Amendments Between the Houses: Procedural Options and Effects
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Amendments Between the Houses: Procedural Options and Effects
Updated January 6, 2026 (R41003) Jump to Main Text of ReportContents
- Introduction
- Resolving Legislative Differences: A Brief Overview
- Select a Measure
- Agree on Same Legislative Language
- Senate Consideration of House Amendments
- Laying House Amendments Before the Senate
- Motions in the Senate to Dispose of House Amendments
- Disposing of a Single House Amendment in the Nature of a Substitute
- Disposing of Multiple House Amendments
- "Filling the Tree" on a Motion to Dispose of House Amendments
- Motions Necessary to "Fill the Tree"
- "Filling the Tree" and Cloture
- Comparison of Amendment Exchange and Conference Committee Procedures in the Senate
- House Consideration of Senate Amendments
- Rules Committee: Calling Up and Disposing of Senate Amendments
- Motion to Recommit Usually Not Allowed
- Considering Multiple House Amendments to a Senate Amendment
- Transmitting a Single House Amendment After Separate Votes on Different Provisions
- Suspending the Rules to Dispose of Senate Amendments
- Unanimous Consent
- Comparison of Amendment Exchange and Conference Committee Procedures in the House
- Case Study: The Amendment Exchange on H.R. 3221, 110th Congress
Tables
- Table 1. Senate Procedure: A Brief Comparison of Amendment Exchange and Conference Committees
- Table 2. House Procedure: A Brief Comparison of Amendment Exchange and Conference Committees
- Table A-1. Resolving Differences on Measures That Became Public Law
- Table A-2. House Consideration of Senate Amendments by Special Rule, Suspension, or Unanimous Consent (to Measures That Became Public Law)
Summary
The House and Senate must agree to the same measure with the same legislative language before a bill can be presented to the President. To resolve differences between House and Senatemight use the process of amendment exchange. In this process, each chamber acts on the might use the process of amendment exchange. In this process, each chamber acts on the
form of amendments, until both chambers have agreed to the same text.form of amendments, until both chambers have agreed to the same text.
compromise is reached but in the formal parliamentary steps taken after the principal negotiators have agreed to a compromise is reached but in the formal parliamentary steps taken after the principal negotiators have agreed to a
compromise. After each chamber has passed its version of the legislation—or in some cases even before that stage—compromise. After each chamber has passed its version of the legislation—or in some cases even before that stage—
Senators, Representatives, and staff from the relevant committees of jurisdiction engage in policy discussions in an effort to Senators, Representatives, and staff from the relevant committees of jurisdiction engage in policy discussions in an effort to
craft compromise legislation that can pass both chambers. These informal meetings and conversations are sometimes referred craft compromise legislation that can pass both chambers. These informal meetings and conversations are sometimes referred
to colloquially as to colloquially as
subject to the same procedures as conference reports. For example, some of the limitations on the content of conference subject to the same procedures as conference reports. For example, some of the limitations on the content of conference
committee reports do not apply to amendment exchange. Furthermore, amendment exchange provides alternative committee reports do not apply to amendment exchange. Furthermore, amendment exchange provides alternative
opportunities to structure decisions, because the policy compromise can be voted on as separate amendments between the opportunities to structure decisions, because the policy compromise can be voted on as separate amendments between the
houses instead of as a single legislative package. In addition, in the Senate, House amendments are privileged, and therefore houses instead of as a single legislative package. In addition, in the Senate, House amendments are privileged, and therefore
their consideration typically begins immediately after the majority leader asks the presiding officer to lay them before the their consideration typically begins immediately after the majority leader asks the presiding officer to lay them before the
Senate. In contrast, to begin consideration of a bill or resolution, the majority leader must either obtain unanimous consent or Senate. In contrast, to begin consideration of a bill or resolution, the majority leader must either obtain unanimous consent or
make a motion to proceed to the measure, which is debatable in most circumstancesmake a motion to proceed to the measure, which is debatable in most circumstances and therefore requires a cloture process if opposed. Furthermore, in the House, . Furthermore, in the House,
consideration of Senate amendments is unlikely to include an opportunity for a Member of the minority party to offer a consideration of Senate amendments is unlikely to include an opportunity for a Member of the minority party to offer a
motion to recommit, an opportunity that is generally assured on initial consideration of a bill or joint resolution.motion to recommit, an opportunity that is generally assured on initial consideration of a bill or joint resolution.
concur, (2) to concur with an amendment, or (3) to disagree. There is a limit to the number of times each house can propose concur, (2) to concur with an amendment, or (3) to disagree. There is a limit to the number of times each house can propose
amendment(s) and send the measure back to the other house, but in both chambers the limitation can be waived. In the amendment(s) and send the measure back to the other house, but in both chambers the limitation can be waived. In the
contemporary House, Senate amendments are typically disposed of through a special rule reported by the Committee on contemporary House, Senate amendments are typically disposed of through a special rule reported by the Committee on
Rules, a motion to suspend the rules, or by unanimous consent. In the Senate, absent unanimous consent, a cloture process Rules, a motion to suspend the rules, or by unanimous consent. In the Senate, absent unanimous consent, a cloture process
could be necessary to bring the Senate to a vote on the disposition of House amendments. Because House amendments, could be necessary to bring the Senate to a vote on the disposition of House amendments. Because House amendments,
unlike conference reports, are subject to amendment, the Senate majority leader might offer a motion to dispose of the House unlike conference reports, are subject to amendment, the Senate majority leader might offer a motion to dispose of the House
amendment and then amendment and then
House amendment.House amendment.
Introduction
Congress relies on two formal means of resolving differences on House and Senate versions of Congress relies on two formal means of resolving differences on House and Senate versions oflegislation: conference committees and amendments between the houses. Conference committees legislation: conference committees and amendments between the houses. Conference committees
can be created by the House and Senate after each chamber has disagreed to the position of the can be created by the House and Senate after each chamber has disagreed to the position of the
other. The House and Senate presiding officers then each appoint conferees, largely drawn from other. The House and Senate presiding officers then each appoint conferees, largely drawn from
the committees with jurisdiction over the bill, to represent the chamber in conference committee the committees with jurisdiction over the bill, to represent the chamber in conference committee
negotiations. Conference committees develop and present compromise legislation, in the form of negotiations. Conference committees develop and present compromise legislation, in the form of
a conference report, for approval in each chamber.a conference report, for approval in each chamber.
between the chambers are likely to be greater. The process of exchanging amendments between between the chambers are likely to be greater. The process of exchanging amendments between
the houses is often used when differences between the chambers are comparatively small, the houses is often used when differences between the chambers are comparatively small,
although the chambers use it to resolve their differences on major legislation as well. In recent although the chambers use it to resolve their differences on major legislation as well. In recent
Congresses, the use of conference committees to resolve differences has decreased.Congresses, the use of conference committees to resolve differences has decreased.
|
Senators and Representatives and their staffs negotiate policy compromises through informal discussions; the difference between a conference committee and an amendment exchange is in the formal parliamentary steps taken to present and approve these compromises. |
chambers generally arrive at a resolution of the substantive differences between House and Senate chambers generally arrive at a resolution of the substantive differences between House and Senate
versions of a measure through informal, bicameral discussions that might resemble conference versions of a measure through informal, bicameral discussions that might resemble conference
committee negotiations even though neither committee negotiations even though neither
conferees have been formally appointed, in a conferees have been formally appointed, in a
conference report. The difference between amendments between the houses and a conference conference report. The difference between amendments between the houses and a conference
committee is not necessarily in the way a policy compromise is reached but in the formal committee is not necessarily in the way a policy compromise is reached but in the formal
parliamentary steps taken after the principal negotiators have agreed to a compromise.parliamentary steps taken after the principal negotiators have agreed to a compromise.
amendments between the houses, and to discuss the procedural effects of resolving differences amendments between the houses, and to discuss the procedural effects of resolving differences
through this process as an alternative to a conference committee. Throughout the report, the through this process as an alternative to a conference committee. Throughout the report, the
phrase phrase
of of
each stage of the amendment exchange process, first for the Senate and then for the House. For each stage of the amendment exchange process, first for the Senate and then for the House. For
each chamber, key procedural differences between amendments between the houses and each chamber, key procedural differences between amendments between the houses and
conference committee are also discussed and then listed inconference committee are also discussed and then listed in Table 1 (Senate) (Senate)
The answers to frequently asked questions are highlighted throughout the report in separate, The answers to frequently asked questions are highlighted throughout the report in separate,
shaded text boxes. The final section of the report describes a particularly complicated case of shaded text boxes. The final section of the report describes a particularly complicated case of
amendment exchange from the amendment exchange from the
might take.might take.3 Resolving Legislative Differences: A Brief Overview
The House and Senate must agree to the same legislative language in the same legislative vehicle The House and Senate must agree to the same legislative language in the same legislative vehicle
before the bill can be presented to the President. The same legislative vehicle means the same before the bill can be presented to the President. The same legislative vehicle means the same
numbered bill or resolution; lawmaking measures that originate in the Senate carry the numbered bill or resolution; lawmaking measures that originate in the Senate carry the
designation S. (bill) or S.J.Res. (joint resolution); measures that originate in the House are designation S. (bill) or S.J.Res. (joint resolution); measures that originate in the House are
designated H.R. (bill) or H.J.Res. (joint resolution).designated H.R. (bill) or H.J.Res. (joint resolution).
Senate or House designation, is sent to the President. After one chamber passes a bill, it sends it Senate or House designation, is sent to the President. After one chamber passes a bill, it sends it
to the other chamber. The receiving chamber then typically refers the measure to committee in the to the other chamber. The receiving chamber then typically refers the measure to committee in the
same way that measures introduced in that chamber are referred.same way that measures introduced in that chamber are referred.
in each Congress many measures are approved only by the originating chamber. In order for a in each Congress many measures are approved only by the originating chamber. In order for a
measure to become law, however, the House and Senate must pass the same vehicle with the same measure to become law, however, the House and Senate must pass the same vehicle with the same
text. If one chamber passes a bill and the other chamber agrees to it without amendment, then the text. If one chamber passes a bill and the other chamber agrees to it without amendment, then the
legislative process is complete, and the bill is sent to the President. This is extremely common; legislative process is complete, and the bill is sent to the President. This is extremely common;
more than three-quarters of all legislation that became law in recent Congresses passed the more than three-quarters of all legislation that became law in recent Congresses passed the
second-acting chamber without amendment. Many of these measures that pass this way are second-acting chamber without amendment. Many of these measures that pass this way are
salient to relatively few Members of Congress, such as bills naming post offices or other federal salient to relatively few Members of Congress, such as bills naming post offices or other federal
buildings. When major legislation is passed without amendment by the second-acting chamber, it buildings. When major legislation is passed without amendment by the second-acting chamber, it
usually reflects extensive negotiations between the chambers prior to the passage of the bill in usually reflects extensive negotiations between the chambers prior to the passage of the bill in
either chamber. In other words, interested Members from the relevant committees and their staff either chamber. In other words, interested Members from the relevant committees and their staff
consult beforehand to ensure that the bill that passes the first-acting chamber will be acceptable, consult beforehand to ensure that the bill that passes the first-acting chamber will be acceptable,
without change, to the second-acting chamber.without change, to the second-acting chamber.
In addition, on major policy topics, it is common for both the House and Senate to initiate In addition, on major policy topics, it is common for both the House and Senate to initiate
legislation, such that there is often both a Senate bill (S.___) and a House bill (H.R.___) legislation, such that there is often both a Senate bill (S.___) and a House bill (H.R.___)
introduced on a topic. The requirement that the House and Senate act on the same bill with the introduced on a topic. The requirement that the House and Senate act on the same bill with the
identical text means that in this situation the House and Senate must (1) select a single measure—identical text means that in this situation the House and Senate must (1) select a single measure—
either the House or Senate bill—on which they will both act; and (2) agree on the same legislative either the House or Senate bill—on which they will both act; and (2) agree on the same legislative
language.language.
Select a Measure
The selection of the measure, or identifying which bill Congress will send to the President, does The selection of the measure, or identifying which bill Congress will send to the President, does
not restrict either chamber from acting on its preferred legislative language. More specifically, not restrict either chamber from acting on its preferred legislative language. More specifically,
whether the chambers select an whether the chambers select an
resolve differences will not necessarily affect what policy proposals a chamber considers on the resolve differences will not necessarily affect what policy proposals a chamber considers on the
floor. Both the House and Senate can amend the legislation sent by the other chamber, and they floor. Both the House and Senate can amend the legislation sent by the other chamber, and they
can amend it in its entirety.can amend it in its entirety.
passes a chamber first and is sent to the other chamber is normally the bill that is selected as the passes a chamber first and is sent to the other chamber is normally the bill that is selected as the
revenue provisions originate in the House. The House interprets this to include all appropriations revenue provisions originate in the House. The House interprets this to include all appropriations
measures as well, and the Senate generally defers to the House on this issue because it does not measures as well, and the Senate generally defers to the House on this issue because it does not
affect the Senateaffect the Senate
revenues or providing for appropriations that are sent to the President will carry a House bill revenues or providing for appropriations that are sent to the President will carry a House bill
number (H.R. or H.J. Res.).number (H.R. or H.J. Res.).
to act before beginning its own work on a major policy initiative. Typically, the committees of to act before beginning its own work on a major policy initiative. Typically, the committees of
jurisdiction from both chambers will consider legislation regardless of what action is taking place jurisdiction from both chambers will consider legislation regardless of what action is taking place
on similar topics in the other chamber. At some point, however, the chambers must select one bill on similar topics in the other chamber. At some point, however, the chambers must select one bill
to be the vehicle that is sent to the President. The selection of the vehicle is either done at the start to be the vehicle that is sent to the President. The selection of the vehicle is either done at the start
of floor consideration or at the very end. It can only be done at the beginning if one of the of floor consideration or at the very end. It can only be done at the beginning if one of the
chambers has already passed a bill on the subject, in which case the other chamber might choose chambers has already passed a bill on the subject, in which case the other chamber might choose
to take up that bill on the floor instead of legislation crafted by its own committee. Usually, in this to take up that bill on the floor instead of legislation crafted by its own committee. Usually, in this
situation, a full-text substitute amendment, representing the work of the committee of jurisdiction, situation, a full-text substitute amendment, representing the work of the committee of jurisdiction,
is presented at the outset of consideration and is effectively treated as the text for further is presented at the outset of consideration and is effectively treated as the text for further
amendment by the chamber.amendment by the chamber.
committee. At the conclusion of floor consideration of its own bill, the chamber can take up the committee. At the conclusion of floor consideration of its own bill, the chamber can take up the
companion bill passed by the other chamber, strike all of the text after the enacting clause, and companion bill passed by the other chamber, strike all of the text after the enacting clause, and
insert the text of the bill it originated.insert the text of the bill it originated.
requirement: selecting the same bill on which to act. The second step, agreeing to the same requirement: selecting the same bill on which to act. The second step, agreeing to the same
legislative language, is generally more challenging.legislative language, is generally more challenging.
