or discharging a committee from a bill’'s consideration, and procedural requirements, like the two-day availability of a committee report, may be obviated. In the 110th15 In the 113th Congress, at least 157140 bills were placed directly on the calendar using the Rule XIV procedure. 1316 For example, S. 5, the Stem Cell Research Enhancement Act47, the Violence Against Women Reauthorization Act of 2013, was an important legislative initiative. A reason that it might have been placed directly on the calendar was that the full Senate already considered related measures in the 109th Congress and the underlying issues had been debated over the course of several Congresses. In October 2008, two Senate bills dealing with the economic crisis (S. 3688 and S. 3689) were placed directly on the calendar, thereby allowing the majority leader to expeditiously call them up for consideration by the Senate. As mentioned, House-passed bills might also be placed directly on the calender using the Rule XIV procedure. The Senate might choose this option when a Senate measure is already on the calendar, a Senate committee is in the process of completing consideration of companion legislation, an amendment to the House measure is already in discussion among interested Senators, support for the House-passed measure is stronger in the full Senate than in the committee to which it would be referred, or Senate Judiciary Committee had reported a related measure in the 112th Congress (S. 1925; S.Rept. 112-153), which had passed the Senate.17 On January 22, 2013, in the 113th Congress, Judiciary Chairman Patrick Leahy introduced S. 47, which was read a first and second time and placed on the calendar on January 28, thereby enabling the majority leader to expeditiously call up the bill in the Senate.

Although no measure on the Senate Calendar is assured rapid or any consideration, the majority leader moved to proceed to the consideration of S. 47 on January 31, and the Senate agreed to the motion by a vote of 85-8 on February 4. Debate and consideration of amendments continued through February 12, when the Senate voted 78-22 to pass the bill.18

As mentioned, House-passed bills might also be placed directly on the calendar using the Rule XIV procedure. The Senate might choose this option when—

  • a related Senate measure is already on the calendar;
  • a Senate committee is in the process of completing consideration of Senate companion legislation;
  • an amendment to the House measure is already in discussion among interested Senators and the House-passed measure will be the Senate's legislative vehicle;
  • support for the House-passed measure is stronger in the full Senate than in the committee to which it would be referred;
  • the House-passed measure includes tax or appropriations provisions, which must originate in the House, requiring the use of a House-passed legislative vehicle; or
    • for another reason. House-passed measures placed on the calendar in this way in the 110th113th Congress included H.R. 251, the South Utah Valley Electric Conveyance ActH.R. 2, increasing the federal minimum wage, and H.R. 1960, the National Defense Authorization Act for Fiscal Year 2014, where companion Senate bills were already pending on the calendar. H.R. 4040, amendments to the Consumer Product Safety Act. The procedure under Rule XIV is also used by the minority party, or aminority-party Senators, or by a majority-party Senator with a viewpoint different on an issue from that of other Senators of his or her party, to give added visibility to specific bills and to avoid potential inaction or hostility in a Senate committee. A Republican SenatorsSenator in the 110th 113th Congress, for example, used this procedure to put bills such as S. 2973, a Republican energy bill, directly on the calendar. Measures Placed on Calendar by Unanimous Consent directly on the calendar S. 201, a bill to prohibit the sale and delivery of military hardware to Egypt. Measures Placed on the Senate Calendar by Unanimous Consent By unanimous consent, bills may also be read the first and second times and placed directly on the calendar. This procedure was used in the 110th113th Congress for House-passed bills such as H.R. 3716, a bill ratify a water settlement agreement affecting the Pyramid Lake Paiute tribeH.R. 137, increasing criminal sanctions pertaining to animal fighting. The Senate companion measure, S. 1818, had been reported earlier from a Senate committee and was pending on the Senate Calendar.19

    Even major legislation might be placed directly on the calendar by unanimous consent. For example, in the 113th Congress, Majority Leader Reid anticipated that the Senate would soon receive from the House H.J.Res. 59, the fiscal year 2014 continuing appropriations resolution. In order to ensure that he could quickly call up the measure, the majority leader made this unanimous consent request on September 19, 2013:

    Mr. President, I ask unanimous consent that[,] when the Senate receives H.J.Res. 59 from the House, the measure be placed on the calendar with a motion to proceed not in order until Monday, September 23.20

    When the majority leader obtained the Senate's unanimous consent, the House was still one day from voting to adopt H.J.Res. 59.

