Legislative history research can be time consuming and a bit like trying to find the proverbial needle in a haystack. It is, therefore, important to understand the reasons for doing legislative history research.
The major reason for doing legislative history research is to interpret a statute. Statutory language can often be vague or unclear. It can be difficult to determine how a statute applies to a particular situation. When a statute is relatively new, for example, there may not yet be other law, such as court decisions or agency rules, to explain the meaning of a statute.
In such instances, legislative history may be the researcher’s last resort. The researcher hopes that the legislative history will reveal what the legislature meant when it enacted the statute, that is, its “legislative intent”. It should be noted, however, that, more often than not, legislative history does not reveal legislative intent simply because Congress may not have discussed the specific issue one is researching.
For assistance with legal research questions, research strategies, print research, or legal databases questions, contact the UIC Law reference librarians via law-library@uic.edu or "Make an Appointment" via the online scheduler. Please book your appointment 48 business hours in advance. Alternatively, you can stop by the reference desk for immediate help with a quick research question.
Legislative history refers to the documentation created throughout the legislative process. The legislative branch of the federal government, known as the U.S. Congress, consists of two chambers: the House of Representatives and the Senate.
Proposed legislation, called a "bill," can be introduced in either chamber. Once introduced, the bill is referred to a House or Senate Committee, which analyzes it and prepares a report. The Committee also holds hearings where experts testify about the issues the bill aims to address.
After the Committee process, the bill may be debated on the floor of the full House or Senate. Following the debate, members will vote on the bill. For a bill to become law, it must pass both the House and the Senate in identical form. If there are conflicting versions of the bill passed by both chambers, a Conference Committee may be established to reconcile the differences.
Once the bill is approved in the same form by both chambers, it is sent to the President, who can either sign it into law or veto it.
As a result of the legislative process, a variety of materials documenting the legislative history is created. These materials include the text of the bill itself, as well as different versions of the bill at various stages, such as the original introduced version, the engrossed version passed by one chamber, and the final enrolled version. Additionally, there are amendments to the bill, whether they were made or rejected, along with hearings, Committee Reports, Conference Committee Reports, Floor Debates, and Presidential messages following the bill's passage.
When researching legislative history, one essentially works backward through the legislative process. The process and the resulting documentation are thoroughly described in The Process of Legal Research, which is available in the Library’s Academic Success collection on the 6th Floor. Please refer to that text for more detailed information.