Knowing some basic information about the statute you are researching will expedite your statutory and legislative history research. Good places to look for background information are secondary sources like legal encyclopedias or treatises or the website of any agency charged with administering the statute (if there is one).
For example, many consumer protection laws, like the Fair Credit Reporting Act (FCRA) fall within the regulatory scope of the Federal Trade Commission. The FCRA is a federal consumer protection statute which promotes the accuracy, fairness and privacy of information in the files of consumer reporting agencies. It gives consumers the right to request a free credit report once a year. It also provides certain rights in the case of identity theft. By visiting the agency website below, one might learn this and other helpful background information about the law.
When reading and understanding a statute, it is also helpful to know, in general, how legislation is drafted. Most laws are composed of the following provisions: opening (i.e. definitions, scope), operative (general rule, consequences for violation, exceptions and enforcement) and closing (effective date). See Christina L. Kunz et al, The Process of Legal Research (2012) KF240 .P75 2012 Academic Success 6th Floor. Note further that, for purposes of statutory research and analysis, the definitions sections can be especially important as they may determine the scope of the law’s coverage.
Let's research the legislative history of the FCRA, specifically the definition of "identity theft". If you do not already have the citation to the FCRA in the U.S. Code, finding the citation using the popular name table is the first step.
The print popular name table indicates the U.S. Code citation in parentheses after each public law number reference. Usually, the first public law number listed constitutes the original enactment. Thus, the original enactment of the FCRA can be found at (15 §§ 1681, 1681a to 1681t). The first number (15) refers to Title 15 of the U.S. Code which includes all federal laws governing Commerce and Trade. The number(s) after the section symbols (§§) refer to the specific section(s) and/or section ranges within Title 15. A proper citation to the FCRA would look like the following: 15 U.S.C. §1681 et seq.
As mentioned above, the first public law number is typically the original enactment of the law. However, sometimes two public law numbers are listed with the language “as added” between them. In this instance, for example, the first public law number references appear as follows: P.L. 90-321…as added P.L. 91-508. This means that the text of the Fair Credit Reporting Act, P.L. 91-508, was added to a preexisting law, P.L. 90-321, known as the Consumer Credit Protection Act. If there are ever any questions about public law number references, it is best simply to look them up in the Statutes at Large or USCCAN.
Note that the print version of the popular name table shown above contains many Public Law numbers under the heading "Fair Credit Reporting Act". These later public law references are subsequent amendments to the FCRA. In addition, popular names of related acts, such as the Consumer Credit Protection Act, are provided. The print popular name table is, therefore, useful not only for finding the law within the U.S. Code but also for finding the earlier and later history of the law.
On Westlaw, the electronic popular name table is more like a disposition or conversion table. It translates all of the original public law section numbers into U.S. Code section numbers. Thus, section 603 of Public Law 91-508 has been codified at 15 U.S.C.A. 1681a. Some laws are of such major importance they are considered landmark legislation, i.e. tax code or securities acts. Lawyers who specialize in these areas of law often cite to such major legislation by its original internal section numbers, rather than U.S. Code section numbers. This can be confusing when one is new to a particular legal specialty. Refer to the popular name table to clear up any confusion.
As explained under Step #3 below, it is critical to identify which Public Law number to research, as that number is the key for finding most legislative history documentation.
After finding the citation of the statute with the popular name table, the next step is to find the full text of the law in the U.S. Code. This is not always as simple as it sounds. As explained under the prior tab, a crucial feature for navigating statutes, whether in print or electronically, is the table of contents.
With the electronic table of contents shown below, you may have to drill down through chapters and subchapters to get to the specific sections in which you are interested. In the print version of the U.S. Code whether annotated or unannotated, there may be several tables of contents in one volume. For example, there is usually a broad table of contents at the beginning of the volume showing all of the chapters within a particular title and several mini tables of contents at the beginning of each chapter. Be sure to use these tables in order to navigate statutes effectively.
Note that Chapter 41 deals with Consumer Credit Protection. By looking up the session law and U.S. Code citations, one can see how the law developed. For example,the Consumer Credit Protection Act became Chapter 41 of Title 15 of the U.S. Code when it was enacted in 1968. The FCRA was added to Chapter 41 as subchapter III in 1970. It is helpful to keep such timelines in mind when doing any kind of statutory research.
The definitions section usually appears at the beginning of the Act. In this case, §1681a and, specifically, §1681a(q)(3) contains the definition of “identity theft” as shown below. This language is relatively new and courts may not have interpreted it yet. The legislative history might clarify what Congress meant.
The first references to legislative history can be found at the end of the statutory section itself. There one will see a string of citations within parentheses, also sometimes called the “credits”. Much of this information is the same as that which appears in the Popular Name table, namely, the public law number of the original enactment and public law numbers of later amendments. However, the information shown below is specific to this particular section, §1681a.
In addition to Public Law numbers, one can see citations to the Statutes at Large (abbreviated as “Stat”) in the credits field. As explained in the How Laws are Published tab, the Statutes at Large is the official publication of U.S. session laws.
After the credits field, the Historical and Statutory Notes appear. These Notes contain references to House and Senate Reports in USCAAN, the unofficial publication of U.S. session laws and selected legislative history.
When there are many Public Law numbers as we see here, the first crucial step is to identify which public law to research, that is, which public law contains the statutory language that you are researching. In this instance, we must, therefore, determine where the identity theft language in §1681a(q)(3) came from.
Sometimes, one must look up each of the session law citations in order to find the language in question. This can be tedious. The Historical and Statutory Notes may be a shortcut. Note, for example, that here the Notes contain a reference to subsection q and explain that it was added by Public Law 108-159.
