CRS Explains Origination Clause Via 'Blue-Slipping'

[3] The House's primary method for enforcement of the Origination Clause is through a process known as "blue-slipping." ¹ Blue-slipping is the term applied to the act of returning to the Senate a measure that the House has determined violates its prerogatives as defined by the Origination Clause. The House takes this action by adopting a resolution stating that a Senate bill [or Senate amendment(s) to a House bill] "in the opinion of this House, contravenes the first clause of the seventh section of the first article of the Constitution of the United States and is an infringement of the privileges of this House and that such bill [or such bill with the Senate amendment(s) thereto] be respectfully returned to the Senate with a message communicating this resolution." This process is called blue-slipping because the resolution returning the offending bill to the Senate is printed on blue paper. It is provided for under House Rule IX, clause 2(a)(1), which states:

[6] Historically, the House has used a variety of methods to enforce the Origination Clause. On a number of occasions the House has chosen to ignore a Senate passed bill, and instead taken action on a corresponding House bill. The House may also refer a questionable Senate measure to a committee. In such instances, a committee may choose simply to report a House bill, rather than consider the Senate bill further. The House may also decide to use a conference committee as a venue for deciding Origination Clause questions. It may do so by having the subject committed to conference, or it may determine that an offending provision can be removed in conference without having to take the formal step of blue- slipping. Such an accommodation would not prevent the House from enforcing its prerogatives through blue-slipping after a conference if the offending provision remained in the measure.

[7] The Constitution does not provide specific guidelines as to what constitutes a bill for raising revenue. What constitutes "a bill for raising revenue" is therefore a question of interpretation. The precedents and practices of the House apply a broad standard and construe the House's prerogatives broadly to include any "meaningful revenue proposal." This standard is based on whether the measure in question has revenue affecting potential, and not simply whether it would directly raise or lower revenues. Examples of legislation for which this standard would be applicable would include not only legislation to make changes in the tax code directly, but also legislation involving any fees not intended as payment for a specific government service, as well as any change in import restrictions because of their potential impact on tariff revenues.

[8] For additional information on congressional procedures concerning revenue measures, see CRS Report RL31197, Revenue Measures in Congress: Procedural Considerations, by James V. Satumo. For additional information on the Origination Clause, see CRS Report RL31399, The Origination Clause of the U.S. Constitution: Interpretation and Enforcement, by James V. Saturno.