Congressional hearing
Encyclopedia
Congressional hearings are the principal formal method by which committees
collect and analyze information in the early stages of legislative policymaking. Whether confirmation hearings — a procedure unique to the Senate — legislative, oversight, investigative, or a combination of these, all hearings share common elements of preparation and conduct. Hearings usually include oral testimony from witnesses, and questioning of the witnesses by members of Congress. George B. Galloway termed congressional hearings a goldmine of information for all the public problems of the United States. A leading authority on U.S. government publications has referred to the published hearings as "the most important publications originating within Congress." The Senate Library
in a similar vein noted "Hearings are among the most important publications originating in Congress." Hearings were not published generally until the latter part of the 19th Century, except some early hearings (generally of special investigative committees) were published in the series that are part of the Serial Set
. Published hearings did not become available for purchase from the United States Government Printing Office
until 1924 and were not distributed to depository libraries
until 1938. Unlike the documents and reports that are compiled in the Serial Set "hearings do not constitute a real series" although in the modern era a trend toward uniformity of numbering has resulted in all Senate hearings and prints for each Congressional Session (commencing with the 98th Congress in 1983) being assigned a unique numerical designation (in the style of what one scholar dubbed a "combination code") published on the cover and title page (e.g. S. HRG. 110-113; S. PRT. 110-13). A growing number of House Committees are assigning numerical or alphabetical designations for their publications (e.g. 110-35, 110-AA).
The Law Library of Congress
in a collaborative pilot project with Google
is undertaking the digitizing of the Library's entire collection of printed hearings (constituting approximately 75,000 volumes). As of 2010 three collections (on the decennial Census, FOIA and Immigration) have been selectively compiled as a test. It is hoped the project will eventually provide full-text access of the entire collection which will be posted online by Google and the Library.
; the Committee on Health, Education, Labor and Pensions held an oversight hearing on the implementation of the Family and Medical Leave Act; and the Committee on Indian Affairs held an oversight hearing on the impact of a recent Supreme Court case involving Indian gaming. Many committees oversee existing programs in the context of hearings on related legislation, or routinely perform oversight when it is time to reauthorize a program, so oversight hearings may be combined with legislative hearings.
, Teapot Dome, Army-McCarthy, Watergate, and Iran-Contra. Investigative hearings often lead to legislation to address the problems uncovered. Judicial activities in the same area of Congress’s investigation may precede, run simultaneously with, or follow such inquiries.
" responsibilities. Each Senate committee holds confirmation hearings on presidential nominations to executive and judicial positions within its jurisdiction. These hearings often offer an opportunity for oversight into the activities of the nominee’s department or agency. While the vast majority of confirmation hearings are routine, some are controversial. Similarly, the Senate, as required by the Constitution, must consent to the ratification of treaties negotiated by the executive branch with foreign governments. In October 1999, for example, the Committee on Foreign Relations and the Committee on Armed Services held hearings on the Comprehensive Nuclear Test Ban Treaty. Also that year the Committee on Foreign Relations held hearings on ratifying tax treaties with Estonia
, Venezuela
, Denmark
, and other nations. Although not as numerous as confirmation hearings, these hearings also allow the Senate to meet its constitutional responsibilities in an important area of public policy.
, on a liquid pipeline explosion in that city, and the Committee on Energy and Natural Resources held a field hearing in Albuquerque, New Mexico
, on a bill to review the ability of the National Laboratories to meet Department of Energy
standards. While field hearings involve some matters different from Washington hearings, most of the procedural requirements are the same. However, funding for committee travel must meet regulations established by the Senate Committee on Rules and Administration.
(Rule XXVI, paragraph 1). Committees also may subpoena correspondence, books, papers, and other documents. Subpoenas are issued infrequently, and most often in the course of investigative hearings.
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.