As an aside, note that online services like Westlaw and Lexis make it possible to search for public law numbers in the credits field. Using such a search, one can find where a particular public law was codified, even without the tools that one would find in traditional print sources (i.e. disposition or conversion tables). This additional capability of electronic database searching can sometimes come in handy.
As mentioned above, the Historical & Statutory Notes may contain helpful information such as references to House and Senate Reports in the United States Code Congressional and Administrative News (USCCAN). USCCAN is an unofficial source of the federal session laws. USCCAN pages cross reference pages in the Statutes at Large, the official publication. One can find materials in USCCAN simply by knowing the public law number and looking for that number on the spine of the volume.
As shown below, there are two kinds of volumes in USCCAN: laws and legislative history. The legislative history volumes contain selected House and Senate Committee Reports, which are considered among the most important legislative history materials. The latest red pamphlet is also an updating tool that contains legislation passed by the current session of Congress. Updating statutory research is important as described further below.
Note that Public Law numbers and Report numbers can look similar, as both include the number of the Congress followed by a dash. Try not to confuse them. Note also that legislative history materials in USCCAN are gathered and reprinted in a single volume, but each document appears in its original form, with its own internal page numbering. That can be confusing too but remember that the materials are still in public law number order so look for the public law number at the top of the page to find your bearings.USCCAN is a quick way to obtain some of the most important legislative history, but it does not constitute exhaustive legislative history research.
When doing statutory research in print, currency is crucial. Often, the main volume is too old to contain the latest amendments to the statute you are researching. A volume published in 1998, for example, will not contain changes made in 2002. Given the time lags inherent in print publication, even a new volume is still often several months out of date.
The pocket part or supplement picks up any changes to the law from the publication date of the main volume usually through the end of the last complete Congressional session. Check the cover page for exact coverage. Always remember to check the main volume and the USCA pocket part or soft cover supplement for currency. The USCCAN pamphlets can be used to update beyond the pocket part or supplement. The latest red USCCAN pamphlet contains a Table of Amended, Repealed and New U.S. Code Sections like that shown below.
Thus, USCCAN is a tool for updating statutory research and also one of the most important sources for selective legislative history research. USCCAN is a West print publication that dates back to the 1940s, so it is the first resource to use if your statute falls within that time frame. The print version of USCCAN is located on the 9th floor of the Library. The electronic version is available via Westlaw.
Currency is not as much of an issue when researching statutes electronically. An electronic version of the US Code, annotated and unannotated, is available on Westlaw and Lexis. Although the electronic version is almost always more current than the print, it is still a good idea to check electronic databases for currency. Click on the “I” symbol to read scope of coverage and other helpful information about the database you are using.
Based on the Historical and Statutory Notes displayed under Step #3 above, it is likely that the definition of “identity theft” in §1681a(q)(3) comes from P.L. 108-159 which was enacted in 2003. By looking up P.L.108-159 in the 2003 USCCAN Law volume, one can indeed confirm this information. In addition, USCCAN contains cross references to the U.S. Code and the Statutes at Large, which provide further confirmation.
At the end of P.L. 108-159 in USCCAN, there is a reference to the enacted bill number (H.R. 2622) and a companion Senate bill (S.1753). Note that H.R. refers to House of Representatives Bill number (not House Report). Note further that bill numbers do not contain dashes or refer to a particular Congress. When a new Congress starts, bill numbering starts over again with S. 1 and H.R. 1. Given the date the law was passed, however, one can conclude that the bill in question, H.R. 2622, came from the 108th Congress (2003-2004). The bill number is another bit of key information that is needed to find additional legislative history materials, specifically, Congressional debate.
In addition, there are references to House and Senate Committee Reports, Debate in the Congressional Record and a Presidential signing statement. This short list provides additional leads to pursue if one wishes to do more comprehensive legislative history research. It also tracks the bill’s passage through Congress. Only selected legislative history materials are contained in USCCAN. To find them, one must turn to the legislative history volumes, which are also organized by public law number.For Congressional debate, however, one must access a different source, namely, the Congressional Record.
The first page of the legislative history of Public Law 108-159 lists all the Reports relating to this law and then notes those reports that are set out, that is, reprinted, in USCCAN. Note that some reports are only excerpted, as opposed to “set out in full”, as in this in this case. Below for example is an excerpt of House Conference Report 108-396. Conference reports can be particularly important sources of legislative intent. See the Introduction tab for further information about conference reports.
Note that next to each Report listed, there is a reference to the bill it accompanies. Note also that these Reports are eventually published in the Serial Set, which is described under the How Laws are Published tab. In this instance, USCCAN also reprints the presidential signing statement, which is unusual.
While USCCAN is also available via Westlaw, coverage varies quite a bit from the print version depending on the type of material. One may wish to use the LH database instead for expanded coverage of Committee Reports. The LH database includes all reports since 1990, including reports on bills that did not become law. This important scope of coverage information is available by clicking on the “i” information icon or you might can call a West reference attorney for guidance as to which database or combination of databases to search. The information screen also provides research tips, such as what fields to search. In this case, the TO or Topic field, allows one to search for legislative history relating to a specific Public Law number and retrieve the presidential signing statement as shown below.
Another impressive feature of electronic statutory and legislative history research on Westlaw is this graphical statutes display. Note that the Public Law references in this display derive from the credits field. From this display alone, you can link to the prior text of the law as contained in the U.S. Code, the various public laws or session laws, bill drafts, Congressional Reports and debate in the Congressional Record. Westlaw’s graphical display feature goes beyond the selected legislative history materials contained in USCCAN. One can use this feature to assemble an almost complete legislative history. Please note, however, that the graphical statutes feature is only available for code sections enacted on or after January 2, 1996.
