"Sense of" Resolutions and Provisions

"Sense of" Resolutions and Provisions

Order Code 98-825 GOV
Updated July 16, 2003
CRS Report for Congress
Received through the CRS Web
“Sense of” Resolutions and Provisions
Paul S. Rundquist
Specialist 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 sheet identifies the
various forms such 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, by its
nature, must be a concurrent resolution as both the House and Senate must approve such
measures. Joint resolutions are not typically used for such 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, unanimous consent requests, or by special rules. The Senate
normally takes up “sense of” resolutions through unanimous consent requests 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.
“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 bill and to the particular
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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 FY2001.1 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.2
Content of “Sense of” Resolutions and Provisions
“Sense of” resolutions and amendments expressing the sense of one or both houses
of Congress have offered on many issues. A survey of “sense of” resolutions and
amendments offered during the 105th Congress shows that most of them focused on
foreign policy matters, particularly resolutions that express the sense of the Senate.
However, “sense of” proposals have also addressed domestic policy issues, such as calling
for certain federal agencies or officials to take specified action or to refrain from some
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 the Congress will alter formal statutory provisions, if the informal nature of “sense
of” provisions does not influence agency policy.
1 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.
2 Sen. Trent Lott, “Military Construction Appropriations,” remarks in the Senate, Congressional
Record, daily edition (electronic version), vol. 146 (May 17, 2000), pp. S4062-S4063.