Legislative History Research: A Tutorial by the Georgetown Law Library Part I: Introduction to Federal Legislative History Copyright 2011 Georgetown University Law Library In Part I of the Legislative History Tutorial, you will learn . . . What a Legislative History is. What a Legislative History is used for. What you can expect to find when looking for the legislative history of a particular law. Page 1 of 56 What is a Legislative History? Legislative History is a term used both for the background and events leading to the enactment of a statute, and for the documents that are produced in the process. Page 2 of 56 What is the purpose of Legislative History research? Federal Legislative Histories are used to aid in determining the intent of the Congress (legislative intent) at the time a statute was planned and enacted or amended. Page 3 of 56 Legislative Intent Courts look to legislative intent when a statute's meaning is ambiguous on its face. U.S. v. Missouri Pac. R. Co., 278 U.S. 269, 278 (1929). Page 4 of 56 Can Be Controversial! Not all judges support the use of legislative intent, however. Some believe they should base opinions only on the plain language of the enacted statute, rather than what it appears the legislature intended to enact. Other judges acknowledge that looking to legislative intent can help correct drafting errors, avoid absurd results, explain the specialized meanings of terms or assist the court in choosing among reasonable interpretations of a provision. Page 5 of 56 What can I expect to find when I'm looking for the legislative history of a particular law? The Legislative History of a law includes the following items . . . The text of the Bill in all of its versions Transcripts of Hearings that were conducted by the Congressional Committees responsible for the Bill. Committee Reports that were written about the Bill. Transcripts of the Debates or discussions that occurred on the floor of Congress. The Public Law, which is the law as it was voted on by Congress and signed by the President. In the next section of this tutorial, we will look more closely at each of these legislative documents. This concludes Part I of Legislative History Research: A Tutorial by the Georgetown Law Library. Page 6 of 56 Legislative History Research: A Tutorial by the Georgetown Law Library Part II: The Legislative Process and the Documents It Produces Copyright 2011 Georgetown University Law Library. In order to understand Legislative History, you need first to know the steps of the Federal Legislative process. Documents are produced during each step. These documents make up the Legislative History of the law. Page 7 of 56 Step 1: A Bill is Introduced A Bill is introduced to the full House or full Senate. The introduction of the Bill by its sponsor is printed in the Congressional Record. The Congressional Record is a transcript of the proceedings on the floor of Congress. Page 8 of 56 Step 2: The Bill Number After its introduction, the Bill is assigned a number by which it is identified throughout the legislative process. Page 9 of 56 Step 3: The Committee Phase--Hearings The Bill is next assigned to one or more committees. The committee often conducts Hearings to hear the views of various persons or organizations interested in the legislation. Page 10 of 56 Step 3: The Committee Phase--Hearings Hearings transcripts are published individually and referred to by title. Page 11 of 56 Step 3: The Committee Phase--Reports After conducting its Hearings and doing other work on the Bill, the Committee issues a Report. The Committee Report is the most important of all documents in a legislative history because it is written to explain the proposed bill and its intended effects by the legislators who worked most closely with it. Page 12 of 56 The Committee Report reprints the Bill with any changes it has made. It also describes the Bill's purposes, and give reasons for the committee's recommendations on the Bill . . . and often includes the legislative history of the Bill, and what the committee regards as the need for new legislation. Page 13 of 56 The Committee Report almost always includes a section-by-section analysis of the Bill that is very helpful if your research is concentrated on just one section or sections of the law. Page 14 of 56 The Committee Report is referred to by number, which begins with the number of the Congress in which the report was written. Page 15 of 56 Committee Reports