Amendments Between the Houses

Amendments Between the Houses

Order Code 98-812 GOV
Updated May 19, 2003
CRS Report for Congress
Received through the CRS Web
Amendments Between the Houses
James V. Saturno
Specialist on the Congress
Government and Finance Division
The House and Senate must approve an identical version of a measure before it may
be presented for the President’s approval or veto. If the House and Senate approve
differing versions of a measure, the differences must first be resolved. One way to do this
is through an exchange of amendments between the houses.
When the House or Senate passes a measure, it is sent to the other chamber for
further consideration. If the second chamber passes the measure with one or more
amendments, it is then sent back to the originating chamber. In modern practice, the
second chamber typically substitutes its version of a measure as a single amendment to
the measure as passed by the first chamber. The first chamber then may accept the
amendment or propose its own further amendment. In this way, the measure may be
messaged back and forth between the House and Senate in the hope that both houses will
eventually agree to the same version of a measure. For more information on legislative
process, see [http://www.crs.gov/products/guides/guidehome.shtml].
The House and Senate may use this method in an attempt to resolve their differences
in a variety of circumstances: prior to a conference, instead of a conference, or even after
a conference (as amendments in either true or technical disagreement). As an alternative
to conference, this procedure can be useful in a variety of circumstances, particularly
when the measure is not controversial or the differences between the House and Senate
are relatively small. It is also used occasionally when time pressures at the end of a
session make the requirements for a formal conference an undesirable obstacle.
When the House or Senate considers an amendment of the other, it does not yet
formally disagree to that amendment. At this stage, the House or Senate may concur in
the amendment, thus ending the process, or concur in the amendment with a further
amendment of its own, proposing a new text to the other chamber. At any point, either
house may choose not to act or it may insist on its own position and formally disagree
with the amendment posed by the other. If a chamber insists on its position and formally
disagrees with the amendment, it reaches the “stage of disagreement” allowing the two
chambers to proceed to conference.
This procedure allows two degrees of amending. The amendment of the second
chamber to the measure is considered the text that is subject to amendment. Each
chamber thus has one opportunity to propose an amendment to the amendment from the
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other. Generally, however, the provisions of an amendment between the houses are the
subject of informal negotiations, and an extended exchange of amendments is rare.
Consideration of Senate Amendments by the House
When the Senate passes a House bill with one or more amendments, it is messaged
back to the House, where it is normally held at the Speaker’s table. The bill may be
referred to a committee at the Speaker’s discretion, but this would be likely only if the
Senate has included substantial nongermane matters in its amendment that would fall in
the jurisdiction of a committee different from the one that considered the original matter
in the bill.
One limitation on the use of amendments between the houses is that, before reaching
the stage of disagreement, it is generally not in order for the House to move to consider
a measure with a Senate amendment if the subject of the amendment would normally need
to be considered in Committee of the Whole (generally matters related to revenues,
appropriations, or authorizations of appropriations). Before the stage of disagreement, the
precedence of motions in the House favors motions to disagree with the Senate
amendment and proceed to conference.
The House, however, may choose to consider a Senate amendment by one of several
methods that overcome this limitation. The House floor manager may ask unanimous
consent to concur in the Senate amendment or concur with an amendment. Either case
would normally only occur when the provisions in question are noncontroversial since
objection by any Member would cause the request to fail. (This procedure does not allow
for any debate, although another Member will often reserve the right to object, allowing
the floor manager to clarify the purpose and content of the request.) As an alternative, or
if an objection is made to a unanimous consent request, the House may also consider a
Senate amendment either by a motion to suspend the rules (when such a motion is in
order) or under the terms of a special rule.
Consideration of House Amendments by the Senate
Senate consideration of House amendments is less restricted by chamber rules.
Senate Rule VII provides that a motion to proceed to consideration of such an amendment
is privileged, and, therefore, decided without debate. The rule also provides that any
question pending when the motion is made be suspended (but not displaced). Under
Senate precedents, before reaching the stage of disagreement, a motion to concur in a
House amendment has precedence over a motion to disagree and go to conference, and
a motion to concur with an amendment has precedence over either.
If the Senate agrees to a motion to concur or concur with a further amendment, the
amendment itself would be debatable and amendable under the regular rules of the Senate.
As a result, the Senate normally takes action on an amendment of the House only when
there is an expectation that the amendment may be disposed of readily, typically by
unanimous consent. In the absence of such an expectation, the Senate will generally
proceed to conference in order to negotiate a resolution to any serious disagreements
within the Senate or with the House rather than attempt to resolve them on the floor.