    Using Unanimous Consent to Bypass Committees for Floor Consideration     S. 261, was reported from Senate committee the same day the House passed its measure. (...continued) measure and places it directly on the calendar under Rule XIV. The Senator might do this to bypass a committee’s hostility to the first measure: the committee would neither report the measure nor allow it to be discharged by unanimous consent. Alternately, as mentioned in the introduction to this report, a Senator can seek to offer a measure in the form of an amendment to another measure. 13 These 157 measures were identified by a search of the Congressional Record on the Legislative Information System. Such a search of the 109th Congress identified at least 119 measures. Congressional Research Service 4 . Bypassing Senate Committees: Rule XIV and Unanimous Consent Using Unanimous Consent to Bypass Committees for Floor Consideration Senate floor consideration of a bill could be characterized as a two-step process. There is first debate and a decision by the Senate whether to consider a measure: a vote on, or unanimous consent to, a motion to proceed to consideration of the measure. There is then debate, possible amendment, and a vote on final passage of the measure itself. On many pieces of noncontroversial legislation, Senate leaders might use one of twouse an informal process called “clearance” (or “hotlining”).processes called clearance and hotlining to determine the feasibility of expeditious or immediate consideration of a measure.21 Senators are notified of pending noncontroversial bills to determine if any Senator would object to proceeding to consider and then passing a specific measure by unanimous consent—with little or no debate, no motion or amendment unless it is sought as part of clearance, and no votes. 14, likely, no recorded votes.22 The process of passing noncontroversial measures may include bypassing a Senate committee or truncating committee action, although a committee might well have played a key role in the development of the noncontroversial measure sought to be passed or in its clearance. in the measure's clearance. On major legislation, the majority leader also attempts to obtain unanimous consent to proceed to consideration of a measure. The majority leader might seek unanimous consent even if the measure was not referred to or reported by a committee.23 If successful in negotiating unanimous consent to proceed to the consideration of a measure, or perhaps to discharge a committee from further proceedings on a measure and then to proceed to its consideration If successful, the majority leader will propound a unanimous consent request on the Senate floor to proceed to consideration. If unsuccessful, the motion to proceed is debatable and therefore may be filibustered; procedural objections in the form of points of order might also be available to opponents. Once the motion to proceed is agreed to by vote or by unanimous consent, consideration of the measure begins. The majority leader might seek a complex unanimous consent agreement or a series of such agreements (also called “time-limitation agreements”) that structure debate and the amendment process to bring the Senate to a vote on final passage. This section of the report illustrates the use of unanimous consent to bypass or truncate committee consideration of noncontroversial legislation and expeditiously pass such bills on the Senate floor. 15 Same-Day Consideration The Senate may pass some noncontroversial bills the day they are introduced, for example, in the 111th Congress, S. 1818, the Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act: 14 Measures may be taken up during time set aside for morning business (in a period dubbed the “wrap-up period”), or during the conduct of legislative business, when the unanimous consent request temporarily suspends other business if other business is before the Senate. 15 For a explanation of how the Senate might consider major legislation, see CRS Report 96-548, The Legislative Process on the Senate Floor: An Introduction, by Valerie Heitshusen; CRS Report RS20668, How Measures Are Brought to the Senate Floor: A Brief Introduction, by Christopher M. Davis; CRS Report 98-225, Unanimous Consent Agreements in the Senate, by Walter J. Oleszek; and CRS Report RS20594, How Unanimous Consent Agreements Regulate Senate Floor Action, by Richard S. Beth. Congressional Research Service 5 . Bypassing Senate Committees: Rule XIV and Unanimous Consent Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. 1818. The ACTING PRESIDENT pro tempore. The clerk will report the bill by title. The legislative clerk read as follows: A bill (S. 1818) to amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to honor the legacy of Stewart L. Udall, and for other purposes. There being no objection, the Senate proceeded to consider the bill. Mr. REID. Mr. President, I ask unanimous consent that the bill be read three times and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the RECORD. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The bill (S. 1818) was read the third time and passed, as follows: The bill (S. 1818) was ordered to be engrossed for a third reading, was read the third time, and passed[.]16 The Senate may also pass some noncontroversial House-passed bills when they are received. For example, the Senate received a message from the House March 18, 2009, regarding H.R. 1512, the short-term Federal Aviation Administration Extension Act, and passed the bill that day: Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of H.R. 1512. The PRESIDING OFFICER. The clerk will report the bill by title. The assistant legislative clerk read as follows: A bill (H.R. 1512) to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes. There being no objection, the Senate proceeded to consider the bill. Mr. REID. Mr. President, I ask unanimous consent the bill be read three times and passed; the motion to reconsider be laid upon the table, with no intervening action or debate, and any statements related to the measure be printed in the RECORD. The PRESIDING OFFICER. Without objection, it is so ordered. The bill (H.R. 1512) was ordered to be read a third time, was read the third time, and passed.17 16 Senator Harry Reid, remarks in the Senate, “Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009,” Congressional Record, daily edition, vol. 155, October 20. 