Recent Legislative Changes to Substitution Procedures in U.S. Congress: 2023-2025 Updates

What Changed in Congress About Amending Bills?

If you’ve followed how laws get made in Washington lately, you’ve probably noticed things feel different. It’s not just about who’s in charge-it’s about how amendments are handled. Since 2023, the U.S. House of Representatives has overhauled how lawmakers can swap out one amendment for another during committee markups and floor debates. These aren’t small tweaks. They’re structural changes that have reshaped who gets to speak, when, and under what conditions.

The biggest shift came with H.Res. 5, adopted on January 3, 2025, setting the rules for the 119th Congress. This wasn’t the first change-there were updates in 2023 and 2024-but by early 2025, the system had evolved into something entirely new. The goal? To cut down on chaos. The result? A system that moves faster but gives minority parties far less room to maneuver.

The New Rules: How Substitutions Work Now

Before 2025, any member could simply file a new version of an amendment and it would automatically replace the old one. That’s gone. Now, every substitution must be filed at least 24 hours before a committee meeting. It’s not enough to just type it up-you have to submit it through the Amendment Exchange Portal, a digital system launched on January 15, 2025.

This portal isn’t just a form. It requires detailed metadata: exact line numbers being changed, a written justification, and a classification of how big the change is. There are three levels:

• Level 1: Minor wording fixes-like correcting a typo or clarifying phrasing.
• Level 2: Procedural tweaks-changing how a provision is enforced, not what it does.
• Level 3: Substantive policy changes-altering the core intent of the bill.

Each level has a different approval bar. Level 1 and 2 need a simple majority in the committee. Level 3 requires 75% approval-up from 50% before. That’s a huge jump. And it’s not just about votes. A new Substitution Review Committee in each standing committee-made up of three majority and two minority members-must review and approve or reject each request within 12 hours.

Why the Change? Efficiency vs. Fairness

House Republican leadership, led by Rules Committee Chairman Michael Johnson, argued the old system was broken. “We had members slipping in poison pills at the last minute,” Johnson said in January 2025 testimony. “It paralyzed the process.”

The numbers back up the claim of efficiency. In the first quarter of 2025, the time it took to process amendments dropped by 37% compared to the same period in 2024. The number of bills passing committee markup rose by 28%. That’s a win for anyone tired of seeing bills stall over endless amendments.

But here’s the flip side: minority party members filed 58% more formal objections to rejected substitutions in 2025 than in 2024. Why? Because the system makes it harder to challenge the majority’s agenda. The old “automatic substitution right,” which existed since 2007, is gone. Now, if you’re not in the majority, you need near-unanimous support just to make a meaningful change.

Brookings Institution analyst Sarah Binder called it “a fundamental undermining of minority influence.” Her data shows minority amendment adoption rates dropped by 41% since the new rules took effect. Meanwhile, American Enterprise Institute’s Frances Lee argued the changes “restore necessary majority prerogatives after decades of minority obstruction.”

Real-World Examples: What It Looks Like on the Ground

Behind the scenes, the impact is personal. Representative Pramila Jayapal (D-WA) had her proposed substitution to H.R. 1526 rejected in March 2025 because the portal misclassified her changes as Level 3 instead of Level 2. Her team spent hours arguing the revision was just a procedural clarification-not a policy shift. The system didn’t care. The algorithm flagged it as high-risk.

On the other side, Representative Tony Gonzales (R-TX) praised the system after the defense authorization bill markup in May 2025. “It stopped last-minute sabotage amendments,” he said. “We got the bill done without having to fight off 20 surprise changes.”

Staff members feel it too. A May 2025 survey of 127 committee staff found 68% of majority-party staff rated the new system “more efficient,” averaging 4.2 out of 5. Minority-party staff? Only 17% felt the same. The rest gave it a 2.1 out of 5, calling it “restrictive” and “unfair.”

The Technical Hurdles and Learning Curve

It’s not just politics-it’s paperwork. In January 2025, 43% of first-time filers submitted non-compliant requests. They didn’t know how to tag line numbers correctly. They skipped the justification. They misclassified the level. The House Administration Committee responded with 12 detailed guidance memos between January and July 2025, plus mandatory training. By May, the error rate dropped to 17%.

But the learning curve is steep. Committee staff now report an average 14-hour training commitment for new members. And the system still has gaps. The Government Accountability Office found “significant interoperability issues” between the Amendment Exchange Portal and state legislative systems. That matters because lobbyists and advocacy groups often work across federal and state lines.

What’s Next? The Fight Over Transparency

The system is still evolving. In June 2025, Representative Jim Jordan introduced the Substitution Transparency Act (H.R. 4492). It would require all Substitution Review Committee deliberations to be made public within 72 hours. Right now, those meetings are closed. Critics say that’s where partisan bias hides.

Meanwhile, the Senate hasn’t changed its rules. It still only requires 24-hour notice and no committee review. That means a bill can move through the House with tight controls, then hit the Senate where anything goes. That mismatch is creating confusion-and legal questions.

The Constitutional Accountability Center filed an amicus brief in May 2025 arguing the rules “unconstitutionally restrict representative speech.” The Brennan Center warns this could trigger a full rules overhaul after the 2026 elections. The Heritage Foundation thinks these changes are here to stay.

How This Affects Everyone Else

This isn’t just a House insider issue. It affects how laws get written-and who gets heard. Lobbying firms have already adapted. Sixty-three percent of major firms restructured their amendment tracking teams in early 2025, shifting resources from floor lobbying to building relationships with committee staff. Why? Because now, the real power lies in the room before the vote.

And if you’re following a bill that could impact healthcare, environment, or taxes-know this: if it’s being amended in the House, the chances of a last-minute change are lower. But if you’re part of a group pushing for a specific fix, you now have less time, less flexibility, and more bureaucracy to navigate.

What This Means for You

Whether you care about gun control, climate policy, or student loans, these changes matter. The House is now designed to pass bills faster-but only if the majority agrees on the details. If you want to influence a bill, you can’t wait until the last minute. You need to be in the room early, understand the portal, know the levels, and build alliances before the 24-hour deadline hits.

It’s not democracy on pause. It’s democracy with a new rulebook. And if you’re not reading it, you’re not playing the game.