Legislative History

Where does legislative history come from?

  • Legislative Process:
    • Bill > Public Law (Session Law) > Codified in the United States Code
  • Legislative History: What happened to the bill before it became a law and was codified in the U.S.C.?
  • Not every piece of legislative history has the same persuasive authority
     

Legislative Process & Types of Documents

This section provides a brief overview of the federal legislative process and the types of legislative history documents that are produced in each stage.

Step 1: Bill is Introduced

  • Text of the bill

  • Sponsor statement

 

Step 2: Bill is Assigned to a Committee

  • Committee Prints

  • Committee Hearings

  • Committee Report
    • Also known as House Report or Senate Report.
    • Committee Report and Conference Report (see Step 4) are the best sources for legislative intent.

 

Step 3: Debates, Amendments, and Votes (if the bill survives the committee stage)

  • Transcripts of the debates

  • Amended version(s) of the bill

  • Voting records

 

Step 4: Conference Committee (if the bill is passed)

  • When there is a difference between the version passed by the House and the version passed by the Senate, the legislators may form a Conference Committee to discuss the difference and to reach an agreement. 

  • The conference committee produces the conference report.

    • Conference Reports are a very important source of legislative intent as they report on the compromise bill.
    • Conference reports are published as House Reports.

 

Step 5: Signed (or vetoed) by the President

  • Presidential Signing Statements

Important Types of Federal Legislative History Documents

  • Versions of the bill

    • A bill is likely modified throughout the legislative process.

    • Use the addition, deletion, and modification of a language to make a legislative history argument

 

  • Committee Reports and Conference Reports

    • ​The most important sources of legislative history 

    • Usually includes the bill's text and explains why the committee recommends the bill's passage.