2009, p. S10585. Congressional Research Service 6 . Bypassing Senate Committees: Rule XIV and Unanimous Consent If the measure is a joint resolution rather than a bill, and the joint resolution has a preamble,18 the unanimous consent request on passage must encompass the preamble. So, for example, Senator Reid made this request pertaining to H.J.Res. 26, posthumously proclaiming honorary citizenship for Casimir Pulaski: I ask unanimous consent the joint resolution be read a third time and passed, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and any statements be printed in the RECORD.19 (Emphasis added.) Measure Held at the Desk House bills might be received by the Senate or Senate bills introduced with no immediate further proceedings on them. They are held at the desk, sometimes pending a decision on referring them to committee, passing them without committee consideration, or obtaining clearance from all Senators. For example, H.R. 3663, pertaining for pharmacy durable medical equipment accreditation, was received in the Senate October 1, 2009. Although other bills were received from the House that day and referred, no further proceedings occurred on H.R. 3663. On October 5, the Senate took up and passed H.R. 3663 by unanimous consent. To proceed to consideration, Senator Richard J. Durbin simply stated: I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 3663, which was received from the House. 20 The bill was passed by unanimous consent. Anticipating House Action The Senate might anticipate passage of a measure by the House, and agree by unanimous consent to Senate passage. For example, the Senate in the 109th Congress anticipated House passage of H.R. 241, following the Indian Ocean tsunami: Mr. McCONNELL. I ask unanimous consent that when the Senate receives from the House H.R. 241, the Senate proceed to its immediate consideration, that the bill be read three times, passed, and the motion to reconsider be laid on the table without intervening action or debate. The PRESIDING OFFICER. Without objection, it is so ordered.21 (...continued) 17 Senator Harry Reid , remarks in the Senate, “Federal Aviation Administration Extension Act of 2009,” Congressional Record, daily edition, vol. 155, March 18, 2009, p. S3379. 18 Introductory text, sometimes called “whereas clauses,” preceding the resolving clause of a resolution. 19 Senator Harry Reid, remarks in the Senate, “Proclaiming Casimir Pulaski to be an Honorary Citizen of the United States Posthumously,” Congressional Record, daily edition, vol. 155, October 22, 2009, p. S10709. 20 Senator Richard J. Durbin, remarks in the Senate, “Pharmacy DME Accreditation Delay,” Congressional Record, daily edition, vol. 155, October 5, 2009, p. S10117. 21 Senator Mitch McConnell, remarks in the Senate, “Unanimous Consent Agreement—H.R. 241,” Congressional Record, daily edition, vol. 151, January 6, 2005, p. S41. See also Riddick’s Senate Procedure, pp. 230-231. Congressional Research Service 7 . Bypassing Senate Committees: Rule XIV and Unanimous Consent Truncating Committee Action Noncontroversial Senate bills and House-passed measures are often referred to committee. A committee might later be discharged from a measure’s consideration. For example, S. 735, the Protecting Incentives for Adoption of Children with Special Needs Act, was introduced March 30, 2009, and referred to the Finance Committee, which three days later was discharged from its consideration: Mr. REID. Mr. President, I ask unanimous consent that the Finance Committee be discharged from further consideration of S. 735 and the Senate proceed to its consideration. The PRESIDING OFFICER. Without objection, it is so ordered. The clerk will report the bill by title. The assistant legislative clerk read as follows: A bill (S. 735) to ensure States receive adoption incentive payments for fiscal year 2008 in accordance with the Fostering Connections to Success and Increasing Adoptions Act of 2008. There being no objection, the Senate proceeded to consider the bill. Mr. REID. Mr. President, I ask unanimous consent that the bill be read a third time, passed, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements relating to the bill be printed in the RECORD. The PRESIDING OFFICER. Without objection, it is so ordered. The bill (S. 735) was ordered to be engrossed for a third reading, was read the third time, and passed[.]22 Several House-passed bills naming postal facilities were referred to the Homeland Security and Governmental Affairs Committee in the 109th Congress, which the committee ordered reported. The committee was subsequently discharged from further consideration of the measures, ending committee action before the bills were reported.23 Author Contact Information Michael L. Koempel Senior Specialist in American National Government mkoempel@crs.loc.gov, 7-0165 22 Sen. Harry Reid, remarks in the Senate, “Adoption Incentive Payments for Fiscal Year 2008,” Congressional Record, daily edition, vol. 155, April 2, 2009, p. S4397. 23 See, for example, the legislative history of H.R. 120 (109th Cong.), a bill naming a U.S. Postal Service facility for former Rep. Dalip Singh Saund. Congressional Research Service 8 propounds a unanimous consent request on the Senate floor to proceed to the consideration of the specified measure.24

