Considering Legislation on the House Floor:
February 26, 2021July 22, 2022
Common Practices in Brief
Elizabeth Rybicki
This brief overview explains the most common ways legislation is considered on the House floor,
This brief overview explains the most common ways legislation is considered on the House floor,
Specialist on Congress and
Specialist on Congress and
and it describes the types of questions most likely to be voted on and the opportunities for
and it describes the types of questions most likely to be voted on and the opportunities for
the Legislative Process
the Legislative Process
legislative debate that are most frequently used by Members.
legislative debate that are most frequently used by Members.
The most common method used to consider bills and resolutions in the House is suspension of
The most common method used to consider bills and resolutions in the House is suspension of
the rules. This method has evolved as a way for measures that enjoy widespread support to be
the rules. This method has evolved as a way for measures that enjoy widespread support to be
quickly processed by the House. A motion to suspend the rules and pass a bill is debatable for 40 minutes. The Member quickly processed by the House. A motion to suspend the rules and pass a bill is debatable for 40 minutes. The Member
makingrecognized to make the motion controls 20 minutes of the time, and another Member controls the other 20 minutes of time. When debate the motion controls 20 minutes of the time, and another Member controls the other 20 minutes of time. When debate
has concluded, a single vote is held on the question of suspending the rules and passing the measure. Members cannot offer has concluded, a single vote is held on the question of suspending the rules and passing the measure. Members cannot offer
amendments from the floor, but an amendment might be included in the motion. A two-thirds vote is required to pass a amendments from the floor, but an amendment might be included in the motion. A two-thirds vote is required to pass a
measure under suspension. Many suspension motions are passed by voice vote. measure under suspension. Many suspension motions are passed by voice vote.
Most major bills, however, are considered through a multi-stage process involving the Committee on Rules. Special rules are
Most major bills, however, are considered through a multi-stage process involving the Committee on Rules. Special rules are
House resolutions reported by the Committee on Rules that set the terms for debating and amending measures. Through House resolutions reported by the Committee on Rules that set the terms for debating and amending measures. Through
special rules, the House majority can customize floor procedures for considering each bill. The House first approves a special special rules, the House majority can customize floor procedures for considering each bill. The House first approves a special
rule and then considers the bill under the terms of that rule. After an hour of debate on a special rule, a Member typically rule and then considers the bill under the terms of that rule. After an hour of debate on a special rule, a Member typically
moves the previous question, a motion that proposes to end consideration of a matter. The previous question is almost moves the previous question, a motion that proposes to end consideration of a matter. The previous question is almost
invariably agreed to, and the House then votes on approving the special rule. invariably agreed to, and the House then votes on approving the special rule.
When a measure is considered under the terms of a special rule, there is first a period for general debate on the bill. After
When a measure is considered under the terms of a special rule, there is first a period for general debate on the bill. After
general debate, there might be an opportunity to offer amendments to the bill, but it depends on the special rule. A closed rule general debate, there might be an opportunity to offer amendments to the bill, but it depends on the special rule. A closed rule
is one that does not allow amendments to be offered from the floor. Under an open rule, in contrast, Members can offer any is one that does not allow amendments to be offered from the floor. Under an open rule, in contrast, Members can offer any
amendment that does not violate a House rule, including statutory provisions that the House has designated to function as amendment that does not violate a House rule, including statutory provisions that the House has designated to function as
House rules, such as the Budget Act. More commonly today, amendments are offered under rules that allow specific House rules, such as the Budget Act. More commonly today, amendments are offered under rules that allow specific
amendments identified in the report of the Rules Committee accompanying the special rule. Before the House votes on final amendments identified in the report of the Rules Committee accompanying the special rule. Before the House votes on final
passage of a measure, there may be a vote on a motion to recommit, which proposes that the bill be returned to committee for passage of a measure, there may be a vote on a motion to recommit, which proposes that the bill be returned to committee for
further consideration. further consideration.
A bill or joint resolution must pass both the House and the Senate in precisely the same form before it can be sent to the
A bill or joint resolution must pass both the House and the Senate in precisely the same form before it can be sent to the
President. Historically, the House has resolved its differences with the Senate on major legislation through conference President. Historically, the House has resolved its differences with the Senate on major legislation through conference
committees (panels of Representatives and Senators committees (panels of Representatives and Senators
selected from the committees of jurisdiction who meet to negotiate a compromise from the committees of jurisdiction who meet to negotiate a compromise
version of the bill). The resulting recommended legislation—the conference report—must be approved by both the House version of the bill). The resulting recommended legislation—the conference report—must be approved by both the House
and Senate and cannot be amended. Sometimes, the House and Senate resolve their differences not through conference and Senate and cannot be amended. Sometimes, the House and Senate resolve their differences not through conference
committee,committee but through but through
an exchange of amendments between the houses. In this process, the chambers shuttle a measure back and forth until amendments between the houses. In this process, the chambers shuttle a measure back and forth until
they both agree to the same text. they both agree to the same text.
