[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 16. Introduction]
[Â§ 1. Introduction]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2471-2476]
 
                               CHAPTER 16
 
          Introduction and Reference of Bills and Resolutions
 
Sec. 1. Introduction


    Procedures relating to the introduction of petitions, memorials, or 
bills, both public1(1) and private,1(2) are 
outlined in the House Rules. In general, such bills and other documents 
are filed with the Clerk (by placing them in the hopper at the Clerk's 
desk).1(~3~)
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 1. Rule XXII clause 4, House Rules and Manual Sec. 854 (1973).
 2. Rule XXII clause l, House Rules and Manual Sec. 849 (1973).
 3. For discussion of precedents affecting introduction and reference 
        of bills prior to 1936, see, for example, 4 Hinds' Precedents 
        Sec. Sec. 3364-3366; and 7 Cannon's Precedents Sec. Sec. 1027-
        1033.
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    Rules of the House also regulate the introduction ``by request'' of 
bills, resolutions, and memorials,(4) and prohibit certain 
private bills.(5)
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 4. Rule XXII clause 6, House Rules and Manual Sec. 860 (1973). See 
        Sec. 1.2, infra, for further discussion.
 5. Rule XXII clause 2, House Rules and Manual Sec. 852 (1973).
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    Bills and resolutions may be introduced either by Members in the 
House, or by message from the Senate.(6) But a bill may not 
be introduced by a Member-elect prior to taking the oath.
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 6. See Sec. 1.1, infra.
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    Generally, bills and resolutions are introduced by Members actually 
present in the House; but on at least one occasion, the House, by 
unanimous consent, permitted the introduction of bills notwithstanding 
the absence of their sponsor.(7) Similarly, while the 
introduction of proposed legislation usually occurs when the House is 
in session, the introduction of a bill after adjournment has been 
authorized by unanimous consent.(8) 
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 7. See Sec. 1.3, infra.
 8. See Sec. 1.4, infra.
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    Although most bills are introduced by Members who support their 
passage, the House on occasion has received and considered bills 
introduced by Members opposed to their passage.(~9)
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 9. See Sec. 1.6, infra.                          -------------------
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Methods of Introduction

Sec. 1.1 Bills may be introduced by Members in the House or are 
    received in the House by message from the Senate.

    On Jan. 14, 1937,(10) Mr. John J. O'Connor, of New York, 
called up a resolution (11) which provided
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10. 81 Cong. Rec. 236, 237, 243, 75th Cong. 1st Sess.
11. H. Res. 60.
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[[Page 2472]]

for the referral to a Select Committee on Government Organization of 
``All bills and resolutions introduced in the House proposing 
legislation concerning reorganization, coordination, consolidation, or 
abolition of, or reduction of personnel in, organizations or units in 
the executive branch of the Government.'' Following the presentation of 
the resolution, the following proceedings occurred:

        Mr. [Samuel B.] Pettengill [of Indiana]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: (12) The gentleman will state it.
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12. William B. Bankhead (Ala.).
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        Mr. Pettengill: In reference to the words in lines 7 and 8, 
    ``introduced in the House'', a bill or resolution which came over 
    from the Senate which, had it been introduced in the House, would 
    go to this select committee, would then go to the Committee on 
    Expenditures in the Executive Departments, would it not?
        The Speaker: Replying to the gentleman's inquiry, it is the 
    present opinion of the Chair that any bills that came from the 
    Senate would be introduced in the House by a message from the 
    Senate and would properly be referred to this select committee if 
    they were within the jurisdiction of the committee.

Introduction of Petitions ``by Request''

Sec. 1.2 A citizens' petition is sometimes introduced by a Member ``by 
    request'' and referred to a committee pursuant to Rule XXII clause 
    6, in which case the words ``by request'' are entered on the 
    Journal and printed in the Record following the name of the Member.

    On Apr. 13, 1961,(13) Mr. Perkins Bass, of New 
Hampshire, introduced (by request) the petition (14) of 67 
faculty members of Dartmouth College seeking the elimination of the 
House Committee on Un-American Activities as a standing committee. 
Following its receipt, the petition was referred to the Committee on 
Rules.
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13. 107 Cong. Rec. 5900, 87th Cong. 1st Sess.
14. No. 118.
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Effect of Sponsor's Absence

Sec. 1.3 On one occasion, the House, by unanimous consent, permitted a 
    Delegate to introduce bills notwithstanding his absence from the 
    House that day.

