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New Senators Guide Appointment of a Presiding Officer

Produced by the Secretary of the Senate The President pro tempore or a Senator
designated by him presides over the Senate in the
absence of the Vice President. If the Presiding
Introduction and Acknowledgement officer is so designated, the occupant of the Chair
asks the Clerk to read a communication to the
This guide for new Senators is designed to Senate appointing an Acting President pro
introduce them to the basics of Senate procedure. tempore.
It will also be helpful to those who will be
discharging the duties of the Chair during
sessions of the Senate. Recognition of the Leaders
By Standing Order, the Senate grants each party
This is a revision of the Presiding Officers Guide leader 10 minutes of time (Leader Time)
prepared by Senator Thad Cochran of customarily used for opening remarks at the start
Mississippi. Further revisions have been made by of the days session.
Alan Frumin, Elizabeth MacDonough, Peter
Robinson, Leigh Hilderbrand, Bob Dove, and
Marty Gold. Morning Business
In practice, Morning Business is a period of tie
set aside by unanimous consent for speeches,
For a more detailed discussion of the Rules,
introduction of bills and resolutions and other
customs and procedures of the Senate, see
Senate housekeeping matters. Generally there
Riddicks Senate Procedure (1992).
are tie grants set forth allowing Senators to speak
therein.

Prayer
Since 1939, each session of the Senate has begun Turning to the Days Agenda
with a prayer. At the hour established for
Upon conclusion of the Morning Business
convening, the Senator who will serve as the
period, the Senate will turn to its legislative
Presiding Officer accompanies the Senate
business for the day. This is normally done
Chaplain to the desk, calls the Senate to order,
pursuant to an order obtained the previous day.
and announces that the Chaplain will deliver a
prayer.

Recognition of Senators
Pledge of Allegiance In circumstances where recognition is not
otherwise established by Unanimous Consent, the
Since 1999, following the opening prayer, the
following procedure applies:
President pro tempore or Senator who opens the
days proceedings leads the Senate in the Pledge
of Allegiance to the Flag. Such Senator may also
The Presiding Officer must recognize the Senator
designate another Senator to do so.
who is standing and first addresses him (Rule
XIX). However, when recognition is being
sought on an open floor, the Presiding Officer
will give priority in the following order to these The sponsor of an amendment may modify or
Senators: Majority Leader, Minority Leader, withdraw it at any time before some action has
Majority Bill Manager, Minority Bill Manager. been taken, but unanimous consent is required to
modify an amendment on which the yeas and
nays have been ordered, on which an agreement
Quorum Calls has been reached for a vote, when closure has
been invoked, or after it has been amended.

A quorum of the Senate is a majority of Senators


duly chosen and sworn, thus 51 if there are no Amendments in the third degree are not in order.
vacancies in the Senate. The presence of a When all amendments have been disposed of, or
quorum is normally assumed, unless its absence when no further amendments are offered, the
is suggested. Quorum calls are frequently used in Presiding Officers asks the Clerk to read the bill
the Senate as time fillers. Except in a post-cloture for the third time. No further amendments are
situation, once a Senator suggests the absence of then in order after third reading.
a quorum, the Presiding Officer is not empowered
to make a count. Instead, he asks the Clerk to call
the roll. During a quorum call, no business 0may
be transacted. Most quorum calls are rescinded by
Routine Responses by the Presiding
unanimous consent prior to their completion, and Officer (Chair)
the Senate resumes its business. 1. Amendments
a. A Senator: I send an
amendment to the desk and ask
Senate Rules for its immediate consideration.
Chair: The Clerk will report the
The Senate is a continuing body as contrasted
amendment.
with the house, which adopts its Rules every two
b. Putting the question:
years. The Rules adopted by the Senate remain in
force continuously until amended. Chair: The question is on the
amendment offered by the
The practices and precedents of the Senate have
Senator from _____.
been changed more frequently than its adopted
rues, which largely date from 1884. 2. Bills and Resolutions, Consideration
a. The Clerk will report the bill
(joint resolution).
b. When a bill has been referred to
a committee and prior to being
Considering a Bill reported Chair: without
objection, the bill (joint
When a bill is called dup for consideration in the
resolution) will be discharged
Senate, committee amendments have priority but
and the Senate will proceed to its
they may be amended by floor amendments.
immediate consideration.
