Introducing a Senate Bill or Resolution
Updated February 2, 2021
Congressional Research Service
https://crsreports.congress.gov
R44195




Introducing a Senate Bill or Resolution

Summary
Authoring and introducing legislation is fundamental to the task of representing voters as a U.S.
Senator. In fact, part of what makes the American political process unique is that it affords al
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 cal ed a
premier, chancel or, or prime minister, to originate and submit policy proposals for discussion and
enactment by the legislature. Legislators serving in other countries general y 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 bil s
and resolutions, but only Senators may formal y introduce legislation in the Senate, and they may
do so for any reason.
When a Senator has determined that a bil or resolution is ready for introduction, it can be
delivered to the bil clerk’s desk on the chamber floor when the Senate is in session. The sponsor
must sign the measure and may attach the names of any original cosponsors on a separate form.
Cosponsors do not sign the bil . There is no Senate rule that introduced bil s 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 committees based primarily on how its contents align with the subject matter
jurisdictions of committees established in Senate Rule XXV. Referral to multiple committees 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 bil 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 bil s and resolutions are presented in the final
section to il ustrate patterns of introduction in recent Congresses.
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Contents
Developing Ideas for Legislation ....................................................................................... 1
Drafting Legislation ........................................................................................................ 3
Seeking Cosponsors ........................................................................................................ 3
Introducing a Bill or Resolution ........................................................................................ 4
Committee Referral ......................................................................................................... 4
Statistics on Introduced Measures ...................................................................................... 5

Tables
Table 1. Statistics on Introduced Measures, 1973-2020 ......................................................... 6

Contacts
Author Information ......................................................................................................... 7
Acknowledgments........................................................................................................... 7

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Introducing a Senate Bill or Resolution

Developing Ideas for Legislation
“Ideas can come from anywhere,” a scholar of American politics once wrote.1 To be sure, ideas
and recommendations for legislation come from a wide variety of sources, such as individual
Senators; committees and other Senate working groups; legislative staff; party and chamber
leaders; executive branch agencies and the White House; states and localities; members of the
media; citizens; and interest groups. Any or al of these individuals or entities may participate in
drafting legislation, but only a Senator may formal y introduce legislation in the Senate. Some
common considerations taken into account when drafting a bil include the following:
What problem does the bill seek to address? Understanding the source of a
problem is necessary in order to properly address it. An abundance of
information is available to Senators in the form of reports, studies, and
presentations offered by a wide range of individuals, groups, and organizations,
including CRS. Soliciting expert testimony in the context of a committee hearing
is another common method by which the Senate gathers relevant information for
use in policymaking.2
To what committee is it likely to be referred? Committee referral can matter
because one committee might be especial y receptive to the proposed legislation
in comparison to another committee. Senators may also prefer that their bil be
referred to a committee on which they serve in order to ensure continued
involvement at the committee stage of proceedings.
Will the bill attract cosponsors? Cosponsorship conveys a Senator’s support for
a measure, so bil s that attract many cosponsors could be seen as enjoying broad
support within the chamber. A measure with many cosponsors, especial y if they
include committee and party leaders, could encourage the relevant committee
chair to take some action on the legislation, such as hold hearings on it.
Does it have bipartisan appeal? Senate rules tend to favor deliberation over
decision, so building a coalition of support for a proposal can take time. With few
limits on Senate debate, reaching a final vote on legislation often requires a
supermajority of 60 Senators to bring debate to a close, so some amount of
bipartisan cooperation usual y is needed to secure final passage.3 Measures that
are limited in scope but have broad bipartisan appeal may be passed (or
“cleared”) by unanimous consent with minimal floor time expended. The
Senate’s clearance system (or “hotline”) can facilitate swift action on