Agree on Same Legislative Language
If one chamber considers a bill from the other chamber and amends it before passing it, the House If one chamber considers a bill from the other chamber and amends it before passing it, the House
and Senate have acted on the same measure, but they have not agreed to the same text. The and Senate have acted on the same measure, but they have not agreed to the same text. The
chambers can resolve their differences over the text either (1) through an amendment exchange, chambers can resolve their differences over the text either (1) through an amendment exchange,
when the chambers shuttle the bill and amendments back and forth between them proposing when the chambers shuttle the bill and amendments back and forth between them proposing
alternatives in hopes that both houses will eventually agree on the same language; or (2) through alternatives in hopes that both houses will eventually agree on the same language; or (2) through
a conference committee, a panel of Members from each chamber that meets to resolve the a conference committee, a panel of Members from each chamber that meets to resolve the
differences between the bill and the amendment(s) proposed by the second-acting chamber. differences between the bill and the amendment(s) proposed by the second-acting chamber.
Occasionally, Congress uses both methods to resolve differences on a measure if it first attempts Occasionally, Congress uses both methods to resolve differences on a measure if it first attempts
subject is the formal parliamentary steps and options associated with an exchange of amendments subject is the formal parliamentary steps and options associated with an exchange of amendments
between the chambers.between the chambers.
change when the chamber reaches what is known as change when the chamber reaches what is known as
enters the stage of disagreement by formally agreeing to a motion or a unanimous consent request enters the stage of disagreement by formally agreeing to a motion or a unanimous consent request
that it disagrees to the position of the other chamber, or that it insists on its own position. When that it disagrees to the position of the other chamber, or that it insists on its own position. When
both chambers reach the stage of disagreement, they usually form a conference committee. This both chambers reach the stage of disagreement, they usually form a conference committee. This
report almost exclusively addresses the procedures available prior to the stage of disagreementreport almost exclusively addresses the procedures available prior to the stage of disagreement.1010
Senate Consideration of House Amendments
When the House amends a bill that has already passed the Senate, it sends the bill and its When the House amends a bill that has already passed the Senate, it sends the bill and its
amendment(s) back to the Senate accompanied by a written document that describes what is amendment(s) back to the Senate accompanied by a written document that describes what is
being transmitted. This document is a message to the Senate, and sometimes the Senate uses the being transmitted. This document is a message to the Senate, and sometimes the Senate uses the
term term message to refer to the amendment(s) received from the House. The Senate will generally to refer to the amendment(s) received from the House. The Senate will generally
hold House amendments at the desk for action by the full Senate, rather than refer them to hold House amendments at the desk for action by the full Senate, rather than refer them to
committee. Nothing in Senate rules requires that the Senate consider the House amendments it committee. Nothing in Senate rules requires that the Senate consider the House amendments it
receives. However, if the Senate wishes to act further on that particular bill or resolution, it must receives. However, if the Senate wishes to act further on that particular bill or resolution, it must
take some action on the House amendments.take some action on the House amendments.
Laying House Amendments Before the Senate
By long-standing custom, the majority leader usually makes motions and requests affecting the By long-standing custom, the majority leader usually makes motions and requests affecting the
agenda of the Senate, including those concerning House amendments. Under Senate Rule VII, agenda of the Senate, including those concerning House amendments. Under Senate Rule VII,
paragraph 3, House amendments are paragraph 3, House amendments are
that a Senator can request that the presiding officer lay the amendments before the Senate.that a Senator can request that the presiding officer lay the amendments before the Senate.
before the Senate in the following way:before the Senate in the following way:11
on the bill S.____, with the amendment(s) of the House thereto.on the bill S.____, with the amendment(s) of the House thereto.
Presiding Officer: The Chair lays before the Senate the amendment(s) of the House of Presiding Officer: The Chair lays before the Senate the amendment(s) of the House of
makes a motion to dispose of the amendment(s).makes a motion to dispose of the amendment(s).
lay the House message before the Senate by objecting to lay the House message before the Senate by objecting to
legislative proposal to the Senate in the form of a House amendment, instead of as a House bill. legislative proposal to the Senate in the form of a House amendment, instead of as a House bill.
House amendments, unlike House bills, can be called up in the Senate without debate. To be House amendments, unlike House bills, can be called up in the Senate without debate. To be
clear, it is only the question of clear, it is only the question of whether to consider the House amendment that is not subject to the House amendment that is not subject to
debate; the question of debate; the question of how to dispose of the House amendment is debatable under the regular of the House amendment is debatable under the regular
rules of the Senate.rules of the Senate.
because the Senate then needs to end debate only on the main question (or questions). To bring because the Senate then needs to end debate only on the main question (or questions). To bring
debate on a question to a close, the Senate may need to invoke cloture, and the process for doing debate on a question to a close, the Senate may need to invoke cloture, and the process for doing
so can be time-consuming. Most cloture motions are not voted on until two days of session after so can be time-consuming. Most cloture motions are not voted on until two days of session after
being filed. If cloture is successfully invoked by a vote of three-fifths of the Senate duly chosen being filed. If cloture is successfully invoked by a vote of three-fifths of the Senate duly chosen
and sworn (60 Senators if there is no more than one vacancy), then consideration of the question and sworn (60 Senators if there is no more than one vacancy), then consideration of the question
can continue for up to an additional 30 hours.can continue for up to an additional 30 hours.
Senate might need to go through this cloture process twice: once on the motion to proceed to the Senate might need to go through this cloture process twice: once on the motion to proceed to the
bill, and a second time on the bill itself. If the same legislative proposal is called up as a House bill, and a second time on the bill itself. If the same legislative proposal is called up as a House
amendment, then those in favor of moving forward on the matter can do so more quickly because amendment, then those in favor of moving forward on the matter can do so more quickly because
cloture would need to be invoked, if at all, only on the question of disposing of the House cloture would need to be invoked, if at all, only on the question of disposing of the House
amendment.amendment.15
Motions in the Senate to Dispose of House Amendments
Once the House amendment(s) are before the Senate, several motions are in order.Once the House amendment(s) are before the Senate, several motions are in order.
choices before the Senate are to reject the House amendment and return it to the House, propose a choices before the Senate are to reject the House amendment and return it to the House, propose a
change to the House amendment(s), or agree to the House amendment(s). More formally, the four change to the House amendment(s), or agree to the House amendment(s). More formally, the four
already disagreed to an amendment of the other chamber or insisted on its own amendment—then already disagreed to an amendment of the other chamber or insisted on its own amendment—then
a fifth motion, to recede, might be considered. The motion to recede, however, is rarely offered in a fifth motion, to recede, might be considered. The motion to recede, however, is rarely offered in
the modern Senate.the modern Senate.
amendment, and to bring the chambers closer to agreement. The Senate could, for example:amendment, and to bring the chambers closer to agreement. The Senate could, for example:
amendment and instead agree to it);amendment and instead agree to it);
exchange by proposing a new alternative); orexchange by proposing a new alternative); or
amendment with a different amendment(s) in order to continue the amendment amendment with a different amendment(s) in order to continue the amendment
exchange.exchange.
the table.the table.
disagreement.disagreement.
whether the House has proposed a single full substitute for the Senate proposal or a series of whether the House has proposed a single full substitute for the Senate proposal or a series of
separate amendments to individual provisions.separate amendments to individual provisions.
Disposing of a Single House Amendment in the Nature of a Substitute
strikes all after the enacting clause (the first line of every bill that states strikes all after the enacting clause (the first line of every bill that states
the House and Senatethe House and Senate
alternative for a bill is formally called an alternative for a bill is formally called an
amendments between the chambers also tend to propose replacing the last-proposed text in its amendments between the chambers also tend to propose replacing the last-proposed text in its
dispose of it.dispose of it.
negotiations between the chambers. In this situation, the majority leader is likely to propose that negotiations between the chambers. In this situation, the majority leader is likely to propose that
the Senate agree to the House amendment without changes, and he will do this by making a the Senate agree to the House amendment without changes, and he will do this by making a
motion to concur. He is proposing that the Senate agree to the House text because that text is the . He is proposing that the Senate agree to the House text because that text is the
negotiated compromise.negotiated compromise.
the House version of the legislation, then the majority leader might make a the House version of the legislation, then the majority leader might make a motion to disagree. In . In
the contemporary Congress, when the Senate formally disagrees to a House complete substitute the contemporary Congress, when the Senate formally disagrees to a House complete substitute
amendment it almost always immediately requests that a conference committee be created to amendment it almost always immediately requests that a conference committee be created to
negotiate the differences. If a conference is not desired, and the Senate wishes to reject the House negotiate the differences. If a conference is not desired, and the Senate wishes to reject the House
amendment, then the majority leader is more likely to propose simply that the House amendment amendment, then the majority leader is more likely to propose simply that the House amendment
be be laid on the table. This motion is not debatable; once made, the Senate votes on it immediately. . This motion is not debatable; once made, the Senate votes on it immediately.
Unlike the other options, including arranging for a conference, it will not be necessary to secure Unlike the other options, including arranging for a conference, it will not be necessary to secure
the support of three-fifths of the Senate at any point to take this action. Tabling a House the support of three-fifths of the Senate at any point to take this action. Tabling a House
amendment has the effect of returning the papers to the House, just as agreeing to the motion to amendment has the effect of returning the papers to the House, just as agreeing to the motion to
disagree would. In fact, when the Senate tables a House amendment, what is transmitted to the disagree would. In fact, when the Senate tables a House amendment, what is transmitted to the
House is a message that the Senate has disagreed to the House amendment. The leader might House is a message that the Senate has disagreed to the House amendment. The leader might
choose to move to table the House amendment, instead of moving that the Senate disagree to the choose to move to table the House amendment, instead of moving that the Senate disagree to the
House amendment, because the motion to table would be voted on immediately, while the motion House amendment, because the motion to table would be voted on immediately, while the motion
to disagree could require a cloture process.to disagree could require a cloture process.
with a further amendment. That further amendment might be the result of bicameral negotiations. That further amendment might be the result of bicameral negotiations.
In other words, sometimes when the Senate agrees to a substitute amendment to a House In other words, sometimes when the Senate agrees to a substitute amendment to a House
amendment, the Senate substitute amendment is the bicameral compromise. (The Senate could amendment, the Senate substitute amendment is the bicameral compromise. (The Senate could
also agree to a motion to concur in the House amendment with several distinct Senate also agree to a motion to concur in the House amendment with several distinct Senate
amendments to the text, instead of a full-text substitute amendment. The Senate has not chosen amendments to the text, instead of a full-text substitute amendment. The Senate has not chosen
this option in recent Congresses.)this option in recent Congresses.)
under Senate rules to be read out loud by the clerk at the time they are offered. The reading is under Senate rules to be read out loud by the clerk at the time they are offered. The reading is
usually waived by unanimous consent and under certain circumstances may be waived by usually waived by unanimous consent and under certain circumstances may be waived by
motion.motion.
Senate, because there is a limit to the number of times the chambers can propose amendments as Senate, because there is a limit to the number of times the chambers can propose amendments as
they shuttle the bill back and forth. Under House and Senate precedents, the amendment of the they shuttle the bill back and forth. Under House and Senate precedents, the amendment of the
chamber that acts second on the bill is the text that is subject to amendment in two degrees. Thus, chamber that acts second on the bill is the text that is subject to amendment in two degrees. Thus,
if the Senate passes a bill, and the House amends it, there can be one further Senate amendment if the Senate passes a bill, and the House amends it, there can be one further Senate amendment
and then one further House amendment to that. Another way to think of this is that there can be a and then one further House amendment to that. Another way to think of this is that there can be a
total of four versions: (1) the original bill, (2) the first amendment of the other chamber, (3) the total of four versions: (1) the original bill, (2) the first amendment of the other chamber, (3) the
amendment of the chamber that originated the bill, and (4) the second amendment of the other amendment of the chamber that originated the bill, and (4) the second amendment of the other
House and Senate precedents allow only two degrees of amendment, or four "rounds" of amendment exchange:
- The bill
- The amendment(s) of the chamber that did not originate the bill
- The amendment(s) of the originating chamber to the amendment(s) of the other chamber (first degree)
- The amendments(s) of the other chamber to the amendments of the originating chamber (second degree)
In the House, these limitations can be waived by special rule, suspension of the rules, or unanimous consent. In the Senate, these limitations can be waived by unanimous consent, and they do not apply if the House has already extended the amendment exchange to the third degree.