are published in the United States Congressional Serial Set. They are arranged by Congress, Congressional session and chamber. Each House Reports or Senate Reports volume shows the range of report numbers on its spine. Page 16 of 56 Step 4: Debates and Discussion The Committee Report, with the amended Bill, is sent to the full House or full Senate. The Bill is discussed, debated, and voted upon by the full chamber. The discussions, debates and votes are recorded in the Congressional Record. Page 17 of 56 Step 5: Agreement by Both Sides of Congress Once one side of Congress votes to approve the Bill, it is sent to the other side. Identical Bills must be passed by a majority vote in the House and the Senate. If the Bills are not identical, a Conference Committee is formed to work out the differences. The Committee has members from both the House and the Senate. Page 18 of 56 The Conference Committee will write a report called a Conference Report, and present it, with the amended Bill, to both chambers. The Conference Report is the single most important document for legislative history purposes. It represents a work at the end of the legislative process, and reflects the views of both sides of Congress. Conference Reports are Committee Reports. They almost always have a House of Representatives number, and are also published in the U.S. Serial Set. Page 19 of 56 Step 6: Public Law Once the Bill is passed by both Houses, it is sent to the President for signature, and it becomes a Public Law. A Public Law is identified by number, which begins with the number of the Congress in which it was passed. It is also cited to the United States Statutes at Large where all Public Laws are published. Page 20 of 56 Step 7: The United States Code Finally, if the Public Law is of a general and permanent nature, it becomes a part of the United States Code. The Code is arranged by subject, so the provisions in the Public Law may be codified in several different titles. This concludes Part II of Legislative History Research: A Tutorial by the Georgetown Law Library. Page 21 of 56 Legislative History Research: A Tutorial by the Georgetown Law Library Part III: How to Get Started with Legislative History Research Copyright 2011 Georgetown University Law Library Page 22 of 56 Let’s get started with an actual problem. Let’s find the legislative history of the law that covers colleges that prevent ROTC access or military recruiting on campus. We will follow these steps to find the law and the documents that were produced as the law was enacted. 1. Find the appropriate U.S. Code section. 2. Find the Public Law number. 3. Use the Public Law number to find the documents produced. Page 23 of 56 1. Find the appropriate section of the U.S. Code. Using the U.S. Code’s index (available in print or in electronic form) is one way to find the law. The index directs us to Title 10 of the U.S. Code. We’ll look at Section 983. Page 24 of 56 The Code section includes the text . . . . . . as well as a brief “legislative history.” Page 25 of 56 2. Find the Public Law Number. In the legislative history section at the end of the text of the statute, you will find the numbers and dates of the Public Laws that created and amended the statute. This section of the Code originated with Public Law 104-106 which was signed into law on February 10, 1996. The particular provision is found in div. A, title V, § 541(a) of the Public Law. It was amended in 1999 by Public Law 106-65. Page 26 of 56 2. Find the Public Law Number. If you know the name of the law you are researching, an alternative method to finding the Public Law number is to use the Popular Name Table that is available in every version of the U.S. Code, including online versions. The Popular Name Table will give you citations to the Public Law Number, and the U.S. Code section(s) where you can find the law. Page 27 of 56 2. Find the Public Law Number. By using the Popular Name Table, you have found Public Law number 104-106 and are now ready to use it to find the documents that make up the Legislative History of the law! Note that sometimes (like above) the Popular Name Table gives you citations for more than one Public Law. The top one is usually the one you seek, but you should review them all to be sure. Page 28 of 56 Legislative History Research: A Tutorial by the Georgetown Law Library Part V: Research Tools -ProQuest Congressional Copyright 2011 Georgetown University Law Library