1 John Kingdon, Agendas, Alternatives, and Public Policies (Boston: Little, Brown and Company, 1984), p. 75.
Kingdon’s account of the policymaking process offers insights into why some ideas but not others make their way into
law. See also CRS Report RS21169, Sources of Legislative Proposals: A Descriptive Introduction, by Judy Schneider.
2 For information on how to prepare for a committee hearing, see CRS Report 98-489, Senate Committee Hearings:
Preparation
, by Valerie Heitshusen.
3 Senate Rule XXII (cloture) provides the only formal mechanism (absent unanimous consent) to end debate on an
issue and bring it to a vote. If 60 or more Senators (assuming no more than one vacancy) vote to invoke cloture on a
bill, then consideration is capped at 30 additional hours and a final vote is scheduled to take place at the conclusion of
that time. Information on the operation of cloture can be found in CRS Report 98-425, Invoking Cloture in the Senate,
by Christopher M. Davis. On Senate floor procedures more generally, see CRS Report 96-548, The Legislative Process
on the Senate Floor: An Introduction
, by Valerie Heitshusen.
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Introducing a Senate Bill or Resolution

noncontroversial proposals, but this pathway can be blocked by even a single
objection.4
What are the budgetary implications? The Senate places a number of
restrictions on legislation with budgetary consequences. For instance, if a
proposal adds to the federal deficit, it may be subject to a point of order on the
chamber floor for violating congressional budget rules (many of which are
codified in the Congressional Budget Act of 1974).5 Support for a measure may
also hinge on how its costs are paid for. Senators may agree about the merits of a
bil but disagree with how its provisions are funded.
Should companion legislation be introduced in the House? To become law, a
bil or joint resolution must pass both houses of Congress in identical form (with
the same text and bil number) and be signed by the President.6 For this reason,
Senate sponsors sometimes encourage their al ies in the House to introduce
identical or similarly worded legislation into that body to encourage bicameral
consideration.7 Companion bil s might also attract wider public and Member
attention to the issues addressed in the legislation.
Is the measure best introduced at the beginning, in the middle, or toward the
end of a Congress? Timing the introduction of a measure can be important.
Comprehensive legislation is likely to require a great deal of time to work
through, both in committee and on the floor. An early introduction wil give the
Senate more time to examine the measure’s provisions. Advantage might also be
gained by being the first to address an issue. Those who move first tend to attract
media attention and may be seen by their colleagues as exercising leadership in
that particular policy area.
Can benefit be gained by a delayed introduction? Strategic delay is another
option. This approach might provide more time for an individual or committee to
study the issue and build support for a preferred solution. To be sure, many bil s
do not follow a linear (or “regular order”) legislative process—introduction,
consideration in committee, and arrival on the floor for further debate and
amendment, with committee and floor proceedings on the bil taking place in the
House as wel .8 For example, a legislative proposal that had languished in
committee might suddenly be taken up in the Senate because it deals with an
unfolding crisis or emergency.