Congressional Research Service
Congressional Research Service
link to page 4 link to page 4 link to page 4 link to page 5 link to page 5 link to page 6 link to page 6 link to page 7 link to page
link to page 4 link to page 4 link to page 4 link to page 5 link to page 5 link to page 6 link to page 6 link to page 7 link to page
89 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9
Considering Legislation on the House Floor: Common Practices in Brief
Contents
Introduction ..................................................................................................................................... 1
Suspension of the Rules .................................................................................................................. 1
Debate of Motion to Suspend the Rules .................................................................................... 1
Voting on Motions to Suspend the Rules .................................................................................. 2
Under the Terms of a Special Rule .................................................................................................. 2
Rules Committee Action ........................................................................................................... 3
House Action on the Rule ......................................................................................................... 3
House Action on the Bill ........................................................................................................... 4
Reaching Agreement with the Senate .............................................................................................. 56
Conference Committee .............................................................................................................. 6
Amendments Between the Houses ............................................................................................ 6
Contacts
Author Information .......................................................................................................................... 6
Congressional Research Service
Congressional Research Service
Considering Legislation on the House Floor: Common Practices in Brief
Introduction
The decisionmaking processes of the House of Representatives have developed from English The decisionmaking processes of the House of Representatives have developed from English
parliamentary procedure, American colonial legislative practice, and over parliamentary procedure, American colonial legislative practice, and over
225230 years of federal years of federal
lawmaking activity. The Constitution, a set of written rules, statutes, and 31 volumes of recorded lawmaking activity. The Constitution, a set of written rules, statutes, and 31 volumes of recorded
precedent together guide the House’s legislative actions. The legislative process has the potential precedent together guide the House’s legislative actions. The legislative process has the potential
to be complicated. This overview explains only the most common ways legislation is considered to be complicated. This overview explains only the most common ways legislation is considered
on the House floor, and it describes the types of propositions most likely to be voted on and the on the House floor, and it describes the types of propositions most likely to be voted on and the
opportunities for legislative debate most frequently available to and used by Members.1 For a opportunities for legislative debate most frequently available to and used by Members.1 For a
more comprehensive introduction to the fundamental principles and procedures that apply in more comprehensive introduction to the fundamental principles and procedures that apply in
multiple situations on the House floor, see CRS Report 95-563, multiple situations on the House floor, see CRS Report 95-563,
The Legislative Process on the
House Floor: An Introduction. References to other more comprehensive CRS reports on specific . References to other more comprehensive CRS reports on specific
subjects are provided in footnotes throughout this overview. subjects are provided in footnotes throughout this overview.
Suspension of the Rules
Although the House has a number of possible procedures from which to choose, the most Although the House has a number of possible procedures from which to choose, the most
frequently used method to approve bills and resolutions2 in the House is known as “suspension,” frequently used method to approve bills and resolutions2 in the House is known as “suspension,”
short for suspension of the rules. This method has evolved as a way for measures that enjoy short for suspension of the rules. This method has evolved as a way for measures that enjoy
widespread support to be quickly processed by the House. widespread support to be quickly processed by the House.
The decision as to what measures will be taken up under this procedure normally begins in the
The decision as to what measures will be taken up under this procedure normally begins in the
committee with jurisdiction over the legislation. If there is bipartisan agreement in the committee committee with jurisdiction over the legislation. If there is bipartisan agreement in the committee
that a measure is a good candidate for suspension, committee leaders make that recommendation that a measure is a good candidate for suspension, committee leaders make that recommendation
to party leaders. The Speaker has authority under House rules to determine which measures will to party leaders. The Speaker has authority under House rules to determine which measures will
be considered under suspension of the rules, and when. Members are notified of measures to be be considered under suspension of the rules, and when. Members are notified of measures to be
considered by suspension procedures through daily and weekly leadership announcements and considered by suspension procedures through daily and weekly leadership announcements and
whip notices. whip notices.
Debate of Motion to Suspend the Rules
The floor process begins when a Member, typically a committee or subcommittee chair, makes a The floor process begins when a Member, typically a committee or subcommittee chair, makes a
motion on the House floor to “suspend the rules and pass [the bill].”3 Members cannot offer motion on the House floor to “suspend the rules and pass [the bill].”3 Members cannot offer
amendments from the floor. Sometimes the form of the bill the committee wishes to consider amendments from the floor. Sometimes the form of the bill the committee wishes to consider
includes changes to the text as introduced, in which case the motion made will be to “suspend the includes changes to the text as introduced, in which case the motion made will be to “suspend the
rules and pass [the bill] as amended.” In such cases, the amendments would not be debated or rules and pass [the bill] as amended.” In such cases, the amendments would not be debated or
voted on separately. voted on separately.