Unless otherwise instructed, use the arrows at the bottom of the screen to navigate through the tutorial. Page 29 of 56 In Part IV of the Legislative History Tutorial, you learned how to find the legislative history documents using the Public Law itself and the THOMAS database In Part V, we are going to use the ProQuest Congressional database to find legislative history documents. Page 30 of 56 ProQuest Congressional has compiled legislative histories for all laws from the 91st Congress (1969) through the present, and for some laws before then. It is the electronic compilation of the CIS Index set which is still in print and can be useful when access to ProQuest Congressional is unavailable. In a compiled legislative history, all of the documents associated with a law are listed or reprinted. Let’s find the compiled legislative history for Senate Bill 1124 (104th Congress) using ProQuest Congressional. Page 31 of 56 The ProQuest Congressional database is available to Georgetown students from our home page, under Databases>Frequently Used. Click on ProQuest Congressional to proceed. Page 32 of 56 The main page of ProQuest Congressional is useful for finding individual documents, however to search for a comprehensive list of the documents about one law, click Legislative Histories, Bills & Laws on the left sidebar. Page 33 of 56 Click the Get a Document tab to find the legislative history by document number. Page 34 of 56 We will search for the legislative history of Senate Bill 1124 in the 104th Congress. Select the radio button labeled Enacted Bill Number to choose the 104th Congress. . Page 35 of 56 Click the H.R. drop down menu to choose S. for a Senate bill. Page 36 of 56 Select the S. for a Senate bill. Page 37 of 56 Here’s where you’ll enter the bill number. In this case it’s 1124. Page 38 of 56 Click on the Search box to run the search. Page 39 of 56 Senate Bill 1124 became Public Law 104-106. Click Legislative History of P.L. 104-106. Click Legislative History of P.L. 104-106. Page 40 of 56 The beginning of the Bill’s record includes links to the text of the Bill, along with some general information. Page 41 of 56 Click 104 S. 1124 to link to the different versions of the Bill. Page 42 of 56 The Enrolled version of the Bill is the version passed by both the House and Senate and sent to the President for signature. Page 43 of 56 In ProQuest Congressional, all documents of the same type are arranged together. Use the scroll bar to scroll down to the lists of documents. Page 44 of 56 All Congressional Record Debates that occurred while S. 1124 was being considered are listed here. Direct links to the Congressional Record are provided. Page 45 of 56 Committee Reports and Conference Reports are listed together. Page 46 of 56 Unlike THOMAS, ProQuest Congressional lists and links to the full PDF of Hearings Transcripts. Page 47 of 56 As a reminder, ProQuest Congressional has compiled legislative histories for all laws from the 91st Congress (1969) through the present, and for some laws before then. It is the electronic compilation of the CIS Index set which can be found in the Williams Reading Room. Page 48 of 56 This concludes Part V of Legislative History Research: A Tutorial by the Georgetown Law Library Page 49 of 56 Legislative History Research: A Tutorial by the Georgetown Law Library Part VI: Guide to Finding Individual Documents Copyright 2011 Georgetown University Law Library We have learned what a legislative history is what a legislative history is used for how to get started on legislative history research by finding a Public Law number and/or Bill Number how to find a list of the documents that make up the legislative history of a bill or law Our last lesson will teach you how to find individual Congressional documents. Documents listed, but not linked to, can be found in print, digitally and in microform. Every day, more documents are available electronically. Using this tutorial, or our research guide available at http://www.ll.georgetown.edu/guides/legislative_history.cfm will ensure that you will find the best sources. Page 50 of 56 Committee Reports & Conference Reports are available from: THOMAS, http://thomas.loc.gov Committee Reports link Full text available 1995 - current ProQuest Congressional Keyword Search Full text available 1789-1969 and 1990-current ProQuest Congressional Search by Number Full text available 1789-1969 and 1990-current Lexis Legal > Federal Legal - U.S. > Legislative Histories & Materials > Committee Reports Full text available 1990-current Westlaw Legislative History (LH) database Full text available 1990-current FDsys http://www.gpoaccess.gov/serialset/creports/search.html Full text available 1995 – current Microform 1789-2004 Williams Media Center Cabinet A:1-4 Print U.S. Congressional Serial Set Williams 5th floor KF29.U5 1981-present Page 51 of 56 Committee Hearings are available from: ProQuest Congressional Search by Number Full text available 1789-1969 and 1990-current FDsys http://www.gpoaccess.gov/chearings/search.html Full text available 1995 - current (House) 1997 - current (Senate) ProQuest Congressional Keyword Search Full text available 1975-current Westlaw (USTESTIMONY) database Full text available (selected hearings) 1996-current Lexis Legal > Legislation & Politics - U.S. & U.K. > U.S. Congress > Committee Hearing Transcripts > CQ Transcriptions Full text available (selected hearings) 1995-current FDsys http://www.gpoaccess.gov/chearings/index.html Search or browse for selected hearings Full text available 1995 - current Rutgers School of Law http://lawlibrary.rutgers.edu/gdoc/search.shtml Full Text of Selected Hearings, 1970s - 1998 Print Many hearings are available in our library. Use GULLiver to search by keyword, title or author. http://gull.georgetown.edu/search/X Microform Complete Collection of Published Hearings, 1789-current. Unpublished Hearings, 1823-1980 Williams Media Center Cabinets A:4-8 Page 52 of 56 Congressional Debates (The Congressional Record) are available from: Daily Edition ProQuest Congressional Congressional Record Keyword Search Full text available 1985 – current Daily Edition ProQuest Congressional Search by page number or date Full text available 1985 - current Daily Edition THOMAS, http://thomas.loc.gov Congressional Record link Full text available 1989 - current Daily Edition Lexis Federal Legal - U.S. > Legislative Histories & Materials > Congressional Record, All Congresses Combined Full text available 1985-current Daily Edition Westlaw (CR) database Full text available 1985 – current Bound Edition FDsys http://www.gpoaccess.gov/crecordbound/index.html Full text available 2000 only Bound Edition (Daily Edition for recent dates) Paper Williams Library, 4th floor, Call Number KF35 .A26 Page 53 of 56 1873 - current Bound Edition Microform Williams Library Media Center 1873 - current Cabinets B:16-17 Historical Volumes Online Library of Congress http://memory.loc.gov/ammem/amlaw/lwcr.html Search or browse for selected hearings Full text available 1789 – 1909 Bills are available from: FDsys http://www.gpoaccess.gov/bills/index.html Full text available 1993-current THOMAS, http://thomas.loc.gov/bss/ Advanced Bill Summary and Status Search is the best. Search by Word/Phrase or Bill Number. Full text available 1989 - current ProQuest Congressional Keyword Search Full text available 1989 - current ProQuest Congressional Search by Bill Number Full text available 1989 - current Lexis Current Congress Federal Legal - U.S. > Legislative Histories & Materials > Congressional Full Text Bills - Current Congress Lexis Previous Congresses Federal Legal - U.S. > Archived Bill Text & Tracking Full text 1989 - current Microform Williams Media Center 1933 - current Cabinet A:9 Page 54 of 56 Westlaw All Databases > U.S. Federal Materials > Bill Tracking and by individual database Full text available 1994 – current Library of Congress Historical Bills Online http://memory.loc.gov/ammem/amlaw/lwhbsb.html Full text available - 1799 through 1873 (12th Congress not available) Public Laws (U.S. Statutes at Large) are available from: ProQuest Congressional Search by Public Law Number Full text available 1988 - current ProQuest Congressional Keyword Search Full text available 1988 - current Westlaw US-PL database Full text available for current Congress Westlaw US-PL-OLD database Full text available 1973 - previous Congress Westlaw US-STATLRG database Full text available 1789 - 1972 THOMAS http://thomas.loc.gov/bss/d109/d109laws.html US-STATLRG database Full text available 1989 - current Lexis Legislation & Politics - U.S. & U.K. > U.S. Congress > USCS - Public Laws Full text available 1988 - current Library of Congress Historical Online http://lcweb2.loc.gov/ammem/amlaw/lwsl.html Page 55 of 56 Full text available 1789 - 1875 Paper Williams 4th floor and Reading Room, Call Number KF50 .U5 1789 - current Page 56 of 56