During this time of anticipated comprehensive immigration reform, a bipartisan group of Senators known as the Senate “Gang of Eight” is reportedly nearing completion on a proposal for comprehensive immigration reform in 2013. A bipartisan group from the House of Republicans (“House”) is also working on legislation, and the President is preparing his own plan in case congressional talks fail.
This article will provide an overview of the legislative procedure in the United States, and the process that any immigration reform proposal must undergo before becoming law. The article centers primarily on legislation originating in the House, but contains a section addressing the process for bills originating in the Senate.
Sources
Ideas for legislation and proposed drafts of bills originate in many diverse quarters. Primary among these are proposals conceived by a member of the Senate or House and those recommended by the President. The work of Congress is initiated by the introduction of a proposal in the form of a bill, joint resolution, concurrent resolution, or a simple resolution.
Types of Proposals
A bill is the form used for most legislation. Bills may originate in either the House or the Senate, except that all bills for raising revenue must originate in the House. A bill can be either public or private. Public bills affect the public generally, whereas a private bill is one that affects a private entity or a specified individual. A typical private bill is used for relief in matters such as immigration and naturalization. There is little practical difference between a bill and a joint resolution. Both are subject to the same process except for a joint resolution proposing an amendment to the Constitution. Concurrent and simple resolutions typically are not “presented” to the President and are merely used for expressing facts, opinions, and principles.
Introduction
In the House, any Representative may introduce a bill at any time while the House is in session by simply placing it in the ‘‘hopper,’’ a wooden box provided for that purpose. The Representative or Senator who introduces the bill is known as the “sponsor.” The sponsor solicits support from his or her fellow members; those who agree are called “co-sponsors.” Except in the case of private bills, an unlimited number of members may cosponsor a bill. In the Senate, unlimited multiple sponsorship of a bill is permitted.
In the Senate, a Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer’s desk. However, a Senator may use a more formal procedure by rising and introducing the bill or resolution from the floor, usually accompanied by a statement about the measure. The bill is then assigned a legislative number by the Clerk and referred to the appropriate committee or committees.
Committees
The committees provide the most intensive consideration to a proposed measure and their actions mark an important phase of the legislative process. Each committee’s jurisdiction is defined by certain subject matter. For example, the House Judiciary Committee has jurisdiction over measures relating to immigration policy. In the Senate, the Senate Judiciary Committee has jurisdiction over immigration matters.
An introduced bill may be referred to multiple committees for consideration of those provisions of the bill within the jurisdiction of each committee concerned.
One of the first actions taken by a committee is to seek the input of the relevant departments and agencies about a bill. If the committee members require more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. The House Judiciary Subcommittee on Immigration Policy and Border Security handles immigration legislation, while, in the Senate, the Immigration, Refugees, and Border Security Subcommittee of the Senate Judiciary Committee handles immigration matters.
Often committees and subcommittees hold public hearings during which they hear from experts in the field in question. After hearings are completed, the subcommittee usually will consider the bill in a session known as the ‘‘markup.” The views of all sides are studied in detail and at the conclusion of deliberation, a vote is taken to determine the action of the subcommittee. It may decide to report the bill favorably to the full committee, with or without amendment, or unfavorably, or without recommendation. Subsequently, a vote of full committee members is taken to determine whether the full committee will report the bill favorably, adversely, or without recommendation. The bill is reported to the House or Senate floor (depending on where it originated) for debate after majority approval by the subcommittee and full committee.
Consideration and Debate
Once legislation reaches the full legislative bodies, it is debated by the members. When it is time to vote, there are three methods of voting in the House. These are the voice vote, the division, and the recorded vote. The Senate, on the other hand, votes by voice. If a majority of the Representatives says or selects yes, the bill passes in the House, is certified by the Clerk, and then delivered to the Senate. It is extremely important that the Senate receive a copy of the bill in the precise form in which it has passed the House. The preparation of such a copy is the function of the Enrolling Clerk.
From this material, the Enrolling Clerk prepares the engrossed copy of the bill as passed, containing all the amendments agreed to by the House. At this point, the measure ceases technically to be called a bill and is termed ‘‘An Act.’’
Senate Action
The Parliamentarian, in the name of the Vice President, as the President of the Senate, refers the engrossed bill to the appropriate standing committee of the Senate. Senate committees give the bill the same detailed consideration as it received in the House and may report it with or without amendment.
After final action on the amendments, the bill is ready for engrossment. A simple majority is necessary for passage.
The original engrossed House bill, together with the engrossed Senate amendments, if any, or the original engrossed Senate bill, is then returned to the House with a message stating the action taken by the Senate.
On their return to the House, the official papers relating to the amended measure are placed on the Speaker’s table to await House action on the Senate amendments.
If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills, they are sent to Conference Committee.
Conference Committee
Selected members from each House form a conference committee to reconcile any differences between House and Senate bills. Most important legislation goes to a conference committee. If the Conference Committee is able to reach a compromise, it prepares a report, which must be approved by both the House and Senate.
Bills Originating in the Senate
The preceding discussion has described the legislative process for bills originating in the House. When a bill originates in the Senate, this process is reversed. When the Senate passes a bill that originated in the Senate, it is sent to the House for consideration unless it is held to become a vehicle for a similar House bill if and when passed by the House. The Senate bill is referred to the appropriate House committee for consideration or held at the Speaker’s table at the Speaker’s discretion. If the committee reports the bill to the full House and if the bill is passed by the House without amendment, it is enrolled. If the House passes an amended version of the Senate bill, the bill is returned to the Senate for action on the House amendments. The Senate may agree to the amendments or request a conference to reconcile any differences over the House amendments. The Senate may also further amend the House amendments.
Enrollment
When a bill has been agreed to in identical form by both the House and Senate a copy of the bill is enrolled for presentation to the President.
The bill then becomes the law of the land only after (1) Presidential approval; or (2) failure by the President to return it with objections to the chamber in which it originated within 10 days (Sundays excepted) while Congress is in session; or (3) the overriding of a presidential veto by a two-thirds vote in each chamber.
Such a bill does not become law without the President’s signature if Congress by their final adjournment prevents its return with objections. This is known as a ‘‘pocket veto.’’
Publication
The final important step in the enactment of a valid law is the requirement that it shall be made known to the people who are to be bound by it. In practice, our laws are published immediately upon their enactment so that the public will be aware of them. If the President approves a bill, or allows it to become law without signing it, the original enrolled bill is sent from the White House to the Archivist of the United States for publication.
Following the Legislative Process
Follow the immigration reform legislation at immigration.com on our immigration reform webpage at http://www.immigration.com/comprehensive-immigration-reform-2013 and on our immigration reform forum at http://forums.immigration.com/forumdisplay.php?337-Comprehensive-Immigration-Reform-2013.
Committee and subcommittee hearings are public, unless there is a confidential national security matter being discussed. Floor debate in both the House and the Senate is also public. Much of these hearings and floor debate is available on C-Span and on www.cspan.com. In addition, the public can follow the legislative process on-line at www.thomas.gov.
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