    On Jan. 3, 1953,(15) Mr. Charles A. Halleck, of Indiana, 
asked unanimous consent that the Delegate from Hawaii, Joseph Rider 
Farrington, be permitted to intro
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15. 99 Cong. Rec. 29, 83d Cong. 1st Sess.
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[[Page 2473]]

duce bills that day notwithstanding his absence from the House. There 
was no objection to the gentleman's request.

Introduction After Adjournment

Sec. 1.4 The introduction of a measure after the adjournment of the 
    House may be permitted by unanimous consent, but is not a request 
    normally entertained by the Speaker.

    On Oct. 16, 1967,(16) Mr. George H. Mahon, of Texas, 
asked for and was granted unanimous consent to have until midnight to 
file a House joint resolution providing for continuing appropriations.
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16. 113 Cong. Rec. 28962, 90th Cong. 1st Sess.
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    Parliamentarian's Note: House Joint Resolution 888, providing for 
continuing appropriations, was actually introduced before the House 
adjourned--so the permission granted above was not utilized.
    While permission may be granted by the House, by unanimous consent, 
to introduce a bill at a time when the House is not in session, the 
practice has been consistently discouraged. Only one other example of 
such permission is to be found in the precedents.(17)
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17. See 7 Cannon's Precedents Sec. 1030.
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Messaging After Sine Die Adjournment

Sec. 1.5 A Senate bill, messaged to the House following sine die 
    adjournment, is referred to committee on opening day of the next 
    session of the same Congress.

    On Jan. 10, 1966,(18) the opening day of a new session 
of the same Congress, a Senate bill (19) which had been 
messaged to the House following sine die adjournment, was referred to 
the Committee on Merchant Marine and Fisheries.
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18. 112 Cong. Rec. 36, 89th Cong. 2d Sess.
19. S. 2471, an act to improve and clarify certain laws of the Coast 
        Guard.
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Introduction by One Opposed to Bill

Sec. 1.6 Occasionally, bills have been introduced by Members opposed to 
    their passage.

    On June 14, 1967,(20) at the commencement of debate on a 
joint resolution (1) in Committee of the Whole, Mr. Harley 
O. Staggers, of West Virginia, addressed the following remarks to the 
Chair: (2)
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20. 113 Cong. Rec. 15822, 15823, 90th Cong. 1st Sess.
 1. H.J. Res. 559, providing for the settlement of a railroad labor 
        dispute.
 2. Wilbur V. Mills (Ark.).

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[[Page 2474]]

        Mr. Staggers: Mr. Chairman I am here today in a most unusual 
    position. I was requested by the President to introduce the bill we 
    have before us today, and because of my responsibilities as 
    chairman of the committee, I introduced the bill. If the House was 
    to be given an opportunity to work its will on this legislation, it 
    was necessary that hearings begin promptly and continue as 
    expeditiously as possible, and I think the record will bear me out, 
    that the hearings before our committee have been prompt, they have 
    not been delayed in any respect.
        In fact we interrupted consideration of a very important piece 
    of health legislation in order to take up this bill. We have heard 
    every witness who wanted to be heard on the legislation. I did this 
    because I felt it to be my responsibility to the House as chairman 
    of the committee.
        Following the conclusion of our hearings I promptly scheduled 
    executive sessions for consideration of the bill and we met as 
    promptly as possible both morning and afternoon and the committee 
    reported the bill to the House.
        Yesterday I went before the Rules Committee as chairman of the 
    committee to present the facts to the Rules Committee and attempt 
    to obtain a rule so that the bill would be considered by the House. 
    I have done these things because I felt it is my responsibility to 
    do so as chairman of the committee.

        Unfortunately, Mr. Chairman, I was opposed to this bill when I 
    introduced it, and having heard all the witnesses and all the 
    testimony, I am still opposed to it. For that reason I have asked 
    the gentleman from Maryland [Mr. Friedel] to handle the bill in 
    Committee of the Whole, so that I would be free to express my 
    opposition to it . . .
        Mr. Chairman, this concludes the presentation I desire to make 
    on the bill. At this time I request the gentleman from Maryland 
    [Mr. Friedel], the ranking majority member on the Interstate and 
    Foreign Commerce Committee, to take charge of managing the bill on 
    the floor.

