{ "id": "98-825", "type": "CRS Report", "typeId": "REPORTS", "number": "98-825", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 606310, "date": "2019-10-16", "retrieved": "2019-10-16T22:22:00.270993", "title": "\u201cSense of\u201d Resolutions and Provisions", "summary": "One or both houses of Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically \u201csense of the House,\u201d \u201csense of the Senate,\u201d or \u201csense of the Congress\u201d resolutions). These opinions expressing the views of one or both chambers may be included in other legislation upon introduction or subsequently added by amendment. This report identifies the various forms these expressions may take and the procedures governing such actions.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/98-825", "sha1": "8e11ceaf6b6adb5607f00016aeccd87de4432732", "filename": "files/20191016_98-825_8e11ceaf6b6adb5607f00016aeccd87de4432732.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/98-825", "sha1": "8b2f28dd240666657e8e3f4dfec59c0707b54689", "filename": "files/20191016_98-825_8b2f28dd240666657e8e3f4dfec59c0707b54689.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4901, "name": "Congressional Documents & Bill Introduction" } ] }, { "source": "EveryCRSReport.com", "id": 452554, "date": "2016-05-16", "retrieved": "2016-11-28T22:13:40.546907", "title": "\u201cSense of\u201d Resolutions and Provisions", "summary": "One or both houses of Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically \u201csense of the House,\u201d \u201csense of the Senate,\u201d or \u201csense of the Congress\u201d resolutions). These opinions may also be included in legislation as introduced or added later by amendment. This report identifies the various forms these expressions may take and the procedures governing such actions.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/98-825", "sha1": "c8a70f20f6aacd4d7d70ff5cbd3c63026cb0f3fa", "filename": "files/20160516_98-825_c8a70f20f6aacd4d7d70ff5cbd3c63026cb0f3fa.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/98-825", "sha1": "2b1f2d7d4d3edb9123c29ea5083d00010eb55f28", "filename": "files/20160516_98-825_2b1f2d7d4d3edb9123c29ea5083d00010eb55f28.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4901, "name": "Congressional Documents & Bill Introduction" } ] }, { "source": "EveryCRSReport.com", "id": 444514, "date": "2015-08-26", "retrieved": "2016-04-06T18:30:49.720779", "title": "\u201cSense of\u201d Resolutions and Provisions", "summary": "Congressional Research Service\n7-5700\nwww.crs.gov\n98-825\nSummary\nOne or both houses of Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically \u201csense of the House,\u201d \u201csense of the Senate,\u201d or \u201csense of the Congress\u201d resolutions). These opinions may also be added to pending legislative measures by amendments expressing the views of one or both chambers. This report identifies the various forms these expressions may take and the procedures governing such actions.\nContents\n\u201cSense of\u201d Resolutions\t1\n\u201cSense of\u201d Provisions\t2\nContent of \u201cSense of\u201d Resolutions and Provisions\t2\n\nContacts\nAuthor Contact Information\t2\nAcknowledgments\t3\n\nOne or both houses of Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically \u201csense of the House,\u201d \u201csense of the Senate,\u201d or \u201csense of the Congress\u201d resolutions). These opinions may also be added to pending legislative measures by amendments expressing the views of one or both chambers. This report identifies the various forms these expressions may take and the procedures governing such actions.\n\u201cSense of\u201d Resolutions\nSense of the House or Senate resolutions take the form of simple resolutions, because they require the approval of only one chamber. A sense of Congress resolution, on the other hand, must be a concurrent resolution, as both the House and Senate must approve such measures. Joint resolutions are not typically used for expressions of congressional opinion, because joint resolutions generally require presidential approval. A \u201csense of\u201d resolution is not legally binding because it is not presented to the President for his signature. Even if a \u201csense of\u201d 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 and are not considered law.\n\u201cSense of\u201d resolutions are considered under the normal legislative processes of each chamber applicable to any other legislative vehicle. Because \u201csense of\u201d resolutions do not involve the expenditure of public funds, such resolutions, if reported from House committees, are placed on the House calendar. Typically, the House has considered them through suspension motions, by unanimous consent request, and (rarely) under the terms of a special rule reported from the Committee on Rules and adopted by the House. As adopted in the 114th Congress (2015-2016), the rules of the House Republican Conference include language that limits the use of the suspension of the rules procedure for certain types of honorific or commemorative legislation. This rule could preclude the consideration of some \u201csense of\u201d legislation in the House. Specifically, Conference Rule 28 states that the Republican leader \u201cshall not schedule, or request to have scheduled, any bill or resolution for consideration under suspension of the Rules which ... expresses appreciation, commends, congratulates, celebrates, recognizes the accomplishments of, or celebrates the anniversary of, an entity, event, group, individual, institution, team or government program; or acknowledges or recognizes a period of time for such purposes.