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1 (January 24, 2001)

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                                                              Order Code 98-424 GOV
                                                            Updated January 24, 2001



 CRS Report for Congress

               Received through the CRS Web



         Cloture: Its Effects on Senate Floor
                           Proceedings

                               Stanley Bach
               Senior Specialist in the Legislative Process
                    Government and Finance Division


    By invoking cloture, the Senate votes to impose a limit on how much longer the
Senate will consider a question that is pending before it. That question may be a bill,
resolution, amendment, motion, conference report, nomination, or other matter of
legislative or executive business. Once cloture is invoked on a question, that question is
to remain the business of the Senate until the Senate disposes of it. In the meantime, the
Senate can consider other business only by unanimous consent.

    While considering a question under cloture, the Senate follows procedures that differ
from its normal floor procedures in several important ways. Most of the changes in
procedure that are triggered by a vote to invoke cloture are specified in paragraph 2 of
Senate Rule XXII. Several other important effects of cloture on the Senate's floor
proceedings are matters of precedent, and are discussed in Riddick's Senate Procedure,
pp. 282-334, on Cloture Procedure.

     Thirty Hour Cap on Further Consideration. The most important effect of
invoking cloture is to impose a cap of 30 hours of additional time for the Senate to
continue considering the question on which it invoked cloture. This is a 30-hour cap on
consideration, not merely on debate. The time consumed by other proceedings, such as
points of order, quorum calls and rollcall votes, counts against this 30-hour cap, as does
all time consumed by debate. However, any time that the Senate spends on other business
or in recess or adjournment does not count against the 30 hours. If and when all time
under the 30-hour cap has expired, the Senate votes on the question on which it invoked
cloture, without acting on any amendments that are not actually pending and any motions
except motions to table and reconsider. A Senator also may demand a live quorum call
before the Senate begins to vote on the question on which cloture was invoked.

    Extending the Cap. Once each calendar day, the Senate can consider a
nondebatable motion to extend the cap beyond 30 hours. Such a motion requires the
support of the same majority that is needed to invoke cloture (except on a Senate rules
change): three-fifths of the Senators duly chosen and sworn. Also, Rule XXII guarantees
each Senator at least 10 minutes to speak if the 30-hour period has expired and a Senator
has not used or yielded at least 10 minutes of his or her time for debate. In principle,
therefore, the period for post-cloture consideration can extend somewhat beyond 30


       Congressional Research Service       The Library of Congress

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