United States Congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty . Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction...
collect and analyze information in the early stages of legislative policymaking. Whether confirmation hearings — a procedure unique to the Senate — legislative, oversight, investigative, or a combination of these, all hearings share common elements of preparation and conduct. Hearings usually include oral testimony from witnesses, and questioning of the witnesses by members of Congress. George B. Galloway termed congressional hearings a goldmine of information for all the public problems of the United States. A leading authority on U.S. government publications has referred to the published hearings as "the most important publications originating within Congress." The Senate Library
United States Senate Library
The United States Senate Library is the library of the United States Senate.The United States Senate Librarian manages the Senate Library, which is under the supervision of the Office of the Secretary of the United States Senate. Leona I. Faust has been the Senate Librarian since 2009...
in a similar vein noted "Hearings are among the most important publications originating in Congress." Hearings were not published generally until the latter part of the 19th Century, except some early hearings (generally of special investigative committees) were published in the series that are part of the Serial Set
US Congressional Serial Set
The United States Congressional Serial Set began in 1817 as the official collection of reports and documents of the United States Congress. The collection was published in a "serial" fashion, hence its name.-Overview:...
. Published hearings did not become available for purchase from the United States Government Printing Office
United States Government Printing Office
The United States Government Printing Office is an agency of the legislative branch of the United States federal government. The office prints documents produced by and for the federal government, including the Supreme Court, the Congress, the Executive Office of the President, executive...
until 1924 and were not distributed to depository libraries
Federal depository library
The Federal Depository Library Program is a United States program created to make U.S. federal government publications available to the public at no cost. As of June 2008, there are 1,252 depository libraries in the United States and its territories. A "government publication" is defined in the U.S...
until 1938. Unlike the documents and reports that are compiled in the Serial Set "hearings do not constitute a real series" although in the modern era a trend toward uniformity of numbering has resulted in all Senate hearings and prints for each Congressional Session (commencing with the 98th Congress in 1983) being assigned a unique numerical designation (in the style of what one scholar dubbed a "combination code") published on the cover and title page (e.g. S. HRG. 110-113; S. PRT. 110-13). A growing number of House Committees are assigning numerical or alphabetical designations for their publications (e.g. 110-35, 110-AA).
The Law Library of Congress
Law Library of Congress
The Law Library of the United States Congress was established in 1832.-Mission statement:From the Law Library of Congress website:"The mission of the Law Library of Congress is to provide research and legal information to the U.S. Congress as well as to U.S. Federal Courts and Executive Agencies,...
in a collaborative pilot project with Google
Google
Google Inc. is an American multinational public corporation invested in Internet search, cloud computing, and advertising technologies. Google hosts and develops a number of Internet-based services and products, and generates profit primarily from advertising through its AdWords program...
is undertaking the digitizing of the Library's entire collection of printed hearings (constituting approximately 75,000 volumes). As of 2010 three collections (on the decennial Census, FOIA and Immigration) have been selectively compiled as a test. It is hoped the project will eventually provide full-text access of the entire collection which will be posted online by Google and the Library.
Legislative hearings
Committees hold legislative hearings on measures or policy issues that may become public law. Sometimes a committee holds hearings on multiple measures before ultimately choosing one vehicle for further committee and chamber action. Hearings provide a forum where facts and opinions can be presented from witnesses with varied backgrounds, including Members of Congress and other government officials, interest groups, and academics, as well as citizens likely to be directly or indirectly affected by the proposal.Oversight hearings
Oversight hearings review or study a law, issue, or an activity, often focusing on the quality of federal programs and the performance of government officials. Hearings also ensure that the executive branch's execution goes with legislative intent, while administrative policies reflect the public interest. Oversight hearings often seek to improve the efficiency, economy, and effectiveness of government operations. A significant part of a committee’s hearings workload is dedicated to oversight. For example, on a single day, May 8, 1996, the Senate Committee on Energy and Natural Resources held an oversight hearing to look into a recent increase in gasoline prices; the Committee on Governmental Affairs held an oversight hearing on the Internal Revenue ServiceInternal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
; the Committee on Health, Education, Labor and Pensions held an oversight hearing on the implementation of the Family and Medical Leave Act; and the Committee on Indian Affairs held an oversight hearing on the impact of a recent Supreme Court case involving Indian gaming. Many committees oversee existing programs in the context of hearings on related legislation, or routinely perform oversight when it is time to reauthorize a program, so oversight hearings may be combined with legislative hearings.
