Why do congressional committees hold public hearings

Each committee makes public the date, place and subject of any hearing it conducts. The committee meetings scheduled for today are available along with other House Schedules. Public announcements are also published in the Daily Digest portion of the Congressional Record. A transcript of the testimony taken at a hearing is made available for inspection in the committee office, and frequently the complete transcript is printed and distributed by the committee. Members of the committee study the viewpoints presented in detail.

Amendments may be offered to the bill, and the committee members vote to accept or reject these changes. A bill does not have to be introduced and referred to a committee for the panel to hold a legislative hearing.

Sometimes, a hearing will be held prior to the introduction of a bill for the purpose of gathering information the committee can use in shaping legislation. There is no requirement that legislation be drafted based in whole or in part on hearing testimony or that, if hearings are held, the committee must mark up and report a measure.

In only a few procedural circumstances e. Congress has historically engaged in oversight of the executive branch—specifically the review, monitoring, and supervision of the implementation of public policy. Oversight hearings are one technique a committee can use in this evaluation. A committee may also hold an oversight hearing when a program under its jurisdiction is set to expire and needs to be reauthorized in order to continue.

An investigative hearing differs from a legislative or oversight hearing in that investigations usually involve allegations of wrongdoing by public officials acting in their official capacity or by private citizens or entities whose activities may suggest the need for a legislative remedy.

By their nature, investigative hearings may be more likely than other kinds to be confrontational and adversarial. For this reason, witnesses in these hearings are more likely to appear under subpoena and to be sworn. As a consequence, certain of the rules that govern hearings are often most pertinent to this type of hearing. For example, there are rules that specify procedures for the treatment of witnesses and govern the issuance of subpoenas.

A House or Senate resolution is sometimes used to establish a special investigative committee or to initiate a specific investigation. These authorizing resolutions commonly establish special procedures for the hearings stage of a committee's investigation.

Each Senate committee has the authority to hold confirmation hearings on presidential nominations to executive and judicial positions within its jurisdiction. Committees are not required to hold hearings, and many routine nominations, such as military promotions, are forwarded directly to the Senate floor.

Hearings are commonly held only for the very highest positions, such as nominees to become members of the President's Cabinet or the Supreme Court. Necessary research has been conducted, and relevant materials assembled in a briefing book. Briefings may have been conducted for Senators, staff, witnesses, and the press. Administrative issues, such as arranging for a reporter of debates, have been addressed. With thorough and careful preparation, most hearings can be expected to proceed routinely.

Senators and staff sometimes confront unanticipated events that require a change in plans, such as a need to call additional witnesses or to close a session to the public. Each committee can determine the number of members required for taking testimony in hearings Rule XXVI, paragraph 7 a 2. With few exceptions, Senate committees allow one Senator to take sworn and unsworn testimony.

For instance, the Committee on Appropriations permits one Senator to take unsworn testimony, but sworn testimony requires three Senators. However, one Senator is sufficient to take sworn testimony at an Appropriations subcommittee hearing.

The Committee on Armed Services requires three Senators to take sworn testimony, one of whom must be from the minority party, unless a majority of the committee orders otherwise. The Committee on Health, Education, Labor and Pensions allows one Senator to conduct a hearing, with the approval of the chair.

In order to take sworn testimony, however, three members of the committee are required; although, with the concurrence of the chairman and the ranking minority member, one Senator may hear subpoenaed witnesses or take sworn testimony.

The Committee on Rules and Administration requires two Senators to take sworn testimony and one Senator to hear unsworn testimony, though once a two-person quorum has been established, a single member may continue taking testimony. Committee staff often poll Senators before the start of a hearing to determine which members plan to attend. Sometimes staff also obtain information on where Senators can be reached, in case they are needed to meet the quorum requirement.

The vast majority of committee hearings are open to the public, as required under Senate rules. A hearing, like other committee meetings, may, however, be closed for specific reasons stated in Senate rules Rule XXVI, paragraph 5 b.

A committee may close a hearing if it 1 involves national security information; 2 concerns committee personnel, management, or procedures; 3 invades the personal privacy of an individual, damages an individual's reputation or professional standing, or charges an individual with a crime or misconduct; 4 reveals identities or damages operations relating to law enforcement activities; 5 discloses certain kinds of confidential financial or commercial information; or 6 divulges information that other laws or regulations require to be kept confidential.

The Senate rules also contain a specific procedure for closing a hearing. By motion of any Senator, if seconded, a committee may close a session temporarily to discuss whether there is a need to close a hearing for any of the reasons stated above. If so, the committee can close the hearing by majority roll call vote in open session. By this procedure, a committee can close a hearing or a series of sessions on a particular subject for no more than 14 calendar days.

