Hearings in the House of Representatives: A Guide for Preparation and Procedure

Publication Date: May 2000

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

Congressional hearings are the principal formal method by which committees collect and analyze information in the early stages of policy making. Whether legislative, oversight, investigative, or a combination of these, all hearings share common elements of preparation and conduct.

House Rule XI sets down many of the hearings regulations to which committees must conform, including the quorum requirement, advance submission of witness statements, the opportunity for minority party members to call witnesses of their choosing, the five-minute rule for questioning witnesses, witness rights, the process for issuing a subpoena, the procedure for closing a hearing to the public, and the broadcast of hearings and the behavior of the media. Committees have broad latitude in how they hold hearings, in part because they adopt their own rules of procedure. These rules may amplify and supplement House rules, but cannot contravene them. Customs of committees not embodied in rules also vary considerably among committees.

Committees plan extensively for hearings. Early planning activities commonly include collecting background information from sources within and outside the House, preparing a preliminary hearing memorandum for the chair and members discussing the scope of the hearings and the expected outcome, and scheduling and giving public notice of hearings. Carefully selecting witnesses, determining the order and format of their testimony, and preparing questions or talking points for committee members to use in questioning are all important considerations. Other arrangements include preparing briefing books; determining how the hearings will be broadcast; and attending to the many administrative matters, such as scheduling an official reporter.

On the day of a hearing, a committee needs a quorum to conduct business. While most hearings are open to the public, a committee may vote to close a hearing for a reason specifically stated in House rules. Representatives typically make opening statements at the beginning of a hearing; then witnesses are introduced and may be sworn by the chair. Witnesses present oral testimony in accordance with the arranged format; this verbal testimony generally is a summary of the written testimony submitted in advance. The question and answer period that follows is an opportunity for a committee to build a public record on a matter and gather needed information to support future actions. House rules give each committee member five minutes to question each witness, but each committee determines the order in which its members will question witnesses and may allow extended questioning by committee members or staff.

Following a day of hearings, committee staff may prepare a summary of testimony, draft additional questions for the day's witnesses, and begin to ready the hearing transcripts for printing. Transcripts generally are printed, along with supplemental materials approved by the committee, although printing is not required.