House Committee Hearings: Arranging Witnesses

House Committee Hearings: Arranging Witnesses

Order Code 98-304 GOV
Updated March 15, 2001
CRS Report for Congress
Received through the CRS Web
House Committee Hearings:
Arranging Witnesses
Thomas P. Carr
Analyst in American National Government
Government and Finance Division
Selecting witnesses is often one of the most important issues in planning a House
hearing. Committees and subcommittees pay careful attention to which viewpoints will
be represented, who should testify, and the order and format for presenting witnesses. A
witness must be invited by a committee or subcommittee in order to testify; committees
and subcommittees also may subpoena reluctant witnesses to appear at a hearing.
Selecting and Inviting Witnesses
To testify, a witness must be invited by a committee. Before officially inviting a
witness, committee staff identify and often interview prospective witnesses. Committees
consider people from diverse backgrounds, including individuals from the executive
branch; state, local, or other regional governments; academia; business; and interest
groups, as well as other private citizens. A committee may invite as many witnesses as it
chooses, and may schedule multiple days of hearings.

In some cases, a committee will strive to make sure that all reasonable points of view
are represented, while in other cases witnesses expressing only particular points of view
will be invited. House rules allow the minority party members of a committee to call
witnesses of their choice on at least one day of a hearing. A majority of the minority
members must make this request to the committee chair before completion of the hearings
(Rule XI, clause 2(j)(1)). Typically, the minority works informally with the majority to
invite witnesses representing its views.
Once suitable witnesses are identified, the committee chair usually sends each witness
a formal letter of invitation. This letter generally provides the witness some basic
information on the proposed hearing, including the purpose, subject, date, time, and
location. In addition to specifying the aspects of a measure or issue the witness should
address, the letter might indicate a limitation on the length of a witness's oral testimony.
The letter of invitation might also request that the witness send the committee
biographical information and an advance copy of his or her written testimony, the latter
generally being required under House rules (Rule XI, clause 2(g)(4)). Certain committee
rules also specify that witnesses should submit copies of proposed testimony in electronic
format.
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The committee might also send the witness additional information. This information
could include a list of committee members, the committee's rules, a copy of the measure
under consideration, and articles relating to the issue. Often, a staff contact is indicated.
Committee staff will sometimes meet with witnesses before a hearing to answer questions
and to review procedure. A committee may reimburse a witness for expenses related to
testimony, and, if reimbursement is expected, the letter of invitation may address this point.
Subpoena Power
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 appear by invitation, a committee may require a
witness to appear through a subpoena (Rule XI, clause 2(m)). (Committees also may
subpoena documents.) Subpoenas are used infrequently, most often at investigative
hearings.
A committee may authorize and issue a subpoena with a majority quorum present.
A committee may, however, delegate this authority to its chair, under any limitations it
establishes. In practice, many committees generally require majority approval to issue a
subpoena; other committees have delegated general subpoena authority to the chair.
Format and Order of Witness Testimony
Committees determine the format and order of witness testimony. The traditional
format is that a witness makes a statement and then takes questions from committee
members before the next witness testifies. Committees also employ a panel format, often
for witnesses with divergent viewpoints. It is normally the practice in this case for all
panel members to make statements, then for committee members to pose questions to the
panel or to various panelists. Some observers believe this format stimulates debate and
elicits more pertinent information. Committees sometimes use other formats for gathering
information such as seminars, roundtable discussions, and "video conferencing," with
witnesses who may be located almost anywhere in the world.
The order in which witnesses testify is arranged at the discretion of the committee.
Protocol dictates that a Member of Congress generally testifies before other witnesses, and
a similar privilege often is extended to high-ranking executive branch officials, and to
former Members and high-level government officials. Celebrity witnesses are carefully
placed in the lineup because they often generate media coverage and public attention to
an issue. Testimony from academics, interest-group representatives, and other private
citizens may be arranged in a way that most favorably presents information and
communicates the intent of the committee. For example, a committee may arrange its
witnesses to allow one individual to refute arguments made by another witness.