Introducing a House Bill or Resolution (CRS Report for Congress)
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| Release Date |
Revised Jan. 31, 2019 |
| Report Number |
R44001 |
| Report Type |
Report |
| Authors |
Mark J. Oleszek, Analyst on Congress and the Legislative Process |
| Source Agency |
Congressional Research Service |
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Summary:
Authoring and introducing legislation is fundamental to the task of representing voters as a
Member of Congress. In fact, part of what makes the American political process unique is that it
affords all Members an ability to propose their own ideas for chamber consideration. By
comparison, most other democratic governments around the world rely on an executive official,
often called a premier, chancellor, or prime minister, to originate and submit policy proposals for
discussion and enactment by the legislature. Legislators serving in other countries generally lack
the power to initiate legislative proposals of their own.
In the American political system, ideas and recommendations for legislation come from a wide
variety of sources. Any number of individuals, groups, or entities may participate in drafting bills
and resolutions, but only Members of Congress may formally introduce legislation, and they may
do so for any reason.
When a Representative has determined that a bill or resolution is ready for introduction, it is
placed in the box, or “hopper,” at the bill clerk’s desk on the chamber floor when the House is in
session. The sponsor must sign the measure and attach the names of any original cosponsors on a
form provided by the Clerk’s office. Cosponsors do not sign the bill, but sponsors are “strongly
advised” in a Dear Colleague letter from the Speaker’s office to include a cosponsor’s original
signature on the cosponsorship form during the 115th Congress (2017-2018). Since the 112th
Congress, House rules have required Members to provide at the time of introduction a statement
of constitutional authority indicating why Congress has the authority to enact the proposed bill or
joint resolution. There is no House rule that introduced bills and resolutions must be prepared by
the House Office of the Legislative Counsel, but that office plays an important role by providing
Members and staff, at their request, with drafts of legislation. Use of the office by Members and
staff is nearly universal.
Once introduced, the Speaker refers legislation to one or more committees based primarily on
how its contents align with the subject matter jurisdictions of committees established in clause 1
of House Rule X. In practice, the Office of the Parliamentarian advises the Speaker in these
referral decisions, and the Parliamentarian’s recommendations are followed in virtually every
case.
This report is intended to assist Members and staff in preparing legislation for introduction. Its
contents address essential elements of the process, including bill drafting, the mechanics of
introduction, and the roles played by key House offices involved in the drafting, submission, and
referral of legislation. Statistics on introduced measures are presented in the final section, and a
brief explanation of patterns of introduction over time is also provided.
