Over two days in July 2014, Senator Tom Daschle, Representative Barney Frank, Representative Bob Livingston, Senator Trent Lott, and Lawrence O'Donnell convened in Washington, D. C., and came to unanimous consensus on the following recommendations to reform Congress for the Twenty-First century

I

Establish a fivE-day workweek.

In order to ensure that lawmakers have sufficient time to do the people's work in Washington and to accommodate their need to spend time with constituents, Congress would be in session for three consecutive five-day workweeks followed by a one-week break. This would not only streamline the legislative process but also foster closer working relationships among members.

II

SYNCHRONIZE HOUSE AND SENATE SCHEDULES.

When and for how long the Senate and the House of Representatives are in session is the prerogative of congressional leadership, and in order to maximize productivity and encourage dialogue, this recommendation would require that the two chambers be in session during the same three weeks each month.

III

Allow committees to work every morning without the interruption of floor votes.

The Senate has twenty standing (i.e., permanent) committees, and the House has twenty-one. This measure would allow them to devote uninterrupted time to conducting hearings, shaping legislation, and the other work required of their committees, shielding them from arbitrary and unpredictable disruptions.

IV

UPON CONSIDERATION OF A BILL IN THE SENATE, THERE SHALL BE AT LEAST TEN AMENDMENTS (IF OFFERED) IN ORDER, GIVEN IN ALTERNATING ORDER BETWEEN SENATORS OF BOTH PARTIES.

This would effectively prohibit the practice of "filling the tree," a parliamentary tactic by which the Senate majority leader can block any amendments to a bill. There would be no requirement that such amendments be considered germane to the bill.

V

END THE FILIBUSTER ON THE MOTION TO PROCEED, AND IN TURN LIMIT DEBATE ON THE MOTION TO TWO HOURS, DIVIDED EQUALLY BETWEEN THE TWO PARTIES.

Prior to a bill even reaching the Senate floor for debate, the majority leader must bring up the bill for consideration, and the current rules allow any member to filibuster (or threaten to filibuster) the bill at that point. This would eliminate that practice altogether and cap the amount of time spent debating the motion to proceed.

VI

REQUIRE FORTY-ONE AFFIRMATIVE VOTES TO MAINTAIN A FILIBUSTER.

Rather than the current rule, which requires a supermajority of sixty votes to end a filibuster, this would require forty-one votes to maintain a filibuster.

VII

FOR FEDERAL APPOINTEES, LIMIT SENATE CONFIRMATION TO THE TOP FOUR HUNDRED POLICYMAKING ROLES (I.E., REDUCE THE CURRENT NUMBER BY HALF).

VIII

EXCEPT UNDER EXTRAORDINARY CIRCUMSTANCES (ETHICAL ISSUES, HEALTH ISSUES, AVAILABILITY ISSUES), ANY NOMINATION THAT HAS BEEN IN COMMITTEE FOR NINETY DAYS SHOULD BE AUTOMATICALLY DISCHARGED AND PLACED ON THE CALENDAR FOR DUE CONSIDERATION.

Due in large part to Senator Harry Reid's triggering of the so-called nuclear option last fall (when he made it possible to end debate on any non–Supreme Court judicial nominee with a simple majority rather than the sixty votes required previously), the power of the minority to block judicial appointments has been limited. However, it is still possible for a nomination to remain in committee (i.e., not even on the floor) indefinitely, and this would end that practice.

"What damage comes from the Senate having to vote up or down on the presidential nominee? What minority protection is being abused if the United States senators who have been elected have to vote yes or no on an official appointment of the president of the United States?" —Barney Frank

IX

ENSURE PARTIAL PRIVILEGED STATUS FOR MEASURES THAT HAVE GONE THROUGH THE COMMITTEE PROCESS BY PROVIDING THAT COMMITTEE-REPORTED AMENDMENTS BE CONSIDERED GERMANE TOTHE REPORTED MEASURE UNDER CLOTURE.

To strengthen the role of committees in the legislative process, this would ensure that any amendments approved in committee would be given special consideration in the event it is necessary to invoke cloture to pass a measure.

X

MOTIONS TO RECOMMIT IN THE HOUSE OF REPRESENTATIVES MUST EITHER CONTAIN INSTRUCTIONS WITH THE PROVISION THAT THE BILL BE REPORTED IMMEDIATELY ORBE STRAIGHT MOTIONS TO RECOMMIT.

Just before the Speaker of the House calls for a floor vote on any given bill, a member can make a motion to "recommit" the bill back to its original committee in order to consider any final amendments. This is one of the ways the minority can influence the final makeup of the bill, but the way the House currently works, such a motion instructing a committee to report a measure back "promptly" could send the bill back to committee indefinitely (in other words, killing it). This measure would ensure that any motions to recommit contain instructions to have the bill return to the floor immediately ("forthwith").

