Delay Tactics

Question 1

Motion to Adjourn

Answer 1

This motion is non-debatable and has priority over other motions, allowing votes to be required unless the Senate is in the middle of a vote, quorum call, or journal reading, with multiple motions in order as long as some intervening business has been conducted since the last motion to adjourn. Motions to adjourn are amendable with changes to proscribed reconvening date, allowing for filibuster by amendment with multiple date change amendments.

Question 2

Motion to Recess

Answer 2

This motion is non-debatable, and cannot be made during a reading of the Senate Journal, while the Senate is in a quorum call, or during a roll call vote. The motion to recess cannot be made absent a quorum unless the Senate has previously adopted a UC agreement that at the close of that day’s business it shall stand in recess. Motions to recess can be amended in two degrees to change the time for reconvening, but the amendments are not debatable. Motions to recess can be renewed if business has intervened between them.

Question 3

Motion to Close Session

Answer 3

This motion can be made any time and is in order if seconded. It requires the Presiding Officer to direct the galleries to be cleared and the Senate doors to be closed.

Question 4

Motion to Proceed to Executive Session

Answer 4

This is a non-debatable motion if done for a specific calendar item (I move that the Senate proceed to executive session to consider the nomination of John Doe.”). It freezes the legislative session in place. A motion to proceed to executive business cannot be amended.

Question 5

Motion to Proceed to Legislative Session

Answer 5

Non-debatable and freezes the executive session in place. This motion cannot be amended. This motion cannot specify the proposal to be considered (unlike moving to executive session – but there are no rules that prevent a Senator as to saying why they move to legislative session, like say to take up the Heroes Act or the new COVID package).

Question 6

Talking Filibuster

Answer 6

This can occur if the floor is “uncontrolled” and a senator can be recognized and hold the floor as long as possible.

Question 7

Motion to Recommit

Answer 7

It can be offered at any time before cloture, and it is subject to a motion to table. This motion can be accompanied by instructions that can be amended up to two degrees.

Question 8

Motion to Reconsider

Answer 8

A senator choosing to vote with the majority can call for a re-vote on the day the vote is taken or on either of the following two session days.
Motion to table

Question 9

Motion to Table

Answer 9

The motion to table can end debate because it takes priority over any debatable motion (also, it’s non-debatable). This motion can be offered at any time, unless the proposal being tabled is under a UC timing agreement or under a time restriction imposed by law.

Question 10

Motion to Postpone Indefinitely

Answer 10

Adopting the motion to postpone indefinitely kills the matter at which it is directed. It’s sometimes used to clear the calendar of business of Senate bills when companion House measures have been amended by the Senate and are enacted into law.

Question 11

Motion to Recede and Concur

Answer 11

If the House disagrees to the final Senate amendment (or to any Senate amendment at some earlier stage), the Senate may recede from its amendment and concur in the last position offered by the House (thereby achieving agreement), or the Senate may insist on its amendment.d

Question 12

Motions to Instruct Conferees

Answer 12

The Senate and House can create a conference committee to propose the final version of a bill that the two houses have passed in different forms. Sometimes, the Senate votes to instruct its conferees on the nature of the agreement they should reach. These instructions are not binding, and they may not ask conferees to reach an agreement that goes beyond their authority. Conferees may be instructed by motion only before they are appointed; thereafter, they may be instructed by resolution, amendment, or motion to recommit.

Question 13

Motion to Proceed to Privileged Measures

Answer 13

Initiating consideration of conference reports, House messages, presidential messages, statutory fast-track measures, and adjournment resolutions are non-debatable. This motion is not amendable.

Question 14

Motion to Suspend the Rules

Answer 14

When senators confront procedural barriers and wish to work around them they will seek UC, alternatively, they can propose to suspend the rules when a waiver process is available or they can appeal the decision of the chair. The motion is debatable and can only occur before cloture.

Question 15

Motion to Proceed to House Messages

Answer 15

A process otherwise known as amendments between houses: when a House message is received in the form of a House amendment to Senate-passed language, a motion to proceed to the consideration of that House message is non-debatable. Once before the Senate, the House message can be debated.

Question 16

Motions to Proceed to Conference Reports

Answer 16

The motion to proceed is not debatable, but the conference report can be debated once it is before the Senate.

Question 17

Motions to Proceed to Measures Time Restricted by Statute

Answer 17

Rule-making statues expedite the consideration of measures that are later to be considered under their terms. Even when these laws do not contain explicit restrictions on debating the motion to proceed, so long as time on the underlying measure is controlled, the motion to proceed is construed to be non-debatable. An example of this construction is the Congressional Budget and Impoundment Control Act of 1974, which controls time on budget resolutions and budget reconciliation bills but is silent on the motion to proceed to either vehicle. These motions to proceed are always treated as privileged and non-debatable.

