	Brief History of the Cloture Rule

Proposals to limit Senate debate are as old as the Senate itself. The most important debate-limiting procedure enacted was the adoption in 1917 of the "cloture rule," codified in paragraph 2 of Senate Rule XXII. In recent Congresses—and perhaps especially in the 112 th (2011-2012) and 111 th (2009-2010) Congresses—some Senators have expressed renewed concern over the effect of extended debate on the Senate's capacity to act efficiently. The first category addressed below includes proposals that provide a non-rule-based mechanism by which the Senate could change its rules or precedents, or both, without needing to surmount the supermajority hurdle present in existing rules; specifically, these proposals hinge on a novel ruling by the Senate's presiding officer in relation to Senate rules on debate or the constitutionality thereof. Finally, some proposals would allow for a lower voting threshold to invoke cloture in only specific circumstances. The key phrase in the rule as applied to nominations is "the same legislative day." Increase Procedural Burdens Borne by Opponents of Cloture

Many Senators who support changing the operation of cloture are chiefly concerned with the level of costs associated with threatening (or of conducting) a filibuster. In sum, to the extent that a hold on a measure by even one Senator may mean that a successful cloture process is necessary to proceed to the bill (and in some cases, also, to end debate on it and amendments to it), any efforts to limit the impact of holds should be assessed within the context of proposals to change the operation of cloture in the Senate.
Paragraph 2 of Senate Rule XXII, also known as the "cloture rule," was adopted in 1917. It established a procedure, amended several times over the intervening years, by which the Senate may limit debate and act on a pending measure or matter. Aside from unanimous consent agreements and statutory limits applying to certain types of legislation, cloture is the only mechanism by which the Senate can limit debate.
In recent years, some Senators have expressed renewed concerns over the way in which extended debate is conducted in the Senate and the operation of the cloture rule. Proposals for changing the cloture process include the establishment of new precedents on amending the rules, changes in the threshold necessary to invoke cloture, reductions in the time costs associated with certain cloture-related actions, and new or additional restrictions on debate in certain circumstances.
This report provides a brief history of the Senate cloture rule, explains its main features and the arguments made by supporters and opponents of these features, outlines a range of proposals to change its operation, and briefly explains the methods by which the Senate might change its rules or practices.