This limitation on the number of rounds ofHouse has already extended the number of rounds House has already extended the number of rounds
made, it is in order for a Senator to offer an amendment to the motion. The amendment is made, it is in order for a Senator to offer an amendment to the motion. The amendment is
considered to be an amendment in the second degree to the amendment proposed in the original considered to be an amendment in the second degree to the amendment proposed in the original
motion to concur. This second-degree amendment is not a motion to concur. This second-degree amendment is not a
is a Senate floor amendment proposed to a Senate amendment to a House amendment. The Senate is a Senate floor amendment proposed to a Senate amendment to a House amendment. The Senate
might agree to several floor amendments to the Senate amendment to the House amendment. might agree to several floor amendments to the Senate amendment to the House amendment.
When floor consideration is complete, however, the Senate will vote on the motion to concur with When floor consideration is complete, however, the Senate will vote on the motion to concur with
an amendment as it may have been amended. If the Senate agrees to the motion, it then sends to an amendment as it may have been amended. If the Senate agrees to the motion, it then sends to
the House a single Senate amendment that incorporates all the changes to it that were agreed to the House a single Senate amendment that incorporates all the changes to it that were agreed to
by the Senate during floor consideration of the motion.by the Senate during floor consideration of the motion.
Disposing of Multiple House Amendments
Senate must consider House amendments in the order that they affect the Senate text.Senate must consider House amendments in the order that they affect the Senate text.
Senate must act on each House amendment, and for this purpose the same four motions identified Senate must act on each House amendment, and for this purpose the same four motions identified
above are in order.above are in order.
House amendments—as long as the Senate is agreeing to dispose of them all in the same way.House amendments—as long as the Senate is agreeing to dispose of them all in the same way.
could make a single, debatable motion to concur in both of the House amendments. If he wished could make a single, debatable motion to concur in both of the House amendments. If he wished
to propose that the Senate concur in one amendment and disagree to the other, however, then it to propose that the Senate concur in one amendment and disagree to the other, however, then it
would be necessary to make two separate, debatable motions. Under Senate Rule XXII, cloture would be necessary to make two separate, debatable motions. Under Senate Rule XXII, cloture
can only be filed on a pending question. As a result, it might be necessary for the majority leader can only be filed on a pending question. As a result, it might be necessary for the majority leader
to file cloture multiple times (that is, separate efforts in relation to each of several House to file cloture multiple times (that is, separate efforts in relation to each of several House
amendments).amendments).
|
Amendments between the houses are discrete proposals; if one chamber sends multiple amendments to the other, one vote on all of them is not required. |
amendment separately, the Senate will not cast a final vote amendment separately, the Senate will not cast a final vote
Senate at this stage of the legislative process has already passed the bill. It does not vote again on Senate at this stage of the legislative process has already passed the bill. It does not vote again on
the bill but only on any remaining matters in disagreement, which in this situation are the House the bill but only on any remaining matters in disagreement, which in this situation are the House
amendments.amendments.
Senate must dispose of multiple House amendments. One additional restriction might arise when Senate must dispose of multiple House amendments. One additional restriction might arise when
the Senate is considering a House amendment that is not a full-text substitute. The Senate cannot the Senate is considering a House amendment that is not a full-text substitute. The Senate cannot
change text that both chambers have agreed to.change text that both chambers have agreed to.
three titles, and the House messaged to the Senate two amendments—one that replaced Title 1 three titles, and the House messaged to the Senate two amendments—one that replaced Title 1
and one that replaced Title 3—then the two chambers have technically both agreed to Title 2. The and one that replaced Title 3—then the two chambers have technically both agreed to Title 2. The
House, after all, House, after all, concurred in the Senate bill with amendments. The Senate could, in this in the Senate bill with amendments. The Senate could, in this
situation, consider a further amendment to the House amendment to Title 1 or to Title 3, but it situation, consider a further amendment to the House amendment to Title 1 or to Title 3, but it
could not entertain motions concerning Title 2. The prohibition against amending text both could not entertain motions concerning Title 2. The prohibition against amending text both
chambers have agreed to can complicate changing long titles of bills in the Senate; if the House chambers have agreed to can complicate changing long titles of bills in the Senate; if the House
and Senate both passed a bill and agreed to the same long title, it would take unanimous consent and Senate both passed a bill and agreed to the same long title, it would take unanimous consent
in the Senate to agree to a House amendment to the title.in the Senate to agree to a House amendment to the title.25 "
Very often, particularly in situations when the procedures have the potential to become Very often, particularly in situations when the procedures have the potential to become
complicated, the Senate considers House amendments under the terms of a unanimous consent complicated, the Senate considers House amendments under the terms of a unanimous consent
agreement. Under these agreements, all Senators agree to set aside the regular rules in favor of an agreement. Under these agreements, all Senators agree to set aside the regular rules in favor of an
arrangement that can specify exactly what motions and amendments will be offered and by arrangement that can specify exactly what motions and amendments will be offered and by
whom, as well as when votes are likely to occur.whom, as well as when votes are likely to occur.
pending at one time to dispose of a single House amendment. This situation becomes possible pending at one time to dispose of a single House amendment. This situation becomes possible
through the operation of through the operation of precedence. A motion can be understood to have precedence over . A motion can be understood to have precedence over
available motions, in order of precedence, are to concur with an amendment, to concur, and to available motions, in order of precedence, are to concur with an amendment, to concur, and to
disagree. Thus, with a motion to disagree pending, a motion to concur and a motion to concur disagree. Thus, with a motion to disagree pending, a motion to concur and a motion to concur
with an amendment could be offered and would be voted on first. In addition, any motion to with an amendment could be offered and would be voted on first. In addition, any motion to
concur with an amendment is itself subject to amendment.concur with an amendment is itself subject to amendment.
until the Senate disposed of the motion to concur with an until the Senate disposed of the motion to concur with an
amendment.amendment.
the available motions to dispose of a House amendment. This process has been referred to as the available motions to dispose of a House amendment. This process has been referred to as
motions available in a particular parliamentary situation—is that no Senator can propose an motions available in a particular parliamentary situation—is that no Senator can propose an
alternative method of acting on the House amendments until the Senate disposes of (or lays aside alternative method of acting on the House amendments until the Senate disposes of (or lays aside
by unanimous consent) one of the pending motions.by unanimous consent) one of the pending motions.
therefore, bring the Senate any closer to final disposition of the House amendments. If, however, therefore, bring the Senate any closer to final disposition of the House amendments. If, however,
the majority leader can build a coalition of at least 60 Senators (assuming no more than one the majority leader can build a coalition of at least 60 Senators (assuming no more than one
vacancy in the Senate) in order to invoke cloture, then he can fill the tree to block other Senators vacancy in the Senate) in order to invoke cloture, then he can fill the tree to block other Senators
from proposing other ways of disposing of House amendments, including perhaps the opportunity from proposing other ways of disposing of House amendments, including perhaps the opportunity
to propose Senate amendments to the House amendments prior to Senate disposition of the House to propose Senate amendments to the House amendments prior to Senate disposition of the House
amendments.amendments.
Motions Necessary to
of a House amendment is offered first. Typically, the first motion that is offered by the majority of a House amendment is offered first. Typically, the first motion that is offered by the majority
leader is the one he wants the Senate to approve. If, for example, the majority leader wishes to leader is the one he wants the Senate to approve. If, for example, the majority leader wishes to
propose that the Senate agree to a House amendment with changes that resulted from bicameral propose that the Senate agree to a House amendment with changes that resulted from bicameral
negotiations, the first motion he might offer is the negotiations, the first motion he might offer is the motion to concur with an amendment. This . This
motion has the highest precedence of the three motions to dispose of House amendments, but it is motion has the highest precedence of the three motions to dispose of House amendments, but it is
subject to amendment. To prevent other Senators from offering amendments, the majority leader subject to amendment. To prevent other Senators from offering amendments, the majority leader
could offer a perfecting amendment to the amendment proposed in the motion to concur. This could offer a perfecting amendment to the amendment proposed in the motion to concur. This
second-degree perfecting amendment could be any amendment that proposed to insert text, strike second-degree perfecting amendment could be any amendment that proposed to insert text, strike
text, or replace a portion of the text of the amendment. Often, the majority leader proposes an text, or replace a portion of the text of the amendment. Often, the majority leader proposes an
amendment with minimal impact, such as changing the enactment date of the legislation by one amendment with minimal impact, such as changing the enactment date of the legislation by one
day.day.
because the language of the House amendment actually reflects a negotiated bicameral because the language of the House amendment actually reflects a negotiated bicameral
compromise, then the compromise, then the motion to concur must be offered first. In recent Congresses, the majority must be offered first. In recent Congresses, the majority
leader has typically offered three motions to fill this tree: (1) the motion to concur in the House leader has typically offered three motions to fill this tree: (1) the motion to concur in the House
amendment; (2) the motion to concur in the House amendment with an amendment (a motion that amendment; (2) the motion to concur in the House amendment with an amendment (a motion that
would be in order with the straight motion to concur pending); and (3) a perfecting amendment to would be in order with the straight motion to concur pending); and (3) a perfecting amendment to
the amendment proposed in the motion to concur. Similarly, if the majority leader proposes that the amendment proposed in the motion to concur. Similarly, if the majority leader proposes that
concur with an amendment and a perfecting amendment to that.concur with an amendment and a perfecting amendment to that.
motion to refer the House amendments to a Senate committee.motion to refer the House amendments to a Senate committee.
instructions to the committee, but these instructions are not binding. For example, a Senator could instructions to the committee, but these instructions are not binding. For example, a Senator could
propose that the House amendments be referred to a committee for further examination of a propose that the House amendments be referred to a committee for further examination of a
specific subject. If the motion to refer with instructions were agreed to, however, the committee specific subject. If the motion to refer with instructions were agreed to, however, the committee
would have the authority to decide what further action, if any, it would take. The motion to refer would have the authority to decide what further action, if any, it would take. The motion to refer
with instructions does provide a potential opportunity for Senators to bring a policy subject before with instructions does provide a potential opportunity for Senators to bring a policy subject before
the Senate. The majority leader could choose to offer all the available motions to dispose of the the Senate. The majority leader could choose to offer all the available motions to dispose of the
House amendments, as well as a motion to refer with instructions (and amendments to the House amendments, as well as a motion to refer with instructions (and amendments to the
instructions) in order to preclude such opportunities.instructions) in order to preclude such opportunities.
all the available motions to dispose of a House amendment, files cloture, and then makes a all the available motions to dispose of a House amendment, files cloture, and then makes a
motion to proceed to something else, another Senator could not, at that time, make a motion to motion to proceed to something else, another Senator could not, at that time, make a motion to
refer because the Senate had moved on to another matter. A Senator can only make a motion to refer because the Senate had moved on to another matter. A Senator can only make a motion to
refer a matter that is before the Senate. Once cloture is invoked, any pending motion to refer refer a matter that is before the Senate. Once cloture is invoked, any pending motion to refer
would fall.would fall.
consideration of the motions it is not necessary to file cloture on each pending motion separately. consideration of the motions it is not necessary to file cloture on each pending motion separately.
Instead, the Senate needs only to invoke cloture on the motion of lowest precedence (which Instead, the Senate needs only to invoke cloture on the motion of lowest precedence (which
generally is the motion the majority leader is proposing the Senate approve). If the Senate agrees generally is the motion the majority leader is proposing the Senate approve). If the Senate agrees
to invoke cloture on a motion to disagree to the House amendments, then all other pending to invoke cloture on a motion to disagree to the House amendments, then all other pending
motions of a higher precedence fall.motions of a higher precedence fall.
motions of higher precedence first—would contradict the language of the cloture rule, which motions of higher precedence first—would contradict the language of the cloture rule, which
states that the question on which cloture is invoked shall be the business of the Senate states that the question on which cloture is invoked shall be the business of the Senate
exclusion of all other business until disposed ofexclusion of all other business until disposed of
concur with an amendment (and any pending amendment to that) remains pending.concur with an amendment (and any pending amendment to that) remains pending.
of the maximum 30 hours of debate, if all three motions were still pending, the votes would occur of the maximum 30 hours of debate, if all three motions were still pending, the votes would occur
first on the second-degree amendment to the motion to concur with an amendment, then on the first on the second-degree amendment to the motion to concur with an amendment, then on the
motion to concur with an amendment, and then on the motion to concur. If the motion to concur motion to concur with an amendment, and then on the motion to concur. If the motion to concur
with an amendment were agreed to, then the straight motion to concur would presumably then with an amendment were agreed to, then the straight motion to concur would presumably then
fall, since the Senate had already agreed to concur with an amendment. Because the motions fall, since the Senate had already agreed to concur with an amendment. Because the motions
offered to offered to
motions to dispose of the House amendments, then to preclude other Senators from proposing motions to dispose of the House amendments, then to preclude other Senators from proposing
alternative actions, he might fill the tree in relation to each motion and then must file cloture on alternative actions, he might fill the tree in relation to each motion and then must file cloture on
each motion separately. The process of considering House amendments therefore has the potential each motion separately. The process of considering House amendments therefore has the potential
to be time-consuming even if 60 Senators (assuming no more than one vacancy) are in favor of to be time-consuming even if 60 Senators (assuming no more than one vacancy) are in favor of
ending debate on every motion.ending debate on every motion.
