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Amendments
Amendments are proposals to alter or rewrite legislation being considered by Congress. The amending process provides a way to shape bills into a form acceptable to a majority in both the Senate and House of Representatives.
The process of amending legislation has three aspects. First, it is one of the chief functions of the legislative committees of Congress. Second, it is at the heart of floor debate in both chambers. Third, it is vital to working out compromises on bills during House-Senate conference negotiations. (See Legislative Process.)
Amendments have many objectives. Members may introduce amendments to dramatize their stands on issues, even if there is little chance that their proposals will be adopted. Some amendments are introduced at the request of the executive branch, a member's constituents, or special interests. Some become tools for gauging sentiment for or against a bill. Some may be used as “sweeteners” to broaden support for the underlying measure. Others are used to stall action on or to defeat legislation. In the House, where debate is strictly limited, amendments may be used to buy time; a member may offer a pro forma amendment, later withdrawn, solely to gain a few additional minutes to speak on an issue.
Amendments themselves are frequently the targets of other amendments offered by members having different points of view. The amending process becomes the arena for a struggle among these diverse viewpoints. At times, amendments become the most controversial elements in a bill.
Some amendments take on an identity of their own, regardless of the legislation to which they are attached. The Hyde amendment, a proposal to ban federal funding for abortions, is a classic example. Its sponsor, Rep. Henry J. Hyde, an Illinois Republican, touched off an emotional battle when he first offered his amendment in the 1970s. The amendment became widely known and variations of it were still being attached to legislation decades later.
In Committee
Legislation comes under its sharpest congressional scrutiny at the committee stage. Typically a bill first undergoes section-by-section review and amendment by a specialized subcommittee, a process known as “marking up” the measure. Occasionally the subcommittee may approve the legislation unaltered, but it is more likely to amend the bill or even to substitute an entirely new version. The legislation then goes to the full committee, where the process may be repeated. The committee may accept the subcommittee amendments with little or no change, or it may make additional amendments.
If the changes are substantial and the legislation is complicated, the committee may introduce a “clean bill” incorporating the proposed amendments. The original bill is then put aside and the clean bill, with a new bill number, is reported to the full chamber. If committee amendments are not extensive, the original bill is “reported with amendments.” Later, when the bill comes up on the floor, the House or Senate must approve, alter, or reject the committee amendments before the bill itself can be put to a vote.
On the Floor
During floor action members may seek to change the intent, conditions, or requirements of a bill; modify, delete, or introduce provisions; or replace a section or the entire text of a bill with a different version. A member may offer an amendment that is entirely unrelated to the bill under consideration. Such an amendment, called a rider, is much more common in the Senate than in the House.
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