Question 18

Motions to Proceed during the Morning Hour

Answer 18

During the Morning Hour, which occurs during the first two hours after the Senate convenes on a new legislative day, a motion to proceed to any measure on the calendar of business is non-debatable, except for “motions to proceed to the consideration of any motion, resolution, or proposal to change any of the Standing Rules of the Senate.” Under Rule 7, which provides for a calendar call procedure on Mondays, the non-debatable Morning Hour motion is not available when the new legislative day falls on that day.

Question 19

Any activity during Morning Business

Answer 19

Morning business is a component of the Morning Hour and includes a litany of business in Rule 7, such as submission of bills and committee reports and the receipt of petitions and memorials. No debate is in order during morning business, but it is customary to obtain unanimous consent for a morning business period and to allow for debate during that time.

Question 20

Unanimous Consent Requests

Answer 20

Unanimous consent requests are not debatable. At times, Senators will reserve the right to object, and the presiding officer will tolerate a limited amount of discussion to clarify the request or time by asking if there is objection. A call from the floor for the regular order will also prompt the presiding officer to press the same question, after which either consent will be granted or objection will be heard.

Question 21

Points of Order generally, except when submitted to the Senate

Answer 21

The Senate’s presiding officer typically does not have responsibility for proactively ensuring that matters under consideration comply with the rules. Instead, Senators may enforce the Senate’s legislative rules and precedents by making points of order whenever they believe that one of those rules or precedents is, or is about to be, violated. Under some circumstances, a ruling by the presiding officer determines whether or not the point of order is well taken. Under others, the Senate itself decides the point of order, usually by majority vote. A point of order can be made anytime except during a vote or a quorum call, and it is a non-debatable motion.

In most cases, rulings made by the presiding officer in response to points of order are subject to appeal. This type of appeal is debatable, though the Senate may end the debate and dispose of the appeal by agreeing to a motion to table (or kill) it, which would uphold the ruling of the chair and then a motion to reconsider tabling (two separate votes). Absent a successful motion to table, debate on the appeal usually is subject to extended consideration under the regular rules of the Senate.

Question 22

Points of Order after Cloture

Answer 22

Rule 22 provides that all points of order are not debatable post cloture

Question 23

Certain Appeals

Answer 23

Although appeals are generally debatable, certain appeals are not. If an appeal is taken from the presiding officer’s ruling and a question of order arises before that appeal is decided, then any appeal of a ruling before the main appeal is decided will be non-debatable. Appeals following the imposition of cloture are non-debatable.

If the underlying question is non-debatable, an appeal I connection with that question is also non-debatable. If an appeal is taken relative to a proposition that is subject to a time agreement, the appeal will be non-debatable, unless time has been provided for it. All appeals are subject to being tabled.

Question 24

Motion to Permit a Senator to Speak

Answer 24

If a senator has spoken twice on the same question on the same legislative day, a motion to allow him to speak again for a motion to allow a senator to regain the floor after having been called to order is non-debatable.

Question 25

Require reading of Amendments

Answer 25

This can be done by denying UC for reading of the amendment text to be waived.

Question 26

Require Substitute Amendments to be Treated as Amendments

Answer 26

Senators can require additional cloture votes and opportunities for additional second degree amendments.

Question 27

Requesting Division of Amendments for Separate Votes

Answer 27

Senators can object to a UC request to reading amendments as one versus for each separate amendment.

Question 28

Suggesting the Absence of a Quorum

Answer 28

A senator gaining recognition could suggest the absence of a quorum, and then object to consent requests to vitiate the quorum, and if the opposition wants to overcome the disruption they would make the clerk to complete calling the roll

If a quorum is not present absentees will be called to the chamber to make a “live quorum” with the Sergeant at Arms requesting the presence of absent senators and have a vote on the motion. The vote would then bring senators to the floor.

Question 29

Invoke the Two-Hour Rule

Answer 29

Objecting to a unanimous consent to waive the prohibition on committees meeting two hours after the Senate enters session, or after 2:00 PM (whichever is earlier). This maneuver can be circumvented by scheduling committee business to meet during recess or post-adjournment.

Question 30

Deny Unanimous Consent on Legislation

Answer 30

This would prevent the passage of bills, committee discharges, and other legislative action from taking place by unanimous consent.

Question 31

Oppose Adjournment

Answer 31

Adjournment must be adopted if the Senate is to adjourn for more than one day (with the House also consenting for an adjournment exceeding three days) and can be delayed through debate and amendment.