Comparison of Amendment Exchange and Conference Committee
Procedures in the Senate
Consideration of a conference report and consideration of amendments between the houses are Consideration of a conference report and consideration of amendments between the houses are
similar in certain respects. Conference reports are called up without debate, and they cannot be similar in certain respects. Conference reports are called up without debate, and they cannot be
amended. House amendments are called up without debate, and if the majority leader then amended. House amendments are called up without debate, and if the majority leader then
the tree,the tree,
and House amendments are debatable under the regular rules of the Senate. This means that and House amendments are debatable under the regular rules of the Senate. This means that
regardless of the form in which the bicameral compromise is brought before the Senate, it might regardless of the form in which the bicameral compromise is brought before the Senate, it might
be necessary to secure the support of 60 Senators (assuming no more than one vacancy) to end be necessary to secure the support of 60 Senators (assuming no more than one vacancy) to end
debate and bring the Senate to a vote.debate and bring the Senate to a vote.
amendment exchange procedures (amendment exchange procedures (
action to initiate their creation. These actions are sometimes taken by unanimous consent, but an action to initiate their creation. These actions are sometimes taken by unanimous consent, but an
expedited cloture process can be used if three-fifths of the Senate support the formation of a expedited cloture process can be used if three-fifths of the Senate support the formation of a
conference.conference.
to unanimous consent requests to take the actions necessary to send a bill to conference to unanimous consent requests to take the actions necessary to send a bill to conference
expeditiously. In some cases, Senate leadership responded to such objections by attempting to expeditiously. In some cases, Senate leadership responded to such objections by attempting to
resolve the bicameral differences through amendments between the houses instead of conference resolve the bicameral differences through amendments between the houses instead of conference
committee.committee.
reports with regard to their content.reports with regard to their content.
being considered as an amendment between the houses, the compromise might not be subject to being considered as an amendment between the houses, the compromise might not be subject to
points of order that it would have been subject to if presented as a conference report. For points of order that it would have been subject to if presented as a conference report. For
example, implicit in the rules of both chambers is the requirement that conferees resolve the example, implicit in the rules of both chambers is the requirement that conferees resolve the
differences committed to them by reaching agreements within what is known as differences committed to them by reaching agreements within what is known as
Senate allow matter in a conference report to be considered as within the scope of the differences Senate allow matter in a conference report to be considered as within the scope of the differences
as long as it is reasonably related to the matter sent to conference in either the House or Senate as long as it is reasonably related to the matter sent to conference in either the House or Senate
versions of the legislation. Senate Rule XXVIII restricting the content of a bicameral compromise versions of the legislation. Senate Rule XXVIII restricting the content of a bicameral compromise
does not apply to amendments between the houses. Furthermore, in the does not apply to amendments between the houses. Furthermore, in the
the inclusion of provisions not sufficiently related to the matter committed to conference. The the inclusion of provisions not sufficiently related to the matter committed to conference. The
opportunity for a separate vote in relation to matter potentially outside of scope does not exist opportunity for a separate vote in relation to matter potentially outside of scope does not exist
when considering a House amendment, because the scope requirement does not apply.when considering a House amendment, because the scope requirement does not apply.
Table 1. Senate Procedure: A Brief Comparison of Amendment Exchange and
Conference Committees Conference Report
at least once
Amendments between the houses are not subject to the same content restrictions as conference reports
Joint explanatory statements, which describe the positions of each chamber and the compromises reached, are required to accompany conference reports
Joint explanatory statements are not required for an amendment exchange, although sometimes similar documents are submitted for printing in the Congressional Record
No availability requirement for House amendments
Conference reports are not required to be read if they are available in the Senate
amendment must be read in full unless reading is amendment must be read in full unless reading is
Conference reports are privileged for consideration in the Senate, which means they can be called up without debate
can can
Senate, potentially necessitating separate Senate, potentially necessitating separate
consideration and disposition of each amendmentconsideration and disposition of each amendment
Note: This table briefly identifies some of the procedural differences between conference committee and This table briefly identifies some of the procedural differences between conference committee and
amendment exchange procedures in the Senate that are discussed more fully (and with references to relevant amendment exchange procedures in the Senate that are discussed more fully (and with references to relevant
standing rules, standing orders, and precedents) in the text of this report.standing rules, standing orders, and precedents) in the text of this report.
relevant committees of jurisdiction can be substantively similar regardless of whether the relevant committees of jurisdiction can be substantively similar regardless of whether the
resulting compromise is embodied in an amendment between the houses or a conference report. resulting compromise is embodied in an amendment between the houses or a conference report.
Only in cases in which a conference committee is appointed, however, will there be any formal Only in cases in which a conference committee is appointed, however, will there be any formal
meeting of the conference. The House has interpreted its rules to require at least one public meeting of the conference. The House has interpreted its rules to require at least one public
committee may hold no more than one formal public meeting where Senators and Representatives committee may hold no more than one formal public meeting where Senators and Representatives
typically make statements and perhaps discuss any major items in disagreement. In contrast, typically make statements and perhaps discuss any major items in disagreement. In contrast,
discussions that can result in a compromise presented as an amendment between the houses are discussions that can result in a compromise presented as an amendment between the houses are
never required to be public; in fact, unlike conference committees, the negotiators are never never required to be public; in fact, unlike conference committees, the negotiators are never
formally identified.formally identified.
two methods of resolving differences. Under Senate rules, every conference report must be two methods of resolving differences. Under Senate rules, every conference report must be
accompanied by a joint explanatory statement, often called the managersaccompanied by a joint explanatory statement, often called the managers
explains the position of each chamber and the recommendations of the conference committee on explains the position of each chamber and the recommendations of the conference committee on
the issues in disagreement (Senate Rule XXVIII, paragraph 7). The requirement to produce this the issues in disagreement (Senate Rule XXVIII, paragraph 7). The requirement to produce this
document does not apply in an amendment exchange, although sometimes committees prepare document does not apply in an amendment exchange, although sometimes committees prepare
text similar to a managerstext similar to a managers
majority of Senate conferees and a majority of House conferees must sign both the conference majority of Senate conferees and a majority of House conferees must sign both the conference
report and the joint explanatory statement. No such requirement applies to a compromise report and the joint explanatory statement. No such requirement applies to a compromise
considered as an amendment between the houses.considered as an amendment between the houses.
available to Members and the general public on a congressional, Library of Congress, or available to Members and the general public on a congressional, Library of Congress, or
Government Publishing Office website 48 hours before the vote on the report (Senate Rule Government Publishing Office website 48 hours before the vote on the report (Senate Rule
XXVIII, paragraph 10). This availability requirement can be waived by three-fifths of Senators XXVIII, paragraph 10). This availability requirement can be waived by three-fifths of Senators
duly chosen and sworn (60 Senators if there is no more than one vacancy). It can also be waived duly chosen and sworn (60 Senators if there is no more than one vacancy). It can also be waived
by joint agreement of the majority and minority leader in the case of a significant disruption to by joint agreement of the majority and minority leader in the case of a significant disruption to
Senate facilities or the availability of the Senate facilities or the availability of the
that a conference report must be that a conference report must be
consider it, a requirement that is usually met by the printing of the conference report in the consider it, a requirement that is usually met by the printing of the conference report in the
Congressional Record and its distribution. If the report is not yet printed in the and its distribution. If the report is not yet printed in the Congressional
Record, then a copy of the report itself is placed on Senators, then a copy of the report itself is placed on Senators
conference reports. Under a standing order of the Senate, conference reports are not required to conference reports. Under a standing order of the Senate, conference reports are not required to
be read if they are available in the Senate.be read if they are available in the Senate.
Senate precedents. If a Senator proposes the chamber concur in the House amendment with an Senate precedents. If a Senator proposes the chamber concur in the House amendment with an
amendment, however, then that further amendment is required to be read. The reading might be amendment, however, then that further amendment is required to be read. The reading might be
waived by unanimous consent. In addition, a standing order of the Senate making in order a waived by unanimous consent. In addition, a standing order of the Senate making in order a
nondebatable motion to waive the reading of an amendment available in the nondebatable motion to waive the reading of an amendment available in the Congressional
Record that was submitted at least 72 hours before the motion was made presumably applies to that was submitted at least 72 hours before the motion was made presumably applies to
amendments between the houses.amendments between the houses.
or disapproval of the conference report. In contrast, if the House sends multiple amendments to or disapproval of the conference report. In contrast, if the House sends multiple amendments to
the Senate, it will not necessarily be possible for the Senate to take a single action to resolve the Senate, it will not necessarily be possible for the Senate to take a single action to resolve
differences with the House.differences with the House.
decision on how to resolve differences between the chambers. Other differences between the two decision on how to resolve differences between the chambers. Other differences between the two
methods abound, and strategic decisions about how to resolve matters with the House take into methods abound, and strategic decisions about how to resolve matters with the House take into
account timing, the nature of policy disagreements, and the roles of likely negotiators, among account timing, the nature of policy disagreements, and the roles of likely negotiators, among
many other factors. For more information on the larger decisionmaking context, see CRS Report many other factors. For more information on the larger decisionmaking context, see CRS Report
RL34611, RL34611, Whither the Role of Conference Committees: An Analysis, by Walter J. Oleszek., by Walter J. Oleszek.
House Consideration of Senate Amendments
When the House receives amendments from the Senate, the amendments are usually held at the When the House receives amendments from the Senate, the amendments are usually held at the
amendments to the committee or committees of jurisdiction, but the Speaker is likely to do so amendments to the committee or committees of jurisdiction, but the Speaker is likely to do so
only if the Senate proposal is on a subject that has not already been considered by the House only if the Senate proposal is on a subject that has not already been considered by the House
committee of jurisdiction.committee of jurisdiction.
receives a Senate amendment(s) to the measure, it must agree to take some action on the receives a Senate amendment(s) to the measure, it must agree to take some action on the
amendment(s). Generally speaking, the options for action are the same as those that the Senate amendment(s). Generally speaking, the options for action are the same as those that the Senate
can take on House amendments: propose a change to the amendment(s), agree to the can take on House amendments: propose a change to the amendment(s), agree to the
amendment(s), or disagree to the amendment(s).amendment(s), or disagree to the amendment(s).
motion
already disagreed to an amendment of the other or insisted on its own position, then the House already disagreed to an amendment of the other or insisted on its own position, then the House
can also agree to a motion to recede from a position previously taken. For example, the House can also agree to a motion to recede from a position previously taken. For example, the House
can recede from its disagreement to a Senate amendment, or it can recede from its own can recede from its disagreement to a Senate amendment, or it can recede from its own
amendment that the Senate has disagreed to.amendment that the Senate has disagreed to.
forth applies to the House as well as the Senate. Essentially, after the second-acting chamber forth applies to the House as well as the Senate. Essentially, after the second-acting chamber
amends a bill initially passed by the other, that amendment can be amended in two degrees: once amends a bill initially passed by the other, that amendment can be amended in two degrees: once
more by the originating chamber and then once more by the second-acting chamber. A majority of more by the originating chamber and then once more by the second-acting chamber. A majority of
which means Members cannot interrupt the regular order of business to make motions for their which means Members cannot interrupt the regular order of business to make motions for their
disposition.disposition.
to Senate amendments are required to be germane. Typically, the House disposes of Senate to Senate amendments are required to be germane. Typically, the House disposes of Senate
amendments through one of the expedited processes described below: a special rule reported by amendments through one of the expedited processes described below: a special rule reported by
the Committee on Rules, a motion to suspend the rules, or by unanimous consent.the Committee on Rules, a motion to suspend the rules, or by unanimous consent.38
Rules Committee: Calling Up and Disposing of
Senate Amendments
A majority of the House can set the terms for consideration of a Senate amendment by agreeing to A majority of the House can set the terms for consideration of a Senate amendment by agreeing to
a privileged resolution reported by the Rules Committee.a privileged resolution reported by the Rules Committee.
special rule that makes it in order at any time to take up a Senate amendment and dispose of it, special rule that makes it in order at any time to take up a Senate amendment and dispose of it,
usually by agreeing either to a motion to concur or to a motion to concur with an amendment. The usually by agreeing either to a motion to concur or to a motion to concur with an amendment. The
rule would be required to lie over for one legislative day under House Rule XIII, clause 6(a), rule would be required to lie over for one legislative day under House Rule XIII, clause 6(a),
unless the House had previously adopted a waiver of this requirement (or the rule was adopted by unless the House had previously adopted a waiver of this requirement (or the rule was adopted by
a two-thirds majority).a two-thirds majority).
certain amount of time for debate of the motion, equally divided between a proponent and certain amount of time for debate of the motion, equally divided between a proponent and
opponent. Most of the time, the rule does not provide an opportunity for Members to offer opponent. Most of the time, the rule does not provide an opportunity for Members to offer
amendments to the Senate amendment on the floor. Any preferential or secondary motions, such amendments to the Senate amendment on the floor. Any preferential or secondary motions, such
as a motion to refer the Senate amendment, are also usually precluded. Typically, the House first as a motion to refer the Senate amendment, are also usually precluded. Typically, the House first
considers the special rule and then, if the rule is adopted, considers the motion to dispose of the considers the special rule and then, if the rule is adopted, considers the motion to dispose of the
Senate amendment.Senate amendment.
amendments, the Rules Committee might instead report a rule that provides that when the rule is amendments, the Rules Committee might instead report a rule that provides that when the rule is
agreed to, the motion to dispose of the Senate amendment also be considered agreed to. These agreed to, the motion to dispose of the Senate amendment also be considered agreed to. These
the formation of a conference committee.the formation of a conference committee.
explanatory statement, or statement of managers, which is required to accompany conference explanatory statement, or statement of managers, which is required to accompany conference
committee reports.committee reports.
provides the chair of the primary committee of jurisdiction the authority to submit for printing in provides the chair of the primary committee of jurisdiction the authority to submit for printing in
the the Congressional Record any statement explaining the content of the House amendment(s) to the any statement explaining the content of the House amendment(s) to the
Senate amendment. The inserted statement describes the content of the House amendments in Senate amendment. The inserted statement describes the content of the House amendments in
plain language and resembles a joint explanatory statement.plain language and resembles a joint explanatory statement.
the houses sometimes contains language giving the inserted statement the same effect on the the houses sometimes contains language giving the inserted statement the same effect on the
implementation of the law that a joint explanatory statement would have.implementation of the law that a joint explanatory statement would have.
not include the authority to insert the statement, the floor manager can request unanimous consent not include the authority to insert the statement, the floor manager can request unanimous consent
that it be printed in the that it be printed in the Record..