1 For information on all of the different ways legislation can be considered on the House floor and their frequency of 1 For information on all of the different ways legislation can be considered on the House floor and their frequency of
use, see CRS Report R44734, use, see CRS Report R44734,
How Legislation Is Brought to the House Floor: A Snapshot of Parliamentary Practice in
the 114th Congress (2015-2016). .
2 Throughout this report, the terms
2 Throughout this report, the terms
bill and and
measure are used interchangeably to refer to all bills and resolutions. There are used interchangeably to refer to all bills and resolutions. There
are, however, four distinct forms of legislation: a bill (H.R. or S.), a joint resolution (H.J.Res. or S.J.Res.), a concurrent are, however, four distinct forms of legislation: a bill (H.R. or S.), a joint resolution (H.J.Res. or S.J.Res.), a concurrent
resolution (H.Con.Res. or S.Con.Res.), and a simple resolution (H.Res. or S.Res.). For more information, see CRS resolution (H.Con.Res. or S.Con.Res.), and a simple resolution (H.Res. or S.Res.). For more information, see CRS
Report R46603, Report R46603,
Bills, Resolutions, Nominations, and Treaties: Characteristics and Examples of Use. .
3 The measure might be one that the committee marked up and reported to the House, or it might be one that was not
3 The measure might be one that the committee marked up and reported to the House, or it might be one that was not
reported by committee. Measures not reported by committee are generally not eligible for floor consideration under reported by committee. Measures not reported by committee are generally not eligible for floor consideration under
House rules, but the motion proposes to “suspend the rules.” House rules, but the motion proposes to “suspend the rules.”
Congressional Research Service
Congressional Research Service
1
1
Considering Legislation on the House Floor: Common Practices in Brief
The motion to suspend the rules is debatable for 40 minutes. The majority party Member making
The motion to suspend the rules is debatable for 40 minutes. The majority party Member making
the motion controls 20 minutes of the time, and another Member, typically the minority party the motion controls 20 minutes of the time, and another Member, typically the minority party
committee leader, controls the other 20 minutes of time. Members who wish to speak on the committee leader, controls the other 20 minutes of time. Members who wish to speak on the
motion are yielded portions of time, usually between one to five minutes, from one of these two motion are yielded portions of time, usually between one to five minutes, from one of these two
floor managers. Often, the allocation of debate time is arranged in advance, with a Member’s floor managers. Often, the allocation of debate time is arranged in advance, with a Member’s
personal staff contacting the committee staff; it can also be arranged among Members during the personal staff contacting the committee staff; it can also be arranged among Members during the
debate.4 debate.4
Voting on Motions to Suspend the Rules
When debate has concluded, a single vote is held on the question of suspending the rules and When debate has concluded, a single vote is held on the question of suspending the rules and
passing the measure with any amendment that might have been included in the motion. Two-passing the measure with any amendment that might have been included in the motion. Two-
thirds of Members voting must agree to the motion. thirds of Members voting must agree to the motion.
Many suspension bills are passed by voice vote. In a voice vote, the Speaker asks all those
Many suspension bills are passed by voice vote. In a voice vote, the Speaker asks all those
currently on the floor to say currently on the floor to say
aye,“aye” and all opposed to say all opposed to say
no,“no” and determines what is the prevailing and determines what is the prevailing
side, in practice almost always picking the position of the majority party. There is no record of side, in practice almost always picking the position of the majority party. There is no record of
how individual Members voted, and often only a few Members are present on the floor at the time how individual Members voted, and often only a few Members are present on the floor at the time
of the voice vote. Sometimes, however, a Member will request that there be a record vote. If so, of the voice vote. Sometimes, however, a Member will request that there be a record vote. If so,
Members are alerted that a vote is occurring and come to the floor and vote by electronic device Members are alerted that a vote is occurring and come to the floor and vote by electronic device
by inserting their voting cards into machines. In contrast to a voice vote, there is a record of how by inserting their voting cards into machines. In contrast to a voice vote, there is a record of how
each individual Member voted. Most of the time, for the convenience of all Members, the each individual Member voted. Most of the time, for the convenience of all Members, the
Speaker postpones record votes on suspension motions, holding a series of votes later in the day Speaker postpones record votes on suspension motions, holding a series of votes later in the day
on each motion on which a record vote was requested.5 The House typically agrees to motions to on each motion on which a record vote was requested.5 The House typically agrees to motions to
suspend the rules and pass bills, but if such a motion fails, that does not affect the status of the suspend the rules and pass bills, but if such a motion fails, that does not affect the status of the
bill. The bill remains eligible to be taken up through another procedure (or through a later motion bill. The bill remains eligible to be taken up through another procedure (or through a later motion
to suspend the rules). to suspend the rules).