    Thereupon the gentleman from Maryland, Mr. Samuel N. Friedel, was 
recognized.

Introduction by Speaker

Sec. 1.7 Traditionally, the Speaker refrains from sponsoring public 
    bills containing subject matter of general import; but sometimes 
    the Speaker has introduced bills pertaining solely to matters 
    within his congressional district.

    On May 21, 1970,(3) Speaker John W. McCormack, of Massa
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 3. 116 Cong. Rec. 16643, 91st Cong. 2d Sess. See also 117 Cong. Rec. 
        23043, 92d Cong. 1st Sess., June 30, 1971, where the House, by 
        unanimous consent, considered and passed a concurrent 
        resolution (H. Con. Res. 354, recognizing the importance of 
        July 4, 1971, Honor America Day celebrations) from which 
        Speaker Carl Albert (Okla.) had removed his name as a cosponsor 
        pursuant to the policy followed by Speakers in recent years of 
        not introducing or cosponsoring public bills or resolutions.
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[[Page 2475]]

chusetts, introduced a public bill (4) which pertained 
solely to a matter within the congressional district which he 
represented.

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 4. H.R. 17750, to declare the tidewaters of the Fort Point Channel, in 
        the city of Boston, nonnavigable.
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Effect of Sponsor's Death

Sec. 1.8 The death of a Member after introduction of a bill does not 
    preclude subsequent action thereon.

    On June 29, 1964,(5) the House considered and passed a 
bill (6) notwithstanding the intervening death of Mr. Howard 
H. Baker, of Tennessee, the Member who had introduced it.
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 5. 110 Cong. Rec. 15274, 88th Cong. 2d Sess.
 6. H.R. 7301, to amend the Internal Revenue Code.
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Effect of Sponsor's Resignation or Replacement

Sec. 1.9 A bill becomes the property of the House when introduced and 
    is not withdrawn or canceled because of the resignation or 
    replacement of the Member or Delegate who introduced it.

    On May 3, 1960,(7) a private bill,(8) 
previously introduced by Delegate John Burns, of Hawaii, was considered 
and passed by the House notwithstanding the intervening admission of 
the new state of Hawaii and the replacement of the Delegate by an 
elected Representative.
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 7. 106 Cong. Rec. 9246, 86th Cong. 2d Sess.
 8. H.R. 2823, for the relief of Fumie Yoshioka.
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Senate Practice

Sec. 1.10 At the beginning of a Congress, the Senate does not permit 
    the introduction of bills until after the President has delivered 
    his message on the State of the Union.

    On Jan. 5, 1955,(9)  Senator Lyndon B. Johnson, of 
Texas, made the following announcement to the Senate:
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 9. 101 Cong. Rec. 7, 84th Cong. 1st Sess.
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        Mr. Johnson: . . . As is customary, the Senate will transact no 
    further business in the way of the introduction of bills or other 
    matters until after the President has delivered his message on the 
    State of the Union.
        The President will come to the Capitol tomorrow at 12:30 p.m. 
    to address a joint session of Congress in the Hall of the House of 
    Representatives.
        It is planned to have the Senate meet at 12 o'clock, and then, 
    after a

[[Page 2476]]

    quorum call, to proceed in a body to the Hall of the House of 
    Representatives at about 12:10 or 12:15 p.m.
        I now move that the Senate adjourn until 12 o'clock noon 
    tomorrow.

    The motion was agreed to.

Sec. 1.11 On one occasion, bills were introduced for a Senator who was 
    hospitalized.

    On May 23, 1957,(10) the following exchange occurred:
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10. 103 Cong. Rec. 7491, 85th Cong. 1st Sess.
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        Mr. [Lyndon B.] Johnson of Texas: Mr. President, on behalf of 
    the Senator from Missouri [Mr. Hennings], I introduce three bills: 
    (11)
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11. S. 2148, S. 2149, and S. 2150.
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        Yesterday, I visited the Senator from Missouri, who is in 
    Bethesda Naval Hospital. . . . I announce for the benefit of his 
    friends, that he is resting comfortably; and all of us hope he will 
    return to the Senate in a few days.
        I ask unanimous consent to have printed in the Record 
    statements prepared by the Senator from Missouri, relating to each 
    of the bills just introduced.
        The Vice President: (12) The bills will be received 
    and appropriately referred; and, without objection, the statements 
    will be printed in the Record.
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12. Richard M. Nixon (Calif.).
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