Motion to Recommit Usually Not Allowed
|
In contrast to the initial consideration of a bill or joint resolution, consideration of Senate amendments is unlikely to include an opportunity for a Member of the minority party to offer a motion to recommit. |
consideration of Senate amendments is unlikely to include an opportunity for a Member of the consideration of Senate amendments is unlikely to include an opportunity for a Member of the
minority party to offer a motion to recommit (or to commit, if the matter had not already been minority party to offer a motion to recommit (or to commit, if the matter had not already been
before the committee).before the committee).
rule, a Member of the minority party always has the opportunity to offer this motion. The Rules rule, a Member of the minority party always has the opportunity to offer this motion. The Rules
Committee is prevented by House Rule XIII, clause 6, from reporting a special rule that would Committee is prevented by House Rule XIII, clause 6, from reporting a special rule that would
not allow such a motion to recommit or commit.not allow such a motion to recommit or commit.
resolutions on initial passage. It does not apply, therefore, to motions to dispose of Senate resolutions on initial passage. It does not apply, therefore, to motions to dispose of Senate
amendments. In other words, nothing in House rules prevents the Rules Committee from amendments. In other words, nothing in House rules prevents the Rules Committee from
reporting a special rule for the disposition of the Senate amendment that has the effect of reporting a special rule for the disposition of the Senate amendment that has the effect of
If the House is considering a motion to concur in a Senate amendment with several amendments, separate votes might be held on each House amendment. There is no need for a single vote to approve the entire package of House amendments. The House has already, in a previous "round" of the amendment exchange, agreed to the bill as a whole; at this stage, accordingly, it need only agree to any changes.
If the House is agreeing to several amendments to asingle vote to approve the entire package of House single vote to approve the entire package of House
new bill or a conference report, provides additional options for structuring votes in the House. In new bill or a conference report, provides additional options for structuring votes in the House. In
the case study from the the case study from the
House agreed to three separate amendments to a Senate complete substitute amendment to H.R. House agreed to three separate amendments to a Senate complete substitute amendment to H.R.
3221: one amendment concerned matters within the jurisdiction of the Financial Services 3221: one amendment concerned matters within the jurisdiction of the Financial Services
Committee; one amendment concerned matters within the jurisdiction of the Ways and Means Committee; one amendment concerned matters within the jurisdiction of the Ways and Means
Committee; and the final amendment was a bipartisan proposal to preempt state housing Committee; and the final amendment was a bipartisan proposal to preempt state housing
foreclosure laws. In the case of H.R. 3221, different committees had worked on different foreclosure laws. In the case of H.R. 3221, different committees had worked on different
amendments to the Senate amendment.amendments to the Senate amendment.
Senate amendment to H.R. 2206, an emergency supplemental appropriations bill. The first Senate amendment to H.R. 2206, an emergency supplemental appropriations bill. The first
amendment provided funding for various government agencies and programs. The second amendment provided funding for various government agencies and programs. The second
amendment included funding requested by the President for the Department of Defense, as well amendment included funding requested by the President for the Department of Defense, as well
as State and Foreign Operations appropriations and funds for the Gulf Coast recovery. The second as State and Foreign Operations appropriations and funds for the Gulf Coast recovery. The second
amendment was generally described as funding for the Iraq War, and it included provisions amendment was generally described as funding for the Iraq War, and it included provisions
setting benchmarks for the Iraqi government that were different from the benchmarks that had setting benchmarks for the Iraqi government that were different from the benchmarks that had
been passed in an earlier version of the legislation that the President vetoed.been passed in an earlier version of the legislation that the President vetoed.
to the first amendment by a vote of 348-73, and to the second amendment by 280-142.to the first amendment by a vote of 348-73, and to the second amendment by 280-142.
48 Considering two amendments to the Senate-approved complete substitute allowed these issues to Considering two amendments to the Senate-approved complete substitute allowed these issues to
be voted on separately, allowing the leadership in the House to build separate majorities for the be voted on separately, allowing the leadership in the House to build separate majorities for the
two amendments.two amendments.49
motion to concur with several amendments and precluded all other motions—but provided that motion to concur with several amendments and precluded all other motions—but provided that
amendments in a way that allows the chamber to hold multiple separate votes, but then transmit a amendments in a way that allows the chamber to hold multiple separate votes, but then transmit a
single amendment back to the Senate. A special rule can provide that if the House agrees to two single amendment back to the Senate. A special rule can provide that if the House agrees to two
or more amendments, then they will be engrossed as a single amendment for transmission to the or more amendments, then they will be engrossed as a single amendment for transmission to the
Senate.Senate.
not two (or more) House amendments, but one. This allows the Senate to take a single action, not two (or more) House amendments, but one. This allows the Senate to take a single action,
instead of considering separate motions to dispose of separate House amendments. Special rules instead of considering separate motions to dispose of separate House amendments. Special rules
like this also typically contain provisions addressing what would happen if some, but not all, of like this also typically contain provisions addressing what would happen if some, but not all, of
the House amendments are agreed to. For example, it could provide that if only one House the House amendments are agreed to. For example, it could provide that if only one House
amendment is agreed to, it will be engrossed as an amendment in the nature of a substitute to the amendment is agreed to, it will be engrossed as an amendment in the nature of a substitute to the
Senate amendment.Senate amendment.52
that provide that the question of agreeing to concur with a single amendment (to a Senate bill or that provide that the question of agreeing to concur with a single amendment (to a Senate bill or
amendment) be divided. For example, the House could vote first on agreeing to concur with one amendment) be divided. For example, the House could vote first on agreeing to concur with one
portion of the text of a House amendment, and then could vote on agreeing to concur with a portion of the text of a House amendment, and then could vote on agreeing to concur with a
second portion of the text of a House amendment. In effect, such rules allow separate votes on second portion of the text of a House amendment. In effect, such rules allow separate votes on
different issues but result in a single amendment being transmitted to the Senate. Special rules different issues but result in a single amendment being transmitted to the Senate. Special rules
that provide for such division votes also will usually provide that, if any division of the that provide for such division votes also will usually provide that, if any division of the
amendment is not agreed to, then the Senate amendment will not be disposed of. In other words, amendment is not agreed to, then the Senate amendment will not be disposed of. In other words,
the bill will not be returned to the Senate unless the House agrees to all portions of the proposed the bill will not be returned to the Senate unless the House agrees to all portions of the proposed
House changes to the Senate text.House changes to the Senate text.53
The House has also, under the terms of a special rule, considered multiple bills separately but then transmitted the text of all of those bills as a single House amendment to the Senate. This serves a similar strategic purpose as the examples discussed above in that the House can vote on distinct issues, securing separate majorities for each, and never vote on the whole. For example, in the 118th Congress (2023-2024), the House agreed to a special rule (H.Res. 1160) that provided for consideration of four bills: H.R. 8034, the Israel Security Supplemental Appropriations Act; H.R. 8035, the Ukraine Security Supplemental Appropriations Act; H.R. 8036, the Indo-Pacific Security Supplemental Appropriations Act; and H.R. 8038, the 21st Century Peace through Strength Act. Under the terms of the rule, each bill was considered and passed separately. The rule further provided that after each bill was voted on, the House would be deemed to have approved a single House amendment consisting of the texts of all four bills as passed by the House. Specifically, the House was considered to have concurred with an amendment to a Senate amendment to H.R. 815. These procedures allowed Representatives to vote for the portions of the supplemental they supported and against those they did not, and it did not require a vote on the final combined package that was transmitted to the Senate.54
Suspending the Rules to Dispose of Senate AmendmentsThe House also has the option of agreeing to suspend the rules to dispose of Senate amendments. A motion to suspend the rules requires a two-thirds vote for adoption, so it is a procedural option generally used only when a large majority of the House favors the proposed action. Under this procedure, the House casts just one vote to suspend the rules and agree to one of the motions for disposing of the Senate amendment. For example, the House can consider one motion to suspend the rules and agree to a Senate amendment.
Motions to suspend the rules are debated for no more than 40 minutes. No point of order can be made because the motion is proposing to suspend any rule that would interfere with its approval. Once the motion to suspend the rules is made, no further motion to dispose of the Senate amendment(s) is in order. A motion to commit or recommit is also not in order. The motion to suspend the rules is privileged under House rules only on Mondays, Tuesdays, and Wednesdays,other days of the week.other days of the week.
suspends the rules and concurs in an amendment of the Senate. The House could agree to suspend suspends the rules and concurs in an amendment of the Senate. The House could agree to suspend
the rules and concur in a Senate amendment with an amendment. If that motion were made, the the rules and concur in a Senate amendment with an amendment. If that motion were made, the
House amendment would be read in full by the clerk after the suspension motion was agreed to. House amendment would be read in full by the clerk after the suspension motion was agreed to.
For that reason, if the suspension process were used for this purpose, the House might be more For that reason, if the suspension process were used for this purpose, the House might be more
likely to agree to a motion to suspend the rules and agree to a resolution that states that, upon likely to agree to a motion to suspend the rules and agree to a resolution that states that, upon
adoption of the resolution, the Senate amendment be agreed to with the amendment printed in the adoption of the resolution, the Senate amendment be agreed to with the amendment printed in the
text of the resolution.text of the resolution.
55 Unanimous Consent
The House might also agree to Senate amendments by unanimous consent, particularly at the end The House might also agree to Senate amendments by unanimous consent, particularly at the end
of a session when time constraints make this a more desirable option than suspension of the rules. of a session when time constraints make this a more desirable option than suspension of the rules.
The chair of the committee of jurisdiction often asks unanimous consent to take from the The chair of the committee of jurisdiction often asks unanimous consent to take from the
makes a motion to concur in the amendment(s) which can be debated under the hour rule and makes a motion to concur in the amendment(s) which can be debated under the hour rule and
voted upon. Alternatively, the floor manager might make one unanimous consent request to take voted upon. Alternatively, the floor manager might make one unanimous consent request to take
the bill from the Speakerthe bill from the Speaker
debatable, and a vote is not necessary. On occasion, the House enters into a unanimous consent debatable, and a vote is not necessary. On occasion, the House enters into a unanimous consent
agreement that sets a total time for debate of the motion to concur, and typically provides that the agreement that sets a total time for debate of the motion to concur, and typically provides that the
time be equally divided and controlled.time be equally divided and controlled.
out at the start of each Congress.out at the start of each Congress.
will only be recognized to make a unanimous consent request to dispose of Senate amendments will only be recognized to make a unanimous consent request to dispose of Senate amendments
after clearing the consent request with the majority and minority floor leadership and the chair after clearing the consent request with the majority and minority floor leadership and the chair
and ranking member of the committee(s) of jurisdiction. In practice, it is the chair of the and ranking member of the committee(s) of jurisdiction. In practice, it is the chair of the
committee of jurisdiction, or the chaircommittee of jurisdiction, or the chair
Comparison of Amendment Exchange and Conference Committee
Procedures in the House
Acting on Senate amendments to a House bill (or to a House amendment) is a stage of the Acting on Senate amendments to a House bill (or to a House amendment) is a stage of the
legislative process distinct from the initial passage of the measure. As discussed at length above, legislative process distinct from the initial passage of the measure. As discussed at length above,
if the House acts on a Senate amendment, instead of acting on a bill or joint resolution that has if the House acts on a Senate amendment, instead of acting on a bill or joint resolution that has
not yet passed the House, then (1) the motion to recommit is less likely to be in order, and (2) not yet passed the House, then (1) the motion to recommit is less likely to be in order, and (2)
there will not necessarily be a single vote in relation to the Senate amendment, because the House there will not necessarily be a single vote in relation to the Senate amendment, because the House
proposal might be divided or considered as separate amendments to the Senate amendment.proposal might be divided or considered as separate amendments to the Senate amendment.
|
In the contemporary Congress, both conference reports and amendments between the houses are often considered under the terms of a special rule reported by the Rules Committee. As a result, in practice, the consideration of a conference report and the consideration of amendments between the houses can be quite similar in many respects. |
conference committee procedures. In the contemporary Congress, however, conference conference committee procedures. In the contemporary Congress, however, conference
committee reports are almost always considered committee reports are almost always considered
under a special rule that waives all points of under a special rule that waives all points of
by a conference committee are required to by a conference committee are required to
remain within the scope of the differences between the House and Senate;remain within the scope of the differences between the House and Senate;
the houses are not subject to these scope requirements. However, if agreed to by a majority of the the houses are not subject to these scope requirements. However, if agreed to by a majority of the
House, the special rule for the consideration of a conference report would likely protect the House, the special rule for the consideration of a conference report would likely protect the
conference report from a point of order. Furthermore, while conference reports (but not Senate conference report from a point of order. Furthermore, while conference reports (but not Senate
amendments) are required to be available under House Rule XXII, clause 8, for three days prior amendments) are required to be available under House Rule XXII, clause 8, for three days prior
to their consideration, in practice the special rule can waive this availability requirement. Special to their consideration, in practice the special rule can waive this availability requirement. Special
rules can also modify the manner in which amendments between the houses are considered. For rules can also modify the manner in which amendments between the houses are considered. For
example, under the standing rules conference reports cannot be amended, and Senate amendments example, under the standing rules conference reports cannot be amended, and Senate amendments
can be amended; in practice, however, the special rule for the consideration of a Senate can be amended; in practice, however, the special rule for the consideration of a Senate
amendment would likely prevent amendments from being offered from the floor.amendment would likely prevent amendments from being offered from the floor.
amendments between the houses. Perhaps most significantly, the process for arranging a formal amendments between the houses. Perhaps most significantly, the process for arranging a formal
conference committee in the House includes an opportunity for a Member of the minority party to conference committee in the House includes an opportunity for a Member of the minority party to
offer a motion to instruct conferees. Such motions typically direct the House conferees to take a offer a motion to instruct conferees. Such motions typically direct the House conferees to take a
position on a particular issue in disagreement between the chambers. The motion to instruct is not position on a particular issue in disagreement between the chambers. The motion to instruct is not
binding on the conferees; in other words, even if the conferees report contrary to the instructions, binding on the conferees; in other words, even if the conferees report contrary to the instructions,
the report will not be subject to a point of order. Despite this limitation, motions to instruct are the report will not be subject to a point of order. Despite this limitation, motions to instruct are
sometimes viewed as an opportunity for a Member of the minority party to present a view on a sometimes viewed as an opportunity for a Member of the minority party to present a view on a
policy issue of his or her choosing.policy issue of his or her choosing.
