Invoking Cloture in the Senate (CRS Report for Congress)
| Release Date |
Revised April 6, 2017 |
| Report Number |
98-425 |
| Authors |
Christopher M. Davis, Analyst on Congress and the Legislative Process |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Cloture is the only procedure by which the Senate can vote to set an end to a debate without
also rejecting the bill, amendment, conference report, motion, or other matter it has been
debating. A Senator can make a nondebatable motion to table an amendment, and if a
majority of the Senate votes for that motion, the effect is to reject the amendment. Thus, the
motion to table cannot be used to conclude a debate when Senators still wish to speak and to
enable the Senate to vote for the proposal it is considering. Only the cloture provisions of Rule
XXII achieve this purpose.
There are several stages to the process of invoking cloture.
First, at least 16 Senators sign a cloture motion (also called a cloture petition)
that states: “We, the undersigned Senators, in accordance with the provisions of
Rule XXII of the Standing Rules of the Senate, hereby move to bring to a close
the debate upon [the matter in question].”
To present a cloture motion, a Senator may interrupt another Senator who is
speaking. When the motion is presented, the clerk reads it.
The cloture motion then lies over until the second calendar day on which the
Senate is in session. For example, if the motion is filed on Monday, it lies over
until Wednesday, assuming the Senate is in session daily. If the motion is filed on
Friday, it lies over until Tuesday unless the Senate was in session on Saturday or
Sunday.
The Senate votes on the cloture motion one hour after it convenes on the second
calendar day after the cloture motion was filed and after a quorum call has
established the presence of a quorum. The time for the cloture vote may be
changed by unanimous consent, and the required quorum call is routinely
waived.
The presiding officer presents the cloture motion to the Senate for a rollcall vote
at the time required by Rule XXII, even if the Senate had been considering other
business between the time the cloture motion was filed and the time for voting on
the motion arrives.
The majority required to invoke cloture for most business is three-fifths of the
Senators duly chosen and sworn, or 60 votes if there are no vacancies in the
Senate’s membership. However, invoking cloture on a measure or motion to
amend the Senate’s standing rules requires the votes of two-thirds of the Senators
present and voting, or 67 votes if all 100 Senators vote. Additionally, under
precedents established on November 21, 2013, and April 6, 2017, invoking
cloture on presidential nominations requires a vote of a majority of Senators
present and voting, or 51 votes if all 100 Senators vote.1
Senators who wish to offer amendments to a bill or amendment on which cloture has been
invoked must submit their amendments in writing before the cloture vote takes place. First-degree
amendments (which propose to change the text of a bill or a committee amendment in the nature
of a substitute) must be submitted in writing to the journal clerk when the Senate is in session but
no later than 1:00 p.m. on the day after the cloture motion is filed. Second-degree amendments
(which propose to amend first-degree amendments) must be submitted at least an hour before the
Senate votes on cloture.
