Legislative history is a term that refers to the documents that are produced by Congress as a bill is introduced, studied, and debated. These legislative documents are often used by attorneys and courts in an attempt to determine Congressional intent or to clarify vague or ambiguous statutory language. Note, however, that legislative documents are merely persuasive authority, not mandatory authority.
Bills - The bill is the proposed law. It is assigned a bill number, which is one of the keys to tracing legislative history. Bills are frequently amended throughout the legislative process and may be printed several times before they are finally passed. Comparing the various versions of a bill as it moved throughout the legislative process may help in determining the intended meaning of the law; arguments regarding the meaning of a statutory section may be drawn based on the inclusion, deletion or modification of language in the text of the bill.
Hearings - The published record of the House and Senate committees’ hearings on proposed legislation. Hearings can provide a wealth of information for background research into the issue Congress is addressing.
Most states allow access to the full text of bills from the current legislative session and you can often search back several years. However, other materials such as hearings, debates, and reports are often more difficult to locate. To locate it either in print or online, you need to check each individual state’s availability.
Westlaw and Lexis have Legislative History collections with multiple resources for researching legal history, Below are a selection of those resources:
USCCAN publishes the text of laws passed by Congress and selected committee reports on bills passed into law. Although it is not a comprehensive list of all the possible documents attached to a particular law, it can be a good starting point because of the importance of committee reports.
Congressional Record has the text of the congressional record from 1985 to present. Available through Westlaw.
All congressional committee reports, including reports on bills that did not become law, beginning with 1990. Available on Westlaw.
Agendas and witness lists for U.S. congressional committee hearings, transcripts of oral statements, and written statements submitted to committees of Congress. Coverage begins with January 1993 and includes increased coverage from January 1996 to present and selected coverage from 1993 to 1996. Available on Westlaw.
The legislative history documents include: Bill Summaries, Committee Reports, and President's Messages.Coverage from 2006 through current;
Provides a vehicle for locating how members of congress voted on what issue. Coverage from 110th through Current Congress. Available through Lexis.
The Committee Report file contains the full text of House and Senate Committee Reports. Coverage from 1981-1982; 1989-current. Available through Lexis.
The Congressional Research Service (CRS) works exclusively for the United States Congress. CRS Reports provide non-partisan policy and legal analysis to committees and Members of both the House and Senate, usually in advance of legislative activity. Available on Lexis.
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