\u201d The rule may be waived by a majority of the elected House Republican leadership. The House Republican leadership has also announced several \u201cLegislative Protocols,\u201d one of which is intended to clarify the application of Conference Rule 28. Protocol 7 states that a \u201cresolution of bereavement, or condemnation, or which calls on others (such as a foreign government) to take a particular action [emphasis added], but which does not otherwise violate the provisions of Rule 28 is eligible to be scheduled under suspension of the Rules.\u201d\nThe Senate normally takes up \u201csense of\u201d resolutions by unanimous consent. In prior years, such resolutions were sometimes automatically laid before the Senate under the \u201cresolutions ... over, under the Rule\u201d process (Senate Rule XIV).\n\u201cSense of\u201d Provisions\nBesides 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 \u201csense of\u201d amendment must be germane to the overall measure and to the particular 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.\nSenate rules give more latitude to Senators to offer \u201csense of\u201d 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. \u201cSense of Congress\u201d or \u201csense of the Senate\u201d amendments offered post-cloture are germane if the subject of the \u201csense of\u201d amendment falls within the jurisdiction of the committee reporting the underlying bill. Formerly, the Senate permitted \u201csense\u201d amendments on appropriations bills. However, in May 2000, the Senate voted to overturn a ruling of the chair so that the Senate\u2019s presiding officer now has the authority to rule on the germaneness of \u201csense of the Senate\u201d or \u201csense of Congress\u201d amendments offered to appropriations bills and to declare any non-germane \u201csense\u201d amendments out of order.\nContent of \u201cSense of\u201d Resolutions and Provisions\n\u201cSense of\u201d resolutions and amendments expressing the sense of one or both houses of Congress have been offered on many subjects. An informal survey of \u201csense of\u201d resolutions and amendments adopted during the 113th Congress (2013-2014) shows that many of them focused on foreign policy matters, particularly resolutions that express the sense of the Senate. However, \u201csense of\u201d proposals were forwarded on a wide range of other subjects, including stressing a particular domestic policy priority; recognizing a historic milestone, figure, or location; and calling for certain federal agencies or officials to take, or refrain from taking, a specified action.\nAlthough \u201csense of\u201d 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 \u201csense of\u201d provisions because they may be an early signal that Congress will alter formal statutory provisions if the informal nature of \u201csense of\u201d provisions does not influence agency policy.\n\nAuthor Contact Information\n\nChristopher M. Davis\nAnalyst on Congress and the Legislative Process\ncmdavis@crs.loc.gov, 7-0656\nAcknowledgments\nThis report was written by Paul S. Rundquist, formerly a specialist in American National Government at CRS. Dr. Rundquist has retired, but the listed author is available to answer questions concerning the report\u2019s contents.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/98-825", "sha1": "44ec2aac2a29736e5bf3c9586b5e9d72ef294a77", "filename": "files/20150826_98-825_44ec2aac2a29736e5bf3c9586b5e9d72ef294a77.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/98-825", "sha1": "c05c20f7390eb9b42559c19c9bf9737756a5ea53", "filename": "files/20150826_98-825_c05c20f7390eb9b42559c19c9bf9737756a5ea53.pdf", "images": null } ], "topics": [ { "source": "CongOpsList", "id": 4136, "name": "Bills and Resolutions: Origins and Introduction" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc287946/", "id": "98-825_2013Mar11", "date": "2013-03-11", "retrieved": "2014-06-05T20:55:02", "title": "\"Sense of\" Resolutions and Provisions", "summary": "This report discusses the \"Sense of\" resolutions, which are considered under the normal legislative processes of each chamber applicable to any other legislative vehicle.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20130311_98-825_9e92de4d2121d77635164a6f46249f7f4e23135a.pdf" }, { "format": "HTML", "filename": "files/20130311_98-825_9e92de4d2121d77635164a6f46249f7f4e23135a.html" } ], "topics": [ { "source": "LIV", "id": "Congress", "name": "Congress" }, { "source": "LIV", "id": "Law and legislation", "name": "Law and legislation" }, { "source": "LIV", "id": "Legislative resolutions", "name": "Legislative resolutions" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc83863/", "id": "98-825_2011May20", "date": "2011-05-20", "retrieved": "2012-04-27T15:49:45", "title": "Federal Employees' Retirement System: Benefits and Financing", "summary": "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. 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