Philip A. Yannarella
Documents Librarian
November 2006
Researching a federal legislative history requires learning new terms, definitions, and information resources for the definitions. The number of information resources used to complete a legislative history can vary depending on the law in question and the expertise and ability of the researcher. What follows is a basic research guide for the beginner. This basic guide to the Legislative Process includes an overview, a list of information resources, a legislative flowchart, basic definitions, and a description of the components that make up a federal legislative history.
I Related Legislative History Guides
1. How Our Laws are Made by
Charles R. Johnson, June 30, 2003 edition found in the Library of Congress
Legislative History Online: Thomas (Website Electronic Version) http://thomas.loc.gov/home/lawsmade.toc.html
2. Congressional Sources:
A. - U. S. House of Representatives’
Tying It All Together http://www.house.gov/house/Tying_it_all.shtml
is a summary explanation of The Legislative Process.
B. - U. S. Senate’s
Senate Legislative Process . http://www.senate.gov/legislative/common/briefing/Senate_legislative_process.htm
3. Federal Legislative Research: A Practitioner’s Guide to Compiling
Documents and Sifting for Legislative Intent, by Richard J. McKinney and Ellen
A. Sweet. (Last Revised in October 2005) http://www.llsdc.org/sourcebook/fed-leg-hist.htm
II Related Citation Guides
1. General Guidelines for Citing
Government Publications (Government Documents Department, University of
North Texas) http://www.library.unt.edu/govinfo/citate/Citegen.html
2. Brief Guide to Citing Government Publications (Government
Publications Department, University of Memphis Libraries) http://exlibris.memphis.edu/resource/unclesam/citeweb.html
BIBLIOGRAPHY OF
LEGISLATIVE HISTORY INFORMATION RESOURCES
Hint: Print the Bibliography
for ease of use in locating the resources cited.
FLOW CHART
Hint: Print CHART for assistance in visualizing the legislative steps and
process.
THE LEGISLATIVE PROCESS IN
BRIEF
Definition
A concept, idea, or action is proposed and begins
the legislative process when it is presented to Congress in the form of a Bill
or Resolution on the floor of the House or Senate. The introduction of proposed
legislation by one or more sponsors appears in the Congressional Record. The
proposed House Bill or Resolution is assigned a number and sent to a House
Committee for further consideration, hearings, and reported out for
consideration by the full House. Consideration and voting by the full House
appears in the Congressional Record. The Bill then goes to the Senate and is
assigned to a Senate Committee for further consideration and hearings. When the
Bill is reported out for consideration by the full Senate, consideration and
voting appear in the Congressional Record. If the Senate and House cannot fully
agree on the content of a Bill, it is reviewed by a Joint Committee of Senators
and Representatives to resolve the conflict. All Bills and Resolutions
successfully reported out of Committee are reviewed by Standing Legislative
Committees, placed on one of several Legislative Calendars, and are subject to
legislative rules which determine when and if they will be considered and voted
on by the full House and Senate. When the passage of the Bill by both the House
and Senate occur, the Bill is sent to the President for his signature. The
Presidential Signing, the final step in a legislative history, is usually some
remarks or message. A Presidential veto is also accompanied by a (veto) message.
Each new Public Law and Private Law is assigned a Public or Private Law Number,
e.g. 109 (Congress) – 12 (12th law passed), and both are issued as slip laws.
THE LEGISLATIVE PROCESS
CHART: 1H/1S BILLS
Definition
Most Bills can be introduced in either chamber, but tax
Bills can be introduced only in the House. A new Bill first appears in the
Congressional Record. The procedure by which a Bill becomes a law is the same
for both Houses of Congress. In this example, the Bill is first introduced in
the House. It is give a number and referred to the proper
committee.
