![]() The Legislative Process Negotiating Time Agreements Negotiating these complex unanimous consent agreements can be a difficult
and time-consuming process, the responsibility for which falls primarily on
the Majority and Minority Leaders and the leaders of the committee that
reported the bill at issue. They consult interested Senators, but it would be
impractical to consult every Senator about every bill scheduled for floor
action. For this reason, individual Senators and their staffs take the initiative
to protect their own interests by advising the leaders of their preferences
and intentions. Negotiations sometimes take place on the floor and on the
public record, but at least the preliminary discussions and consultations
usually occur in meetings during quorum calls or off the floor.
Senators prefer to expedite the conduct of legislative business whenever
possible, and so normally cooperate in reaching time agreements. But when
Senators have special concerns--for instance, when they are intent on
offering particular amendments or guaranteeing themselves ample time for
debate--their interests must be accommodated. Any Senator who is
dissatisfied with the terms of a proposed time agreement has only to object
when it is propounded on the floor; so long as any one Senator objects, the
standing rules remain in force with all the rights and opportunities they
provide. As a result, time agreements may include exceptions to their
general provisions in order to satisfy individual Senators. For example, a
comprehensive agreement that generally limits debate on each first degree
amendment to an hour and prohibits non-germane amendments may identify
one or more specific amendments that are exempted from the germaneness
requirement, and also may provide different amounts of time for debating
them.
In these ways, time agreements can be less restrictive than the one quoted
earlier. There may be no agreement at all if one or more Senators decide to
fully preserve their rights to debate and offer amendments. On other
occasions, however, agreements have been even more restrictive--for
example, by prohibiting all amendments to a bill except for a few that are
identified specifically in the agreement itself (and perhaps also prohibiting
amendments to those amendments). But if the Senate does accept a
unanimous consent agreement, whatever its terms, it may be changed at a
later time only by unanimous consent.
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