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Federal Research: Federal Legislative History - part 1

Library of Congress

The Library of Congress offers this detailed guide: Compiling a Federal Legislative History: A Beginner’s Guide.

Introduction

Researchers interested in federal matters frequently must determine the legislative intent of Congress in enacting a particular law.  To determine this intent, one must locate materials from which a legislative history of the law can be developed.  A search for such materials frequently turns up massive amounts of information.  To avoid confusion, it is best to develop a chronology of events (introduction of a bill, dates of hearings, dates reports were issued, dates of passage...), noting all citations, before tracking down any of those items.

Documents in a Legislative History

Bill - A bill is a proposed law.  It provides information on the original intent and language of its sponsor.  All versions of a bill should appear in a legislative history.  Comparing the language of a bill as introduced and its amendments to that of the fimal bill as passed, may give some indication as to legislative intent.  A bill keeps its same number until passed or until the end of the Congress during which it was introduced.

Committee Prints - These items are printed by House or Senate committees and are intended for internal use by the committee.  The same items may be published as hearings, reports, or documents if intended for the public.  Among items issued as prints are: studies, investigative reports, section-by-section analysis of certain bills, and excerpts from hearings.

Hearings - Congressional committees hold hearings on particular bills as well as on topics that fall within the scope of their responsibility.  Hearings are distinguished from debates, which take place on the floor of the House or Senate.  Not all hearings are published.  Not all bills have hearings.  Hearings are held early in the legislative process and carry less weight than reports and Congressional debates in determining legislative intent.

Reports - Generally, reports are the most important documents in determining Congressional intent.  Issued by one of the committees of either house or by conference committee, reports present the committee's recommendations and findings to the House or Senate as a whole.  Reports detail the purpose of the bill and the committee's explanation and analaysis of the bill.  Each report is identified with the committee, the number of the Countress, and a number indicating the order in which it was issued.  For example, H.R. Rept. No 94-130 is the 130th House report of the 94th Congress.)

Debates - Congressional debates take place on the floor of the House or Senate and are printed in the Congressional Record.  Debates are to be distinguished from hearings which take place before a committee.  In addition, debates are between members of the legislature while hearings generally consist of non-legislators expressing their opinions on the language and purpose of the bill.  Generally, debates carry more weight in determing legislative intent than hearings, but not as much as reports.

Presidential Messages and Signing Statements - These messages are delivered from the President to Congress to explain reasons for suggesting, signing, or vetoing legislation.

Steps in Compiling a Legislative History

Below are steps in compiling a legislative history.  Under each step are listed sources where you can identify or find the information needed.

  • If the law has been enacted, check to see if a legislative history has been compiled.
    • Federal Legislative Histories.
  • If no law has been enacted, find the bill number.
    • Congressional Index, CIS, Congressional Record.
  • Determine the actions that have been taken on the bill.
    • Congressional Index (Bill Status Report), Congressional Record (History of Bills and Resolutions), Thomas.
  • Identify citations to committee reports, hearings, congressional floor actions, and presidential actions that relate to the bill.
    • CIS Hearings Index, CIS Committee Prints, Congressional Record, Monthly Catalog, Serial Set, USCCAN
  • Locate the documents.
    • CIS, CIS Committee Prints, Congressional Record, Serial Set, USCCAN, Thomas, Weekly Compilation of Presidential Documents, Library Catalog.