Order Code RS20594
Updated April 30, 2003
CRS Report for Congress
Received through the CRS Web
How Unanimous Consent Agreements
Regulate Senate Floor Action
Richard S. Beth
Specialist in the Legislative Process
Government and Finance Division
The Senate often regulates consideration of a measure by means of a unanimous
consent agreement, which is also called a “UC agreement” or “consent agreement.” A
consent agreement typically regulates one or more of the following: (1) initiating
consideration, (2) limiting time for debate, (3) offering amendments, (4) the use of
motions, (5) concluding consideration, and (6) subsequent proceedings. A consent
agreement also may affect consideration of more than one measure. For information on
consent agreements generally, see CRS Report 98-225, Unanimous Consent Agreements
in the Senate. For more information on legislative process, see
[http://www.crs.gov/products/guides/guidehome.shtml].
The Senate uses consent agreements because its Rules place few limits, either of time
or substance, on the consideration of measures. Nor is there any motion to impose such
limits for a particular measure, except for cloture, which requires a super-majority vote
and imposes a single prescribed set of constraints. In earlier decades, UC agreements
often were entered into before the Senate began considering a measure, covered all phases
of consideration, and followed a model standardized as “the usual form.” Today’s
consent agreements are more often reached only after consideration begins and address
only selected aspects. Consent agreements for considering measures are not to be
confused with unanimous consent requests for a single immediate purpose, such as to
dispense with reading an amendment or with further proceedings under a quorum call.
Initiating Consideration. Most measures reach the Senate floor through
unanimous consent requests that the chamber proceed to consider them. These requests
are usually considered consent agreements only when they also include further provisions
regulating consideration. When a consent agreement is made in advance of consideration,
however, it can include provision for taking up the measure. Typical provisions are that
the measure come before the Senate: (1) at a date (and time) certain; (2) at a time
determined by the majority leader (often after consultation with the minority leader, or,
occasionally, with his concurrence); (3) only after (or perhaps only before) a date certain;
or (4) upon disposition of some other measure. A consent agreement also may provide
that consideration of a measure that was previously considered, and laid aside, resume
under one of the conditions listed. Finally, UC agreements may include waivers of any
points of order to which a measure might otherwise be subject.
Congressional Research Service ˜ The Library of Congress

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Debate Time. Consent agreements that include limitations on time available for
debate are also called “time agreements.” A time agreement may establish an overall
limit on debate of a measure, or may regulate only a certain day or portion of
consideration. Usually, it specifies a length of time for debate of a measure, “equally
divided and controlled” by the majority and minority bill managers. Occasionally, other
Senators may also control blocks of this “bill time,” or it may be divided unequally among
Senators controlling it. When time on a question is controlled, a Senator can be
recognized to speak on that question only when a colleague who controls time first yields
a portion of it to the Senator. Also, until all time on a question is used or yielded back,
no vote can occur on the question, nor can an amendment or motion to table be offered.
Amendments. UC agreements often provide that amendments may be offered
only: (1) if relevant (or, sometimes, germane) to the measure; or (2) as identified (e.g.,
by sponsor, subject, or number) in the consent agreement itself. (See CRS Report 98-310,
Senate Unanimous Consent Agreements: Potential Effects on the Amendment Process.)
Time agreements may provide separate blocks of controlled time for each amendment.
Also, a Senator controlling “bill time” may yield some of it to supplement that available
for debate of an amendment, motion, or other question.
Motions. The “usual form” of time agreement specifies an amount of time for any
“debatable motion, appeal, or point of order” that may arise. UC agreements may also
prohibit or restrict the use of quorum calls or of various motions, such as motions to table
or reconsider amendments, or to recommit the bill. Some adjust the time stipulated by
Senate rules for filing cloture motions, for voting on them, or for filing amendments to
be considered under cloture. A few regulate the use of cloture in other ways, such as by
providing that a cloture motion be deemed to have been filed (perhaps in advance of
consideration); that the Senate take up some other measure in the middle of considering
one measure under cloture; or even that cloture be deemed to have been invoked.
Concluding Consideration. A UC agreement may provide that votes on
amendments be postponed until a specified time, then “stacked” to occur in immediate
succession. It may also provide for an automatic vote on final passage at a specified time
or stage, such as when all available time is exhausted, or upon disposition of all listed
amendments. Alternatively, it may provide for a final vote at a date and time certain.
(Paragraph 4 of Senate Rule XII requires a quorum call before unanimous consent is
granted for this purpose, but is often waived — by unanimous consent.) On the other
hand, a UC agreement may stipulate that when a specified time or stage is reached, the
measure being considered will be laid aside, or returned to the calendar, pending specified
action on another measure, or until a date certain, or until the majority leader so
determines.
Subsequent Actions. Consent agreements often provide that, if the Senate passes
the measure regulated, it then take up a House-passed companion bill, substitute the
Senate text, and pass the House bill in that form. Some stipulate instead that the Senate
bill be held at the desk until such a House bill is received, and that similar action then be
deemed to have occurred. Other provisions also appear for regulating the “hookup” of
a Senate with a House measure in order to resolve differences. Finally, a UC agreement
may provide that, after specified proceedings on one measure are completed, some
unrelated measure shall automatically be taken up, or other action shall occur thereon.

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