Introducing a Senate Bill or Resolution

Introducing a Senate Bill or Resolution

Introducing a Senate Bill or Resolution
Mark J. Oleszek
Analyst on Congress and the Legislative Process
July 7, 2014
Congressional Research Service
7-5700
www.crs.gov
98-459

Introducing a Senate Bill or Resolution

Developing Ideas for Legislation
Ideas and recommendations for legislation come from a wide variety of sources: individual
Senators, committees and other Senate work groups, and party and chamber leaders; executive
branch agencies and the White House; states and localities; and ordinary citizens or interest
groups. Any or all of these entities may also participate in drafting measures.
Some of the most common considerations that may be taken into account when preparing the
initial draft of a bill are the following:
• To which committee is the measure likely to be referred?
• How can the measure attract cosponsors?
• Does the measure have bipartisan appeal?
• Is the measure best introduced early or late in a session of Congress?
• What are the budgetary or appropriations implications?
Senate Office of the Legislative Counsel
The Senate Office of the Legislative Counsel usually plays a critical role in drafting legislation,
although there is no requirement that the office draft bills or resolutions. Its staff attorneys are
both subject-matter specialists and experts in legislative drafting. The office is at 668 Dirksen
Senate Office Building (4-6461). Legislative counsel staff are often assigned to a committee or
committees and focus almost exclusively on related policy areas in which they are expert. They
act as nonpartisan, shared staff, working closely with committee members and staff. Personal
office staff assigned responsibility for drafting legislation may seek assistance from legislative
counsel at any stage. Numerous drafts of a bill or resolution may be required before the measure
is formally introduced.
The Senate Committee on Rules and Administration has set the drafting priorities of the Office of
the Legislative Counsel as follows: (1) measures in conference, (2) measures pending on the
floor, (3) measures pending before a committee, and (4) measures to be prepared for individual
Senators. Within each of these categories, priority is given to requests in the order they are
received.
Guidelines for expediting requests for assistance from the Office of the Legislative Counsel are to
be found by searching the Senate’s Webster website at http://webster.senate.gov. Only Senate
offices have access to Webster.
Seeking Cosponsors
When a Senator introduces a measure, he or she commonly attaches a form bearing the names of
cosponsors. Before the bill is introduced, Senators may become cosponsors by contacting the
office of the chief sponsor and requesting that their names be added to the bill or resolution.
Initial cosponsors can be added until the measure is presented to the clerk in the Senate chamber.
There is no limit on the number of cosponsors.
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Introducing a Senate Bill or Resolution

One of the most common techniques for informing Senators of the pending introduction of a bill
or resolution, and for soliciting support, is the “Dear Colleague” letter, sent to most or all
Senators. Typically, these letters briefly state the issue the measure addresses, the measure’s
significant features, and an appeal to become a cosponsor. Almost always, they carry the name
and phone number of a staff aide to contact about cosponsoring the bill.1
Introducing a Bill or Resolution
At the beginning of each new Congress, the Senate adopts a standing order allowing Senators to
introduce measures at any time the chamber is in session by presenting them to a clerk at the
desk. Most measures are introduced in this fashion. Senators may also introduce measures from
the floor as part of “morning business” under Rule VII. In practice, however, morning business
seldom occurs as provided in Rule VII. Instead, on most days, the Senate provides by unanimous
consent that a period for transacting routine morning business occur at some point. Senators may
introduce measures from the floor during this period.
To be introduced for Senate consideration, a measure must be signed by the sponsoring Senator.
If Senators wish to accompany the measure with a statement, they may either deliver the
statement during morning business, or at any other time, or they may ask unanimous consent to
insert the statement in the Congressional Record. By unanimous consent, the text of the measure
also is typically included.
Referral
Senate Rule XIV requires that all bills and resolutions be read twice before they are referred to
committees. Committee jurisdictions are set forth in Rule XXV. Referral decisions are made by
the Senate parliamentarian’s office acting on behalf of the presiding officer. Under the provisions
of Rule XVII, a measure is referred to the committee with “jurisdiction over the subject matter
which predominates.” Multiple referrals occur only occasionally.2 A procedure in Rule XIV
allows an introduced measure to be placed directly on the calendar of business without being first
referred to a standing committee.3

1 For further information these practices, see CRS Report 98-279, Sponsorship and Cosponsorship of Senate Bills, by
Mark J. Oleszek, and CRS Report RL34636, “Dear Colleague” Letters: Current Practices, by Jacob R. Straus.
2 For further information on the referral of measures in the Senate, see CRS Report 98-242, Committee Jurisdiction and
Referral in the Senate, by Judy Schneider.
3 For further information on Rule XVI, see CRS Report RS22309, Senate Rule XIV Procedure for Placing Measures
Directly on the Senate Calendar, by Michael L. Koempel and Christina Wu.
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Introducing a Senate Bill or Resolution

Author Contact Information

Mark J. Oleszek

Analyst on Congress and the Legislative Process
moleszek@crs.loc.gov, 7-7084

Acknowledgments
This report was originally prepared by former CRS Specialist Richard C. Sachs. Please direct any inquiries
to the listed author.

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