Explanation/Abbreviations
HOUSE
H. R. = House of
Representatives;
H. RES. = House Resolution;
H. Con. Res. = House
Concurrent Resolution
H. J. RES. = House Joint Resolution
SENATE
S.:
Senate;
S. RES. = Senate Resolution;
S. Con. Res. = Senate Concurrent
Resolution
S. J. Res. = Senate Joint Resolution,
House and Senate
Bills are legislative proposals designated (for their point of origin as) HR
(for the House of Representatives) or S (Senate) and can be either Public or
Private. “Public Bills” which deal with public or general topics become Public
Laws. “Private Bills” which deal with individual matters such as claims against
the government, immigration and naturalization issues, and land titles, etc.
become Private laws. Bills are assigned a number for the order in which they are
introduced in a Congress (i.e. S.1 is the first Senate Bill of a particular
Congress.)
House and Senate Resolutions are designated by H. Res. or S. Res.
They are sequentially numbered and usually deal with the rules of procedures for
one chamber of Congress or may express a sentiment of Congress. They require
neither passage nor approval by the President and do not have the force of law.
House and Senate Concurrent Resolutions are designated as H. Con. Res. or S.
Con. Res. They are also sequentially numbered, must pass both Houses, but are
not signed by the President and do have the force of law. Concurrent Resolutions
are used to create or amend procedural rules applicable to both houses or
express the sentiment of Congress.
House and Senate Joint Resolutions are
designated as H. J. Res. or S. J. Res. and requires passage by both houses,
approval by the President, and have the force of law just as a House or Senate
Bill. A Joint Resolution is usually used for limited matters such as
appropriations and to propose constitutional amendments. As proposed amendments
to the Constitution, they do not require Presidential signature, but require
ratification by three-fourths of the States to become law.
Information
Resources
Congressional Record
Calendar of the House of
Representatives and History of Legislation
Thomas Legislative Website
CIS
Publications (LEXIS-NEXIS Online)
. CHART 2H/2S HOUSE/SENATE
COMMITTEES
Definition
A House or Senate Committee is a
subdivision of that chamber which prepares Bills for consideration and passage
by the full chamber. There are Standing Committees which can be divided into
Subcommittees. Subcommittees study legislation, hold hearings, and make
recommendations to the full committee. Only the full/standing committee can
issue a Report for action by the Senate or House.
Special/Select Committees
are temporary committees formed to handle special non-legislative or complex
issues, or public policies, and are dissolved when their work is done (e.g.
Senate Special Committee on Aging and House Select Committee on Intelligence).
They can hold hearings and issue printed hearings, studies, and reports.
Standing committees are permanent topically oriented committees that
routinely handle the Bills of a particular nature (e. g. Ways and
Means).
CHART 2H
HOUSE
COMMITTEES
Permanent/Standing
Administration
Agriculture
Appropriations
Banking
and Financial Services
Commerce
Economic and Educational
Opportunities
Government Reform
House Oversight
International
Relations
Judiciary
National
Security
Resources
Rules
Science
Select Intelligence
Small
Business
Standards of Official Conduct
Transportation and
Infrastructure
Veterans’ Affairs
Ways and Means
Select:
Select Committee on Homeland Security
Information
Resources
United States House of Representatives
http://www.house.gov/
CHART 2S
SENATE COMMITTEES
. Permanent/Standing
Agriculture, Nutrition,
and Forest
Appropriations
Armed Services
Banking, Housing, and Urban
Affairs
Budget
Commerce, Science, and Transportation
Energy and Natural
Resources
Environment and Public Works
Finance
Foreign
Relations
Governmental Affairs
Health, Education, Labor, and
Pensions
Indian Affairs
Judiciary
Rules and Administration
Small
Business
Veterans’ Affairs
Select
Select Committee on
Ethics
Select Committee on Intelligence
Special Committee on Aging
CHART 2H/2S JOINT (HOUSE and SENATE)
COMMITTEES
Permanent/Standing
Joint Economic Committee
Joint
Committee on the Library of Congress
Joint Committee on Printing
Joint
Committee on Taxation
CHART 6H/S CONFERENCE COMMITTEE (Proposed Bill(s) conflicts)
A Conference Committee is a committee of both Senators and Representatives
used to mediate differences between House and Senate versions of a
Bill.
Information Resources
United States Senate http://www.senate.gov/
CHART
2H HOUSE AND SENATE COMMITTEE ACTIONS
HOUSE COMMITTEE
1. A
House committee meets in executive (closed) sessions to consider the Bill.
