FEDERAL LEGISLATIVE HISTORY Margaret Clark, Reference Librarian FSU College of Law Library October 2007

Federal Legislative History Why do it? What is it? How do you research it?

Why compile legislative history? To clarify questions about a statute if there are no cases interpreting it. To understand the meaning of specific language or terminology To determine legislative intent at the time statute was enacted

What is legislative history? A collection of related documents produced by Congress during the enactment, or rejection, of a proposed public law.

Citation forms  Bills 106 H.R S. 30 Many versions engrossedenrolled  Committee reports H.Rpt  Committee prints H.R. Doc No.43 (Title)  Committee documents H. Doc  Committee hearings S. Hrg  Floor debates 132 Cong. Rec ; CR H2675  Conference report H. R. Conf. Rep  Slip law/session law Pub. L

Not all legislative documents are created equal! 1.Statute text 2.Conference report’s joint explanatory statement 3.Committee reports 4.Remarks, debates 5.Bill text in various versions 6.Witness statements in committee hearings 7.Prints, reports, signing statements, news articles Excerpted from Richard McKinney’s Federal Legislative History Research, last updated May 2006

Two Strategies for Researching Legislative Histories I. Find already compiled history  Full text sources – online  Full text sources – print  Cases and law review articles II. Compile your own  Lexis  CIS Congressional  Westlaw  Thomas web site

Strategy I: Find compiled history A.Full text sources – Online  HeinOnline  U.S. Federal Legislative History Collection  Sources of Compiled Legislative Histories  Westlaw  Arnold and Porter Collection  USCCAN – U.S. Code Congressional & Administrative News  Lexis  Internet Sites

Hein Online

USCCAN U.S. Code Congressional and Administrative News Two sections  Laws - Public laws in chronological order  Legislative History List of legislative history documents Reprints selected documents, e.g. committee reports Helpful tables offer checklist Print begins with 1941 Westlaw begins with 1973

USCCAN U.S. Code Congressional and Administrative News Legislative History Documents: Excerpts or full text

Strategy I: Find compiled history B. Full text sources – Print  Search the online catalog

Strategy I: Find compiled history B. Full text sources - Print  Union List of Legislative Histories  Federal Legislative Histories  …others listed in handout

Strategy I: Find compiled history C. Look for cases or law reviews

Strategy I: Find compiled history C. Look for cases or law reviews

Strategy II Compile Own Legislative History STEP 1: Identify public law number STEP 2: Identify bill number STEP 3: Find legislative history documents STEP 4: Read and analyze documents

22 USC 7102 STEP 1: Identify public law number

Trafficking Victims Protection Act of 2000 STEP 1: Identify public law number

STEP 2: Identify bill number Pub.L

Strategy II Compile Own Legislative History STEP 1: Identify public law number STEP 2: Find public law & identify bill number STEP 3: Find legislative history documents STEP 4: Find and read documents

STEP 3: Finding RECENT legislative history documents Databases – not free 1970 to present LexNex - CIS Legislative Histories 1984 to present LexNex Academic - Congressional 1996 to present Westlaw (Graphical Statutes) Web sites – free 1987 to present Thomas web site 1993 to presentGPO Access

STEP 3: Finding RECENT legislative history documents

LexisNexis Academic - Congressional CIS Legislative Histories

Step 1: Identify public law number

Step 2: Identify bill number Step 3: Identify legislative history documents

Step 4: Find and read legislative history documents

Cornell : Popular Names of Acts in the US Code

Step 2: Identify bill number

Strategy II Compile Own Legislative History STEP 3: Finding OLDER legislative history documents Databases – not free 1817 to 1902 U.S. Serial Set (Readex) 1945 to present USCCAN (Westlaw) 1789 to 1969 Lexis - CIS Historical Index Web site – free 1774 to 1875 Library of Congress American Memory web site Microfiche 1903 to 1969 U.S. Serial Set (microfiche)

Challenges Documents may not be found. Documents may not tell you anything. Legislative history document or compilation is only persuasive authority.

Great Internet Research Guides LLSDC’s Federal Legislative History Research How Our Laws are Made – 68 page report How Our Laws are Made

Schoolhouse Rock’s “How a Bill Becomes Law” Schoolhouse Rock’s “How a Bill Becomes Law”

Final Words  At the federal level, legislative history is relatively easy to find.  Process can be time and labor intensive.  Knowing the legislative process helps in finding the relevant documents.  Knowing how to use a variety of finding tools helps in finding the relevant documents.

Questions?