After committee amendments have been disposed c. In cases where a bill or joint
of, the Senate proceeds to the consideration of resolution has not been referred
other amendments offered from the floor by to committee: Chair: without
individual Senators. objection, the Senate will
proceed to the immediate
consideration of the bill (joint The Clerk will report without objection, the
resolution), which the Clerk will Senate will proceed to the consideration of the
report. conference report. Or The question is on the
d. At the end of the amending motion to proceed to the conference report.
process for bills and joint
A conference report is privileged, therefor the
resolutions: Are there further
motion to proceed is not debatable.
amendments? If there are no
further amendments, the Clerk
will read the bill (joint
resolution) for the third time. 5. Messages from the House, Laid before
e. Calendar Call (Wrap-Up) Senate
1. A Senator: I ask The Chair lays before the Senate a message from
unanimous consent that the House on S. __- (H.R. ____), which the Clerk
the Senate proceed to the will report.
consideration of
______. Chair: The 6. Morning Business
Clerk will report the title a. Opening: Under the previous order,
of the bill for the there will now be a period for the
information of the transaction of routine morning business
Senate. for not to extend beyond the hour of
____, with Senators permitted to speak
Clerk Reports: therein for not to exceed ____ minutes
_______________ each.
b. Closing: Is there further Morning
Chair: Is there Business? If not, Morning Business is
objection to proceeding closed.
to the measure at this 7. Nominations/Executive Session
time? Without objection, Under the previous order, the Senate will
the Senate will proceed proceed to Executive Session to consider the
to the consideration of following nomination, which the Clerk will
the measure. report. Without objection the nomination is
considered and confirmed.
2. Bills and joint
resolutions: without 8. Opening Daily Session of Senate
objection, the bill (joint a) The Senate will come to order. The
resolution) is passed. Chaplain will offer a prayer.
3. Simple and concurrent b) Please join me in the Pledge of
resolutions: without allegiance to the flag.
objection, the resolution c) The clerk will read a
is agreed to. communication to the senate.
9. Points of order and parliamentary
3. Bills and resolutions, Introduction inquiries
a) Without objection, the bill (resolution) A Senator must have the floor in his own right to
will be received and appropriately make almost all points of order or raise an
referred. inquiry: A Senator: Point of order
4. Conference reports, consideration (parliamentary inquiry)?
The Senator will state the point of order 11. Voting
(parliamentary inquiry) a) The Chair first states the question:
The question is on the amendment
(motion, bill, joint, resolution,
10. Quorum calls resolution, etc.)
b) Voice vote:
a) A Senator who has the floor says, I 1. Formally stated: The
suggest the absence of a quorum. question is on the ____. All
The chair responds: the Clerk will those in favor off say aye.
call the roll All those opposed say no.
b) When a Senator attempts to conduct In the opinion of the Chair,
business during a quorum call, the the ayes (noes) appear to
chair says: the chair reminds the have it. The Chair waits a
Senator from _____ that a quorum second then states: The
call is in progress. This prompts the ayes (noes) have it. The
Senator to respond, I ask unanimous amendment (motion,
consent that further proceedings resolution, etc.) is [not]
under the quorum call be dispensed agreed to. Or The bill
with. (joint resolution) is passed.
c) When the absence of a quorum is 2. Informally stated: without
suggested immediately prior to a objection, the amendment
vote, the Chair responds: The Clerk (motion, resolution, etc.) is
will call the roll to ascertain the [not] agreed to. Or without
presence of a quorum. objection, the bill (joint
d) When a quorum call is completed resolution) is passed.
and a quorum is not present, the chair c) Division vote: A Senator will say,
says, A quorum is not present The Mr. (Madam) President, I ask for a
Clerk will call the names of the division vote. The Chair responds:
absentees. All those in favor stand and be
e) When the absence of a quorum has counted. All those opposed stand and
been revealed, the only motions that be counted. In the opinion of the
are in order are motions to create a chair the ayes (noes) appear to
quorum (sometimes referred to as a have it. the amendment (motion,
live quorum, or to recess or resolution, etc.) is [not] agreed to.
adjourn. d) Roll Call Vote: A Senator will say,
1. Creating a quorum: motions Mr. (Madam) President, I ask for
directing the sergeant-at- the yeas and nays. The Chair
arms to responds: Is there a sufficient
A. Request the second? The Chair then waits for
attendance of absent the Legislative Clerk to advice the
Senators, or to Chair if there is a sufficient second.
