A United States congressional hearing is the principal formal method by which
United States congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). Committee membership enables members to develop specialized knowledge of the ...
s collect and analyze information in the early stages of legislative policymaking. Whether confirmation
hearings
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee.
Description
A hearing is generally distinguished from a trial in that it is usually shorter and ...
(a procedure unique to the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
), 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."
[''Cumulative Index of Congressional Committee Hearings (Not Confidential in Character) From Seventy-Fourth Congress (January 3, 1935) Through Eighty-Fifth Congress (January 3, 1959) in the United States Senate Library''. Washington, D.C.: Government Printing Office, 1959. "Preface". p. v.]
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
The United States Government Publishing Office (USGPO or GPO; formerly the United States Government Printing Office) is an agency of the legislative branch of the United States Federal government. The office produces and distributes information ...
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
The Law Library of Congress is the law library of the United States Congress. The Law Library of Congress holds the single most comprehensive and authoritative collection of domestic, foreign, and international legal materials in the world. Es ...
in a collaborative pilot project with
Google
Google LLC () is an American multinational technology company focusing on search engine technology, online advertising, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. ...
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.
ProQuest
ProQuest LLC is an Ann Arbor, Michigan-based global information-content and technology company, founded in 1938 as University Microfilms by Eugene B. Power. ProQuest is known for its applications and information services for libraries, provid ...
offers subscriptions to a database of digitized hearings (published and unpublished) covering 1824 to the present.
Types of hearings
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
The United States Senate Committee on Energy and Natural Resources is a standing committee of the United States Senate. It has jurisdiction over matters related to energy and mineral resources, including nuclear development; irrigation and recla ...
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 Service
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
; the
Committee on Health, Education, Labor and Pensions
The United States Senate Committee on Health, Education, Labor and Pensions (HELP) generally considers matters relating to these issues. Its jurisdiction also extends beyond these issues to include several more specific areas, as defined by Sena ...
held an oversight hearing on the implementation of the
Family and Medical Leave Act
The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. The FMLA was a major part of President Bill C ...
; and the
Committee on Indian Affairs
The Senate Committee on Indian Affairs is a committee of the United States Senate charged with oversight in matters related to the American Indian, Native Hawaiian, and Alaska Native peoples. A Committee on Indian Affairs existed from 1820 to 1 ...
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. The first such hearings were held by the House of Representatives in 1792 following
St. Clair's Defeat in the Battle of the Wabash.
Its most famous inquiries are benchmarks in American history:
Credit Mobilier,
Teapot Dome
The Teapot Dome scandal was a bribery scandal involving the administration of United States President Warren G. Harding from 1921 to 1923. Secretary of the Interior Albert Bacon Fall had leased Navy petroleum reserves at Teapot Dome in Wyomi ...
,
Army-McCarthy,
Watergate
The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's continual ...
, 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 consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previo ...
" responsibilities under the
Appointments Clause
The Appointments Clause of Article II, Section 2, Clause 2, of the United States Constitution empowers the President of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public offi ...
. 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.
Ratification hearings
The Senate, as required by the
Treaty Clause
The Treaty Clause of the United States Constitution (Article II, Section 2, Clause 2) establishes the procedure for ratifying international agreements. It empowers the President as the primary negotiator of agreements between the United States ...
of 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
The United States Senate Committee on Foreign Relations is a standing committee of the U.S. Senate charged with leading foreign-policy legislation and debate in the Senate. It is generally responsible for overseeing and funding foreign aid p ...
and the
Committee on Armed Services held hearings on the
Comprehensive Nuclear Test Ban Treaty
The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is a multilateral treaty to ban nuclear weapons test explosions and any other nuclear explosions, for both civilian and military purposes, in all environments. It was adopted by the United Nations ...
. Also that year the Committee on Foreign Relations held hearings on ratifying tax treaties with
Estonia
Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, a ...
,
Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
,
Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, and other nations.
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
The United States Senate Committee on Commerce, Science, and Transportation is a standing committee of the United States Senate. Besides having broad jurisdiction over all matters concerning interstate commerce, science and technology policy, a ...
held a field hearing in
Bellingham, Washington
Bellingham ( ) is the most populous city in, and county seat of Whatcom County in the U.S. state of Washington. It lies south of the U.S.–Canada border in between two major cities of the Pacific Northwest: Vancouver, British Columbia (locat ...
, on a liquid pipeline explosion in that city, and the
Committee on Energy and Natural Resources
The United States Senate Committee on Energy and Natural Resources is a standing committee of the United States Senate. It has jurisdiction over matters related to energy and mineral resources, including nuclear development; irrigation and recla ...
held a field hearing in
Albuquerque, New Mexico
Albuquerque ( ; ), ; kee, Arawageeki; tow, Vakêêke; zun, Alo:ke:k'ya; apj, Gołgéeki'yé. abbreviated ABQ, is the most populous city in the U.S. state of New Mexico. Its nicknames, The Duke City and Burque, both reference its founding in ...
, on a bill to review the ability of the
National Laboratories to meet
Department of Energy A Ministry of Energy or Department of Energy is a government department in some countries that typically oversees the production of fuel and electricity; in the United States, however, it manages nuclear weapons development and conducts energy-rel ...
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
The Senate Committee on Rules and Administration, also called the Senate Rules and Administration Committee, is responsible for the rules of the United States Senate, administration of congressional buildings, and with credentials and qualificat ...
.
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
subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
(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 damages 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.
References
Sources
CRS Report RL30548, Hearings in the U.S. Senate: A Guide for Preparation and Procedure, by Richard C. Sachs
CRS Report RL30539, Hearings in the House of Representatives: A Guide for Preparation and Procedure by Thomas P. Carr
External links
Selected Congressional hearings digitized by Law Library of CongressCongressional Documents Online—Congressional hearings and prints digitized by Rutgers – Camden School of Law (1970s–1999) and harvested from (2000–)
Quick Links to House and Senate Committee Hearings and Other PublicationsWhite paper by Andrea Sevetson on the history of hearings and their publicationC-SPAN
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