Under the Terms of a Special Rule
Especially for measures on which the consideration of amendments may be desired or that are Especially for measures on which the consideration of amendments may be desired or that are
unlikely to garner the necessary two-thirds support to pass under suspension, the House relies on unlikely to garner the necessary two-thirds support to pass under suspension, the House relies on
“special rules.”6 They are “special” in that they are an adaptation of House rules for consideration “special rules.”6 They are “special” in that they are an adaptation of House rules for consideration
of particular measures. A special rule is a procedural proposal reported by the Committee on of particular measures. A special rule is a procedural proposal reported by the Committee on
Rules (in the form of a House resolution) that sets the terms for debating and amending a Rules (in the form of a House resolution) that sets the terms for debating and amending a
measure. The Committee on Rules, which is made up of nine majority party Members and four measure. The Committee on Rules, which is made up of nine majority party Members and four
minority party Members, drafts and reports these resolutions. Special rules minority party Members, drafts and reports these resolutions. Special rules
only have effecttake effect only if if
agreed to on the floor by a majority of agreed to on the floor by a majority of
House Members voting. Under this method of proceeding, Members voting. Under this method of proceeding,
the House first approves a special rule and then the House first approves a special rule and then
it considers a billconsiders one or more bills under the terms of that rule. under the terms of that rule.
This is the second most common method, after suspension of the rules, used to consider bills. This is the second most common method, after suspension of the rules, used to consider bills.
Special rules allow the House to customize procedures for considering
Special rules allow the House to customize procedures for considering
each billindividual bills. The versatility of . The versatility of
special rules is their strength, but it is still possible to generalize about their contents. First, it is special rules is their strength, but it is still possible to generalize about their contents. First, it is
common for the special rule to propose that a text other than the text of a billcommon for the special rule to propose that a text other than the text of a bill
as introduced be the basis for House consideration. For example, a special rule might state that a complete substitute
4 For more information, see CRS Report RS22991, 4 For more information, see CRS Report RS22991,
Speaking on the House Floor: Gaining Time and Parliamentary
Phraseology. .
5 For more information, see CRS Report 98-988,
5 For more information, see CRS Report 98-988,
Voting and Quorum Procedures in the House of Representatives. .
6 For more information, see CRS Report 98-354, 6 For more information, see CRS Report 98-354,
How Special Rules Regulate Calling up Measures for Consideration
in the House. .
Congressional Research Service
Congressional Research Service
2
2
Considering Legislation on the House Floor: Common Practices in Brief
as introduced be the basis for House consideration. For example, a special rule might state that a complete substitute amendment recommended by the committee with jurisdiction over the bill be considered the base amendment recommended by the committee with jurisdiction over the bill be considered the base
text subject to further amendment. Particularly in instances in which multiple committees have text subject to further amendment. Particularly in instances in which multiple committees have
jurisdiction over a bill, the base text the special rule makes in order might reflect negotiations jurisdiction over a bill, the base text the special rule makes in order might reflect negotiations
among committee and party leaders. among committee and party leaders.
Second, special rules generally fall into three broad categories based on the opportunities they
Second, special rules generally fall into three broad categories based on the opportunities they
provide for amendment. Open rules allow consideration of any floor amendments that are provide for amendment. Open rules allow consideration of any floor amendments that are
otherwise in order under the regular procedures of the House. Closed rules do not allow any otherwise in order under the regular procedures of the House. Closed rules do not allow any
amendments to be offered from the floor. Structured rules typically allow amendments that are amendments to be offered from the floor. Structured rules typically allow amendments that are
specified in the printed report accompanying the special rule. specified in the printed report accompanying the special rule.
There are three stages for considering legislation on the House floor under a special rule: Rules
There are three stages for considering legislation on the House floor under a special rule: Rules
Committee action, House action on the rule, and House action on the bill. Committee action, House action on the rule, and House action on the bill.
Rules Committee Action
The process for taking up a legislative proposal under the terms of a special rule normally begins The process for taking up a legislative proposal under the terms of a special rule normally begins
with the committee or committees with jurisdiction over the proposal. The chair of the committee with the committee or committees with jurisdiction over the proposal. The chair of the committee
of jurisdiction (or of the primary committee if the measure had been referred to more than one of jurisdiction (or of the primary committee if the measure had been referred to more than one
committee) writes to the Rules Committee committee) writes to the Rules Committee
and requeststo request a rule for the consideration of a bill on a rule for the consideration of a bill on
the House floor. Most measures taken up by special rule have been considered in a public the House floor. Most measures taken up by special rule have been considered in a public
committee meeting, where members of the committee had an opportunity to propose amendments committee meeting, where members of the committee had an opportunity to propose amendments
and to vote to order the legislation reported, which normally constitutes a recommendation that and to vote to order the legislation reported, which normally constitutes a recommendation that
the House pass the measure with any amendments approved by the committee. the House pass the measure with any amendments approved by the committee.
