"Sense of the Congress" resolutions don't make sense to me -- I'm told they don't have the force of law. Why do they bother passing a bill that can't possibly be enforced? Bethesda, Maryland - 3/28/01

So-called "sense of" language has been controversial for a long time. Such language does not make law, it only expresses congressional opinion. In essence, the Congress is giving out free advice when it passes these provisions. "Sense of" language can come in the form of a (1) Concurrent Resolution [sense of Congress], a (2) Simple Resolution -- H.Res. or S.Res. [sense of House alone or Senate alone], or (3) as any one of these types of provisions in the form of an amendment to a House or Senate bill.

"Sense of" language is unenforceable because Simple and Concurrent Resolutions do not make law (only Bills and Joint Resolutions make law). These provisions are used for other reasons. For example:

• for political cover -- to get people on the record as supporting or opposing a generic concept as part of a larger political strategy.

• for political persuasion -- to get their colleagues to agree to certain principles that they will find hard to retreat from when specific bills come before them in the future (e.g. on March 25, 1999 the Senate adopted 50 (!) "sense of the Senate" amendments to the Congressional Budget Resolution urging "adequate" funding levels for a favored program or advocating specific tax breaks).

• to encourage the President to take a specific action (e.g. the Senate passed a resolution last year expressing the sense of the Senate that the treatment of women and girls by the Taliban in Afghanistan was unacceptable and advising the President to take actions against Afghanistan in the U.N. General Assembly).

• to communicate the views of the people of the United States to a foreign nation (e.g. the House has passed resolutions expressing support for dissidents in Cuba and demanding that Cuba release political prisoners, legalize political parties and labor unions, and schedule free elections).

• to extend congratulations or gratitude from the Congress to an individual citizen or a group (e.g. support for our troops abroad or praise for our Olympic athletes).

Foreign policy professionals have long complained that foreign nations do not always understand that "sense of Congress" resolutions have no force of law behind them and that countries have taken offense, sometimes making tenuous relationships with our country even worse. However, at times, Administration officials probably have used these congressional resolutions to press points in negotiations with another country.

Domestically, the average citizen also may not always understand that these acts of Congress do not reach the level of law and read more importance into them than exists. However, there political rewards and tactical advantages associated with "sense of" provisions or this practice would not continue.

To see current examples of "sense of Congress" resolutions, go to the THOMAS website , click on "bill summary and status" for the 107th Congress. Select the "word/phrase" search feature and use the keywords "sense of Congress" search box. You will find over 100 such resolutions listed -- and this Congress is still young!