exchange, instead of conference committee, then there is no opportunity to offer a motion to exchange, instead of conference committee, then there is no opportunity to offer a motion to
instruct conferees.instruct conferees.
to be open to the public, and the House has interpreted this rule to require that at least one public to be open to the public, and the House has interpreted this rule to require that at least one public
meeting of the conference committee be held after conferees are formally appointed.meeting of the conference committee be held after conferees are formally appointed.
clause states that the chair of the House delegation clause states that the chair of the House delegation
of the conference committee be given notice of all meetings and that all provisions in of the conference committee be given notice of all meetings and that all provisions in
disagreement between the chambers will be open to discussion. The rule also guarantees disagreement between the chambers will be open to discussion. The rule also guarantees
managers access to a complete copy of the conference agreement at a unitary time and place for managers access to a complete copy of the conference agreement at a unitary time and place for
the collection of signatures. Although these requirements can be waived by special rule, generally the collection of signatures. Although these requirements can be waived by special rule, generally
conference committees do hold at least one public meeting and abide by these guidelines. No conference committees do hold at least one public meeting and abide by these guidelines. No
amendment between the houses.amendment between the houses.
negotiations. The Speaker can appoint conferees for a limited purpose—for example, only for negotiations. The Speaker can appoint conferees for a limited purpose—for example, only for
consideration of a single title of the bill in conference. These appointments are more likely when consideration of a single title of the bill in conference. These appointments are more likely when
the matters in conference fall under the jurisdiction of multiple standing committees, and the the matters in conference fall under the jurisdiction of multiple standing committees, and the
Speaker appoints Representatives from the various committees to negotiate over matters within Speaker appoints Representatives from the various committees to negotiate over matters within
their respective jurisdictions. A conference committee might choose to form structured their respective jurisdictions. A conference committee might choose to form structured
subconferences to consider the matters under its jurisdiction, although generally negotiations subconferences to consider the matters under its jurisdiction, although generally negotiations
among conferees are less structured. In any case, the House requires that, for every portion of the among conferees are less structured. In any case, the House requires that, for every portion of the
conference report that a distinct group of conferees is appointed to consider, a majority of the conference report that a distinct group of conferees is appointed to consider, a majority of the
Representatives in that group (and a majority of Senators in that group) sign the report. Under this Representatives in that group (and a majority of Senators in that group) sign the report. Under this
requirement, the House counts the signatures of limited-purpose conferees only for those matters requirement, the House counts the signatures of limited-purpose conferees only for those matters
within their respectively assigned authorities.within their respectively assigned authorities.
signature requirement can give some guidance to negotiators about the portion of the compromise signature requirement can give some guidance to negotiators about the portion of the compromise
under their responsibility. Because bicameral negotiations in an amendment exchange situation under their responsibility. Because bicameral negotiations in an amendment exchange situation
are by definition informal, and no signatures are collected, similar opportunities to enforce are by definition informal, and no signatures are collected, similar opportunities to enforce
structure on the negotiations do not exist.structure on the negotiations do not exist.
two methods of resolving differences. Under House rules, every conference report must be two methods of resolving differences. Under House rules, every conference report must be
accompanied by a joint explanatory statement, often called the managersaccompanied by a joint explanatory statement, often called the managers
explains the position of each chamber and the recommendations of the conference committee on explains the position of each chamber and the recommendations of the conference committee on
the issues in disagreement (House Rule XXII, clause 7). The requirement to produce this the issues in disagreement (House Rule XXII, clause 7). The requirement to produce this
document does not apply in an amendment exchange, although on some occasions committees document does not apply in an amendment exchange, although on some occasions committees
have prepared text similar to a managershave prepared text similar to a managers
Congressional Record. The special rule for the consideration of the Senate amendment can . The special rule for the consideration of the Senate amendment can
include language stating that the chair of the committee shall insert into the include language stating that the chair of the committee shall insert into the Congressional Record
material deemed explanatory of the motion.material deemed explanatory of the motion. The text of the amendment between the houses could The text of the amendment between the houses could
also contain language giving the statement printed in the also contain language giving the statement printed in the Congressional Record the same effect the same effect
on the implementation of the law that a joint explanatory statement would have.on the implementation of the law that a joint explanatory statement would have.
compromise, floor consideration of a conference report might differ procedurally from floor compromise, floor consideration of a conference report might differ procedurally from floor
consideration of a Senate amendment. Clause 9 of House Rule XXI requires the public disclosure consideration of a Senate amendment. Clause 9 of House Rule XXI requires the public disclosure
of any of any
conference report. This rule, like other House rules, can be waived by a special rule; however, if a conference report. This rule, like other House rules, can be waived by a special rule; however, if a
special rule waives House Rule XXI, clause 9, then a Representative can make a point of order special rule waives House Rule XXI, clause 9, then a Representative can make a point of order
against the special rule itselfagainst the special rule itself. The point of order is disposed of by a debatable question of The point of order is disposed of by a debatable question of
consideration; this means that if any Member makes a point of order against a special rule on the consideration; this means that if any Member makes a point of order against a special rule on the
grounds that it waives the earmark disclosure requirement, the presiding officer will submit to the grounds that it waives the earmark disclosure requirement, the presiding officer will submit to the
House the question House the question
to amendments between the houses.to amendments between the houses.
between the houses, is that there may be an opportunity for a Member of the minority party to between the houses, is that there may be an opportunity for a Member of the minority party to
offer a motion to recommit a conference report. When the House is the first chamber to consider a offer a motion to recommit a conference report. When the House is the first chamber to consider a
conference report, a motion to recommit the conference report is in order.conference report, a motion to recommit the conference report is in order.
recommit is a prerogative of the minority party, and it is not debatable.recommit is a prerogative of the minority party, and it is not debatable.63
Table 2. House Procedure: A Brief Comparison of Amendment Exchange and
Amendment Exchange
is debatable for up to one houris debatable for up to one hour
No motion to instruct available
identified portions of the matter in conferenceidentified portions of the matter in conference
Negotiators are not formally identified
Conference reports are typically considered under the terms of a special rule that might waive rules restricting the content of conference reports
amendments to Senate amendmentsamendments to Senate amendments
positions of each chamber and the compromises reached, are required to accompany conference reports
committee will be held; conferees must sign conference report
Earmark disclosure rule does not apply to amendments between the houses
cannot be amended
to offer a nondebatable motion to recommit the to offer a nondebatable motion to recommit the
conference reportconference report
No motion to recommit available
standing orders, and precedents) in the text of this report. Case Study: The Amendment Exchange on H.R. 3221, 110th Congress
A detailed discussion and diagram of one case in the A detailed discussion and diagram of one case in the
multiple House amendments serves to illustrate some of the procedural options, and potential multiple House amendments serves to illustrate some of the procedural options, and potential
procedural complexities, in an amendment exchange. In April 2008, the Senate passed H.R. 3221procedural complexities, in an amendment exchange. In April 2008, the Senate passed H.R. 3221
with a full-text substitute amendment and an amendment to the title. The Senate sent the newly with a full-text substitute amendment and an amendment to the title. The Senate sent the newly
titled titled
those to the Senate. Each of the House amendments addressed a group of titles in the Senate those to the Senate. Each of the House amendments addressed a group of titles in the Senate
amendment that fell within the jurisdiction of a single House committee. As a result, some of the amendment that fell within the jurisdiction of a single House committee. As a result, some of the
House amendments affected noncontiguous titles of the Senate amendment. House Amendment House amendments affected noncontiguous titles of the Senate amendment. House Amendment
No. 1 struck Titles 1 through 5, 7, 9, and 11 of the Senate substitute and inserted five new titles, No. 1 struck Titles 1 through 5, 7, 9, and 11 of the Senate substitute and inserted five new titles,
making up a making up a
considered by the House Financial Services Committee. House Amendment No. 2 struck Titles 6, considered by the House Financial Services Committee. House Amendment No. 2 struck Titles 6,
8, and 10 of the Senate substitute and inserted a new title consisting largely of the text of a 8, and 10 of the Senate substitute and inserted a new title consisting largely of the text of a
housing assistance tax bill previously reported by the House Ways and Means Committee. House housing assistance tax bill previously reported by the House Ways and Means Committee. House
Amendment No. 3 proposed inserting a new section stating that the bill (and other federal laws) Amendment No. 3 proposed inserting a new section stating that the bill (and other federal laws)
did not preempt state laws regulating foreclosure of residential real property or the treatment of did not preempt state laws regulating foreclosure of residential real property or the treatment of
foreclosed property.foreclosed property.65
affect the Senate text (in this case, the text of the substitute amendment the Senate had agreed to affect the Senate text (in this case, the text of the substitute amendment the Senate had agreed to
in April). To comply with this requirement, the Senate considered the three House amendments as in April). To comply with this requirement, the Senate considered the three House amendments as
though they were nine separate amendments. Under the Senate reorganization of the House though they were nine separate amendments. Under the Senate reorganization of the House
amendments, House Amendment No. 1 struck Titles 1 through 5 of the Senate substitute and amendments, House Amendment No. 1 struck Titles 1 through 5 of the Senate substitute and
inserted the five titles comprising the inserted the five titles comprising the
House Amendment No. 3 struck Title 7; House Amendment 4 struck Title 8; House Amendment House Amendment No. 3 struck Title 7; House Amendment 4 struck Title 8; House Amendment
No. 5 struck Title 9; House Amendment No. 6 struck Title 10; House Amendment No. 7 struck No. 5 struck Title 9; House Amendment No. 6 struck Title 10; House Amendment No. 7 struck
Title 11; House Amendment No. 8 inserted the tax title; and House Amendment No. 9 inserted the Title 11; House Amendment No. 8 inserted the tax title; and House Amendment No. 9 inserted the
proposed section affirming state laws (proposed section affirming state laws (
Senate Consideration of the First House Amendment: Motion to Concur with
an Amendment
amendments, provided he proceeded in the order they affected the Senate text. On June 19, 2008, amendments, provided he proceeded in the order they affected the Senate text. On June 19, 2008,
the majority leader moved that the Senate concur in House Amendment No. 1 with an the majority leader moved that the Senate concur in House Amendment No. 1 with an
replace the replace the
" and therefore the Senate amendment he proposed was open to further amendment. By unanimous and therefore the Senate amendment he proposed was open to further amendment. By unanimous
consent, the Senate required that amendments offered that day be on the subject of housing. The consent, the Senate required that amendments offered that day be on the subject of housing. The
agreement further provided that no other motions, except motions to table and reconsider, be in agreement further provided that no other motions, except motions to table and reconsider, be in
order during the dayorder during the day
leader to the first House amendment. Although under the rules, only a single second-degree leader to the first House amendment. Although under the rules, only a single second-degree
amendment to an amendment offered with a motion to concur is in order at one time, Senators amendment to an amendment offered with a motion to concur is in order at one time, Senators
asked and received unanimous consent to set the other pending amendments aside so they could asked and received unanimous consent to set the other pending amendments aside so they could
offer their own amendments. On several occasions that day and on subsequent days, however, offer their own amendments. On several occasions that day and on subsequent days, however,
unanimous consent was not granted to a Senator who attempted to set aside pending amendments unanimous consent was not granted to a Senator who attempted to set aside pending amendments
in order to offer another amendment.in order to offer another amendment.67
2008, and two days of session later, on Tuesday, June 24, the Senate agreed to invoke cloture by a 2008, and two days of session later, on Tuesday, June 24, the Senate agreed to invoke cloture by a
vote of 83-9. Of the six amendments that had been offered to the proposed amendment to the first vote of 83-9. Of the six amendments that had been offered to the proposed amendment to the first
House amendment, the Senate agreed to three of them.House amendment, the Senate agreed to three of them.
degree amendments to the Senate amendment to the House amendment. They were not degree amendments to the Senate amendment to the House amendment. They were not
offered to an offered to an
Senate amendment to the first House amendment before the Senate, on June 25, agreed to the Senate amendment to the first House amendment before the Senate, on June 25, agreed to the
motion to concur in the first House amendment with an amendment.motion to concur in the first House amendment with an amendment.
Senate Consideration of the Next Six House Amendments: Motion to Concur
House amendments in the order that they affected the Senate text. On June 26, 2008, the majority House amendments in the order that they affected the Senate text. On June 26, 2008, the majority
leader moved that the Senate concur in the next six House amendments as reorganized by the leader moved that the Senate concur in the next six House amendments as reorganized by the
Senate. Each of the House amendments proposed to strike a title of the Senate substitute for H.R. Senate. Each of the House amendments proposed to strike a title of the Senate substitute for H.R.
32213221 (see
concur.concur.69
amendments were in order. The motion to concur has precedence over the motion to disagree; amendments were in order. The motion to concur has precedence over the motion to disagree;
concur with an amendment could be offered in this situation, however, because the House concur with an amendment could be offered in this situation, however, because the House
amendments were all simple motions to strike. Under long-standing Senate precedents, motions amendments were all simple motions to strike. Under long-standing Senate precedents, motions
to strike are not subject to amendment.to strike are not subject to amendment.
consent that no further motions to refer would be in order during consideration of the House consent that no further motions to refer would be in order during consideration of the House
message.message.
2008, to invoke cloture on the motion to concur in the House amendments to strike. The 2008, to invoke cloture on the motion to concur in the House amendments to strike. The
following day, the Senate agreed by unanimous consent to the motion to concur.following day, the Senate agreed by unanimous consent to the motion to concur.