No witness may refuse to testify on the grounds that such testimony "may tend to disgrace him or otherwise render him infamous" 2 U. Witnesses at Senate hearings receive protections mainly through their rights under the Constitution, and rules adopted by individual committees. Constitutional protections include the First, Fourth, and Fifth Amendments. While committees may seek documents from witnesses, the Fourth Amendment prohibits unreasonable search and seizure to obtain information.

The First Amendment protects witnesses who may seek to refuse compliance with a committee subpoena by claiming that the committee has infringed on the witness's right to free speech, assembly, or petition.

Under the Fifth Amendment protection against self-incrimination, witnesses cannot be compelled to give evidence against themselves unless granted immunity. Among committee rules, several provide witnesses with a right to counsel. The Committee on Homeland Security and Governmental Affairs allows counsel to be present and to advise witnesses of their legal rights.

If a witness is an "officer or employee of the government, or of a corporation or association," the chair may determine that representation by counsel from the government, a corporation, or an association representing other witnesses creates a conflict of interest and may order that the witness be represented by committee staff or by personal counsel.

Several Senate committees have rules that prohibit the release of confidential testimony unless it is authorized by a majority of the committee. The Finance Committee gives witnesses the right to request that cameras be turned off if they do not wish to be televised while testifying.

When present, a committee's chair ordinarily presides over its hearings. Senate rules stipulate that in the absence of the chair, the ranking member of the majority party is authorized to preside Rule XXVI, paragraph 3.

The rules of several committees provide that if neither the chair, ranking majority member, nor any other member of the majority is present, then the ranking minority member present may preside. The Committee on Homeland Security and Governmental Affairs provides that if the chair or his designee is absent 10 minutes after the scheduled time of the hearing, then the ranking majority member present can preside.

If no member of the majority is present, then, with prior approval of the chair, the ranking minority member present may open and conduct the hearing only until a member of the majority arrives.

To begin the hearing, the chair commonly makes an opening statement introducing the subject and purpose of the session. The chair may describe important events leading to the hearing and key contemporary issues.

He or she also may outline the committee's approach to the issue; a procedure for interruptions, such as for roll call votes; and the schedule of future hearings. When finished, the chair generally recognizes the ranking minority member to make an opening statement, and may then recognize other Senators.

Since debate time in the Senate is generally unrestricted, Senators recognized for opening statements may, under the rules, speak as long as they wish. The chair may, however, request that in the interest of time, Senators limit the length of their statements.

Following opening statements, the chair customarily introduces each witness in accordance with the arranged order and format. In some cases, for example a home state witness, a committee member other than the chair might introduce the witness. A procedure for administering an oath for sworn testimony to witnesses is not addressed in Senate rules, although by statute any Senator is authorized to administer an oath to a committee witness 2 U. Most committee rules provide further guidance in this area.

Commonly, committee rules provide that an oath may be administered when the chair or ranking minority member deems it necessary, as with the Select Committee on Intelligence. The Select Committee on Ethics requires that all witnesses testifying at adjudicatory hearings be sworn unless the Senator presiding decides otherwise. In practice, most other committees rarely require testimony under oath.

Swearing witnesses is most common at investigative hearings and hearings dealing with sensitive subject matter. Sometimes witnesses at confirmation hearings are also sworn in. Senate rules do not limit the time allowed for witnesses to present oral testimony. In practice, some committees cap the time allowed for witnesses to make their presentations. Since witness testimony generally is available to the committee in advance, and in the interest of time, it is usually not necessary or desirable for a witnesses to read their entire prepared statement.

The rules of several committees, including Banking, Housing and Urban Affairs; Finance; and Foreign Relations, limit oral presentations to ten minutes. The Select Committee on Intelligence rules state that oral presentations shall "not exceed a reasonable period of time as determined by the Chairman, or other presiding members.

Some committees employ a system of lights to guide witnesses in their oral presentations. A green light tells the witness that time remains to continue a presentation.

A yellow light warns the witness to begin to conclude oral testimony, and a red light informs the witness that the presentation should end. The question and answer period that follows a witness's statement presents an opportunity for Senators to clarify assertions made in testimony, to expand upon witness statements, and sometimes to question the veracity of statements.

Moreover, it offers an opportunity for the committee to build a public record and to obtain information to support future committee actions. Committee staff sometimes prepare questions or talking points for committee leaders and other members. In some cases, witnesses may be informed in advance of the line of questioning the committee intends to pursue.

Under Senate rules, when recognized, a Senator may, in general, speak as long as he or she wants. Most committees do not restrict this right of debate for questioning witnesses. Several committees, however, have imposed a rule limiting Senators to five minutes to question each witness until all committee members have had the opportunity.