4 T he “hotline” is a special telephone and email system that connects Senate offices to the majority or minority
cloakrooms. Senate leaders use the hotline to transmit notifications and unanimous consent requests regarding the
Senate’s legislative agenda and schedule.
5 For information on the enforcement of budget rules, see CRS Report 97-865, Points of Order in the Congressional
Budget Process
, by James V. Saturno. For an overview of the federal budget pro cess, see CRS Report R46240,
Introduction to the Federal Budget Process, by James V. Saturno.
6 Only bills and joint resolutions can make or change law, while simple and concurrent resolutions are used to address
matters that are internal to one or both chambers of Congress. For examples of how each is used, see CRS Report
R46603, Bills, Resolutions, Nom inations, and Treaties: Characteristics and Exam ples o f Use, by Jane A. Hudiburg.
7 For information on methods to resolve bicameral differences, see CRS Report 98-696, Resolving Legislative
Differences in Congress: Conference Com m ittees and Am endm ents Between the Houses
, by Elizabeth Rybicki.
8 For different perspectives of what might constitute “regular order” lawmaking, see CRS Report R46597, The
“Regular Order”: A Perspective
, by Walter J. Oleszek.
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Drafting Legislation
There is no Senate rule that requires introduced bil s and resolutions to be prepared by the Office
of the Legislative Counsel. Senators can receive drafts of bil s from executive officials, interest
groups, and others. Stil , 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.
Its staff attorneys are experts in legislative drafting, and they focus almost exclusively on policy
issues within their areas of expertise. Legislative attorneys are often assigned to serve a specific
committee as a kind of nonpartisan, shared staff. They work closely with committee members and
staff to ensure that a bil ’s language and form match the intent of its sponsor and adhere to
drafting rules and linguistic traditions of the Senate.
Several drafts may be required before a measure is ready for formal introduction. Those drafting
legislation may seek assistance from the Office of Legislative Counsel at any stage. Al
communications with the office are treated as confidential. The office is located in Room 668 of
the Dirksen Senate Office Building and can be reached at extension 4-6461 or by sending an
email request to Receptionist@slc.senate.gov.9
The number of requests to draft bil s and amendments has nearly doubled over the past 10 years,
from roughly 20,000 requests handled by the office during the 109th Congress (2005-2006) to
more than 40,000 in more recent congresses. To guide the management of its workload, the
Senate Committee on Rules and Administration has established a system for prioritizing requests
received by the office. Measures currently in conference committee receive the highest priority,
followed by amendments to measures pending on the Senate floor. Measures being considered in
committee are prioritized next, followed by proposals drafted at the request of individual
Senators. Within each of these categories, priority is given to requests in the order they are
received. Given the volume of its work, it is advisable to give the office as much advance notice
as possible when making a drafting request. Depending on the nature of the policy area, the
workload of the office, and other factors, it can take substantial time to draft legislation,
especial y if it addresses complex issues or involves multiple subject areas.10
Seeking Cosponsors
When Senators introduce a measure, they commonly attach a form listing the names of
cosponsors.11 Cosponsorship signifies a Senator’s support for the proposal. Prior to its
introduction, Senators may cosponsor a measure by contacting the sponsor of the legislation and
requesting that their names be added in support of the bil or resolution. Initial (or “original”)
cosponsors can be added until the measure is presented to the bil clerk in the Senate chamber.
Thereafter, unanimous consent is required to include additional cosponsors on the measure. There
is no limit on the number of cosponsors a measure may attract. Cosponsors do not sign the bil ,
but the sponsor is required to.

9 Additional information on the Office of Legislative Counsel and the drafting services it provides can be found in CRS
Report RS20856, Office of Legislative Counsel: Senate, by Matthew E. Glassman, as well as on the office’s website, at
http://www.slc.senate.gov/.
10 Guidelines for expediting requests for drafting assistance can be found on Webster, the Senate’s internal website, at
http://webster.senate.gov. Only Senate offices have access to Webster.
11 Cosponsorship forms are available for download in portable document format (PDF) at http://webster.senate.gov.
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A “Dear Colleague” letter sent to most or al Senators is a common technique for informing
Senators of the pending introduction of a bil or resolution, and for soliciting support. Typical y,
these letters briefly state the issue the measure addresses, the measure’s significant features, and
an appeal to become a cosponsor. These letters almost always include the name and telephone
number of a staff aide to contact about cosponsoring the bil .12
Introducing a Bill or Resolution
At the beginning of each new Congress, the Senate traditional y adopts a standing order al owing
Senators to introduce measures at any time the chamber is in session by presenting them to the
bil clerk seated at the desk on the Senate floor.13 A measure must be signed by the sponsoring
Senator in the top right hand corner before it can be introduced. Printing should be one-sided, and
staff contact information should be written on the back of the last page of the bil . There is no
limit on the number of measures a Senator may introduce, and Senators may propose legislation
for any reason. Between 1973 and 2020, Senators introduced an average of about 40 bil s and
resolutions per Congress.14 Statistics on introduced bil s and resolutions are provided in Table 1.
Senators who wish to make a statement on the measure may deliver their remarks during morning
business (which is common) or at another point during the day, or they may ask unanimous
consent to insert their statement in the Congressional Record.15 These statements appear in the
“Statements on Introduced Bil s and Joint Resolutions” section. By unanimous consent, the text
of the measure is also typical y printed in the Record.
Senators and staff may also consider devising an attention-grabbing title for their legislation, such
as the USA-Patriot Act (“Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism”). Such titles might attract media attention and
notice by other lawmakers.
Although rare, a Senator may object to the introduction of a bil or joint resolution. If objection is
heard, the bil may be introduced on the following legislative day (or anytime thereafter) as a
matter of right under paragraph 1 of Rule XIV.
Committee Referral
Referral decisions are made by the Senate Parliamentarian acting on behalf of the presiding
officer. Referral occurs primarily on the basis of committee jurisdictions set forth in Senate Rule

