Federal Legislative Histories AALL Quick Start Basic Legal Reference Workshop July 9, 2004

Why use legislative history? To determine the meaning of an unclear statute. Clarify questions about a statute if there are no cases interpreting or construing it. To gain insight into legislative intent at the time the statute was enacted – how the words were intended to be understood.

Weight of Authority A legislative history document or compilation of documents is only persuasive authority to a court of law.

What is a legislative history? Basic Definition Congressional documents that contain the information available and considered by the legislature prior to the enactment of a law or the rejection of a proposed law.

What is a legislative history? Process-Oriented Definition The results of research into the documentary records created by the legislature in it’s formulation, consideration and passage or rejection of a proposed law.

What is a legislative history? Identifying if a bill did or did not become the law the purpose of a law or section of a law the amendments offered to a bill the reports of the committees to which the bill was assigned debates on the bill other documents associated with a bill the current status of pending legislation

Documents Bills Versions as pass through legislative process Floor amendments Committee hearings witness testimony Committee Reports especially Conference Report Floor debates Congressional Record Committee Prints Staff research/good historic & background information Presidential signing statements

Steps in the Process Popular Name or a U.S. Code citation Identify the public law number Identify the Congress, bill number and year of enactment Use a legislative history finding tool or source to identify individual documents Retrieve and read the documents

Legislative History finding Tools and sources Use a tool or source that provides a “compiled” legislative history document identification (At least!) document identification AND full text (Great!) document identification, full text AND cross Congress searching (Yes!!!)

Sources for Compiled Histories or Information U.S. Code Congressional & Administrative News (U.S.C.C.A.N.) Sources of Compiled Legislative Histories (Johnson) Law Review Articles Committee Prints Library Catalogs – for Treatises CIS Index and Abstracts, Legislative History volume Congressional Universe Loose Leaf services (specific subject areas) Congressional Quarterly publications CQ Almanac CQ Weekly Report CQ.com (compilation of databases)

Public Laws Family and Medical Leave Act of U.S.C. §2612 et seq. February 5, 1993, P.L , 107 Stat rd Cong., 1 st Sess. H.R. 1 Brady Handgun Violence Protection Act 18 U.S.C. §922 November 30, 1993, P.L , 107 Stat rd Cong., 2d Sess. H.R. 1025

CIS86:H p. CIS Accession No. (Used to retrieve full text from microfiche library) Y1.1/8:99-699/pt.1 SuDoc. No.