Introducing a Senate Bill or Resolution (CRS Report for Congress)
Release Date |
Revised March 30, 2023 |
Report Number |
R44195 |
Report Type |
Report |
Authors |
Mark J. Oleszek, Analyst on Congress and the Legislative Process |
Source Agency |
Congressional Research Service |
Older Revisions |
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Summary:
Authoring and introducing legislation is fundamental to the task of representing voters as a U.S.
Senator. Part of what makes the American political process unique is that it affords all Senators 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 Senators may formally introduce legislation in the Senate, and they may
do so for any reason.
When a Senator has determined that a bill or resolution is ready for introduction, it can be
delivered to the bill clerk’s desk on the chamber floor when the Senate is in session. The sponsor
must sign the measure and attach the names of any original cosponsors on a separate form.
Cosponsors do not sign the bill. There is no Senate rule that introduced bills and resolutions must
be prepared by the Senate Office of the Legislative Counsel, but the office plays an important role
by providing Senators and staff, at their request, with drafts of legislation. Use of the office by
Senators and staff is nearly universal.
Once introduced, the Senate Parliamentarian, acting on behalf of the presiding officer, refers
legislation to committee based primarily on how its contents align with the subject matter
jurisdictions of committees established in Senate Rule XXV. Multiple referral is rare in the Senate
due to Senate Rule XVII, which states that a measure is referred to the committee with
“jurisdiction over the subject matter which predominates in such proposed legislation.”
This report is intended to assist Senators 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 Senate offices involved in the drafting, submission, and
referral of legislation. Statistics on introduced bills and resolutions are presented in the final
section to illustrate patterns of introduction in recent Congresses.