12 For further information on these practices, see CRS Report 98-279, Sponsorship and Cosponsorship of Senate Bills,
by Mark J. Oleszek.
13 Congressional Record, daily edition, vol. 167 (January 3, 2021), S8. Most measures are introduced in this fashion.
Senators may also introduce measures from the floor as part of “morning business” under Senate Rule VII. In practice,
however, morning business seldom occurs as provided in Rule VI I. Instead, on most days, the Senate arranges by
unanimous consent a period for transacting routine morning business to occur at some later point.
14 T his number includes bills (S.), joint resolutions (S.J.Res.), concurrent resolutions (S.Con.Res.), and sim ple
resolutions (S.Res.).
15 Morning business in this context refers to the common practice of dedicating a period of time during the day for
Senators to speak on the floor on any topic for up to 10 minutes. When Senators and staff refer to “morning business,”
it is usually in this context. Senators recognized on the floor may also request unanimous consent to speak “as if in
morning business,” which is to say, on a topic of their choosing.
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XXV. Under the provisions of Senate Rule XVII, a measure is referred to the committee with
“jurisdiction over the subject matter which predominates in such proposed legislation.”
The word “predominates” in Rule XVII implies a majority standard by which subject matter is
determined, which at times can arouse inter-committee disagreements as only a single subject can
be considered predominant. Multiple referral occurs only occasional y in the Senate on account of
Rule XVII, and in almost al cases is made by unanimous consent or standing order.16 When
referring a measure to committee, the Parliamentarian might begin by asking two related
questions: “What is this measure mainly about?” and “What committee has subject matter
jurisdiction that corresponds most closely to the measure’s main subject?”
Senate Rule XIV requires that al bil s and resolutions be read twice before they are referred to
committee, but rarely is this requirement strictly adhered to.17 Measures are typical y referred
immediately if there is no objection, and this is what occurs in the large majority of cases. (House
bil s and resolutions messaged to the Senate are often referred immediately as wel .) A procedure
in Rule XIV al ows an introduced (or House-received) bil or joint resolution to be placed directly
on the calendar of business without first being referred to a standing committee.18
Statistics on Introduced Measures
The number of bil s and resolutions introduced in the Senate fluctuates over time as Table 1
shows. There is little reason to expect that the demand for legislation would stay constant over
this period; new issues arise, those that exist are dealt with, and old issues fade away. The 116th
Congress (2019-2020) reached a high point with 6,028 introductions, while the 104th Congress
(1995-1996) fal s at the lower end of recent congresses with 2,628 introduced bil s and
resolutions.
Most introduced measures are bil s, as shown in the second column of Table 1. Only bil s and
joint resolutions can make or change law; concurrent and simple resolutions are used primarily to
address internal matters of one or both chambers. For instance, a concurrent resolution is used to
organize a joint session of Congress to receive the President’s State of the Union address. A
simple resolution would be appropriate to address Senate-related matters, such as proposals to
amend the standing rules of the chamber. Legislation to honor or celebrate an individual, group,
or event may also be drafted as a simple or concurrent resolution.
Most measures are introduced by individual Senators, but Senate committees may also report an
“original” bil for chamber consideration. As Senate Rule XXV states, standing committees have
“leave to report by bil or otherwise on matters within their respective jurisdictions.” This means
that committees do not have to wait for measures to be referred to them in order to act. The
relevant committee chair is general y considered the sponsor in these instances, although the
measure is perhaps best understood as a product that incorporates views and input from other
committee members as wel . Original bil s may not have cosponsors.