If the Rules Committee, usually in response to a request from the reporting committee, decides in
If the Rules Committee, usually in response to a request from the reporting committee, decides in
consultation with majority party leaders that a measure consultation with majority party leaders that a measure
willshould be considered under the terms of a be considered under the terms of a
special rule, it makes this announcement to the House on the committee’s website. As mentioned special rule, it makes this announcement to the House on the committee’s website. As mentioned
above, it is not uncommon at this stage for the Rules Committee to propose modifications of the above, it is not uncommon at this stage for the Rules Committee to propose modifications of the
text of the bill that was introduced or reported from the primary committee, and this modified text text of the bill that was introduced or reported from the primary committee, and this modified text
is typically presented as a committee print. If requested to do so by the Rules Committee, is typically presented as a committee print. If requested to do so by the Rules Committee,
Members may submit any proposed amendments to the text. The Rules Committee holds a Members may submit any proposed amendments to the text. The Rules Committee holds a
hearing at which only Members of the House hearing at which only Members of the House
may testify.7 In appearing before the Rules Committee, testify.7 In appearing before the Rules Committee,
Members typically ask that they be permitted to offer their amendments to the bill. If an Members typically ask that they be permitted to offer their amendments to the bill. If an
amendment as drafted violates any rules of the House—such as, for example, the House rule that amendment as drafted violates any rules of the House—such as, for example, the House rule that
amendments be germane—then a Member wishing to offer it requests a waiver of that rule in amendments be germane—then a Member wishing to offer it requests a waiver of that rule in
order that the amendment be allowed. order that the amendment be allowed.
After the hearing, the Rules Committee meets to consider the special rule. Members of the
After the hearing, the Rules Committee meets to consider the special rule. Members of the
committee might vote on whether or not to allow specific amendments to be offered or waivers to committee might vote on whether or not to allow specific amendments to be offered or waivers to
be included. At the end of the meeting, the Rules Committee votes to report a special rule to the be included. At the end of the meeting, the Rules Committee votes to report a special rule to the
full House for its consideration. A Rules Committee report on the special rule is prepared, and the full House for its consideration. A Rules Committee report on the special rule is prepared, and the
report typically includes the text of any specific amendments made in order by a structured rule. report typically includes the text of any specific amendments made in order by a structured rule.
House Action on the Rule
The chair of the Rules Committee, or another Rules Committee member serving as majority floor The chair of the Rules Committee, or another Rules Committee member serving as majority floor
manager, calls up a special rule on the floor at a time arranged in advance with majority party manager, calls up a special rule on the floor at a time arranged in advance with majority party
leadership. The Rules Committee chair or leadership. The Rules Committee chair or
hisa designee is recognized for one hour, and by custom designee is recognized for one hour, and by custom
that Member yields 30 minutes to the ranking minority party member of the Rules Committee (or
7 For more information, see CRS Report 98-313, 7 For more information, see CRS Report 98-313,
House Rules Committee Hearings on Special Rules. .
Congressional Research Service
Congressional Research Service
3
3
Considering Legislation on the House Floor: Common Practices in Brief
that Member yields 30 minutes to the ranking minority party member of the Rules Committee (or another minority party member serving as a floor manager) to use another minority party member serving as a floor manager) to use
“for purposes of debate only” for debate only (so that the (so that the
time may not be used to propose amendments to the resolution or make any other motion). time may not be used to propose amendments to the resolution or make any other motion).
Members who wish to speak on the special rule are yielded portions of time, typically a minute or Members who wish to speak on the special rule are yielded portions of time, typically a minute or
two, from one of these two Members. Typically, Members (or their staff) arrange in advance to be two, from one of these two Members. Typically, Members (or their staff) arrange in advance to be
granted time to speak. granted time to speak.
At the end of
At the end of
anthe hour, the Rules Committee majority floor manager will “move the previous hour, the Rules Committee majority floor manager will “move the previous
question,” and the House votes on the motion. The previous question motion effectively asks question,” and the House votes on the motion. The previous question motion effectively asks
whether the House is ready to vote immediately on the main question. (In this case: Is the House whether the House is ready to vote immediately on the main question. (In this case: Is the House
ready to vote on adoption of the special rule?) Majority party Members usually vote for the ready to vote on adoption of the special rule?) Majority party Members usually vote for the
previous question, and the question is therefore almost always decided in the affirmative. previous question, and the question is therefore almost always decided in the affirmative.