The Committee on Banking, Housing and Urban Affairs limits questions to each witness to five minutes when five or more Senators are present, and 10 minutes when fewer than five are present. Where committee rules are silent on this procedure, the chair or Senator presiding commonly sets ground rules for questioning either at the start of the hearing or after a witness's oral presentation.

Whatever the stated procedures, committee leaders generally seek to accommodate Senators during the question period. Each committee has the discretion to determine the order in which members may question witnesses. A common procedure allows alternating between the parties, in order of seniority.

By contrast, the so-called "early bird rule" permits members to question witnesses based on Senators' order of arrival at the hearing. Some committees, for example, Agriculture, Nutrition, and Forestry, authorize the use of either of these methods. In practice, committee chairs can entertain requests to proceed out of order to accommodate the schedules of individual Senators.

Both Senate rules as well as those of most committee are silent on the matter of the use of staff to question witnesses. Unless specified by committee rule, it is commonly the prerogative of the chair, often in consultation with the ranking minority member, to determine the circumstances under which staff may question witnesses. The Committee on Small Business specifically permits such a procedure.

The Committee on Energy and Natural Resources and the Committee on Indian Affairs allow the committee leadership to appoint one staff member to question witnesses. Staff may only question witnesses after all Senators have completed their questioning, or at other times agreed upon by the committee leadership.

The rules of the Permanent Subcommittee on Investigations of the Committee on Homeland Security and Governmental Affairs state that witnesses may be questioned by "authorized" subcommittee staff. At the end of the question and answer period, the committee chair will close the hearing. The chair may summarize what the committee has accomplished by holding the hearing and comment on the future committee schedule or expected action.

Senate rules provide a procedure whereby a committee may direct its staff to prepare a daily digest of the written statements submitted by witnesses. A committee can also ask its staff to prepare daily summaries of the oral testimony presented before the committee on a particular day Rule XXVI, paragraph 4 c.

With the approval of the chair and ranking minority member, the committee can include the latter summaries in its published hearings. Summaries can be distributed to committee members and the press.

Follow-up questions may be prepared and submitted to witnesses for written replies to expand on their testimony. Witnesses may be asked to expand on answers given at the hearing or to discuss new matters raised in the course of the hearing. Often the chair will announce that the hearing record will be left open for a period of time so that additional information can be entered into the formal hearing record. If the hearing is investigative, the committee can prepare and issue its report.

If the hearing is legislative, the committee may proceed to markup and report a measure to the Senate floor. Finally, committees attend to administrative details following a hearing, such as restoring the hearing room to its original condition and sending thank-you letters to witnesses. Points of order against actions that occurred during a committee hearing are normally ruled upon by the Chairman.

In any case, pursuant to Senate rules Rule XXVI, paragraph 7 a 3 , no point of order for a violation of committee hearing rules will be entertained subsequently on the Senate floor if a measure has been properly reported. This rule states in part, "Action by any committee in reporting any measure or matter in accordance with the requirements of this subparagraph shall constitute the ratification by the committee of all action theretofore taken by the committee with respect to that measure or matter Once the measure reaches the Senate floor, a point of order because of procedural infractions during the hearing would not be sustained.

Although they are encouraged to do so, Senate committees are not required to print their hearings. Many hearings are printed.

The rule also requires that committee hearings be kept separate from the personal office of the committee chairman, that hearings transcripts and related material become the property of the Senate, and all committee members and all Senators are entitled to access to the hearing records.

Senate Rule XVII, paragraph 5 requires that measures reported to the Senate cannot be considered unless a report accompanying that measure has been available to Members for at least two calendar days. The rule further requires that if hearings have been held on the reported measure, the committee reporting the measure must make "every reasonable effort" to have the hearings printed and available to Senators.

Some committees provide for review by witnesses of their testimony for the purpose of determining errors in transcription, grammatical corrections or obvious errors of fact. A request to actually change the transcript must be made to the committee chair or staff member designated by the chair. Several committees allow witnesses themselves to make minor grammatical changes. The rules of the Select Committee on Ethics require that, except where a hearing has been closed to the public, transcripts be published "as soon as practicable.

Aberbach, Joel D. Washington: The Brookings Institution, Cohen, Richard E. DeGregorio, Christine. Harvey, Thomas E. Hill, James P. Lustberg, Arch. Washington: Association Division, U. Chamber of Commerce, Mackenzie, G. The Politics of Presidential Appointments. New York: The Free Press, Oleszek, Walter J. Washington: CQ Press, The Presidential Appointee ' s Handbook , 2 nd ed. Washington: National Academy of Public Administration, Schneier, Edward V.

