Voluntary Testimony by Executive Branch Officials: An Introduction (CRS Report for Congress)
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| Release Date |
Nov. 27, 2019 |
| Report Number |
R46061 |
| Report Type |
Report |
| Authors |
Ben Wilhelm |
| Source Agency |
Congressional Research Service |
Summary:
Executive branch officials testify regularly before congressional committees on both legislative and oversight matters. Most committee requests for testimony are accepted, and the officials appear voluntarily without the need to issue subpoenas or use the other tools available to Congress to compel appearance.
Congress's authority under the Constitution to legislate and investigate, along with its practices in exercising these powers, provide strong incentives for the executive branch to work voluntarily with Congress. Congress's control over appropriations and the organization and operations of the executive branch may encourage agency leaders to accommodate its requests rather than risk adverse actions toward their agencies. In addition, there are incentives for the executive branch to work with Congress in order to increase the likelihood of success for the Administration's policy agenda and to manage investigations with the potential to damage the Administration's public standing.
These incentives are often sufficient to ensure that the executive branch is responsive to requests from the legislative branch. Many of these interactions are routine, and both Congress and the executive branch have developed formal procedures to promote appropriate engagement. This is particularly apparent in the procedures developed by the Office of Management and Budget in Circular A-11 and Circular A-19 to coordinate and control agency statements to Congress on the budget and pending legislation.
There are situations, however, in which the incentives for compliance have been less effective in securing voluntary testimony. While each circumstance is unique, there are three identifiable areas in which executive branch officials may be more likely to conclude that the drawbacks of disclosure to Congress outweigh the incentives discussed in this report: national security and intelligence matters, ongoing law enforcement actions, and executive branch deliberations. Understanding the general incentives that support voluntary testimony, the practices that have developed around its delivery, and when executive branch officials are more likely to object to appearing before Congress may potentially help Congress navigate difficult cases.