Minority Members who urge a “noMinority Members who urge a “no
” vote vote
” on the previous question are doing so because, if the on the previous question are doing so because, if the
previous question were defeated, the Speaker would recognize the leader of the opposition for previous question were defeated, the Speaker would recognize the leader of the opposition for
one hour. During that one hour. During that
(second) hour, the opponent could propose changes to the special rule, perhaps to hour, the opponent could propose changes to the special rule, perhaps to
allow more minority party amendments to be offered to the bill or to allow the House to consider allow more minority party amendments to be offered to the bill or to allow the House to consider
a different bill. Members in opposition to the special rule often characterize the previous question a different bill. Members in opposition to the special rule often characterize the previous question
vote as a vote related to such amendments or bills. The vote vote as a vote related to such amendments or bills. The vote
onto order the previous question on a rule is the previous question on a rule is
often a record vote, meaning Members use the voting machines on the floor. Once that motion is often a record vote, meaning Members use the voting machines on the floor. Once that motion is
agreed to, the House votes immediately on the question of approving the special rule, and this agreed to, the House votes immediately on the question of approving the special rule, and this
question is often decided by record vote as well. question is often decided by record vote as well.
House Action on the Bill
Once a special rule providing for consideration of a certain bill is approved by the House, the Once a special rule providing for consideration of a certain bill is approved by the House, the
Speaker determines Speaker determines
the schedule for consideration of that billwhen that bill will be brought to the floor. The House typically considers the . The House typically considers the
bill shortly after the special rule governing its debate and amendment is approved, and often bill shortly after the special rule governing its debate and amendment is approved, and often
immediately after. immediately after.
TheWhen a bill is called up by special rule, the House first conducts a period of general debate House first conducts a period of general debate
on the bill, the length of which is set in the , the length of which is set in the
special rule but which is typically an hour or more. During general debate, Members are yielded special rule but which is typically an hour or more. During general debate, Members are yielded
time to speak on the bill, usually by prior arrangement, from one of the two floor managers time to speak on the bill, usually by prior arrangement, from one of the two floor managers
(typically the chair and ranking minority (typically the chair and ranking minority
party member of the reporting committee). A period of member of the reporting committee). A period of
debate time is usually provided on a bill even if the special rule is closed and no amendments are debate time is usually provided on a bill even if the special rule is closed and no amendments are
therefore in order. therefore in order.
After general debate on the bill, there might be an opportunity to offer amendments to it, although
After general debate on the bill, there might be an opportunity to offer amendments to it, although
this depends on the special rule. As noted, closed rules do not allow amendments to be offered this depends on the special rule. As noted, closed rules do not allow amendments to be offered
from the floor. Under an open rule, in contrast, Members can offer any amendment that does not from the floor. Under an open rule, in contrast, Members can offer any amendment that does not
violate a House rule or statutory provisions that the House has designated to function as House violate a House rule or statutory provisions that the House has designated to function as House
rules, such as the Budget Act. Under an open rule, a bill would be read section by section (or rules, such as the Budget Act. Under an open rule, a bill would be read section by section (or
paragraph by paragraph), and amendments would only be in order to the section (or paragraph) paragraph by paragraph), and amendments would only be in order to the section (or paragraph)
that had just been read. A Member wishing to offer an amendment would do so at the time the that had just been read. A Member wishing to offer an amendment would do so at the time the
relevant section was before the House. Any amendment offered would be considered under the relevant section was before the House. Any amendment offered would be considered under the
five-minute rule, with the proponent and an opponent each having five minutes to debate the five-minute rule, with the proponent and an opponent each having five minutes to debate the
amendment. amendment.
OtherAdditional Members could secure debate time by offering a motion to “strike the last Members could secure debate time by offering a motion to “strike the last
word,” an amendment in form only that serves to give a Member five minutes to speak.8 An open word,” an amendment in form only that serves to give a Member five minutes to speak.8 An open
rule typically does not restrict how long this process can last, although discussion can be curtailed rule typically does not restrict how long this process can last, although discussion can be curtailed
by motion or by unanimous consent. by motion or by unanimous consent.
8 For more information, see CRS Report 98-995, 8 For more information, see CRS Report 98-995,
The Amending Process in the House of Representatives. .
