Are conference reports part of legislative history

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The conference report is a particularly important source of legislative history because it explains all conference committee compromises. Keep in mind it might discuss only those sections of a bill which are in controversy.

Congressional committee

Congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction.
https://en.wikipedia.orgwiki › United_States_congressional_…

reports in general, and conference reports in particular, are the most important source of legislative history. Reports are issued for almost every bill that becomes a law, and there is usually a report from each of the House and Senate committees that considered the legislation.Mar 1, 2022

Full
Answer

What is a conference report and how is it issued?

If a conference committee was appointed to draft a compromise bill acceptable to both the House and Senate (this occurs when the House and Senate versions of the bill are different), a conference report will be issued.

What is a Congressional report?

Congressional reports are the written reports that accompany a bill from committee to consideration on the floor of the House or Senate. Congressional reports will explain the bill proposal and its intended effects in some detail. A House report and a Senate report may be available for each enacted law.

When does a bill go to conference committee?

In the example, both the House report and the Senate report came out of the 97th session (1981-1982) of Congress. If the House and Senate pass bills that have significant differences, the bill may be sent to a conference committee to be reconciled. That conference committee may issue a conference report (H.R. Conf. rep. No. 97-8).

What is legislative history?

Legislative history is a term that refers to the documents that are produced by Congress as a bill is introduced, studied, and debated. These legislative documents are often used by attorneys and courts in an attempt to determine Congressional intent or to clarify vague or ambiguous statutory language.

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What is included in legislative history?

Legislative History is made up of documents preceding and accompanying the enactment of a law. These documents generally include bills, public laws, floor debates, and committee hearings, prints, and reports. They can be used to determine the legislative intent of a statute.


What is a conference report in Congress?

A conference report is an agreement on legislation that is negotiated between the House and Senate via conference committees. It is printed and submitted to each chamber for its consideration, such as approval or disapproval.


What are some types of legislative documents that may be useful in preparing a legislative history?

Bills. By looking at the different versions of a bill as it made its way through Congress, you may be able to infer what the legislature had in mind with respect to a particular provision. … Reports. … Hearings. … Debates. … Presidential Statements.


What is a legislative report?

A legislative report is any written expression of official USDA position on a proposed bill or draft legislation, an enrolled bill, another agency’s proposed legislation or report to Congress, or proposed executive orders and proclamations.


Why conference committee is important to the legislative process?

A conference committee is a temporary, ad hoc panel composed of House and Senate conferees formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major or controversial legislation.


Can conference reports be amended?

In the Senate, a conference report may not be amended, but as indicated above, if more than one amendment has been sent to conference, the conferees may report in disagreement any of those amendments on which they cannot reach an accord, and after the conference report is disposed of the Senate may then proceed to …


What is legislative history how is it used?

Legislative history is a term that refers to the documents that are produced by Congress as a bill is introduced, studied, and debated. These legislative documents are often used by attorneys and courts in an attempt to determine Congressional intent or to clarify vague or ambiguous statutory language.


How do you write legislative history?

Documents to Include in a Legislative HistoryPublic Law number. … Statutes at Large citation. … Popular Name.Date signed into law by President (note name of President)Bill number (cite either as a House or Senate bill and include year. … Sponsor (include name, state and party affiliation)More items…•


How do you analyze legislative history?

Steps for Researching California Legislative HistoryStep 1: Locate the Code Section.Step 2: Find the Session Law.Step 3: Locate the Bill.Step 4: Read Analysis and Committee Files.Step 5: Locate and Review the Governor’s Bill File.Step 6: Analyze the Senate and Assembly Journals.More items…•


Which committee reports most of the legislation in Congress?

standing committeesThe most common type of committee, standing committees consider bills and other legislation that is before the U.S. House of Representatives. When a bill is introduced on the House floor, it is assigned a bill number and sent to a standing committee by the Speaker of the House.


What is the conference committee?

A conference committee is a joint committee of the United States Congress appointed by the House of Representatives and Senate to resolve disagreements on a particular bill. A conference committee is usually composed of senior members of the standing committees of each house that originally considered the legislation.


What is meant by committee report?

1A report prepared by or for a committee. 2Specifically a report presented to a legislative body containing the conclusions of a committee appointed to consider a particular matter, especially proposed legislation.


What is a conference committee?

A conference committee is made up of Senators and Representatives appointed to work out differences in the amended bill. When Senate and House conferees reach agreement on all or part of an amended bill, they prepare a report making their recommendations to the House and Senate. The report contains a prefatory statement, which must be sufficiently detailed and explicit to inform Congress of the effect of the report on the matters committed to the conference. Each house of Congress must then agree on the recommendations of the conference report for the bill to pass.


What are the House and Senate hearings?

House and Senate Committees hold hearings on matters of general concern and on specific legislation. Committee hearings are technically not part of legislative history since they do not contain Congressional deliberations. Hearings generally contain the views and statements of interested parties, not legislators. They provide background information and are useful sources for understanding why Congress did or did not adopt specific language based upon the testimony of experts.


Why are committee prints important?

They are valuable in understanding legislation because they can provide background and context for the decisions made by committees.


Is a debate considered a committee report?

Congressional debates are generally not as influential as committee reports. Some authority claims that debates are not to be given weight for legislative history purposes, See S & E Contractors v. US, 406 U.S. 1, 13 (note 9) (1973), however when the statements come from the bill’s sponsors they are given some weight when the stated intention is to clarify or explain the bill’s purpose.