B. Compel the Based on this advice, the Chair will
attendance of absent then respond in one of the following
Senators. ways:
2. Motions to either recess 1. there is a sufficient second,
pursuant to a previous order, the yeas and nays are
or to adjourn. ordered
2. There appears to be Without objection, the
sufficient second, the yeas motion to table is agreed
and nays are order,: or to.
3. At the present time there is 2. Motion is entered; A
no a sufficient second. Senator will say, Mr.
e) Announcement of a Roll Call Vote: (Madame) President, I
1. The chair bangs the gavel to enter a motion to
obtain order in the senate reconsider the vote.
and then asks: Are there The Chair responds:
any Senators in the Chamber The motion is entered.
who wish to vote or change a 12. Yielding of Time Under a Unanimous
vote? Consent Agreement
2. The chair then announces the
When a Senator, other than one who has control
result of the vote: ON this
of time under an agreement, seeks the floor to
vote the yeas are ____, the
debate: Who yields time to the Senator from
nays are ____.
____?
A. The
amendment
(motion, resolution,
etc.) is [not] Presiding officers
passed, or
B. The bill (joint
resolution) is [not] The most significant power of the Presiding
passed. Officer (the Chair) is the power to recognize
C. The Senators addressing the Chair. A necessary
nomination is [not] corollary of the power of recognition is the
confirmed. Presiding Officers responsibility to acknowledge
f. Reconsideration: One such Senators who address the chair.
motion regarding a particular
result of a vote may be made or 1. Recognizing a Senator confers the floor
entered by any Senator not on that Senator.
recorded with the losing side on 2. Acknowledging a Senator does not
that vote. The motion may only necessarily confer the floor on that
be made or entered on the Senator.
following two days of session a. Acknowledging a Senator does
1. Motion is made: A confer the floor on that Senator if
Senator will say, Mr. the floor is available
(Madame) President, I b. Acknowledging a Senator allows
move to reconsider the that Senator to make an inquiry
vote. Another Senator of the chair, or ask a question of
will say, Mr. (Madame) the Senator who has the floor
President, I move to with that Senators consent
reconsider the vote. c. Acknowledging a Senator
Another Senator will permits that Senator to attempt to
say, I move to lay that seek unanimous consent to
motion on the table. change the established order of
The Chair responds:
business at the sufferance of all Senate Procedure (1992
Senators, ed.)
3. If the minority leader addresses the 3. Not timely filed in a post-
Chair, the Presiding Officer should, cloture situation.
through the long tradition of the Senate d. Otherwise, the Chair awaits point
acknowledge the Majority Leader, and if of order from the floor.
the floor is available for recognition, 2. What rights are retained or lost
should recognize the Majority Leader. when a Senator presides over the
4. In general, the Presiding Officer should Senate?
acknowledge any other Senator who a. The Presiding Officer in his or her
appropriately addresses the Chair. If that capacity as a Senator from his or
Senator is not entitled to proceed at that her state, retains the right to
time and unanimous consent is not 1. Vote and
obtained, the Presiding Officer should 2. Object to unanimous consent
proceed with the regular order of requests
business. b. The Presiding Officer may not
5. Once a Senator has been recognized, the engage in debate or make editorial
Chair may not recognize another Senator comments
unless the Senator who has the floor 3. Does the Chair put the question to
relinquishes the flood See 4(b), 4(c) vote?
below, in Situations on the Floor a. Voice Vote:
1. All those in favor say aye.
All those opposed say no.
The ayes (noes) appear to
have it. The ayes (noes)
Questions and Answers have it.
2. Without objection, the
1. As a general matter, is the Chair
amendment (or other matter)
active or reactive?
is agreed to (or passed).
a. Generally speaking, he Chair is
b. Roll call vote: The yeas and nays
reactive and seldom takes the
have been ordered, the Clerk will
initiative on procedural questions
call the roll.
b. Of course, the Chair must take the
initiative in questions of
recognition: see Situations on the
Floor, 3, 4, and 5 below. Situations on the Floor
c. The Chair may Rule amendments
1. Is the Senate in a quorum call No
technically out of order if they are:
debate or business is on order of
1. Improperly drafted.
the Senate is in a quorum call
2. Not in order at that particular
a. Always check the lights over
time because they
the doors in the front of the
a. Are limited by unanimous
changer if the two lights on
consent agreement,
the left are on, the Senate is
b. Do not fit in the applicable
in a quorum call
amendment tree see
b. To terminate a quorum call,
charts 1-4, on pages 74,
a Senator should say, I ask
75, 84, and 89 of Riddicks
unanimous consent to
dispense with further the Senator who has the
proceedings under the floor?
quorum call. If no objection b. Has the Senator who had the
is heard the quorum call will floor voluntarily
end and Senator may address relinquished the floor?
the Chair to debate or 1. By sending an
conduct business. amendment to the
2. Is debate in order at all? desk.
a. Is a question (bill, resolution, 2. By making a
conference report, motion, motion,
amendment, nomination, 3. By suggesting the
treaty) pending before the absence of a
Senate, or quorum, or
b. Are Senators authorized to 4. By requesting the
speak by unanimous consent yeas and nays.
