House Committee Hearings: Witness
Testimony
Christopher M. Davis
Analyst on Congress and the Legislative Process
November 19, 2010
Congressional Research Service
7-5700
www.crs.gov
98-338
CRS Report for Congress
P
repared for Members and Committees of Congress
House Committee Hearings: Witness Testimony
itnesses before House committees generally must file an advance copy of their written
testimony with the committee, and then limit their oral testimony to a brief summary
W (Rule XI, clause 2(g)(4)). A question and answer period usually follows a witness’s
opening statement. Following hearings, committees usually publish the transcripts of witness
testimony and questioning.
Advance Written Testimony
The individual rules adopted by committees often state how far in advance of hearings testimony
should be filed (frequently 24-48 hours). Witnesses may be required to submit multiple copies of
their statements. Committee rules sometimes stipulate the number of copies of written testimony
to be submitted, and may also require submissions in electronic form. Electronic submissions
facilitate printing the testimony as part of the hearing record and making the testimony available
online to the public.
Committees have the authority to waive the advance written testimony requirement; for instance,
if a witness is invited with little notice, the requirement may be waived. However, committees
usually are diligent about obtaining advance copies of testimony. Before the hearing, committee
staff may want to summarize or outline the testimony, draft questions tailored to each witness’s
statement, and make copies of the statement for distribution to the press and public.
The written statement of a nongovernmental witness must contain the amount and source of any
federal grant or contract received by the witness or the organization being represented during the
current or previous two fiscal years (Rule XI, clause 2(g)(4)). This so-called “truth in testimony
rule” is intended to assist members of the committee with evaluating a witness’s views and
remarks.
Oral Testimony
At the beginning of a hearing, it is common for committee members to make preliminary
remarks, and most committees place time limits on these opening statements. Then, the
committee chair generally introduces each witness in accordance with an arranged order and
format. The chair, or any member designated by the chair, may administer the oath to a witness
(Rule XI, clause 2(m)(2)). In practice, most committees rarely require witnesses to testify under
oath; sworn testimony appears to be more common at investigative hearings. Committees
generally require witnesses to limit their oral testimony to a brief summary, in part because
written testimony usually is available in advance, and Members want to use the time of the
hearing to question witnesses. The rules adopted by some committees stipulate how long a
witness may speak, or grant discretion to the chair to make this determination.
Questioning Witnesses
House rules accord each committee member an opportunity to question each witness for five
minutes (Rule XI, clause 2(j)(2)). Following the first round of questioning under this five-minute
rule, committees may allow additional time for questioning witnesses and may allocate this time
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House Committee Hearings: Witness Testimony
as they choose. In practice, many committees allow a committee member to extend his or her
time by unanimous consent.
In addition, a committee may adopt a rule or motion to allow a specified number of its members
to question a witness for longer than five minutes (Rule XI, clause 2(j)(2)). The time for extended
questioning may not exceed 60 minutes, and is to be equally divided between the parties. A
committee also may adopt a rule or motion allowing its majority and minority staff to question a
witness for up to one hour, equally divided between the parties.
Each committee has the discretion in drafting its rules to determine the order in which members
may question witnesses. Some committees alternate between the parties, in order of seniority.
“Early bird rules” permit questioning of witnesses based on members’ order of arrival at the
hearing, usually with the chairman and ranking member retaining priority for recognition
regardless of their arrival time. Some committees use a combination of these methods.
Printing Hearings
Most committees regularly ask for a reporter from the Office of Official Reporters to transcribe
their hearings. Where transcripts are kept, they must be verbatim or substantially verbatim; only
technical, grammatical, and typographical corrections authorized by those making remarks are
allowed (House Rule XI, clause 2(e)(1)(A)). Committees usually publish their transcripts,
although this is not generally required. Committees must make their publications available to the
public in electronic form, “to the maximum extent feasible” (Rule XI, clause 2(e)(4)).
Supplemental materials also may be printed as part of the hearing record. For example, a
committee might include charts and research materials, written statements of witnesses, witness
responses to unanswered or follow-up questions, other materials submitted by witnesses, or letters
and testimony from individuals who did not testify in person.
Author Contact Information
Christopher M. Davis
Analyst on Congress and the Legislative Process
cmdavis@crs.loc.gov, 7-0656
Acknowledgments
This report was written by Thomas P. Carr, formerly an analyst in American National Government at CRS.
The listed author updated the report and is available to answer questions concerning its contents.
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