    This section of the report illustrates the use of unanimous consent to bypass or truncate committee consideration of legislation and, particularly for noncontroversial legislation, to expeditiously pass such bills on the Senate floor.25

    Same-Day Consideration

    The Senate may pass some noncontroversial bills the day they are introduced, for example, in the 113th Congress, S. 716, to modify the STOCK Act requirements:

    Mr. COONS. Madam President, I ask unanimous consent that the Senate proceed to the consideration of S. 716, introduced earlier today.

    The PRESIDING OFFICER. The clerk will report the bill by title.

    The legislative clerk read as follows:

    A bill (S. 716) to modify the requirements under the STOCK Act regarding online access to certain financial disclosure statements and related forms.

    There being no objection, the Senate proceeded to consider the bill.

    Mr. COONS. I ask unanimous consent that the bill be read three times and passed, the motion to reconsider be laid upon the table, with no intervening action or debate.26

    The PRESIDING OFFICER. Without objection, it is so ordered.27

    The Senate may also pass some House-passed bills when they are received. For example, the Senate received a message from the House September 30, 2013, regarding H.R. 3210, the Pay Our Military Act, and passed the bill that day:

    Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of H.R. 3210, which was received from the House in the last 24 hours. I ask unanimous consent that the bill be read three times, passed, and the motion to reconsider be considered made and laid upon the table.

    The PRESIDING OFFICER. Is there objection?

    Without objection, it is so ordered.

    The bill (H.R. 3210) was ordered to a third reading, was read the third time, and passed.28

    If the measure is a joint resolution rather than a bill, and the joint resolution has a preamble,29 the unanimous consent request on passage must encompass the preamble. So, for example, Senator Reid made this request pertaining to S.J.Res. 22 (112th Congress), to grant congressional consent to a change in a compact between the states of Missouri and Illinois:

    I ask unanimous consent the joint resolution be passed, the preamble be agreed to, the motion to reconsider be made and laid upon the table, there be no intervening action or debate, and any statements be printed in the Record.30 (Emphasis added.)

    Measures at the Desk or Held at the Desk

    House bills might be received by the Senate, or Senate bills might be introduced, with no immediate further proceedings on them. They may be held at the desk or ordered to be held at the desk, sometimes pending a decision on referring them to committee, passing them without committee consideration, or obtaining clearance from all Senators. For example, H.R. 3095, pertaining to requirements regarding sleep disorders of truckers, was received in the Senate on September 27, 2013. Although other bills received from the House that day were referred, no proceedings occurred on H.R. 3095. On October 4, the Senate took up and passed H.R. 3095 by unanimous consent. To proceed to consideration, Majority Leader Reid simply stated,

    I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 3095, which is at the desk.31

    The bill was passed by unanimous consent.32

    The Senate might even amend a bill that is taken from the desk and considered, as it did with H.R. 83, a bill directing the Secretary of the Interior to address the energy needs of U.S. insular areas and the Freely Associated States. The pertinent words spoken after there was no objection to the Senate's consideration of the bill were:

    I ask unanimous consent that a Murkowski substitute amendment, which is at the desk, be agreed to; the bill, as amended, be read a third time and passed; and the motion to reconsider be considered made and laid upon the table with no intervening action or debate.33

    A companion bill, S. 2986, had been referred earlier to the Senate Energy and Commerce Committee. H.R. 83, as amended, was passed by unanimous consent.

    Anticipating House Action

    The Senate might anticipate passage of a measure by the House, and agree by unanimous consent to Senate passage. For example, the Senate in the 113th Congress anticipated House passage of a bill that would provide a short-term extension for special Iraqi immigrant visas:

    Mr. REID. Mr. President, I ask unanimous consent that if the Senate receives a bill from the House which is identical to S. 1566, a bill providing a short-term extension of Iraq special immigrant visas, as passed by the Senate, then the bill be read three times and passed and the motion to reconsider be laid on the table with no intervening action or debate.