Information Resources
CIS Annual Abstracts and Index (Paper
1970- )
CIS Publications (LEXIS-NEXIS Online)
Congressional Quarterly
Weekly Report
Thomas Legislative Website
CHART 3H HOUSE
COMMITTEE ACTION
2. The House committee can reject the Bill, draft a new one,
or accept the Senate Bill with our without amendments. The Committee issues a
Report, recommends the Bill for passage, and the Bill is listed on the House
Calendar.
Information Resources:
Calendar of the House of
Representative and History of Legislation
CIS Publications (LEXIS-NEXIS
Online)
Congressional Quarterly Weekly Report
Thomas Legislative Website
CHART 4H HOUSE COMMITTEE VOTE/REPORT
3. The House recommends the Bill
for passage. The Bill is listed on the House Calendar and is sent to the Rules
Committee.
Information Resources
Congressional Record
Calendar
of the House of Representative and History of Legislation
CIS Publications
(LEXIS-NEXIS Online)
Congressional Quarterly Weekly Report
Thomas
Legislative Website
CHART 5H HOUSE FLOOR DEBATE/VOTE
4. The House
Rules Committee, one of the most powerful House Committees can block a Bill or
clear it for debate before the entire House.
Information
Resources
Calendar of the House of Representative and History of
Legislation
CIS Publications (LEXIS-NEXIS Online)
Congressional Quarterly
Weekly Report
Thomas Legislative Website
CHART 5H HOUSE FLOOR
DEBATE/VOTE
5. When the Bill then comes up for full House debate, which may
last from a few hours to days or longer amendments may or may not be added. A
possible revision and debate the Bill is voted on by the full House. The content
of the passed or rejected Bill determines the next legislative step. A Bill
which passes goes to the Senate.
Information Resources
Congressional Record
Calendar of the House of Representative and
History of Legislation
CIS Publications (LEXIS-NEXIS Online)
Congressional
Quarterly Weekly Report
Thomas Legislative Website
CHART 2S
SENATE COMMITTEE
6. The full Senate committee meets in executive (closed)
sessions to consider the facts. It may either kill the Bill, approve it with or
without amendments, or draft a new Bill. Information Resources
Congressional Record
Calendar of the House of Representative and
History of Legislation
Journal of the Senate
CIS Publications (LEXIS-NEXIS
Online)
Congressional Quarterly Weekly Report
Thomas Legislative Website
CHART 4S SENATE COMMITTEE VOTE/REPORT
7. The Senate committee
issues a Report, recommends the Bill for passage, and the Bill is listed on the
Senate Calendar.
Information Resources
Congressional
Record
Calendar of the House of Representative and History of
Legislation
Journal of the Senate
CIS Publications (LEXIS-NEXIS
Online)
Congressional Quarterly Weekly Report
Thomas Legislative Website
Monthly Catalog of U.S. Government Publications
CHART 5S
SENATE FLOOR DEBATE/VOTE
8. The Bill then comes up for full Senate
debate, which may last from a few hours or longer. Amendments may or may not be
added. The Bill is voted on by the full Senate.
Next is Congressional
Action/Floor Debate
Information Resources
Congressional Record
CIS Publications (LEXIS-NEXIS Online)
Congressional Quarterly Weekly
Report
Thomas Legislative Website
CHART 5S SENATE FLOOR
DEBATE/VOTE
9. With Senate passage, the Bill goes to the House of
Representatives and is referred to the proper House Committee. If the Bill has
passed the House, it goes to the President to be signed.
Information
Resources
Congressional Record
Calendar of the House of
Representative and History of Legislation
Journal of the Senate
CIS
Publications (LEXIS-NEXIS Online)
Congressional Quarterly Weekly
Report
Thomas Legislative Website
CHART 3H/3S HOUSE/SENATE
COMMITTEE HEARINGS
Definition
A House or Senate Committee Hearing
is held by a subcommittee to investigate the problems and issues of Bill(s)
under consideration. Hearings are usually open to the public, but can be closed.
