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Federal Legislative History

Components of Legislative History

Several types of documents comprise a legislative history. If you can't find a compiled legislative history or if the one that you found doesn't contain the information that you're looking for, you may have to identify and locate these documents separately.

 Here is a list of the documents generated during the legislative process:

  • Committee reports
  • Sponsor statements and floor debates (published in the Congressional Record)
  • Transcripts of committee markup sessions (rare)
  • Committee hearings
  • Bill text, including original bills and amendments
  • Committee prints
  • Presidential signing statements

This list is arranged by the weight generally given to the document by courts interpreting legislative intent behind a statute.

Committee reports are generally given the most weight for statutory interpretation because these reports are often used by many legislators as the basis for voting for a particular bill.

As presidential signing statements are made when the bill has already passed both Houses of Congress and after the President has decided to sign the bill, they carry very little weight (in that they are post-legislative). They may be useful in suggesting how the administration decides how and to what extent to apply or enforce the law.

Best Resources for Finding Legislative Documents

The following tools may be used to identify legislative history documents (by title, report number, bill, or subject) and to locate print or online copies of the documents.

Committee Reports

Bills that are introduced are "referred" to congressional committees who investigate the legislation and recommend to the rest of their House of Congress whether or not to vote for the legislation and why. Committee reports are the printed, formal explanation of the committee's recommendation of the bill.

Committee reports are the most persuasive sources of legislative intent because they often explain the purpose of the legislation as well as the problem that the legislation was meant to correct. There are many resources where these reports can be found:

Print Sources

  • CIS U.S. Serial Set Index, 1789-1969, for references to committee reports. Does not contain the full text of the reports but is useful as a finding aid. KF49.C618 at Reference Area
  • United States Congressional Serial Set, 1967-1996. Arranged by Congress and session, then by type of document. J66.U57 at Reference Area
  • House Report, 1997-date. Arranged by Congress and session. J66.U577 at Reference Area
  • Senate Report, 1997-date. Arranged by Congress and session. J66.U574 at Reference Area
  • United States Code Congressional and Administrative News (USCCAN), 1941-date. Contains selected reports and references to others. KF48 at Reference Area. Also on Westlaw.
  • UW Government Publications, Suzzallo Library: 1789-1969 in microform, 1970-date in paper.

Internet Sources

Sponsor Statements and Floor Debates

All bills are "sponsored" and introduced by one or more members of Congress. When introducing the bill or speaking about it on the floor of Congress, a sponsor will often relay the purpose behind the bill and the problems that the bill would correct if passed. These statements are usually officially recorded and can be used by the courts later to construe legislative intent.

Members other than the bills sponsor(s) will also speak about the bill when Congress debates as to whether or not to pass it. Both sponsor statements and remarks/debates by other members of Congress are recorded in the Congressional Record:

For more information, see What Is the Congressional Record?

Print

Congressional Record, 43d Congress, 1873-date.

  • Daily edition, 1996-date. KF35 at Compact Stacks
  • Permanent edition, 1873-1988. KF35 at Compact Stacks. Indexes at KF35 at Reference Area
  • Permanent edition, 1873-1999. KF35 at Reference Area Microfiche
Congressional Globe (predecessor of the Congressional Record)
  • permanent edition, 23d-42d Congresses, 1833-73. KF35 at Compact Stacks and Reference Area Microfiche
Register of Debates (predecessor of Congressional Globe
  • permanent edition, 18th Congress, 2d Session-25th Congress, 1st Session, 1824-37. KF35 at Compact Stacks and Reference Area Microfiche
Annals of Congress (The Debates and Proceedings in the Congress of the United States)
  • 1st-18th Congress, 1st Session, 1789-1824. KF35 at Compact Stacks and Reference Area Microfiche

Online

Daily edition

Permanent edition

  • HeinOnline, vol. 1, 1873- 2012 (43d Congress, Special Session to 112th Congress, 2nd Session)
Congressional Globe
Register of Debates
Annals of Congress (The Debates and Proceedings in the Congress of the United States)

Committee Markup Sessions

After conducting hearings on a piece of legislation, a congressional committee will get together to "mark-up" the bill and make changes to its language. These sessions are rarely officially published but if they do exist, they can be found in the following places:
Committee Reports: transcripts or summaries of these sessions may be included in a bill's committee report.
Committee Websites: depending on the committee and the importance of the piece of legislation, a committee may decide to post the proceedings of a markup session on its individual website, including video, transcripts, and statements of the members. Here are the websites for all of the House and Senate standing committees:

Committee Hearings

Committee hearings are public hearings held by committees considering bills. The document published by the government following a hearing includes more than just the testimony of the witnesses and the questions of the committee members. Participants are permitted to add content to the published hearing document following the actual live hearing, such as written reports by expert witnesses and documents submitted to the committee by interested third parties.

Committee Hearings Documents printed by the Government Printing Office:

Print

Print Indexes:

  • CIS U.S. Congressional Committee Hearings Index, earliest date-1969. KF49.C616 at Reference Area
  • CIS Index to Unpublished U.S. House of Representatives Committee Hearings, 1833-1968. KF49.C613 at Reference Area
  • CIS Index to Unpublished U.S. Senate Committee Hearings, 1823-1980. KF49.C615 at Reference Area

Online

 

Hearings Transcripts

These collections are transcripts of the hearings themselves, prepared by commercial publishers. They are not the final printed hearings discussed above.

  • Westlaw: commercial transcripts; not final published hearings
    • USTESTIMONY, selected transcripts from Federal Document Clearing House, 1993-date (selective 1993-96; comprehensive 1996-date).
    • CONGTMY, transcripts from NewsRoom, Nov. 2004-date.

Bills

Includes different versions and amendments. Note: many bills are reprinted in hearings. Amendments are often published in the Congressional Record. 

Print

  • 96th Congress-date, 1979-date. KF16 at Reference Area Microfiche
  • Final Cumulative Finding Aid, KF16.F5 at Reference Office
  • UW Government Publications, Suzzallo Library: 1st-26th Congresses, 1789-1841; 37th-66th Congresses, 1861-1921; 96th-106th Congresses, 1979-2000. In microform.

Online

Committee Prints

Documents prepared by committee staff for use by committee members but are not formally adopted by the committee.

Print

Online

Presidential Signing Statements

Signing Statements are issued by the President at or shortly after he signs a bill into law. Their value and use in discerning legislative intent is uncertain. The signing statements are published in the Daily Compilation of Presidential Documents (formerly known as the Weekly Compilation of Presidential Documents), the Public Papers of the President, and the United States Code, Congressional & Administrative News. The U.S. Statutes at Large include references to signing statements, but not the text of the signing statements.

Daily/Weekly Compilation of Presidential Documents

Print

Online

Public Papers of the Presidents cumulates the Weekly Compilation.

Print

Online