    The PRESIDING OFFICER. Without objection, it is so ordered.34

    The Senate might even anticipate House action on major legislation and, in response to exigent circumstances, agree by unanimous consent to its automatic consideration and passage. This happened, for example, when Hurricane Katrina decimated the Gulf Coast during the August 2005 congressional recess. Speaker Dennis Hastert and Majority Leader Bill Frist called Congress back into session on September 1, 2005 (the Senate) and September 2 (the House).35 With only a handful of Members present, the House on September 2 passed H.R. 3645, emergency supplemental appropriations to deal with the immediate consequences of Hurricane Katrina. On September 1, anticipating House action, Senator Thad Cochran, chair of the Appropriations Committee, made this unanimous consent request, which was agreed to:

    Mr. President, at this point, I ask unanimous consent that notwithstanding the recess or adjournment of the Senate, the Senate may receive from the House an emergency supplemental appropriations bill for relief of the victims of Hurricane Katrina, the text of which is at the desk, and that the measure be considered read three times and passed and a motion to reconsider laid on the table; provided that the text of the House bill is identical to that which is at the desk.36

    The House and Senate passed the supplemental appropriations bill September 2 and President George W. Bush signed it into law the same day (P.L. 109-61).

    Truncating Committee Action

    Noncontroversial Senate bills and House-passed measures are often referred to committee. A committee might later be discharged by unanimous consent of the Senate from a measure's consideration. (If unanimous consent cannot be obtained, a motion to discharge could be made.37) For example, S. 2440, related to permit coordination by the Bureau of Land Management, was introduced on June 5, 2014. On September 16, 2014, the measure was discharged by unanimous consent from the Senate Energy and Natural Resources Committee. With an amendment included in the unanimous consent request on reading and passage, the Senate passed the bill:38

    Ms. HEITKAMP. Mr. President, I ask unanimous consent that the Energy Committee be discharged from further consideration of S. 2440 and the Senate proceed to its immediate consideration.

    The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The clerk will report the bill by title.

    The assistant legislative clerk read as follows:

    A bill (S. 2440) to expand and extend the program to improve permit coordination by the Bureau of Land Management, and for other purposes.

    There being no objection, the Senate proceeded to consider the bill.

    Ms. HEITKAMP. I ask unanimous consent that a Udall of New Mexico amendment, which is at the desk, be agreed to, the bill, as amended, be read three times and passed, and the motion to reconsider be considered made and laid upon the table.39

    The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.40

    Although legislation might be discharged from a committee that has taken no formal action on a measure, legislation might also be discharged following formal committee action. For example, in the 113th Congress, the Energy and Natural Resources Committee held hearings on S. 812, concerning a U.S.-Mexico agreement on transboundary hydrocarbon reservoirs. The committee was subsequently discharged from further consideration of S. 812. Similarly, the Veterans' Affairs Committee was discharged following committee hearings from further consideration of S. 1434, naming an outpatient clinic. In the 112th Congress, the Judiciary Committee was discharged from further consideration of S. 3250, the Sexual Assault Forensic Evidence Reporting Act of 2012 (the SAFER Act), after the committee had ordered the bill to be favorably reported.

    Measures might also be discharged and considered en bloc.41

    Footnotes

    1.

    Senate rules contain procedures for the processing of concurrent and simple resolutions, which are not covered in this report. See especially Senate Rule XIV, para. 6. Treaties and nominations are also not discussed in this report. Regarding treaties, see Senate Rule XXX and U.S. Congress, Senate Committee on Foreign Relations, Treaties and Other International Agreements: The Role of the United States Senate, committee print, prepared by Congressional Research Service, 106th Cong., 2nd sess., January 2001, S.Prt. 106-71 (Washington: GPO, 2001), available at http://www.gpo.gov/fdsys/pkg/CPRT-106SPRT66922/pdf/CPRT-106SPRT66922.pdf. Regarding nominations, see Senate Rule XXXI and CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by [author name scrubbed].
    2.

    The "third reading" occurs after Senate consideration of a measure and before the vote on final passage. See U.S. Congress, Senate, Riddick's Senate Procedure, S.Doc. 101-28, 101st Cong., 2nd sess. (Washington: GPO, 1992), pp. 1290-1291. (Hereafter, Riddick's Senate Procedure.)
    3.

    Ibid., pp. 1150-1151.
    4.