Witnesses, who attend voluntarily or by subpoena, include specialists,
government officials, and spokesmen for the persons affected by the Bill(s)
under study. Hearings can include testimony, prepared statements, and related
special publications or documents. Multi-session hearings can result in
multi-volume publications which also include reports, or publications supplied
by the witness(es).
Information Resources
Congressional Record:
Daily Digest
CIS Annual Abstracts and Index (Paper 1970- )
CIS
Publications (LEXIS-NEXIS Online)
Thomas Legislative Website
Monthly
Catalog of U.S. Government Publications
CHART 4H/4S
HOUSE/SENATE COMMITTEE PRINTS
Definition
A House or Senate
Committee Print is an approved piece of research, statistical, historical, or
analytical compilations of information related to and/or part of subcommittee
hearings on Bill(s) under consideration.
Information Resources
CIS
Annual Abstracts and Index (Paper 1970- )
CIS Publications (LEXIS-NEXIS
Online)
Monthly Catalog of U.S. Government Publications
CHART
4H/4S HOUSE/SENATE COMMITTEE REPORTS
Definition
A House or
Senate Committee Report is the most important document in a legislative history.
Each report is issued by the Committee after consideration of a Bill. The Report
identifies the scope and content of the Bill(s) under consideration as to the
content that should become law. A Report is used by the courts, executive
departments and agencies, and the public as the authoritative source of
information as to the purpose and meaning of the law in question. House and
Senate Committee Reports are numbered and designated S. Rept. or H. Rept.
Conference Reports, from Joint Senate and House Committees, contain the
compromised version of the Bill(s) agreed to by House and Senate committee
members. Conference Reports are normally designated by a House Number (H. Rpt.).
If the Bill is passed by one body and rejected by the other, or two versions
have major differences, either the House or the Senate may request the creation
of a joint or conference committee. Three to five members, representing both the
Democrat and Republican parties are appointed from each legislative body to make
up a Conference Committee.
Definition
Conference Committee Reports
explain how and why the joint House and Senate conference committee eliminated
the differences between the House and Senate versions of the Bill. These reports
are important in presenting the legislative intent resulting from the
cooperative work of the members of both houses. This report reflects the
compromise on the differing language and the reconciliation of the House and
Senate Bills’ differences.
Information Resources
CIS Annual
Abstracts and Index (Paper 1970- )
CIS Publications (LEXIS-NEXIS
Online)
Monthly Catalog of U.S. Government Publications
CHART 4H/4S
HOUSE/SENATE DOCUMENTS
Definition
House or Senate Documents are
special publications issued by the full House or Senate with the designation
H.Doc or S.Doc. Many result from committee and house Bill consideration This
type of publication can include Presidential messages on new legislation or
vetoes, special reports of executive branch agencies, or biannual reports on
committee activities.
Information Resources
Monthly Catalog of U.
S. Government Publications
CHART 5S SENATE DOCUMENTS
Definition
Executive Documents/Treaty Documents are issued by the Senate and relate to
Treaty Ratifications. For unique identification, each Executive Document was
lettered sequentially within each session of Congress (1789-1980) (Exec. Doc.
A). As of 1981, they are called Treaty Documents and are numbered sequentially
within each Congress (.e.g. Treaty Doc. 99-1)
Information
Resources
CIS Annual Abstracts and Index (1970- )
CIS Publications
(LEXIS-NEXIS Online)
Monthly Catalog of U.S. Government
Publications
CHART 5S SENATE
REPORTS
Definition
Senate Executive Reports related to Senate
Treaty ratifications or Presidential nominee confirmations by the full Senate.
The Executive Reports contain the Senate Committees recommendation to the full
Senate and are numbered sequentially within each Congress (.e.g. Exec. Rept.
99-1).
Information Sources
CIS Annual Abstracts and Index
(1970-)
Monthly Catalog of U.S. Government Publications
CHART 5H/5S
HOUSE/SENATE DEBATES
Definition
Congressional Debates occur on
the floor of the House and Senate. Senators and Representatives introduce Bills,
offer discussion, interpretations, or pro/con arguments with regard to Bills.
