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Order Code 98-780 GOV
Updated March 7, 2005
CRS Report for Congress
Received through the CRS Web
Cloture: Its Effect on Senate Proceedings
Walter J. Oleszek
Government and Finance Division
Long known for its emphasis on lengthy deliberation, the Senate in most
circumstances allows its Members to debate issues for as long as they want. Further, the
Senate has few ways either to limit the duration of debates or to bring filibusters
(extended talkathons) to an end. For instance, a Senator may offer a nondebatable
motion to table (or kill) an amendment or he or she might ask unanimous consent to
restrict debate on pending matters. The Senate has one formal rule - Rule XXII - for
imposing limits on the further consideration of an issue. Called the cloture rule (for
closure of debate), Rule XXII became part of the Senate rules in 1917 and has been
amended several times since. This fact sheet, one in a series of fact sheets on legislative
process, discusses cloture. For more information on legislative process, see
[http://www.crs.gov/products/guides/guidehome.shtml].
Under its current formulation, Rule XXII requires a cloture petition (signed by 16
Senators) to be presented to the Senate. Two calendar days later, and one hour after the
Senate convenes, the presiding officer is required to order a live quorum call and, after
its completion, to put this question to the membership: Is it the sense of the Senate that
debate shall be brought to a close? If three-fifths of the entire Senate membership (60
of 100) votes in the affirmative, cloture is invoked and the Senate is subject to post-
cloture procedures that will eventually end the debate and bring the clotured bill,
amendment, or motion to a vote. (To end debate on a measure or motion to amend Senate
rules requires two-thirds of the Senators present and voting.)
If cloture is invoked under the terms of Rule XXII, then Senate floor activity is
thereafter subject to a variety of constraints. The main post-cloture features include:
30-Hour Time Cap. Thirty hours of further consideration is permitted on the
clotured question with time used for such things as rollcall votes or quorum calls charged
against the 30-hour cap. As Senate precedents state, the time used for roll call votes,
quorum calls, reading of amendments, points of order and inquiries to and responses by
the Chair, and the like, is charged against the 30 hours. Therefore, it is quite possible that
the total debate by Senators could be far less than 30 hours. The 30-hour period may be
extended if three-fifths of all Senators duly chosen and sworn agree to the increase.
One-Hour of Debate Per Senator. Under cloture, each Senator is entitled to an
hour of debate on a first come, first served basis. Senators may yield all or some of
their hour to a floor manager or a party leader but neither may be yielded more than two
additional hours. Any Senator may yield back to the Chair some or all of his one hour
Congressional Research Service **o The Library of Congress](ViewImageLocal?handle=hein.crs/crsmthaahjo0001&div=1&collection=&method=preview&ext=.png&size=3)