Order Code 98-825 GOV
Updated July 25, 2005
CRS Report for Congress
Received through the CRS Web
“Sense of” Resolutions and Provisions
Christopher M. Davis
Analyst in American National Government
Government and Finance Division
One or both houses of Congress may formally express opinions about subjects of
current national interest through freestanding simple or concurrent resolutions (called
generically “sense of the House,” “sense of the Senate,” or “sense of the Congress”
resolutions). These opinions may also be added to pending legislative measures by
amendments expressing the views of one or both chambers. This fact sheet1 identifies the
various forms these expressions may take and the procedures governing such actions. See
[http://www.crs.gov/products/guides/guidehome.shtml] for more information on
legislative process.
“Sense of” Resolutions
Sense of the House or Senate resolutions take the form of simple resolutions because
they only require the approval of one chamber. A sense of Congress resolution, on the
other hand, must be a concurrent resolution as both the House and Senate must approve
such measures. Joint resolutions are not typically used for expressions of congressional
opinion because joint resolutions generally require presidential approval.
“Sense of” resolutions are considered under the normal legislative processes of each
chamber applicable to any other legislative vehicle. Because “sense of” resolutions do
not involve the expenditure of public funds, such resolutions when reported from House
committees are placed on the House calendar. Typically, the House considers them
through suspension motions, by unanimous consent request, or under the terms of a
special rule reported from the Committee on Rules. The Senate normally takes up “sense
of” resolutions by unanimous consent or, more infrequently, they are automatically laid
before the Senate under the “resolutions ... over, under the Rule” process (Senate Rule
XIV).
A “sense of” resolution is not legally binding because it is not presented to the
President for his signature. Even if a “sense of” provision is incorporated into a bill that
becomes law, such provisions merely express the opinion of Congress or the relevant
chamber. They have no formal effect on public policy and are not considered law.
1 This report was written by Paul S. Rundquist, formerly a Specialist in American National
Government at CRS. Dr. Rundquist has retired, but the listed author updated the report and is
available to answer questions concerning its contents.
Congressional Research Service ˜ The Library of Congress

CRS-2
“Sense of” Provisions
Besides expressing such views through simple or concurrent resolutions, Congress
may attach such provisions to a bill by way of floor or committee amendment. In the
House, a “sense of” amendment must be germane to the overall measure and to the
particular portion of the bill to which it is added. Violations of the germaneness rule can
be overcome through motions to suspend the rules or by provisions in a special rule
waiving certain points of order.
Senate rules give more latitude to Senators to offer “sense of” amendments in
committees or on the floor. In general, the rules of the Senate normally do not require
amendments to be germane to the pending bill. Germaneness of amendments is required
once the Senate invokes cloture. “Sense of Congress” or “sense of the Senate”
amendments offered post-cloture are germane if the subject of the “sense of” amendment
falls within the jurisdiction of the committee reporting the underlying bill. “Sense of
Congress” or “Sense of the Senate” amendments offered to budget resolutions or
reconciliation bills are out of order, even if germane, pursuant to language contained in
the conference report on the budget resolution for FY2001.2 Formerly, the Senate
permitted “sense” amendments on appropriations bills. However, in May 2000, the
Senate voted to overturn a ruling of the chair so that the Senate’s presiding officer now
has the authority to rule on the germaneness of “sense of the Senate” or “sense of
Congress” amendments offered to appropriations bills, and to declare any non-germane
“sense” amendments out of order.3
Content of “Sense of” Resolutions and Provisions
“Sense of” resolutions and amendments expressing the sense of one or both houses
of Congress have been offered on many subjects. A survey of “sense of” resolutions and
amendments adopted during the 108th Congress shows that many of them focused on
foreign policy matters, particularly resolutions that express the sense of the Senate.
However, “sense of” proposals were forwarded on a wide range of other subjects,
including stressing a particular domestic policy priority, recognizing a historic milestone
or figure, and calling for certain federal agencies or officials to take, or refrain from
taking, a specified action.
Although “sense of” proposals have no force in law, foreign governments pay close
attention to them as evidence of shifts in U.S. foreign policy priorities. On domestic
issues, agencies also monitor “sense of” provisions because they may be an early signal
that Congress will alter formal statutory provisions, if the informal nature of “sense of”
provisions does not influence agency policy.
2 U.S. Congress, Conference Committees, 2000, Concurrent Resolution on the Budget for Fiscal
Year 2001
, conference report to accompany H.Con.Res. 290, 106th Cong., 2nd sess., H.Rept. 106-
577 (Washington, GPO: 2000), sec. 204(g), pp. 15-16.
3 Sen. Trent Lott, “Military Construction Appropriations,” remarks in the Senate, Congressional
Record
, daily edition (electronic version), vol. 146 (May 17, 2000), pp. S4062-S4063.