Congressional Research Service
Congressional Research Service
4
4
Considering Legislation on the House Floor: Common Practices in Brief
More commonly in the contemporary House, amendments are offered under a structured rule. In
More commonly in the contemporary House, amendments are offered under a structured rule. In
this situation, the amendments that may be offered and the Members who may offer them are this situation, the amendments that may be offered and the Members who may offer them are
identified in the report accompanying the special rule. The presiding officer would recognize identified in the report accompanying the special rule. The presiding officer would recognize
Members to offer amendments in the order provided in the Rules Committee report, and each Members to offer amendments in the order provided in the Rules Committee report, and each
amendment would be debated for the length of time specified in the report, often 10 minutes, amendment would be debated for the length of time specified in the report, often 10 minutes,
divided equally between the proponent and a Member opposed. If Members wish to speak on an divided equally between the proponent and a Member opposed. If Members wish to speak on an
amendment, they must be yielded a portion of time from the amendment sponsor or the Member amendment, they must be yielded a portion of time from the amendment sponsor or the Member
recognized to control the time against the amendment. Many amendments are disposed of by recognized to control the time against the amendment. Many amendments are disposed of by
voice vote, and when recorded votes are ordered, the presiding officer most often postpones the voice vote, and when recorded votes are ordered, the presiding officer most often postpones the
vote to a later time. This allows the House to conduct a series of roll call votes on amendments at vote to a later time. This allows the House to conduct a series of roll call votes on amendments at
one time, rather than conducting roll call votes at various times throughout the day.9 one time, rather than conducting roll call votes at various times throughout the day.9
Before the House votes on final passage of a measure considered pursuant to a special rule, there
Before the House votes on final passage of a measure considered pursuant to a special rule, there
is an opportunity for a Member of the minority party to offer a motion to recommit. This motion is an opportunity for a Member of the minority party to offer a motion to recommit. This motion
proposes that the bill be returned to committee for further consideration. (If the bill was never proposes that the bill be returned to committee for further consideration. (If the bill was never
referred to a committee, then the motion is to commit.) This motion is not subject to debate, and referred to a committee, then the motion is to commit.) This motion is not subject to debate, and
most motions to recommit fail. Under the terms of most special rules the House will vote on final most motions to recommit fail. Under the terms of most special rules the House will vote on final
passage of the bill immediately after voting on a motion to recommit.10 passage of the bill immediately after voting on a motion to recommit.10
Prior to the COVID-19 pandemic, if the special rule permitted Members to offer amendments to
Prior to the COVID-19 pandemic, if the special rule permitted Members to offer amendments to
the bill, then the first step in the process was for the Speaker to declare the House “resolved into the bill, then the first step in the process was for the Speaker to declare the House “resolved into
Committee of the Whole House on the State of the Union.” The so-called Committee of the Committee of the Whole House on the State of the Union.” The so-called Committee of the
Whole is a parliamentary device designed to allow more efficient consideration of legislation than Whole is a parliamentary device designed to allow more efficient consideration of legislation than
is available is available
in the House in its different formsunder alternative sets of procedures the House may use.11 At the conclusion of the amending process, the .11 At the conclusion of the amending process, the
Committee of the Whole would “rise” and “report” the bill to the full House with any Committee of the Whole would “rise” and “report” the bill to the full House with any
amendments it had approved. The House would then itself approve any amendments agreed to in amendments it had approved. The House would then itself approve any amendments agreed to in
the Committee of the Whole. During the Committee of the Whole. During
most of the pandemic, however, special rules the pandemic, however, special rules
have not provideddid not provide for for
consideration of amendments in the Committee of the Whole, perhaps because the special consideration of amendments in the Committee of the Whole, perhaps because the special
procedures to allow for proxy voting during a public health emergency procedures to allow for proxy voting during a public health emergency
dodid not apply to the not apply to the
Committee of the Whole.12
Reaching Agreement with the Senate
Passage of a measure through the House is a crucial stage of the legislative process, but a bill or joint resolution must pass both the House and the Senate in precisely the same form before it can
9 During the COVID-19 pandemic, the House changed its practices during roll call votes to limit the number of Members present on the House floor at one time. This lengthened the time required to complete a roll call vote, and it Committee of the Whole.12 On July 19, 2022, the House agreed to a special rule that provided for consideration of a bill in Committee of the Whole and also applied the proxy voting procedures to that forum.13
9 During the COVID-19 pandemic, it has been common for special rules to allow the majority floor manager to offer amendments “en bloc,” or has been common for special rules to allow the majority floor manager to offer amendments “en bloc,” or
all together, packaged together as a single amendment, to reduce the number of roll call votes. to reduce the number of roll call votes.
10 Until the 117th Congress, it was possible for a member of the minority party to offer a motion to recommit 10 Until the 117th Congress, it was possible for a member of the minority party to offer a motion to recommit
with
instructions. In its most common form, this motion was effectively a last opportunity for a Member of the minority . In its most common form, this motion was effectively a last opportunity for a Member of the minority
party to offer an amendment to the bill. It proposed that the measure be sent back to committee, but it also usually party to offer an amendment to the bill. It proposed that the measure be sent back to committee, but it also usually
proposed that the committee immediately report the bill back with an amendment. The House changed its rules in the proposed that the committee immediately report the bill back with an amendment. The House changed its rules in the
117th Congress to allow only motions to recommit that would have the effect of returning the measure to committee. 117th Congress to allow only motions to recommit that would have the effect of returning the measure to committee.
11 For more information, see CRS Report RL32200,
11 For more information, see CRS Report RL32200,
Debate, Motions, and Other Actions in the Committee of the
Whole, by Bill Heniff Jr. and Elizabeth Rybicki, by Bill Heniff Jr. and Elizabeth Rybicki
.