Senate Consideration of the Final Two House Amendments: Motion to Disagree
consideration were the proposals to insert the House tax title and to insert the section concerning consideration were the proposals to insert the House tax title and to insert the section concerning
state foreclosure laws and regulations. On July 8, 2008, the majority leader made a motion that state foreclosure laws and regulations. On July 8, 2008, the majority leader made a motion that
the Senate disagree to these two House amendments and filed cloture on the motion.the Senate disagree to these two House amendments and filed cloture on the motion.
following:following:
shall become effective in 3 days.shall become effective in 3 days.
amendments were in order until one was disposed of or laid aside by unanimous consent. The amendments were in order until one was disposed of or laid aside by unanimous consent. The
majority leader could majority leader could
amendments (one to insert a new title and a second to insert a new section) by offering a motion amendments (one to insert a new title and a second to insert a new section) by offering a motion
that only concerned the first House amendment. No motion to concur in the second House that only concerned the first House amendment. No motion to concur in the second House
amendment, with or without an amendment, was in order.amendment, with or without an amendment, was in order.
the motion to disagree to the final two House amendments by a vote of 84-12. The motion to the motion to disagree to the final two House amendments by a vote of 84-12. The motion to
concur with an amendment (No. 5067) and the amendment to that (No. 5068) fell when cloture concur with an amendment (No. 5067) and the amendment to that (No. 5068) fell when cloture
was invoked, pursuant to the Senate cloture rule requiring that the motion to disagree (on which was invoked, pursuant to the Senate cloture rule requiring that the motion to disagree (on which
cloture was invoked) remain the business before the Senate until disposed of. The following day cloture was invoked) remain the business before the Senate until disposed of. The following day
the Senate agreed to the motion to disagree to the amendments, and the message of the Senate the Senate agreed to the motion to disagree to the amendments, and the message of the Senate
stating all of its actions on the House amendments was sent to the House.stating all of its actions on the House amendments was sent to the House.
House Action: House Concurs in Senate Amendment (to House Amendment to
Senate Amendment to H.R. 3221) with an Amendment
amendment: the substitute amendment for the amendment: the substitute amendment for the
Senate substitute. Similarly, the Senate communicated its disagreement to the House proposal to Senate substitute. Similarly, the Senate communicated its disagreement to the House proposal to
insert a tax title and a section concerning state law. In short, the Senate, by its actions, effectively insert a tax title and a section concerning state law. In short, the Senate, by its actions, effectively
combined the matters in disagreement between the chambers into a single large amendment that combined the matters in disagreement between the chambers into a single large amendment that
was another version of the housing bill.was another version of the housing bill.
with an amendment.with an amendment.
the Senate amendment with an amendment on July 23, 2008. The House amendment was yet the Senate amendment with an amendment on July 23, 2008. The House amendment was yet
another version of the full bill, proposing to insert text in lieu of that proposed by the Senate. another version of the full bill, proposing to insert text in lieu of that proposed by the Senate.
According to both Senators and Representatives, the amendment resembled earlier versions of the According to both Senators and Representatives, the amendment resembled earlier versions of the
legislation and resulted from bicameral negotiations.legislation and resulted from bicameral negotiations.
self-executing provision that the House recede from any other remaining amendments or self-executing provision that the House recede from any other remaining amendments or
disagreements.disagreements.
third degree. Although under the precedents of the House and Senate, an amendment between the third degree. Although under the precedents of the House and Senate, an amendment between the
chambers can be amended in only two degrees, the House was able to offer a further amendment chambers can be amended in only two degrees, the House was able to offer a further amendment
because it considered the motion under the terms of a special rule.because it considered the motion under the terms of a special rule.
Final Step: Senate Concurs in House Amendment (to Senate Amendment to
House Amendment to Senate Amendment to H.R. 3221)
amendment (to the Senate amendment to the House amendments to the Senate amendment to amendment (to the Senate amendment to the House amendments to the Senate amendment to
H.R. 3221). At this point, the majority leader wished to propose that the Senate agree with this H.R. 3221). At this point, the majority leader wished to propose that the Senate agree with this
final bicameral compromise so that the bill could be forwarded to the President. To prevent final bicameral compromise so that the bill could be forwarded to the President. To prevent
another Senator from making any other motion, he made two additional tree-filling motions. The another Senator from making any other motion, he made two additional tree-filling motions. The
majority leader offered the following:majority leader offered the following:
become effective 2 days after enactmentbecome effective 2 days after enactment
asked unanimous consent that no motions to refer be in order when the House message was asked unanimous consent that no motions to refer be in order when the House message was
before the Senate. A Senator before the Senate. A Senator
made a motion to proceed to another matter.made a motion to proceed to another matter.
question is before the Senate.question is before the Senate.
by a vote of 80-13. The next day the Senate voted to concur in the House amendment, and under by a vote of 80-13. The next day the Senate voted to concur in the House amendment, and under
the terms of a unanimous consent agreement, the motion to concur with an amendment was the terms of a unanimous consent agreement, the motion to concur with an amendment was
withdrawn (and the second-degree amendment to that therefore fell). The Senate concurring in withdrawn (and the second-degree amendment to that therefore fell). The Senate concurring in
the House amendment was the final congressional action necessary to clear the measure to be sent the House amendment was the final congressional action necessary to clear the measure to be sent
to the President.
Figure 1. The Amendment Exchange on H.R. 3221, 110th Congress
Source: Figure developed by author based on congressional actions (see text of report for Figure developed by author based on congressional actions (see text of report for Congressional Record citations). Graphic design by Jamie L. Hutchinson. citations). Graphic design by Jamie L. Hutchinson.
Differences, 1999-
2024 Data on the manner of resolving differences were collected for recent Congresses from the Data on the manner of resolving differences were collected for recent Congresses from the House
Final Calendars. The data are for measures that became public law. The total number of . The data are for measures that became public law. The total number of
conference committees presented inconference committees presented in Table A-1 therefore does not include conference committees therefore does not include conference committees
on measures that do not become law, such as budget resolutions, nor does it include unsuccessful on measures that do not become law, such as budget resolutions, nor does it include unsuccessful
conferences or measures that went through conference committee and were eventually vetoed.conferences or measures that went through conference committee and were eventually vetoed.
Table A-1. Resolving Differences on Measures That Became Public Law
106th through 118th Congresses (1999-2024)
|
Congress |
Agreed to Without Amendment |
Agreed to Amendment of Second-Acting Chamber |
More Complicated Amendment Exchange |
Conference Committee |
|
106th (1999-2000) |
436 |
90 |
16 |
38 |
|
107th (2001-2002) |
289 |
48 |
7 |
33 |
|
108th (2003-2004) |
406 |
55 |
2 |
35 |
|
109th (2005-2006) |
395 |
53 |
6 |
28 |
|
110th (2007-2008) |
371 |
69 |
11 |
9 |
|
111th (2009-2010) |
293 |
66 |
12 |
12 |
|
112th (2011-2012) |
225 |
46 |
5 |
7 |
|
113th (2013-2014) |
255 |
30 |
8 |
3 |
|
114th (2015-2016) |
257 |
56 |
11 |
5 |
|
115th (2017-2018) |
350 |
75 |
11 |
6 |
|
116th (2019-2020) |
291 |
45 |
5 |
3 |
|
117th (2021-2022) |
319 |
36 |
8 |
0 |
|
118th (2023-2024) |
255 |
14 |
4 |
1 |
subtracting the total counted in the other three categories (agreeing to second-acting chamber amendment, subtracting the total counted in the other three categories (agreeing to second-acting chamber amendment,
more complicated amendment exchange, and conference committee) from the total number of public laws.more complicated amendment exchange, and conference committee) from the total number of public laws.
Note: If both chambers appointed conferees, the measure was included in the count of conference committee, If both chambers appointed conferees, the measure was included in the count of conference committee,
even if some differences were resolved through amendment exchange.even if some differences were resolved through amendment exchange.
Table A-2. House Consideration of Senate Amendments by Special Rule, Suspension,
106th through 118th Congresses (1999-2024)
Congress
Special Rule
Unanimous Consent
106th (1999-2000)
13
44
22
107th (2001-2002)
5
26
17
108th (2003-2004)
1
24
16
109th (2005-2006)
4
28
9
110th (2007-2008)
17
34
15
111th (2009-2010)
32
38
7
112th (2011-2012)
7
26
10
113th (2013-2014)
7
13
10
12
19
19
115th (2017-2018)
12
23
29
116th (2019-2020)
8
8
16
117th (2021-2022)
16
12
5
118th (2023-2024)
4
7
0
Notes: The table reports the number of House actions (in each category) on Senate amendments; it is not a The table reports the number of House actions (in each category) on Senate amendments; it is not a
count of bills. The count of special rules only includes rules agreed to by the House and it does not include rules count of bills. The count of special rules only includes rules agreed to by the House and it does not include rules
that also arranged for a measure to go to conference.that also arranged for a measure to go to conference.
report for more information.report for more information.
and James V. Saturno. The author is also grateful for the research assistance of Jennifer Devine, Anthony and James V. Saturno. The author is also grateful for the research assistance of Jennifer Devine, Anthony
Madonna, and Susan Jane Garza and the graphic design assistance of Jamie L. Hutchinson.Madonna, and Susan Jane Garza and the graphic design assistance of Jamie L. Hutchinson.
Footnotes
For information on conference committee procedures, see CRS Report 96-708, Conference Committee and Related Procedures: An Introduction, by Elizabeth Rybicki.
For a brief description of the amendment exchange procedure, see CRS Report 98-812, Amendments Between the Houses: A Brief Overview, by Elizabeth Rybicki and James V. Saturno.
The House and Senate also must resolve differences on concurrent resolutions (S.Con.Res. and H.Con.Res) before they can take effect, but these measures are not submitted to the President because they are not used to make law.
Strategic considerations can enter into decisions about which chamber should act first as well as over which bill should be selected as the vehicle to be sent to the President. For more information, see CRS Report 98-696, Resolving Legislative Differences in Congress: Conference Committees and Amendments Between the Houses, by Elizabeth Rybicki.
For more information, see CRS Report R46556, Blue-Slipping: Enforcing the Origination Clause in the House of Representatives, by James V. Saturno.
In the House, this could be accomplished through the adoption of a special rule that makes in order committee amendment(s) or provides for a committee-recommended amendment to be either automatically adopted or considered as an original bill for purposes of amendment. In the Senate, if the committee has reported the House bill with an amendment, that amendment is automatically pending when the bill is taken up on the Senate floor. If the committee has not formally reported the House bill, then the floor manager can offer the amendment in the nature of a substitute.
In the House, this "hook-up" procedure is generally accomplished by unanimous consent, suspension of the rules, or the terms of a special rule. In the Senate, it is accomplished by unanimous consent.
Alternatively, the chambers might form a conference committee but ultimately end up resolving their differences through amendment exchange after the conference reports in partial or full disagreement, or after the conference report is defeated or falls on a point of order. For more information on these potential complications, see CRS Report 98-696, Resolving Legislative Differences in Congress: Conference Committees and Amendments Between the Houses, by Elizabeth Rybicki.
For information on the consideration of amendments after the stage of disagreement, which is most likely to occur after a conference committee has reported in full or partial disagreement, see CRS Report 98-696, Resolving Legislative Differences in Congress: Conference Committees and Amendments Between the Houses, by Elizabeth Rybicki, pp. 28-29.
Floyd M. Riddick and Alan S. Frumin, Riddick's Senate Procedure: Precedents and Practices, 101st Cong., 2nd sess., S.Doc. 101-28 (GPO, 1992) (hereinafter Riddick's Senate Procedure), p. 127.
See proceedings on the House amendment to S. 764, 114th Congress, Congressional Record, daily edition, vol. 162 (June 29, 2016), pp. S4703-S4704.
See, for example, proceedings on the House amendment to S. 139, 115th Congress, Congressional Record, daily edition, vol. 164 (January 11, 2018), p. S153; and on the House amendment to S. 178, 116th Congress, Congressional Record, daily edition, vol. 166 (September 29, 2020), p. S5923.
For more information, see CRS Report 98-425, Invoking Cloture in the Senate, by Christopher M. Davis; and CRS Report RL30360, Filibusters and Cloture in the Senate, by Valerie Heitshusen.
In January 2013, the Senate established two expedited methods to begin consideration of a matter, but neither would allow the Senate to begin consideration of a matter as fast as it can begin consideration of a House amendment, and one method was in effect only for the 113th Congress. For more information, see CRS Report R42996, Changes to Senate Procedures at the Start of the 113th Congress Affecting the Operation of Cloture (S.Res. 15 and S.Res. 16), by Elizabeth Rybicki.
For a full list of available motions prior to the stage of disagreement, see Riddick's Senate Procedure, pp. 127-128.
These four motions are available with the same order of precedence even if the Senate had insisted on its amendment (thus reaching the stage of disagreement) and the House had returned the Senate amendment with a House amendment (Riddick's Senate Procedure, p. 129).
For an example from the 113th Congress (2013-2014), however, see the consideration, under the terms of a unanimous consent agreement, of a motion to recede from the Senate amendment to H.R. 5021 (Congressional Record, daily edition, vol. 160 [July 31, 2014], pp. S5198, S5209).
For example, if the House disagreed to a Senate amendment to a House-passed bill and requested a conference, and the Senate did not wish to go to conference, it could table the House message requesting a conference. The Senate is then considered to have disagreed to the House request for a conference, and this is transmitted to the House. See the message from the Senate on H.J.Res. 59, making continuing appropriations for FY2014 (Congressional Record, daily edition, vol. 159 [October 1, 2013], p. H6065) and the message from the Senate on H.R. 240, Department of Homeland Security Appropriations Act, 2015 (Congressional Record, daily edition, vol. 161 [March 3, 2015], p. H1535).