16 Section 3(a) of Senate Rule XVII allows a measure to be referred t o multiple committees by joint motion of the
majority and minority leaders (or their designees), but this motion seems to have never been used.
17 T he first and second readings occur on the title of a measure; legislative text is not read in full unless the Senate
orders otherwise.
18 For more information on Senate Rule XIV, see CRS Report RS22309, Senate Rule XIV Procedure for Placing
Measures Directly on the Senate Calendar
, by Christopher M. Davis. On the Senate’s calendar of Business, or
legislative calendar, see CRS Report 98-429, The Senate’s Calendar of Business, coordinated by Elizabeth Rybicki.
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Table 1. Statistics on Introduced Measures, 1973-2020
Joint
Concurrent
Simple
Number of
Bills
Resolutions
Resolutions
Resolutions
Introductions
Senate (Years)
Introductions
Introduced
Introduced
Introduced
Introduced
per Senator
93rd (1973-74)
4,340
3,552
263
125
400
43
94th (1975-76)
4,234
3,291
215
212
516
42
95th (1977-78)
3,861
3,017
169
115
560
39
96th (1979-80)
3,620
2,728
214
139
539
36
97th (1981-82)
3,599
2,691
272
135
501
36
98th (1983-84)
3,720
2,753
358
154
455
37
99th (1985-86)
3,778
2,692
431
175
480
38
100th (1987-88)
3,818
2,756
395
170
497
38
101st (1989-90)
4,089
3,184
388
159
358
41
102nd (1991-92)
4,185
3,330
346
143
366
42
103rd (1993-94)
3,121
2,515
232
80
294
31
104th (1995-96)
2,628
2,165
65
74
324
26
105th (1997-98)
3,123
2,619
60
130
314
31
106th (1999-00)
3,843
3,233
56
162
392
38
107th (2001-02)
3,734
3,153
53
160
368
37
108th (2003-04)
3,679
2,998
42
152
487
37
109th (2005-06)
4,869
4,071
41
123
634
49
110th (2007-08)
4,582
3,700
46
107
729
46
111th (2009-10)
4,846
4,019
42
78
707
48
112th (2011-12)
4,426
3,680
51
65
630
44
113th (2013-14)
3,680
2,988
47
44
601
37
114th (2015-16)
4,274
3,533
41
58
642
43
115th (2017-18)
4,680
3.805
69
59
747
47
116th (2019-20)
6,028
5,086
82
52
808
60
Senate Average
4,032
3,073
166
120
515
40
Source: Congress.gov
Notes: The column “Number of Introductions” includes al public bil s (S.), joint resolutions (S.J.Res.),
concurrent resolutions (S.Con.Res.), and simple resolutions (S.Res.) introduced in the Senate during each two-
year period. This includes measures that committees reported as original bil s. “Introductions per Senator” was
calculated by dividing the number of introductions during each period by the membership of the Senate. On this
measure, committee chairs tend to be more frequent sponsors than non-chairs in part because original bil s
produced by Senate committees and reported to the ful chamber are considered to be sponsored by the chair
of the relevant committee.
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Author Information

Mark J. Oleszek

Analyst on Congress and the Legislative Process


Acknowledgments
A short version of this report was originally prepared by former CRS Specialist Richard C. Sachs.
Congressional clients may direct any inquiries to the current author.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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