    For example, on September 10, 2013, Senate bills S. 1489, S. 1493 and S.J.Res. 22 were introduced. The Congressional Record entry stated, "The following bills and joint resolutions were introduced, read the first and second times by unanimous consent, and referred [to committee] as indicated[.]" "Introduction of Bills and Joint Resolutions," Congressional Record, daily edition, vol. 159 (September 10, 2013), p. S6327.

    On September 27, 2013, the Senate received a message from the House that the House had passed H.R. 2600 and H.R. 3096, "in which it requests the concurrence of the Senate[.]" A Congressional Record entry stated, "The following bills were read the first and second times by unanimous consent, and referred [to committee] as indicated." "Measures Referred," Congressional Record, daily edition, vol. 159 (September 27, 2013), p. S7007.
    5.

    Whereas almost all bills and joint resolutions are referred to a single committee, Rule XVII, para. 3 allows a measure to be referred to more than one committee, jointly or sequentially, by motion of the majority and minority leaders; this procedure appears never to have been used. Joint and sequential referrals have been made in other ways, however, such as by unanimous consent. See CRS Report 98-242, Committee Jurisdiction and Referral in the Senate, by [author name scrubbed].
    6.

    This rule (para. 6) also allows the introduction of such measures by delivery to the presiding officer's desk, "in the absence of objection." In fact, in a unanimous consent request similar to ones in previous Congresses, the Senate permitted "that for the duration of the 113th Congress, Senators may be allowed to bring to the desk bills, joint resolutions, concurrent resolutions, and simple resolutions, for referral to appropriate committees." Senator Harry Reid, "Unanimous-Consent Requests," remarks in the Senate, Congressional Record, daily edition, vol. 159 (January 3, 2013), p. S7.
    7.

    For example, in the 113th Congress, S. 783 and S. 1513 were introduced in the Senate; they would amend the Helium Act. S. 783 was reported by the Energy and Natural Resources Committee on July 29, 2013 (S.Rept. 113-83). Following discussion among interested Senators, S. 1513 was introduced September 17, 2013, and placed directly on the Senate Calendar. In the meantime, the House passed a companion measure, H.R. 527. The majority leader called up H.R. 527, and the text of S. 1513 was agreed to as an amendment in the nature of a substitute to H.R. 527. "Responsible Helium Administration and Storage Act," Congressional Record, daily edition, vol. 159 (September 19, 2013), pp. S6632-S6634.

    For explanation of the amendment process in the Senate, see CRS Report 98-707, Senate Amendment Process: General Conditions and Principles, by [author name scrubbed]; CRS Report 98-614, Amendments in the Senate: Types and Forms, by [author name scrubbed]; and CRS Report 98-853, The Amending Process in the Senate, by [author name scrubbed].
    8.

    See also Riddick's Senate Procedure, pp. 225-226 and 240-248.
    9.

    Although any Senator could object to the reading of a measure to prevent its referral to committee, a Senator, other than the majority leader or the sponsor of the bill or joint resolution, who makes an objection is normally acting in the stead of the majority leader.
    10.

    Sen. Sherrod Brown, "Measure Read the First Time—S. 2262," remarks in the Senate, Congressional Record, daily edition, vol. 160 (April 28, 2014), p. S2425.
    11.

    Sen. Harry Reid, "Measure Placed on the Calendar—S. 2262," remarks in the Senate, Congressional Record, daily edition, vol. 160 (April 29, 2014), p. S2427.
    12.

    Two or more bills and joint resolutions might also be processed en bloc in a Rule XIV colloquy. See, for example, Sen. Brian Schatz, "Measures Read the First Time—H.R. 2824 and H.R. 3826," remarks in the Senate, Congressional Record, daily edition, vol. 160 (May 7, 2014), p. S2823; and Senator Harry Reid, "Measures Placed on the Calendar—H.R. 2824 and H.R. 3826," remarks in the Senate, Congressional Record, daily edition, vol. 160 (May 8, 2014), p. S2832.
    13.

    Ibid.
    14.

    On occasion, a Senator introduces a bill, which is referred to committee, and later introduces an identical or similar measure and places it directly on the calendar under Rule XIV. The Senator might do this to bypass a committee's hostility to the first measure: the committee would neither report the measure nor allow it to be discharged by unanimous consent. Alternately, as mentioned in the introduction to this report, a Senator can seek to offer a measure in the form of an amendment to another measure. Sen. Mark Udall did not publicly explain his reasons for introducing a bill that was referred to committee, introducing an identical second bill that was placed directly on the Senate Calendar, or subsequently submitting the same bill in the form of an amendment to a measure being considered on the Senate floor, but he pursued all of these options. See S. 509, introduced by Sen. Udall on March 8, 2011, and referred to the Banking, Housing, and Urban Affairs Committee, and S. 2231, introduced by Sen. Udall on March 22, 2012, and placed directly on the calendar. See also Sen. Mark Udall, "Jumpstart Our Business Startups Act," remarks in the Senate, Congressional Record, daily edition, vol. 158 (March 15, 2012), pp. S1695-S1696.
    15.