Some of the verbal proceedings may be verbatim or revised before being printed,
and there may be reprints of materials submitted. Discussion and debate in
either or both houses may result in the passage of the Bill by both houses.
After the Bill is signed by the Speaker of the House and the President of the
Senate, it is sent to the President for his signature Historically,
Congressional Debates appeared in the: Annals of Congress (1st Congress May 3,
1789 thru 18th Congress 1st Session, May 27, 1824) Register of Debates( 18th
Congress 2nd Session, December 6, 1824 thru 25th Congress 1st Session October
16, 1837), The Congressional Globe (23rd Congress, December 2, 1833 thru 42nd
Congress, March 3, 1873), and Congressional Record ( 43rd Special Session March
4, 1873 to present).
Information Resources
Congressional
Record
CHART 7 PRESIDENTIAL
ACTIONS/INACTIONS
Definition
The President may sign or veto the
Bill within 10 days. If he does not sign the Bill within10 days and Congress is
still in session, it automatically becomes a law without his signature. If
Congress has adjourned before the 10 days have elapsed and the President has not
signed the Bill, the Bill does not become a law. This is known as a Pocket Veto.
If the President vetoes a Bill, while congress is in session, it returns to
Congress and may still become a law if Congress passes it with a two-thirds
majority vote in both Houses. Upon receipt of a Bill, the President can sign it,
veto it, or take no action.
Information Resources
Weekly
Compilation of Presidential Documents
Public Papers of the
President
CHART 7
Presidential Messages. The President submits
treaties to the Senate for ratification, or a proposes Bill to Congress with a
letter requesting its enactment, or a required report to Congress. The
President’s treaty messages are found in Documents which also contains the text
of the proposed treaty and any accompanying documentation or explanation.
Information Resources
Weekly Compilation of Presidential
Documents
Public Papers of the President
Treaty Documents
Executive Documents.
CHART 7
Veto. A Bill that's
disapproved, or vetoed, is returned to Congress with a presidential message
outlining the reasons for vetoing the Bill. Congress then must decide whether to
override or sustain the veto. To override a veto, Congress needs a 2/3rds
majority from both chambers. Veto messages may be in the Congressional Record or
as a House Document.
Information Resources
Congressional
Record
Weekly Compilation of Presidential Documents
Presidential Vetoes,
1789-1988 (February 1992, Y 1.3:S.Pub. 102-12)
Presidential Vetoes, 1989-2001
(October 2001, Y 1.3:S.PUB.107-10)
CHART 8 PUBLIC/PRIVATE LAWS
Definition
Every Bill which becomes a law through a Presidential
signature or lack of veto is either a Public Law or Private Law and first
appears as a Numbered Slip Law. The new law is then included in the Statutes at
Large and the U.S. Code.
A Slip Law is the first official publication of
a Bill after it has been signed into law by the President. It is published as an
unbound single sheet or pamphlet form and is numbered sequentially by Congress
and law numbers (Public Law 96-1, First law of the 96th Congress).
Information Resources
Congressional Index
Thomas
Website
A Public Law applies to public or general topics for the entire
country.
Information Resources
Congressional Index
Public Laws
A Private Law applies to individual matters such as claims against the
government, immigration and naturalization issues, and land titles,
etc.
Information Resources
Congressional Index
Private Laws
CHART 9 CHRONOLOGY
Definition
Statutes-at-Large.
This set of volumes provides a chronological arrangement of the slip laws passed
by each session of Congress. Each annual/Congressional session volume provides
indexing for the laws included.
Information Resources
U.S.
Statutes at Large
CODIFICATION
Definition
U.S. Code. The
United States Code is the official (GPO-published) subject-organized
consolidation and compilation of all the general and permanent laws of the
United States in effect at the time of printing. This set is revised every six
years with annual updates.
Information Resources
United States Code
CHART 10 IMPLEMENTATION & REGULATORY ACTION
In many
instances new Public laws require that Executive Agencies establish Regulations
for the implementation of the new law. The President also has the authority to
require an executive agency to create regulations for the implementation of a
new law.
Information Resources
Code of Federal Regulations