The Amending Process in the Senate (CRS Report for Congress)
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| Release Date |
Revised Sept. 16, 2015 |
| Report Number |
98-853 |
| Authors |
Christopher M. Davis, Analyst on Congress and the Legislative Process |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
A bill is subject to amendment as soon as the Senate begins to consider it. Committee amendments are considered first; then Senators can offer amendments to any part of the bill, generally, in any order. Senators may debate each amendment without limit unless the Senate (1) agrees to a motion to table (kill) the amendment, (2) agrees to a unanimous consent request to limit debate on the amendment, or (3) invokes cloture, limiting debate on the amendment or on the bill and all amendments to it.
There are several different types of amendments. A first-degree amendment proposes to change the text of the bill; a second-degree amendment proposes to change the text of a first-degree amendment that the Senate is considering. Third-degree amendments are not allowed. An amendment may propose to strike out language from a bill (or a first-degree amendment), insert new language, or replace language by striking out and inserting. In general, an amendment that proposes to replace the entire text of a bill is known as an amendment in the nature of a substitute; an amendment to replace the entire text of a first-degree amendment is known as a substitute amendment. An amendment, especially in the second degree, that makes some lesser change is known as a perfecting amendment.
Depending on the kinds of amendments that Senators offer and the order in which they are recognized to offer their amendments, Senators can offer anywhere from three to 11 amendments before the Senate has to vote on any of them. "Amendment trees" are the graphic ways of depicting these possible situations.
The Senate requires only that amendments be germane when they are offered (1) to general appropriations bills and budget measures, (2) under cloture, or (3) under certain unanimous consent agreements and certain statutes. Otherwise, Senators can offer amendments on any subject to any bill. There are several general restrictions on the amending process. For example, it is not in order to propose an amendment that would only amend language in a bill that has already been amended. However, it is possible to re-amend that language in the process of amending a larger portion of the bill. There are also special provisions in Senate rules to limit amendments to appropriations bills if those amendments propose unauthorized appropriations or changes in existing law. The Senate can, and sometimes does, choose not to enforce these restrictions.
The Senator who has offered an amendment may withdraw or modify it at any time until the Senate has taken some action on it, such as by amending it or ordering a roll-call vote on it. Senators may also demand that certain amendments be divided into two or more parts. A roll-call vote on an amendment is ordered at the request of at least 11 Senators. The Senate's amending process changes under cloture. For example, no amendment can be offered under cloture unless a Senator submitted it in writing before the cloture vote occurred.
This report will be updated as events warrant.
