Introducing Bills In Congress: Who Has The Power?

Anyone can draft a bill, but only members of Congress can introduce a bill for consideration. In the House of Representatives, a member can introduce a bill at any time while the House is in session by placing it in the hopper at the side of the Clerk's desk in the House Chamber. In the Senate, the bill is submitted to clerks on the Senate floor. The bill will then receive a designation and a number. The bill is then referred to a committee and printed.

Anyone can write a bill

In the House, bills are then referred by the Speaker, on the advice of the nonpartisan parliamentarian, to all committees that have jurisdiction over the provisions in the bill. Most bills fall under the jurisdiction of one committee. If multiple committees are involved, each committee may only work on the portion of the bill under its jurisdiction. In the Senate, bills are typically referred to only the committee with jurisdiction over the issue that predominates in the bill. In a limited number of cases, a bill might not be referred to committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.

When a bill reaches a committee, it is placed on the committee's calendar. A bill can be referred to a subcommittee or considered by the committee as a whole. It is at this point that a bill is examined carefully and its chances of passage are determined. Hearings provide the opportunity to put on the record the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation. Once hearings are completed, the subcommittee may meet to "mark up" the bill, that is, make changes and amendments prior to recommending the bill to the full committee. If a subcommittee votes not to report the legislation to the full committee, the bill dies. After receiving a subcommittee’s report on a bill, the full committee can conduct further study and hearings, or it can vote on the subcommittee’s recommendations and any proposed amendments. The full committee then votes on its recommendations to the House or Senate. This procedure is called "ordering a bill reported."

Only Congress members introduce bills

Only members of Congress can introduce a bill for consideration. Anyone can draft a bill, but only members of Congress can introduce legislation and become the bill's sponsor. In the House of Representatives, any member may introduce a bill at any time while the House is in session by placing it in the "hopper" at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill, and the bill is then assigned its legislative number by the Clerk.

In the Senate, the bill is submitted to clerks on the Senate floor. Upon introduction, the bill will receive a designation based on the chamber of introduction, for example, H.R. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures. The bill will also receive a number, which is typically the next number available in sequence during that two-year Congress.

In both the House and Senate, bills are then referred to the relevant committees, which have jurisdiction over the provisions in the bill. In the House, the Speaker refers the bill to the appropriate committees, while in the Senate, this is typically done by the committee with jurisdiction over the issue. In some cases, a bill may be referred to multiple committees if it covers issues that fall under the jurisdiction of more than one committee.

The committee action phase is an important part of the legislative process, as it involves intense consideration of the proposed measures and provides an opportunity for public input. The committee may refer the bill to a subcommittee for further study and hearings, or it can vote on the bill and any proposed amendments. If the committee does not act on a bill, it is effectively killed.

Bills are introduced in the House or Senate

In the House, a bill is introduced when it is dropped in the hopper—a wooden box on the House floor. The sponsor's signature must appear on the bill, and it may have an unlimited number of co-sponsors. The bill is then assigned a legislative number by the Clerk and referred to the appropriate committee by the Speaker, with the assistance of the Parliamentarian. The bill is then printed in its introduced form.

In the Senate, the bill is submitted to clerks on the Senate floor. It is then referred to the committee with jurisdiction over the issue that predominates in the bill. In a limited number of cases, a bill might not be referred to a committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.

Bills may be referred to more than one committee if they cover issues that fall under the jurisdiction of multiple committees. When a bill reaches a committee, it is placed on the committee's calendar. A bill can be referred to a subcommittee or considered by the committee as a whole. Hearings provide the opportunity to put on record the views of experts, supporters, and opponents of the bill.

Bills are referred to committees

In the House, bills are referred by the Speaker, with the assistance of the Parliamentarian, to the committees that have jurisdiction over the provisions in the bill. This referral is based on the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of a single committee. However, in cases where multiple committees are involved, each committee works exclusively on the portion of the bill that falls under its jurisdiction. One committee is designated as the primary committee of jurisdiction and typically takes the lead on any actions.

In the Senate, the process is similar, but the bill is usually referred to only the committee with jurisdiction over the predominant issue in the bill. In rare cases, a bill may bypass the committee stage and be placed directly on the Senate Calendar of Business through specific procedural steps.

The referral of bills to committees is an important phase of the legislative process, as it allows for intense consideration of the proposed measures and provides an opportunity for public input. Each piece of legislation is referred to the committee with jurisdiction over the area affected by the bill's provisions.

The committees involved in the legislative process play a crucial role in shaping and refining the bills before they move forward in the legislative journey. They provide a platform for detailed analysis, public participation, and initial decision-making, setting the stage for further actions on the bill by the House or Senate.

The President can propose a bill

While only a member of Congress can introduce a bill, the President can propose a bill and even send Congress a presidential message urging its enactment into law. The President usually sends draft legislation to Congress with a letter or other explanatory materials discussing the reasons for submitting the legislation. Sometimes, the House will order a presidential bill and its explanatory material to be printed as an official House Document.

The President, as the head of the executive branch, is not required to implement any law. One way to slow the process of implementation is to not promulgate regulations. The regulatory process is governed by the Administrative Procedure Act of 1946, and there is only one official source in which all phases of the regulatory process are reported: the daily Federal Register. An agency can, but is not required to, issue an "advance notice of proposed rulemaking" (ANPRM), discussing its intention to issue a regulation. This discussion may include a general summary of the agency's proposal, but it will not include specific language.

In the House, a bill is introduced when it is dropped in the hopper (a wooden box on the House floor). In the Senate, the bill is submitted to clerks on the Senate floor. Upon introduction, the bill will receive a designation based on the chamber of introduction, for example, H.R. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures. It will also receive a number, typically the next number available in sequence during that two-year Congress. In the House, bills are then referred by the Speaker, on the advice of the nonpartisan parliamentarian, to all committees that have jurisdiction over the provisions in the bill, as determined by the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of one committee. If multiple committees are involved and receive the bill, each committee may work only on the portion of the bill under its jurisdiction.

In the Senate, bills are typically referred to committee in a similar process, though almost always, the bill is referred only to the committee with jurisdiction over the issue that predominates in the bill. In a limited number of cases, a bill might not be referred to committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor. An important phase of the legislative process is the action taken by committees. It is during committee action that the most intense consideration is given to the proposed measures; this is also the time when the people are given the opportunity to be heard. Each piece of legislation is referred to the committee that has jurisdiction over the area affected by the measure. The chair invites witnesses to appear at hearings to testify on the subject, but only at investigative hearings do witnesses testify under oath. The bill's sponsor or most important co-sponsor(s) are expected to appear to defend their proposed legislation.

Frequently asked questions