How Unanimous Consent Agreements Regulate Senate Floor Action

How Unanimous Consent Agreements Regulate Senate Floor Action

How Unanimous Consent Agreements
Regulate Senate Floor Action
Updated March 2, 2022
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https://crsreports.congress.gov
RS20594

How Unanimous Consent Agreements Regulate Senate Floor Action

Summary
The Senate often regulates consideration of a measure or other matter by means of a unanimous
consent agreement (also called a “UC agreement” or “consent agreement”). A consent agreement
typically regulates one or more of the following: (1) initiating consideration, (2) amendments, (3)
time for debate, (4) motions, (5) concluding consideration, and (6) subsequent proceedings.
Formerly, the Senate often entered into such an agreement before taking up a matter, and it
typically covered all phases of consideration and followed a standard model. Today’s agreements
more often address only selected aspects, and many are reached only after consideration begins.
As a result, consideration of some matters is regulated by several successive partial consent
agreements or modifications of an initial one. For more information on legislative process, see
https://www.crs.gov/iap/legislative-and-budget-process. On consent agreements generally, see
CRS Report 96-548, The Legislative Process on the Senate Floor: An Introduction, by Valerie
Heitshusen.
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Contents
Initiating Consideration ...................................................................................................... 1
Amendments ....................................................................................................................... 1
Debate Time ........................................................................................................................ 1
Motions ............................................................................................................................... 2
Concluding Consideration .................................................................................................. 2
Subsequent Proceedings ...................................................................................................... 2

Contacts
Author Information .......................................................................................................................... 2

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How Unanimous Consent Agreements Regulate Senate Floor Action

he Senate often regulates consideration of a measure or other matter by means of a
unanimous consent agreement (also called a “UC agreement” or “consent agreement”). A
T consent agreement typically regulates one or more of the following: (1) initiating
consideration, (2) amendments, (3) time for debate, (4) motions, (5) concluding consideration,
and (6) subsequent proceedings. Formerly, the Senate often entered into such an agreement before
taking up a matter, and it typically covered all phases of consideration and followed a standard
model. Today’s agreements more often address only selected aspects, and many are reached only
after consideration begins. As a result, consideration of some matters is regulated by several
successive partial consent agreements or modifications of an initial one. For more information on
legislative process, see https://www.crs.gov/iap/legislative-and-budget-process. On consent
agreements generally, see the section entitled “Unanimous Consent Agreements” in CRS Report
96-548, The Legislative Process on the Senate Floor: An Introduction, by Valerie Heitshusen.
Initiating Consideration
Most matters reach the Senate floor through unanimous consent requests that the chamber
proceed to their immediate consideration. When such requests also include provisions regulating
further consideration, they often are referred to as unanimous consent (or UC) agreements. A
consent agreement may also be made in advance of consideration. In that case it can provide that
the matter come to the floor (1) at a date (and time) certain, (2) at a time determined by the
majority leader (often after consultation with the minority leader), or (3) upon disposition of some
other matter. A consent agreement made after consideration begins may provide that it resume
under one of the conditions listed. One that provides for consideration to begin may also provide
for discharge of a committee holding the measure or for the waiver of points of order to which the
measure might be subject and may provide that a bill be taken up for debate only and then laid
aside.
Amendments
UC agreements may prohibit all amendments or those on a specified subject. More often, they
permit amendments only (1) as identified in the agreement itself; (2) if relevant to the measure;
or, sometimes, (3) in a specified order. For more detail, see CRS Report 98-310, Senate
Unanimous Consent Agreements: Potential Effects on the Amendment Process, by Valerie
Heitshusen.
Debate Time
Consent agreements that limit the time available for debate are also called “time agreements.” A
time agreement may establish an overall limit on debate of a measure or matter, or may regulate
only a certain day or portion of consideration. Usually, it provides that the specified time be
equally divided and controlled by the majority and minority bill managers. Time agreements may
also provide separate blocks of controlled time for each amendment or for specified amendments
and may limit debate on any “debatable motion, appeal, or point of order” that may arise during
consideration. When a question is considered under a time agreement, no vote can occur on the
question, and no amendment to it or motion to table it can be offered, until the allotted time is
used or the managers yield it back. Also, a Senator can be recognized to speak on the question
only when yielded time by a Senator controlling time. A Senator controlling “bill time” may,
however, yield some of it to supplement that available for debate of an amendment, motion, or
other question.
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How Unanimous Consent Agreements Regulate Senate Floor Action

Motions
Consent agreements may prohibit or restrict the use of quorum calls or of various motions, such
as to table or reconsider amendments, to recommit the bill, or for cloture. Increasingly, instead of
serving as an alternative to cloture, UC agreements adjust the operation of the cloture rule. Some
alter the time for filing or voting on cloture motions, or for filing amendments to be in order
under cloture. Others regulate debate before the cloture vote or even under cloture. Others may
permit the Senate to take up one bill even if cloture is invoked on another or provide that cloture
on one bill does not displace another from consideration. In recent years, agreements often
effectively replace the cloture process by providing that a measure or amendment must receive 60
votes to pass.
Concluding Consideration
A UC agreement may require a vote on final passage at a specified point (such as when all
available time is exhausted or upon disposition of all listed amendments). Consent agreements
may also provide that votes on amendments be postponed and “stacked” to occur just before the
final vote. Other UC agreements may stipulate that at a specified time or stage, the matter being
considered will be laid aside or returned to the calendar—pending specified action on another
matter, or until a date certain, or until the majority leader calls it back.
Subsequent Proceedings
Some UC agreements have regulated the “hookup” of a Senate measure with a House-passed
companion in order to proceed to resolve differences. For example, they could provide that, if the
Senate passed the bill, it could then take up the House-passed companion, substitute the Senate
text, and pass the House bill in that form. Other UC agreements could provide for a process by
which the Senate may take up and consider a conference report or House amendments to a bill
previously considered in the Senate. A UC agreement may also provide that, after specified
proceedings on one matter are completed, some unrelated matter shall automatically be taken up
or other action shall occur thereon.

Author Information

Valerie Heitshusen

Specialist on Congress and the Legislative Process

Acknowledgments
A previous version of this report was written by Richard S. Beth, former Specialist on Congress
and the Legislative Process. The current author has updated the report and is available to answer
inquiries from Congress on the topic.
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How Unanimous Consent Agreements Regulate Senate Floor Action

Disclaimer
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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RS20594 · VERSION 6 · UPDATED
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