    Under Senate precedents, however, a measure may not be considered on the day on which it received its second reading, except by unanimous consent. See Riddick's Senate Procedure, pp. 662-663.
    16.

    These 140 measures were identified by a search of the Congressional Record on the Legislative Information System. Such a search of the 112th Congress identified at least 136 measures placed directly on the Senate Calendar by use of the Rule XIV procedure.
    17.

    Neither S. 1925 nor a House-passed companion measure, however, cleared Congress.
    18.

    Again, no measure placed on the calendar, either directly or upon being reported by a committee, is assured rapid or any consideration. The majority leader determines the Senate's floor agenda and may call up a measure on the calendar, but he still must first obtain the Senate's agreement to consider the measure (agreement to a motion to proceed) and, if successful, then obtain the Senate's agreement to complete consideration and vote on final passage.
    19.

    The Senate might also use a combination of the Rule XIV proceeding and unanimous consent to place a measure directly on the calendar. For example, in the 112th Congress, S. 223 was read the first time, the second reading was objected to, and the second reading was directed to occur on the next legislative day. Since the Senate would not be in session on the next calendar day, the majority leader asked unanimous consent that S. 223 "be considered to have received a second reading, an objection made to further proceedings, and the bill placed on the calendar" on the next calendar day. Sen. Harry Reid, "Order for Measure To Be Placed on the Calendar—S. 223," remarks in the Senate, Congressional Record, daily edition, vol. 157 (January 27, 2011), p. S347.

    The Senate might also use a unanimous consent agreement to govern placing one or more specified measures on the calendar. See, for example, Sen. Harry Reid, "Order of Procedure," remarks in the Senate, Congressional Record, daily edition, vol. 159 (February 14, 2013), p. S790, concerning certain measures to be introduced in the future by the majority and minority leaders.
    20.

    Sen. Harry Reid, "Unanimous Consent Agreement—H.J.Res. 59," remarks in the Senate, Congressional Record, daily edition, vol. 159 (September 19, 2013), p. S6632.
    21.

    Clearance generally implies a process for obtaining Senators' consent to call up and pass noncontroversial legislation on the Senate Calendar. See "Call of the Calendar" in Walter Kravitz, Congressional Quarterly's American Congressional Dictionary, 3rd ed. (Washington, DC: CQ Press, 2001), p. 34. Hotline or hotlining generally implies seeking Senators' immediate response to a proposed action, such as the outline of a possible unanimous consent agreement.
    22.

    Measures may be taken up during time set aside for morning business (in a period dubbed the "wrap-up period"). They may also be taken up during the conduct of legislative business, when a unanimous consent request temporarily suspends the consideration of other business before the Senate.
    23.

    See, for example, the complex unanimous consent agreement taking a House-passed measure, H.R. 4302, the Protecting Access to Medicare Act of 2014, from the desk and providing for its consideration through a vote on final passage. Sen. Harry Reid, "Unanimous Consent Agreement—H.R. 4302," remarks in the Senate, Congressional Record, daily edition, vol. 160 (March 27, 2014), p. S1809.
    24.

    If unsuccessful in obtaining clearance, the motion to proceed is debatable and therefore may be filibustered. Once the motion to proceed is agreed to by vote, through the cloture procedure, or by unanimous consent, consideration of the measure begins. The majority leader might seek a complex unanimous consent agreement or a series of such agreements (also called "time-limitation agreements") on major legislation that structures debate and the amendment process to ultimately bring the Senate to a vote on final passage.
    25.

    For an explanation of how the Senate might consider major legislation, see CRS Report 96-548, The Legislative Process on the Senate Floor: An Introduction, by [author name scrubbed]; CRS Report RS20668, How Measures Are Brought to the Senate Floor: A Brief Introduction, by [author name scrubbed]; CRS Report 98-225, Unanimous Consent Agreements in the Senate, by [author name scrubbed]; and CRS Report RS20594, How Unanimous Consent Agreements Regulate Senate Floor Action, by [author name scrubbed].
    26.