XI

RESTRICT THE ABILITY OFTHE HOUSE RULES COMMITTEE TO REWRITE BILLS THAT HAVE ALREADY CLEARED COMMITTEE.

A bill can clear a committee with unanimous bipartisan support only to see its language altered by the House Rules Committee (often under the direction of the majority leader or Speaker) before it goes to the floor for a vote. This would limit such a practice.

XII

REQUIRE PERIODIC JOINT-PARTY LEADERSHIP CAUCUSES TO DISCUSS POTENTIAL AREAS FOR LEGISLATIVE COOPERATION.

Although the Commission stops short of mandating specific timing or frequency, since such conditions resist enforcement, it nonetheless would require that such meetings take place regularly.

XIII

INCREASE THE USE OF CONFERENCE COMMITTEES BETWEEN THE HOUSE AND SENATE.

XIV

THIRTY CALENDAR DAYS AFTER ABILL HAS PASSED BOTH CHAMBERS, A MOTION IN THE HOUSE TO GO TO CONFERENCE SHALL BE A PRIVILEGED MOTION.

When one version of a bill passes in the House and another version passes in the Senate, it is the responsibility of the conference committee, made up of members of both chambers, to reconcile the two versions into a final bill that can be approved by both chambers and then sent to the president for signing. However, even when two versions of a bill pass their respective chambers, there are numerous ways it can be prevented from going to conference. Measures XIII to XV would minimize and in some instances eliminate those obstacles.

"I was always offended that even after the committee had acted and the Senate as a whole had acted and voted affirmatively, one turkey could show up and say, 'It's not going to conference.' " —Trent Lott

XV

MAKE MOTIONS TO REQUEST A CONFERENCE ANDTO APPOINT CONFEREES NOT SUBJECT TO DEBATE.

XVI

EXTEND THE ANNUAL BUDGET-RESOLUTION PROCESS TO A BIENNIAL ONE WHILE ALLOWING FORMULTIYEAR AUTHORIZATIONS AND ANNUAL APPROPRIATIONS.

Instead of an annual showdown between parties on spending priorities—or, as has recently been the case, an annual passing the buck in the form of continuing resolutions that extend the previous year's spending—this would move the process to every other year while still allowing the House and Senate to adjust their spending on a year-to-year basis.

XVII

PURSUE WAYS TO FACILITATE MEMBERS' PRESENCE AND ON-FLOOR DEBATE.

Rather than relying on prepared speeches and emotionally gripping barn burners delivered to C-SPAN, the Commission urges the congressional leadership to consider ways that members could engage in substantial debate.

XVIII

LIMIT MEMBERSHIP TO TWO COMMITTEES.

Right now there are few limits to the number of committees that any member can serve on. In order to make sure that members aren't overburdened with obligations (or tempted to use a high number of committee assignments to attract the attention of donors or lobbyists), this would limit the number of committees they could serve on to two.

XIX

ESTABLISH A SINGLE, NATIONWIDE CONGRESSIONAL PRIMARY DATE IN JUNE.

The Constitution gives Congress the right to set the terms of congressional elections. This would eliminate the patchwork of primary dates throughout the first half of an election year (which inevitably leads to lower voter turnout) and create a single national primary date.

XX

MANDATE IN-STATE BIPARTISAN REDISTRICTING COMMISSIONS TO ELIMINATE GERRYMANDERING.

In each state, every ten years, a bipartisan commission of Democrats and Republicans, appointed by the state legislature, will study census data, conduct statewide hearings, and reach an agreement on the geographic lines that determine the states' various districts.

"Because of the way we gerrymander, officials now are picking their voters. The voters aren't picking their elected officials." —Tom Daschle

XXI

PROHIBIT INDIVIDUAL MEMBERS OF CONGRESS FROM ORGANIZING AND RUNNING PACS.

Although still able to raise funds for their own campaigns and for national organizations like the Democratic or Republican National Committees, members would be prohibited from raising and disbursing funds to other candidates through PACs.

XXII

RESTORE THE BALANCE BETWEEN THE EXECUTIVE AND LEGISLATIVE BRANCHES BY AUTHORIZING SPECIFIC EXPENDITURES SO LONG AS THE PROVISIONS ARE TRANSPARENT AND SUBJECT TO THE COMMITTEE PROCESS.

This measure allows members to petition on behalf of their constituents, and in restoring these so-called earmarks and subjecting them to oversight, it allows members to better represent their constituents' interests.

Published in the November 2014 issue

Richard Dorment Richard Dorment is the editor-in-chief of Men’s Health.

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