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The process of amending a bill is a fundamental part of congressional lawmaking. While it may have the biggest effect on legislation itself, it is often the least publicized. As legislation moves through Congress, amendments serve as critical tools to reshape, refine, and sometimes completely transform bills before they become law. Amendments represent the tangible expression of negotiation and compromise that define congressional procedure.

An amendment is a proposed change to legislation. Once a bill is introduced, it is assigned to the relevant committee, which holds hearings before entering the mark-up session.¹ This period is when amendments can be submitted. Changes can range from minor adjustments in wording to complete substitutions that replace entire sections of a bill. A first-degree amendment is a change to the text in a bill, and a second-degree amendment is a change to the text in a first-degree amendment.² In addition, an amendment that replaces a bill’s full text is an amendment in the nature of a substitute, while an amendment that replaces a first-degree amendment’s full text is a substitute amendment. These amendments upon amendments can be complicated, and drawing amendment trees can help visualize these relationships. While the terminology can be confusing, what is most important is that the members of the committee the bill was referred to will then vote to accept or reject these changes. If the changes are accepted, then the bill will then go to the floor of the chamber.³

Between the House and Senate, there are some key differences in the amendment process:

In the House of Representatives, the Rules Committee acts as the gatekeeper for amendments. For most legislation, this powerful committee issues a "rule" determining whether amendments will be permitted and in what quantity. These can range from open rules allowing any relevant amendment to closed rules prohibiting all amendments.

The Senate operates with fewer procedural constraints. For example, amendments can have minimal connection to the underlying bill and lead to "Christmas tree bills," where unrelated amendments are attached like ornaments.

When amendments to bills are accepted and passed on the floor of one body of Congress, it must go to the other body and again go through the process of discussion, amendments, and voting.

The CHIPS and Science Act of 2022 offers a perfect case study of the amendment process. What began as a targeted investment in semiconductor manufacturing evolved substantially through amendments, and TechCongress fellows supported this process with critical expertise. One particularly significant amendment was the Senate’s incorporation of the Endless Frontier Act to transform the bill into a much broader innovation package.⁴ This expanded the legislation's scope from primarily semiconductor funding to include comprehensive research and development initiatives across multiple agencies. CHIPS also illustrates how final changes can be made even past the bill being signed into law. A month after its signing, the Department of Commerce’s National Institute of Standards and Technology published a Guardrails Rule to prevent companies receiving CHIPS funding from expanding semiconductor manufacturing in countries of concern—addressing national security considerations that were not fully articulated in the original text.⁵ These amendments demonstrate the iterative changes of congressional procedure through technical expertise and stakeholder input.

Amendments hold leverage as bargaining chips in larger negotiations, especially during crucial time periods like the end of a session. Leadership may agree to allow certain amendments to secure votes for final passage, while members might withhold problematic amendments in exchange for other concessions. The amendment process reveals the true character of Congress—requiring both collaborative relationships and technical expertise, ultimately serving as the engine that transforms abstract ideas into the laws that govern our nation.

References

¹https://www.house.gov/the-house-explained/the-legislative-process/in-committee

²https://www.congress.gov/crs-product/98-853

³https://www.usa.gov/how-laws-are-made

⁴https://www.congress.gov/bill/117th-congress/house-bill/4346/summary/72

⁵https://www.nist.gov/chips/frequently-asked-questions-preventing-improper-use-chips-act-funding