New York: St. Martin's Press, Sinclair, Barbara. Unekis, Joseph K. Bacon, Roger H. Davidson, and Morton Keller, eds. New York: Simon and Schuster, General Accounting Office.

Office of Special Investigations. Investigators ' Guide to Sources of Information. Washington: GPO, Wells, William G. Washington: CQ Press, , p. It is also not uncommon for two subcommittees of the same parent committee to hold joint hearings.

Topic Areas About Donate. Hearings in the U. Senate: A Guide for Preparation and Procedure August 19, — March 18, RL Congressional hearings are the principal formal method by which committees collect and analyze information during the legislative policymaking process. This report will be updated as events warrant. Download PDF. Download EPUB. Topic areas Legislative Process. Summary Congressional hearings are the principal formal method by which committees collect and analyze information during the legislative policymaking process.

Among other topics, this section covers: deciding whether to hold a hearing; sources that assist committees with hearings; obtaining supplemental staff by contract or detail; holding joint hearings; prohibitions on when committees may meet; scheduling and public notice of hearings; selecting witnesses and determining the order and format of testimony; securing advance written testimony from witnesses; procedures for issuing subpoenas and taking depositions; preparing briefing books for committee members; procedures for broadcasting hearings and techniques for attracting and managing the media; and administrative arrangements.

Among other matters, it covers: quorum requirements; closing a hearing to the public; the rights of witnesses; opening statements by Members; introducing and swearing in witnesses; oral testimony by witnesses; and the question-and-answer period following oral testimony.

Hearings in the Committee Process Hearings are the broad information-gathering techniques committees use in policymaking and oversight. The importance of the hearings stage is stated by congressional scholar [author name scrubbed]: The decision to hold a hearing is often a critical point in the life of a bill.

Types of Hearings All hearings share common elements of preparation and conduct. Preparation for Hearings Preliminary Issues A committee considers a variety of issues in deciding whether to hold a hearing. Sources of Outside Assistance Numerous governmental and non-governmental resources are available to committees to assist with hearings.

The Congressional Research Service CRS can assist in framing the agenda for hearings; preparing background and policy studies; evaluating legislative proposals and discussing alternative approaches; making its experts available on a nonpartisan basis as witnesses; suggesting witnesses and drafting questions for Members to ask them; preparing studies or documentation for inclusion in the hearing record; analyzing testimony; supplying information on program accomplishments; providing information on positions of interest groups and other key players; and conducting database searches.

Its responsibilities include estimating the five-year budgetary costs of legislation; tracking congressional budget actions against targets established in budget resolutions scorekeeping ; estimating costs to state, local, and tribal governments of carrying out mandates to be imposed by legislation; making periodic forecasts of economic trends and baseline projections of spending and revenue levels against which proposed changes in taxing and spending policies can be measured; conducting studies of programmatic or policy issues that affect the federal budget; and preparing an annual report on spending and revenue options for reducing the federal deficit.

Supplemental Staffing Committees may find it useful on occasion to supplement their staff to assist with hearings. Joint Hearings Each panel has the discretion to hold hearings jointly with another committee or subcommittee.

Restrictions on Meeting Senate rules place limitations on when committees may meet. Scheduling The committee chair generally controls the schedule, though any Senator may seek to persuade a committee to hold hearings. Notice Under Senate rules, committees must publicly announce the date, place, and subject of each hearing at least one week in advance Rule XXVI, paragraph 4 a.

Choosing and Inviting Witnesses In choosing witnesses, committees pay careful attention to the viewpoints that are heard, who should testify, and the order and format for presenting testimony.

Advance Written Testimony A letter of invitation also may request that the witness send the committee biographical information and an advance copy of written testimony. Format and Order of Witness Testimony Committees determine the format and order of presenting witnesses. Subpoenas and Depositions Most individuals respond favorably to an invitation to testify, believing it to be a valuable opportunity to communicate and publicize their views on a question of public policy.

Briefing Books Staff often prepare summary and background material for Senators' use before and during a hearing. Publicity and Media Considerations A committee's goal in holding a hearing often is broader than collecting information for policy development. Administrative Matters Dozens of administrative arrangements need to be made before a hearing, and these usually are handled by a committee's administrative staff.

Field Hearings A field hearing presents administrative and planning considerations different from those for Washington hearings. Conducting Hearings As discussed above, hearings involve considerable preparation.

Quorums Each committee can determine the number of members required for taking testimony in hearings Rule XXVI, paragraph 7 a 2. Closing a Hearing The vast majority of committee hearings are open to the public, as required under Senate rules.

Witness Rights No witness may refuse to testify on the grounds that such testimony "may tend to disgrace him or otherwise render him infamous" 2 U. Opening Statements When present, a committee's chair ordinarily presides over its hearings.