House amendments that simply propose to insert or strike text can be divided into separate provisions on the demand of any Senator. A House amendment to strike out text and insert other text is not divisible, however (Riddick's Senate Procedure, p. 138).
Under a standing order of the Senate, a nondebatable motion to waive the reading is in order if an amendment was submitted at least 72 hours before the motion and if it is available in the Congressional Record (S.Res. 29, 111th Congress). This standing order presumably applies to amendments between the houses.
For example, the House sent two amendments, numbered 1 and 2, to a Senate amendment to H.R. 2642 in the 110th Congress. The Senate first considered House Amendment No. 2 because it replaced text on pages 1-59 of the Senate amendment. House Amendment No. 1 inserted text on page 60. (Congressional Record, daily edition, vol. 154 [May 20, 2008], p. S4460 and [May 22, 2008], p. S4741.) The Senate can modify the order of consideration of House amendments by unanimous consent.
Motions to strike are not amendable, and therefore presumably the motion to concur with an amendment is not available if the House proposes an amendment to simply strike a portion of a Senate bill or amendment. In one recent instance, the House amended a Senate amendment to strike by agreeing to a special rule reported by the Rules Committee that provided for a new section to be inserted. The Senate, however, did not act on this House amendment. The House later approved similar language as an amendment to a different Senate amendment to strike and insert. (See proceedings on H.R. 1035 and H.R. 1299, 111th Congress.) In another instance, however, the House agreed to a special rule reported by the Rules Committee that made in order an amendment to a Senate amendment that only proposed to strike text from the House bill. The Senate took up the House amendment at the request of the majority leader and later agreed to a motion to concur in the House amendment. (See proceedings on H.R. 244 in the 115th Congress.) The two chambers later agreed to a concurrent resolution, H.Con.Res. 53, directing the Clerk to make corrections in the enrollment of the bill.
Riddick's Senate Procedure, pp. 130-131.
Absent unanimous consent, the Senate could consider the House amendment to the title, but it could only dispose of it through a motion to disagree, which is debatable and would be considered separately from the motion to dispose of any House amendment(s) to the text of the bill.
Riddick's Senate Procedure, p. 128. In the 110th Congress, with a motion to concur with an amendment and a perfecting amendment to that pending, Senator Jim Bunning offered a motion to refer a House amendment with instructions under the terms of a unanimous consent agreement (Congressional Record, daily edition, vol. 154 [June 19, 2008], p. S5814).
In several instances in the 110th Congress, the majority leader or his designee asked and received unanimous consent that no motions to refer be in order during consideration of the House message (Congressional Record, daily edition, vol. 154 [June 19, 2008], p. S5814; [September 26, 2008], p. S9851; [September 27, 2008], S10019.)
Congressional Record, daily edition, vol. 154 (July 10, 2008), p. S6521.
If cloture is invoked on a motion to concur in a House amendment, then presumably under the terms of Rule XXII, any motion to concur with an amendment would have to be germane to the amendment(s) between the houses or the underlying bill.
Some measures, most prominently budget resolutions and budget reconciliation bills, are considered under special expedited procedures that preclude extended debate on conference reports and amendments between the houses. For more information, see CRS Report RL33030, The Budget Reconciliation Process: House and Senate Procedures, by Robert Keith and Bill Heniff Jr. (available to congressional clients from the author by request).
For more information, see CRS Report R42996, Changes to Senate Procedures at the Start of the 113th Congress Affecting the Operation of Cloture (S.Res. 15 and S.Res. 16), by Elizabeth Rybicki.
For more information, see CRS Report RS22733, Senate Rules Restricting the Content of Conference Reports, by Elizabeth Rybicki.
The amendment between the houses, which would become law, could include a provision stating that the material inserted in the Record shall have the same effect with respect as if it were a joint explanatory statement. See, for example, Section 5 of P.L. 117-81, the National Defense Authorization Act for Fiscal Year 2022. For the explanatory material submitted for printing in relation to the House amendment to this bill (S. 1605, 117th Congress), see Congressional Record, daily edition, vol. 167 (December 7, 2020), pp. H7265-H7459.
U.S. Congress, Senate Committee on Rules and Administration, Senate Manual Containing the Standing Rules, Orders, Laws, and Resolutions Affecting the Business of the United States Senate, 118th Cong., 2nd sess., S.Doc. 118-1 (GPO, 2024), p. 107.
If the chambers have arranged to go to conference on a bill and multiple second-acting-chamber amendments, then it is possible (but not common) for the conference committee to report in partial disagreement. In this situation, there would be an opportunity to vote on the conference report and to act on any remaining amendments on which the chambers did not resolve their differences. For more information, see CRS Report 98-696, Resolving Legislative Differences in Congress: Conference Committees and Amendments Between the Houses, by Elizabeth Rybicki.
In contrast to the Senate, if the House agrees to table a Senate amendment, it permanently and adversely disposes of the Senate amendment and the underlying bill.
Senate amendments are privileged in the House in the unlikely event that they are not required to be considered in the Committee of the Whole; House rules require revenue, appropriations, and authorization measures to be first considered in the Committee of the Whole (House Rule XVIII, clause 3). In addition, the motion to disagree and go to conference is privileged if authorized by the committee of jurisdiction. Furthermore, after the stage of disagreement, motions to dispose of Senate amendments are privileged; however, even in this situation the House is likely to consider amendments under the terms of a special rule or a unanimous consent agreement, or by suspension of the rules. For a recent example when a privileged motion to recede and concur with a Senate amendment was made, see proceedings on H.R. 240, 114th Congress (Congressional Record, daily edition, vol. 161 [March 3, 2015], pp. H1535-H1552). (Provisions of H.Res. 134, which was agreed to before a Member moved to recede and concur, would have allowed the Speaker to postpone proceedings on the measure at any time.) See also John V. Sullivan, Thomas J. Wickham Jr., and Jason A. Smith, House Practice: A Guide to the Rules, Precedents, and Procedures of the House (GPO, 2024) (hereinafter House Practice), pp. 867-893.
For more information, see CRS Report 98-354, How Special Rules Regulate Calling up Measures for Consideration in the House, by Richard S. Beth.
For more information, see CRS Report RS22015, Availability of Legislative Measures in the House of Representatives (The "72-Hour Rule"), by Elizabeth Rybicki.
House Practice, p. 875. When the Senate sends multiple amendments to the House, the special rule can also self-execute different House actions on each Senate amendment. For example, see H.Res. 1518, which provided that the House be considered to have "concurred in the Senate amendments numbered 1, 2, 3, and 5, and to have concurred in Senate amendment number 4 with an amendment."
For more information on joint explanatory statements, see CRS Report 98-382, Conference Reports and Joint Explanatory Statements, by Christopher M. Davis.
See, for example, Congressional Record, daily edition, vol. 154 (May 15, 2008), pp. H3953-H4036. A more recent instance of a rule providing similar authority is H.Res. 1612, 118th Congress.
See, for example, Section 5 of H.R. 5009, 118th Congress.
Under clause 2 of House Rule XIX, one motion is in order to recommit or commit a measure after the House has ordered the previous question on it and before the vote on passing it. The Speaker grants preference in recognition to a Member of the minority party to offer the motion. For more information, see CRS Report R48566, The Motion to Recommit in the House, by Sarah B. Solomon.
Under the standing rules of the House, a motion to commit Senate amendments is in order prior to the stage of disagreement. U.S. Congress, Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United States, One Hundred Nineteenth Congress, H.Doc. 118-187, 118th Cong., 2nd sess. (GPO, 2025) (hereinafter House Rules and Manual), §1002, p. 861.
The summary of the House amendments to the Senate amendment is based on the description provided in U.S. Congress, House Committee on Rules, Providing for the Consideration of the Senate Amendment to the Bill (H.R. 2206), 110th Cong., 1st sess., May 24, 2007, H.Rept. 110-168 (GPO, 2007), p. 3. See also Congressional Record, daily edition, vol. 153 (May 24, 2007), pp. H5805-H5910.
For accounts of the consideration of these amendments, see Liriel Higa, "War Funding Bill Sent to Senate for Final Passage," CQ Today Online News, May 24, 2007; and John M. Donnelly and Susan Ferrechio, "House GOP Support Needed to Pass Iraq Funding Bill," CQ Today Online News, May 23, 2007.
In the 110th Congress, the House also agreed to two amendments to a Senate amendment to H.R. 2764 and three amendments to a Senate complete substitute amendment to H.R. 2642. In both cases, the consideration of multiple amendments allowed for separate votes on distinct issues.
See, in the 110th Congress, H.Res. 438 for the consideration of House amendments to the Senate amendment to H.R. 2206, H.Res. 878 for the consideration of House amendments to the Senate amendment to H.R. 2764, H.Res. 1175 for the consideration of House amendments to the Senate amendment to H.R. 3221, and H.Res. 1197 for the consideration of House amendments to the Senate amendment to H.R. 2642.
Engrossment is the process, undertaken by the House clerks, of preparing a final certified version of a matter that has been approved by the chamber. For more information, see House Practice, ch. 44, §6, p. 799, and CRS In Focus IF12855, Legislation: Engrossment, Enrollment, and Presentation, by R. Eric Petersen.
See H.Res. 811 and H.Res. 891 in the 116th Congress. H.Res. 438, 110th Congress, provided that if both amendments were adopted, they would be engrossed as a single amendment to the Senate amendment.
See H.Res. 1065, 111th Congress; H.Res. 305, 114th Congress; H.Res. 1271, 116th Congress; and H.Res. 973, 117th Congress.
For a description of the consideration of the bills combined into a single House amendment, see David Lerman, "Rule for Emergency Aid Bill Adopted with Democratic Support," CQ Online News, April 19, 2024.
Deschler's [and Deschler-Brown] Precedents of the House of Representatives, 94th Cong., 2nd sess., H.Doc. 94-661 (GPO, 1977) (hereinafter Deschler), ch. 32, §5.22, p. 73. See, for example, H.Res. 1512, 117th Congress, and H.Res. 1061 and H.Res. 1102, 118th Congress.
House Rules and Manual, §956, p. 806.
For more information, see CRS Report RS20219, House Conferees: Restrictions on Their Authority, by Michael Greene.
It is not in order, however, to instruct House conferees to reach agreement that is not within their authority. For more information, see CRS Report RS20219, House Conferees: Restrictions on Their Authority, by Michael Greene; and CRS Report 98-381, Instructing House Conferees, by Elizabeth Rybicki.
A conference report would be subject to a point of order if a formal meeting of the appointed conferees was not held in open session. House Rules and Manual, §1093, p. 987.
For more information, see CRS Report RS21629, Sufficiency of Signatures on Conference Reports, by Richard S. Beth and Elizabeth Rybicki.
CRS Report RL34462, House and Senate Procedural Rules Concerning Earmark Disclosure, by Sandy Streeter (available to congressional clients from the author of this report by request).
See letter from the Office of the Parliamentarian submitted for printing in the Congressional Record, daily edition, vol. 153 (October 3, 2007), pp. H11184-H11185.
The Rules Committee can report a rule that precludes the opportunity to offer a motion to recommit a conference report, but it rarely does so (Deschler, ch. 33, §32.26, pp. 1100-1101).
The Senate took up a bill (H.R. 3221) passed by the House the previous year, instead of passing a new Senate bill, in part because the Constitution requires that bills including revenue provisions originate in the House, and the Senate-approved text contained revenue provisions. In August 2007, the House had passed H.R. 3221 as a revenue bill, the Renewable Energy and Energy Conservation Tax Act of 2007. When the Senate took up H.R. 3221 in 2008, a related energy measure, H.R. 6, had already become law (P.L. 110-140). For more information on the procedures related to the consideration of the energy legislation in 2007, see CRS Report RL34611, Whither the Role of Conference Committees: An Analysis, by Walter J. Oleszek, pp. 14-18.
U.S. Congress, House Committee on Rules, Providing for the Consideration of the Senate Amendments to the bill (H.R. 3221), 110th Cong., 2nd sess., May 6, 2008, H.Rept. 110-622 (GPO, 2008), pp. 5-6.
Prior to agreeing to this unanimous consent request, a Senator received assurances from the majority leader that the leader would discuss the possibility of allowing a motion to refer (Congressional Record, daily edition, vol. 154 [June 19, 2008] pp. S5775-S5776). Later that day, the Senate entered into a unanimous consent agreement to allow one motion to refer the House message on H.R. 3221. Under the terms of the agreement, debate on the motion was limited to 30 minutes, no amendments were in order, and the motion was subject to an affirmative 60-vote threshold. The agreement further provided that if the motion was not agreed to, the motion would be withdrawn and no further motion to refer would be in order during consideration of the House message on H.R. 3221 (Congressional Record, daily edition, vol. 154 [June 19, 2008], p. S5814).
Congressional Record, daily edition, vol. 154 (June 19, 2008), pp. S5809 and S5811. On the following day, other Senators unsuccessfully sought unanimous consent to set aside the pending amendments to offer another (June 20, 2008, pp. S5925 and S5926). See also proceedings on June 24, 2008, pp. S5975-S5976.
Of the remaining three, one failed on a roll call vote, another was withdrawn, and the third fell on a point of order after a motion to waive the Congressional Budget Act failed.
Congressional Record, daily edition, vol. 154 (June 26, 2008), p. S6224.
When the Senate is amending a bill, with a motion to strike pending it is in order to offer an amendment to the text proposed to be stricken. In the case of an amendment between the houses, in contrast, the text proposed to be stricken is the Senate amendment, and the Senate cannot amend its own amendment.
Congressional Record, daily edition, vol. 154 (July 8, 2008), p. S6448. Recall that under a previous unanimous consent agreement, no motions to refer were in order. See footnote 66.
Congressional Record, daily edition, vol. 154 (July 23, 2008), pp. S7090, H6991, and H6998.
Congressional Record, daily edition, vol. 154 (July 23, 2008), pp. S7130-S7131.