Investigative hearings
Investigative hearings share some of the characteristics of legislative and oversight hearings. The difference lies in Congress’s stated determination to investigate, usually when there is a suspicion of wrongdoing on the part of public officials acting in their official capacity, or private citizens whose activities suggest the need for a legislative remedy. Congress’s authority to investigate is broad and it has exercised this authority since the earliest days of the republic. Its most famous inquiries are benchmarks in American history: Credit MobilierCrédit Mobilier of America scandal
The Crédit Mobilier scandal of 1872 involved the Union Pacific Railroad and the Crédit Mobilier of America construction company in the building of the First Transcontinental Railroad. The distribution of Crédit Mobilier shares of stock by Congressman Oakes Ames along with cash bribes to...
, Teapot Dome, Army-McCarthy, Watergate, and Iran-Contra. Investigative hearings often lead to legislation to address the problems uncovered. Judicial activities in the same area of Congress’s investigation may precede, run simultaneously with, or follow such inquiries.
Confirmation hearings
Confirmation hearings on presidential nominations are held in fulfillment of the Senate’s constitutional "advice and consentAdvice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
" responsibilities. Each Senate committee holds confirmation hearings on presidential nominations to executive and judicial positions within its jurisdiction. These hearings often offer an opportunity for oversight into the activities of the nominee’s department or agency. While the vast majority of confirmation hearings are routine, some are controversial. Similarly, the Senate, as required by the Constitution, must consent to the ratification of treaties negotiated by the executive branch with foreign governments. In October 1999, for example, the Committee on Foreign Relations and the Committee on Armed Services held hearings on the Comprehensive Nuclear Test Ban Treaty. Also that year the Committee on Foreign Relations held hearings on ratifying tax treaties with Estonia
Estonia
Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
, Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, and other nations. Although not as numerous as confirmation hearings, these hearings also allow the Senate to meet its constitutional responsibilities in an important area of public policy.
Field hearings
Field hearings are Congressional hearings held outside Washington. The formal authority for field hearings is found implicitly in the chamber rules. Senate Rule XXVI, paragraph 1 states that a committee "is authorized to hold hearings ... at such times and places during the sessions, recesses, and adjourned periods of the Senate" as it sees fit. Otherwise, there is no distinction between field hearings and those held in Washington. In the 106th Congress, for example, the Committee on Commerce held a field hearing in Bellingham, WashingtonBellingham, Washington
Bellingham is the largest city in, and the county seat of, Whatcom County in the U.S. state of Washington. It is the twelfth-largest city in the state. Situated on Bellingham Bay, Bellingham is protected by Lummi Island, Portage Island, and the Lummi Peninsula, and opens onto the Strait of Georgia...
, on a liquid pipeline explosion in that city, and the Committee on Energy and Natural Resources held a field hearing in Albuquerque, New Mexico
Albuquerque, New Mexico
Albuquerque is the largest city in the state of New Mexico, United States. It is the county seat of Bernalillo County and is situated in the central part of the state, straddling the Rio Grande. The city population was 545,852 as of the 2010 Census and ranks as the 32nd-largest city in the U.S. As...
, on a bill to review the ability of the National Laboratories to meet Department of Energy
United States Department of Energy
The United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...
standards. While field hearings involve some matters different from Washington hearings, most of the procedural requirements are the same. However, funding for committee travel must meet regulations established by the Senate Committee on Rules and Administration.
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. However, if a person will not come by invitation alone, a committee or subcommittee may require an appearance through the issuance of a subpoenaSubpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
(Rule XXVI, paragraph 1). Committees also may subpoena correspondence, books, papers, and other documents. Subpoenas are issued infrequently, and most often in the course of investigative hearings.
Closing a hearing
The vast majority of committee hearings are open to the public, as required under Senate rules. But a hearing, like other committee meetings, may be closed for specific reasons stated in Senate rules (Rule XXVI, paragraph 5(b)). A committee may close a hearing if it- involves national security information;
- concerns committee personnel, management, or procedures;
- invades the personal privacy of an individual, damages an individual’s reputation or professional standing, or charges an individual with a crime or misconduct;
- reveals identities or damage operations relating to law enforcement activities;
- discloses certain kinds of confidential financial or commercial information; or
- 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.