Hearings in the House of Representatives: A Guide for Preparation and Procedure (CRS Report for Congress)
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| Release Date |
Revised June 13, 2006 |
| Report Number |
RL30539 |
| Report Type |
Report |
| Authors |
Thomas P. Carr, Government and Finance Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
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 regulations to which committee hearings 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 media behavior. 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 usually 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 if, and 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
individual committees determine the order in which their members will question witnesses and may
allow extended questioning by committee members or staff.
Following a hearing, 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 and
publishing to the Web. Transcripts generally are printed, along with supplemental materials
approved by the committee, although printing is not required.