(during Morning Business)? c. Has the Senator lost the floor
3. Is debate uncontrolled or involuntarily?
controlled? 1. By being called to
a. If time is uncontrolled, order for:
priority of recognition is as A. Yielding for
follows: Majority Leady, more than a
Minority leader, majority question
manager, minority manager, B. Violating
in the order listed, unless Rule XIX,
another Senator has clearly See 8(a),
sought recognition first. In 8(b) and
the absence of any of those 8(c) below
four Senators seeking or
recognition, all Senators 2. By running out of
have an equal opportunity to allotted time; or
claim the floor. The Chair 3. By the arrival of a
should recognize the Senator previous order.
whom the Chair hears first d. A Senator does not lose the
and who is also standing. floor when he or she makes a
b. If time is controlled, only unanimous consent request.
Senators who control time, 5. Who is eligible to seek recognition?
or have time yielded to them a. Leaders, managers, those
are eligible to be recognized controlling time under a
by the Chair, except by unanimous consent
unanimous consent. agreement have priority
4. Is the floor available for Senators b. Senator generally what is
to seek recognition? priority of recognition? See
a. Is the Senator seeking the 3(a) above,
floor in his or her own right, 6. How is recognition obtained?
or is the Senator seeking a. Subject to the right of the
acknowledgement through Majority and Minority
the Chair to ask a question of leaders, and the majority and
minority manager of a 8. Are there restriction on the
measure, the Senator who in content of debate?
the opinion of the Chair first a. Disorderly language: Rule
audibly addresses the Chair XIX, paragraphs 2, 3, 4 and
is entitled to be recognized. 5 Senators shall not
See 5(a) above. directly or indirectly, by
b. Senators should address the any form of words impute to
Chair audibly, by saying another Senator or to other
either Mr. President, or Senators any conduct or
madam President. motive unworthy or
7. What may a Senator do who has unbecoming a Senator, or
been recognized? refer offensively to any
a. Engage in debate State of the Union.
b. Offer amendments b. Germaneness of debate
1. Are amendments in (Pastore Rule) Rule XI,
order? paragraph 1(b).
A. Are they timely? I.e. is c. Germaneness of debate
there a unanimous (post-cloture) Rule XXII.
consent agreement? 9. Points of Order
B. Is there room for them? a. In general, the chair waits for
DO they fit on the a point of order to be made
applicable amendment from the floor.
tree? See 1 (c) (2) (B) b. Generally, a Senator must
under Questions and have the floor to make a
Answers above. point of order
i. Are there any c. A Senator need not have the
committee floor to call a Senator to
amendments order under Rule XIX,
(other than a which challengers the right
complete of the Senator who has been
substitute) that recognized to obtain or keep
have not been the floor.
disposed of? 10. Putting the question depends on
ii. Are they whether or not debate is controlled
perfecting or or uncontrolled.
substitute a. If debate is uncontrolled and
amendments? there is no unanimous
iii. Are they consent order controlling
properly drafted? when the vote will occur, the
C. Are there restrictions on question is always imminent.
content, imposed by If no Senator seeks
unanimous consent, recognition to debate or to
statute (Budget Act., etc.) take some other action (offer
or cloture? an amendment, make a
c. Make a motion motion or point of order, or
d. Pose an inquiry to the Chair suggest the absence of a
e. Make a point of Order
quorum, etc.), the Chair is
required to put the question.
b. If debate is controlled, all
time must be used or yielded
back before the Chair puts
the question.
c. Before the result of a voice
vote is announced, any
Senator has the right to
request the yeas and nays.
d. After virtually every vote, a
Senator (usually the majority
manager) moves to
reconsider the vote, and
another Senator usually the
minority manager moves to
table the motion to
reconsider; the Chair may
respond, Without
objection, the motion to
table is agreed to.

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