12 The House, in the 116th Congress, agreed to H.Res. 965, which authorized voting by proxy during a public health
12 The House, in the 116th Congress, agreed to H.Res. 965, which authorized voting by proxy during a public health
emergency. In the 117th Congress, the House agreed to H.Res. 8, which applied most of the provisions of H.Res. 965, emergency. In the 117th Congress, the House agreed to H.Res. 8, which applied most of the provisions of H.Res. 965,
116th Congress, to the 117th Congress. 116th Congress, to the 117th Congress.
Congressional Research Service
5
Considering Legislation on the House Floor: Common Practices in Brief
be sent to the President.1313 Specifically, the House agreed to H.Res. 1232, providing for the consideration of an appropriations bill and other legislation. It contained a provision stating H.Res. 1230 was hereby adopted. H.Res. 1230, by amending H.Res. 8, applied the proxy voting procedures of H.Res. 965, 116th Congress, to the Committee of the Whole.
Congressional Research Service
5
Considering Legislation on the House Floor: Common Practices in Brief
Reaching Agreement with the Senate Passage of a measure through the House is a crucial stage of the legislative process, but a bill or joint resolution must pass both the House and the Senate in precisely the same form before it can be sent to the President.14 This requirement means, first, that the House and Senate must both act This requirement means, first, that the House and Senate must both act
on the same measure and, second, that if one chamber agrees to a measure of the other with on the same measure and, second, that if one chamber agrees to a measure of the other with
amendments, the chambers must negotiate a text they can both agree to, using either a conference amendments, the chambers must negotiate a text they can both agree to, using either a conference
committee or an exchange of amendments between the houses. committee or an exchange of amendments between the houses.
Conference Committee
Historically, the House has resolved its differences with the Senate on major legislation through Historically, the House has resolved its differences with the Senate on major legislation through
conference committees, or panels of Representatives and Senators from the committees of conference committees, or panels of Representatives and Senators from the committees of
jurisdiction who meet to negotiate a compromise version of the bill. The resulting recommended jurisdiction who meet to negotiate a compromise version of the bill. The resulting recommended
legislation—the conference report—must be approved by both the House and Senate. In the legislation—the conference report—must be approved by both the House and Senate. In the
House, a conference report is typically considered for one hour under the terms of a special rule. House, a conference report is typically considered for one hour under the terms of a special rule.
No amendments are in order to a conference report, as it is meant to reflect the final compromise No amendments are in order to a conference report, as it is meant to reflect the final compromise
between the chambers.between the chambers.
1415
Amendments Between the Houses
Sometimes, the House and Senate resolve their differences not through conference committee, but Sometimes, the House and Senate resolve their differences not through conference committee, but
through amendments between the houses, or what is popularly known as “ping pong.” In this through amendments between the houses, or what is popularly known as “ping pong.” In this
process, the House and Senate shuttle a measure back and forth between them, each proposing process, the House and Senate shuttle a measure back and forth between them, each proposing
alternatives in the form of amendments until they both agree to the same text. When the House alternatives in the form of amendments until they both agree to the same text. When the House
considers a Senate amendment, it might do so under a motion to suspend the rules, as described considers a Senate amendment, it might do so under a motion to suspend the rules, as described
above, or, when the legislative proposal is unlikely to get the support of two-thirds of the House, above, or, when the legislative proposal is unlikely to get the support of two-thirds of the House,
under the terms of a special rule. It is very unlikely that Members will have an opportunity to under the terms of a special rule. It is very unlikely that Members will have an opportunity to
offer amendments from the floor or to make a motion to recommit the Senate amendment.offer amendments from the floor or to make a motion to recommit the Senate amendment.
1516
Author Information
Elizabeth Rybicki Elizabeth Rybicki
Specialist on Congress and the Legislative Process
Specialist on Congress and the Legislative Process
1314 This requirement also applies to joint resolutions proposing constitutional amendments and to concurrent resolutions, This requirement also applies to joint resolutions proposing constitutional amendments and to concurrent resolutions,
even though neither are sent to the White House for the President’s signature or veto. House and Senate resolutions, on even though neither are sent to the White House for the President’s signature or veto. House and Senate resolutions, on
the other hand, do not require action by the other body. the other hand, do not require action by the other body.
1415 For more information, see CRS Report 98-696, For more information, see CRS Report 98-696,
Resolving Legislative Differences in Congress: Conference
Committees and Amendments Between the Houses. .
1516 For more information, see CRS Report R41003, For more information, see CRS Report R41003,
Amendments Between the Houses: Procedural Options and Effects. .
The right of the minority to offer a motion to recommit is guaranteed only during initial consideration.
Congressional Research Service
Congressional Research Service
6
6
Considering Legislation on the House Floor: Common Practices in Brief
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.
Congressional Research Service
Congressional Research Service
R43424
R43424
· VERSION 810 · UPDATED
7
7