Any amendment faces scrutiny at the Rules Committee, which may determine whether and which amendments are permitted on a bill, or on the floor, or both. Members and staff may increase the likelihood that an amendment is made in order at the Rules Committee or adopted by the House following several recommended practices.
Follow Rules Committee Procedures for Submitting Amendments:
Members and staff may keep updated by registering for Rules Committee Dear Colleague emails. Before meetings on legislation, the Rules Committee emails a Dear Colleague providing notice on what legislation will be considered, deadlines for submitting amendments, and the text of the legislation that the amendment will affect, how the amendment should be submitted, and staff contact information.
Draft Amendments by Working with the House Legislative Counsel:
The Office of the Legislative Counsel is the House’s non-partisan office that Members and staff may use to draft the legislative language that will properly carry out the intended policies of their bill or amendment. Requests for assistance from the Legislative Counsel’s Office should be submitted as soon as possible to avoid any delays. Additional information, including best practices on drafting legislation and working with the Legislative Counsel’s Office, is available on their website: https://legcounsel.house.gov/. Their phone number is 202-225-6060.
Review With the Office of the Parliamentarian:
Amendments should be reviewed by the Office of the Parliamentarian well in advance of the debate to ensure their compliance with House rules, particularly germaneness. Amendments must be “germane” to the portion of the measure it seeks to amend. (See clause 7 of rule XVI for an explanation of germaneness.) Failure to comply with this rule means that the amendment may be ruled out of order if a point of order is made against it. For information on amendment review, Member offices may call the Parliamentarian’s Office at 202-225-7373.
Review With the Congressional Budget Office and Committee on the Budget:
Members are also advised to have the Congressional Budget Office (CBO) review their amendment and consult with the Committee on the Budget in order to ensure their amendment complies with budget enforcement rules.
Review With the Committee of Jurisdiction:
Amendments should be shared with the appropriate Members of the committee of jurisdiction unless the element of surprise is desired. Review by the committee of jurisdiction, which may recommend alternative language to make an amendment more acceptable, will enhance the prospects for passage. Additionally, committee staff may advise whether the policy the Member wishes to enact is already federal law.
Develop Support Among Members:
An amendment stands a better chance of being made in order or adopted on the floor if its sponsor can demonstrate wide support for it among their colleagues. Per a Rules Committee protocol, amendments that have at least 20 Republican cosponsors and 20 Democratic cosponsors will receive preferential treatment when the Committee considers which amendments shall be made in order. (Such a bipartisan amendment must be submitted to the Committee on time, with a letter from the sponsor listing the bipartisan cosponsors, and comply with House rules and budgetary requirements.) Even if an amendment does not meet the bipartisan threshold, robust support among Members increases likelihood that it will be made in order or agreed to on the floor.