    If an agreement is to allow one or more Senators to speak on a measure, the majority leader or his designee would not utter these remarks until after the speaker(s) had finished. See, for example, Sen. Patrick Leahy, "Missing Children's Assistance Act," Senate debate, Congressional Record, daily edition, vol. 159 (September 24, 2013), pp. S6901-S6902.

    27.

    Sen. Chris Coons, "Modifying the Requirements under the Stock Act.," remarks in the Senate, Congressional Record, daily edition, vol. 159 (April 11, 2013), p. S2583. For another example, see Sen. Mark Udall, "Deficit-Neutral Disaster Relief Act," remarks in the Senate, Congressional Record, daily edition, vol. 159 (September 30, 2013), p. 7014. See also Riddick's Senate Procedure, pp. 1489-1490.
    28.

    Sen. Harry Reid, "Making Continuing Appropriations for Military Pay," remarks in the Senate, Congressional Record, daily edition, vol. 159 (September 30, 2013), p. 7018. See also Riddick's Senate Procedure, pp. 670, 1488-1489.
    29.

    Introductory text, sometimes called whereas clauses, preceding the resolving clause of a resolution.
    30.

    Sen. Harry Reid, "Granting the Consent of Congress," remarks in the Senate, Congressional Record, daily edition, vol. 157 (September 26, 2011), p. S6007.
    31.

    Sen. Harry Reid, "Trucker Sleep Apnea Rules," remarks in the Senate, Congressional Record, daily edition, vol. 159 (October 4, 2013), p. S7213.
    32.

    For other examples, see H.R. 3092 in "Missing Children's Assistance Act," Congressional Record, daily edition, vol. 159 (September 24, 2013), p. S6901; H.R. 2383 in "Stan Musial Veterans Memorial Bridge," Congressional Record, daily edition, vol. 159 (June 27, 2013), p. S5509; and H.J.Res. 120 in "Approving the Location of an American Revolution Memorial," Congressional Record, daily edition, vol. 160 (September 10, 2014), p. S5518.
    33.

    Sen. Mark Pryor, "Addressing the Energy Needs of U.S. Insular Areas," remarks in the Senate, Congressional Record, daily edition, vol. 160 (September 18, 2014), p. S5861.
    34.

    Sen. Harry Reid, "Unanimous Consent—S. 1566," remarks in the Senate, Congressional Record, daily edition, vol. 159 (October 2, 2013), p. S7140. See also Riddick's Senate Procedure, pp. 230-231. For an example of a more complex parliamentary setting, in which the Senate not only anticipated the receipt of a House-passed measure but also provided for requesting a conference with the House, see the time-limitation agreement on S. 1813. Sen. Harry Reid, "Moving Ahead for Progress in the 21st Century Act—Continued," remarks in the Senate, Congressional Record, daily edition, vol. 158 (March 7, 2012), pp. S1455-S1456.
    35.

    Speaker pro tempore Tom DeLay, "Notification of Reassembling of Congress," remarks in the House, Congressional Record, vol. 151, part 14 (September 2, 2005), p. 19424.
    36.

    Sen. Thad Cochran, "Making Emergency Supplemental Appropriations," remarks in the Senate, Congressional Record, vol. 151, part 14 (September 5, 2005), p. 19421.
    37.

    See also Riddick's Senate Procedure, pp. 802-806.
    38.

    A committee might also be discharged automatically after a measure has been pending before it for a period of time, pursuant to congressional procedures in law. See, for example, S.J.Res. 6 and S.J.Res. 27 (112th Cong.), discharged by petition pursuant to 5 U.S.C. 802(c). "Discharge Petitions (S.J.Res. 6 and S.J.Res. 27)," Congressional Record, daily edition, vol. 157 (November 3, 2011), p. S7141. The procedure contained in 5 U.S.C. 802(c), a provision of the Congressional Review Act on review of proposed regulations, states that, after a joint resolution has been pending in committee for 20 days, the resolution may be discharged by a petition supported by 30 Senators.

    39.

    The Senator making the request often also adds the phrase, "with no intervening action or debate."
    40.

    Sen. Heidi Heitkamp, "BLM Permit Processing Improvement Act of 2014," remarks in the Senate, Congressional Record, daily edition, vol. 160 (September 16, 2014), p. S5649. See also Riddick's Senate Procedure, pp. 802-806.
    41.

    See, for example, Sen. Harry Reid, "Measures Discharged," remarks in the Senate, Congressional Record, daily edition, vol. 160 (December 8, 2014), p. S6395.