Federal Legislative History Guide

There are many different types of legislative history documents, however they are not all treated equally by the courts.  Most courts will find changes in the bill text and committee reports very persuasive sources of legislative history.  However, other sources of history that are evidence of one person's point of view (unless they are a sponsor of the bill), are generally not considered very persuasive, such as congressional debates or committee hearings.

• Committee Reports: Committee reports that accompany a bill from the committee to floor consideration are usually considered the most persuasive form of legislative intent.  Sample citation and document type: H. Rpt. 115-332 (2017).

• Congressional Debates: Statements made in debate have be used to find legislative intent, although statements made by a sponsor of the legislation are considered more valuable than statements made by a general representative.  Sample citation and document type: 163 Cong. Rec. H2086 (daily ed. Mar. 16, 2017). 

• Bills: Looking at prior versions of bills and comparing their language can be helpful in determining legislative intent.  Sample citation and document type: H.R. 3329, 115th Cong (2017).

• Committee Hearings: Courts have accepted statements from committee hearings as evidence of legislative intent, although they are not as helpful as many other sources because of the volume of testimony and the problems with ascertaining legislative intent from select statements at the hearing to the final bill.  Sample citation and document type: The Tri-Committee Draft Proposal for Health Care Reform Before the H. Comm. on Health Care and Labor, 111th Cong. (2009). 

• Committee Prints: Sometimes committee reports are published as committee prints, although these reports are not usually specific to a particular bill, and instead refer to the committee's broader purpose.  Other documents may be published as committee prints, such as research papers by committee staff or outside experts; and committee rules and calendars.  Sample citation and document type: Com. on Educ. and the Workforce, 94th Cong., Rep. on The Scotia Coal Mine Disaster (Comm. Print 1976).  

• Congressional Documents: Congressional documents are documents not covered by any of the above categories, such as studies are prepared by the Congressional Research Service, meant to help representatives understand public policy issues.  Sample citation and document type: Cong. Research Serv., RL33865.  Arms Control and Nonproliferation: A Catalog of Treaties and Agreements (2018).