About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 (December 21, 2006)

handle is hein.crs/crsmthaahjp0001 and id is 1 raw text is: Order Code 98-780 GOV Updated December 21, 2006 SCRS Report for Congress 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 non-debatable 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's rulebook in 1917 and has been amended several times since. Under its current formulation, Rule XXII requires a cloture petition (signed by 16 Senators) to be presented to the Senate. Two 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 question (a bill, amendment, or motion, for example) to a vote. (To end debate on a measure or motion to amend Senate rules requires approval by 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 conditions and constraints. Several of 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 roll-call 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 portions of their one 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 1 hour Congressional Research Service The Library of Congress Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most