Is a presidential message considered a legislative history?

Presidential messages, reports, and documents of federal agencies may be of interest when developing a legislative history, but because these are not developed by Congress, they are not considered a primary source of legislative history.


What is a congressional report?

About Reports. Congressional reports are the written reports that accompany a bill from committee to consideration on the floor of the House or Senate. Congressional reports will explain the bill proposal and its intended effects in some detail. A House report and a Senate report may be available for each enacted law.


When did the House and Senate report come out?

In the example, both the House report and the Senate report came out of the 97th session (1981-1982) of Congress. If the House and Senate pass bills that have significant differences, the bill may be sent to a conference committee to be reconciled.


Why are committee reports important?

First, the reports are authored by, and therefore contain the views of, multiple members of Congress.


What is the first number in a citation for a House report?

Rep. No. 97-8, S. Rep. No. 97-8). The first number in the citation refers to the congressonal session.


What is legislative report?

These “Legislative Reports” are reports on a bill from a Congressional committee. It is here that USCA, unlike the official USC or Lexis’ USCS, may provide citations to some (but not necessarily all) relevant reports, along with an accompanying citation to where you can read an excerpted version in USCCAN.


What is a committee report?

Committee Reports: A committee’s report on a bill is considered one of the most important pieces of a legislative history. Most bills die in committee, but House and Senate committees do report some bills for consideration by the full chamber (though only the House requires the production of a written report).


How many times did the conference committee meet before the No Child Left Behind Act?

The Conference Committee met six times before issuing its final report on the No Child Left Behind Act, dated Dec. 13, 2001. As an example of how committee meetings are conducted, below is C-SPAN footage from the second meeting on Aug. 1, 2001.


Why is the accompanying report important?

It is valuable for determining the intent of the conferees. Conference reports are issued as house reports and are always reprinted in the Congressional Record, usually on the day it is filed.


What is legislative history?

Overview. Legislative history is a term that refers to the documents that are produced by Congress as a bill is introduced, studied, and debated.


When citing a legislative document, do you include the year?

Therefore, you usually must include the year or session of Congress when you cite to a legislative document or when you are looking to find a particular document by its citation. (E.g. “H.R. Rep No. 105-452” indicates report 452 issued in the House of Representatives during the 105th Congress .)


What are the types of legislative documents?

Types of Legislative Documents, Generally. Committee Reports are usually considered the most important legislative documents and contain more analysis than the other documents. Bill versions and Congression al Debates may also be relevant.


Is a legislative document a persuasive document?

Note, however, that legislative documents are merely persuasive authority, not mandatory authority. (You can learn more about the legislative process and how to use legislative history documents for statutory interpretation by referring to a treatise on the topic.)


What is legislative history?

Essentially, the phrase legislative history refers to the documents created when lawmakers introduce and debate bills as part of the legislative process. For example, federal legislative history may include several different types of Congressional documents such as: Committee reports. Congressional testimony and floor debates.


What are legislative documents?

Essentially, the phrase legislative history refers to the documents created when lawmakers introduce and debate bills as part of the legislative process. For example, federal legislative history may include several different types of Congressional documents such as: 1 Committee reports 2 Congressional testimony and floor debates 3 Committee hearings 4 Different versions of the bill before it is passed


Why do lawyers use legislative documents?

If a statute is unclear, lawyers and courts may use legislative documents to try to clarify ambiguous language or help determine what lawmakers were intending when they passed the law (i.e. their legislative intent).


What does the court believe about statutory language?

The court believes the language is, in fact, ambiguous, unclear, or vague. The court believes that applying the plain meaning of statutory language would lead to an absurd or unreasonable result. The court believes that there is clear evidence of contrary legislative intent 2.


Is finding the relevant law the problem?

Finding the relevant law wasn’t the problem. In fact, you found it right away. The issue is that the statute is frustratingly vague as to how it is supposed to be applied to your situation. And worse, no court has ever attempted to interpret this statute before, as least as far as you can tell from your research.


The Federal Legislative Process

“Legislative history” refers to the background and events leading to the enactment of a statute, including hearings, committee reports, and floor debates. Legislative history can be used to aid in interpreting the statute (Black’s Law Dictionary).


Useful Sources for Legislative History Research

This collection features the complete Congressional Record Bound version, as well as the daily version back to 1980.

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What Is Legislative History?

  • Legislative History refers to the documents generated by Congress during the passage of a statute. Legislative history is often used by litigants and courts to help ascertain the meaning of a statute. For a description of the Federal legislative process, see: Enactment of a Law by U.S. Senate Parliamentarian Robert Dove How Our Laws Are Madeby U.S….

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What Documents Comprise Legislative History?

  • The Statute – Often overlooked, the text of the statute as passed is the best evidence of legislative intent. Bills and Amendments – Versions of the bill, as introduced, and as amended during the Congress consideration. Committee Hearings – A bill typically will be referred to a House and/or Senate committee. The committee may hold hearings on the bill. Sometimes Congressional co…

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Sources For Legislative History Documents

  • STATUTES 1. U.S. Statutes at Large (1789+)US 002 A2; HeinOnline https://research.lib.buffalo.edu/heinonline(UB only) 2. U.S. Code Congressional and Administrative News (USCCAN, 1941+)LAW US 002 U6(Fed. Core) 3. FDsys (GPO)- Public & Private Laws 104th Cong., 1995+ http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=PLAW 4. Tho…

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