Statutory Testimony Requirements: Background and Issues for Congress

Statutory Testimony Requirements: Background and Issues for Congress

Statutory Testimony Requirements: Recent
October 19, 2022
History and Issues for Congress
Ben Wilhelm
Congress uses a number of tools and strategies to conduct oversight of the executive branch.
Analyst in Government
Recent challenges in several high-profile investigations have caused some to question the
Organization and
effectiveness of certain tools. In some cases, Congress has issued subpoenas or looked to the
Management
courts to accomplish its oversight goals. These processes have sometimes been viewed as

relatively slow and may limit the effectiveness of oversight. Congress, therefore, might consider
other tactics to conduct efficient and effective oversight.

One longstanding yet infrequently used oversight tool is statutory testimony requirements. Statutory testimony requirements
are similar in form to several more common types of oversight tools, such as briefing and reporting requirements, but direct
agency leaders to appear at committee hearings to testify about specified topics. A CRS review of the U.S. Code identified at
least 30 statutory testimony requirements currently in law and also found an increase in their use over the past two decades.
The recent inclusion of testimony requirements in major legislation—including the Coronavirus Aid, Relief, and Economic
Security (CARES) Act—may indicate increased awareness of this option among congressional oversight practitioners.
There are a few key criteria that Congress may evaluate when considering a new statutory testimony requirement. Congress
may consider whether such a testimony requirement would be effective. This might include evaluating whether the relevant
executive branch officials are likely to comply with the testimony requirement and whether Congress’s particular goals
would be well-served by requiring officials to appear at a hearing rather than obtaining information in some other form.
Congress might also consider whether a testimony requirement is necessary to achieve the body’s purposes. Compared to
other oversight tools, testimony requirements are likely to be resource intensive for Congress because they require both the
passage of legislation and for committees to hold one or more hearings on a subject. Therefore, Congress might prefer a less
resource-intensive option.

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Contents
Introduction ..................................................................................................................................... 1
Testimony Requirements in Current Law ........................................................................................ 1
Form and Function of Testimony Requirements ....................................................................... 3
Similar Statutory Oversight Tools ............................................................................................. 4
Briefing Requirements ........................................................................................................ 4
Written Reporting Requirements ........................................................................................ 5
Additional Considerations for Evaluating Potential Testimony Requirements ............................... 7
Efficacy ..................................................................................................................................... 7
Enforcement and Reluctant Witnesses ................................................................................ 7
Defining and Aligning Goals .............................................................................................. 8
Necessity ................................................................................................................................... 8
Diminishing Returns ........................................................................................................... 9
Additional Questions for Future Consideration ........................................................................ 9

Tables

Table A-1. Statutory Testimony Requirements .............................................................................. 12

Appendixes
Appendix. Identified Testimony Requirements in Current Law ..................................................... 11

Contacts
Author Information ........................................................................................................................ 24

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Statutory Testimony Requirements: Background and Issues for Congress

Introduction
Committee hearings are perhaps the most visible way that Congress conducts oversight of the
executive branch. Hearings allow Members to bring their priorities, questions, and concerns to
senior agency officials while also communicating that information to other stakeholders and their
constituents.1 Oversight, both in and out of the hearing room, helps Congress understand the
activities of the executive branch, identify and respond to issues, and develop legislation.2
In most instances, executive branch officials appear before committees when invited.3 While
testimony offered upon invitation is voluntary, Congress’s authority over the executive branch4
can pressure officials to comply with requests for testimony, and the ability to negotiate the
logistics and other conditions for hearings further facilitates this engagement.
There are at least two other paths that bring officials before Congress. Subpoenas may be issued
if negotiations and other pressure mechanisms are ineffective in getting officials to appear.5
Officials may comply with duly issued subpoenas, but disagreements can escalate and can end up
in litigation.6 The other path is when Congress establishes a specific obligation in statute for an
official to provide testimony. This second situation is the subject of this report.
Voluntary agreements and subpoenas for testimony are both more common and better known than
statutory testimony requirements, which remain uncommon. However, the use of these provisions
may be increasing, with most existing requirements having been established in the past two
decades. In particular, two major pieces of recent legislation—the Dodd-Frank Wall Street
Reform and Consumer Protection Act7 and the Coronavirus Aid, Relief, and Economic Security
(CARES) Act8—include multiple testimony requirements as a core component of Congress’s
oversight of new programs.
This report provides an introduction to statutory testimony requirements as they exist in current
law and identifies and analyzes issues for Congress if it considers increasing its use of these
requirements in both volume and subject areas.
Testimony Requirements in Current Law
Statutory testimony requirements are legal obligations placed on identified government officials
to appear at committee hearings on an established schedule or when a triggering event occurs.
CRS reviewed the U.S. Code and public laws dating back to 1973 to identify examples of such

1 See CRS Report RL30240, Congressional Oversight Manual, coordinated by Christopher M. Davis, Todd Garvey,
and Ben Wilhelm.
2 The Congressional Oversight Manual includes a fuller discussion of the ways Congress might use oversight when
fulfilling its duties.
3 See CRS Report R46061, Voluntary Testimony by Executive Branch Officials: An Introduction, by Ben Wilhelm.
4 See CRS Report R45442, Congress’s Authority to Influence and Control Executive Branch Agencies, by Todd Garvey
and Daniel J. Sheffner.
5 See CRS Report R45653, Congressional Subpoenas: Enforcing Executive Branch Compliance, by Todd Garvey.
6 Ibid.
7 P.L. 111-203.
8 P.L. 116-136.
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requirements. As laid out in the Appendix, CRS has identified at least 30 potentially relevant
provisions.9
Statutory testimony requirements are most prominent in the area of public finance, with the
Secretary of the Treasury and the chairman of the Board of the Federal Reserve being the officials
most commonly obliged to testify.10 Additional requirements require testimony from other
officials regarding finance and associated regulatory policy.11 The remaining testimony
requirements extend into a few other issue areas including drug policy,12 veterans’ affairs,13 and
the United States Postal Service.14
Overall, statutory testimony requirements are used much less frequently than are other statutory
oversight mechanisms that are similar in form or function.15 More than 3,300 reporting
requirements were established in laws passed during the 115th Congress alone,16 while Congress
has relied largely on voluntary compliance supported occasionally by subpoenas when seeking
testimony. However, some believe that those practice patterns have begun to break down, with
one commentator arguing that “in recent years the executive branch has defied the Supreme
Court’s admonition [to avoid conflicts with Congress through negotiations] and upended the
voluntary accommodation process.”17
Given these issues, Congress may consider other options, including statutory testimony
requirements that encourage executive branch responsiveness when Congress exercises its
oversight authority. A recent increase in testimony requirements, notably in the Dodd-Frank Act
and the CARES Act, may indicate that some committees are moving in this direction.
It appears that officials who are subject to statutory testimony requirements do generally testify
before Congress. Based on a review by CRS of the 10 officials subject to at least one testimony
requirement,18 nine have testified at least once during the 117th Congress.19 In some cases,
officials are apparently appearing specifically to comply with testimony requirements.20

9 As laid out in the Appendix, there are potential limits to CRS’s review, particularly if any provisions that require
testimony use key terms other than those used in CRS’s searches.
10 For instance, the CARES Act requires testimony from each. See 15 U.S.C. §9042(c)(3)(A)(iii) (Secretary of the
Treasury) and 15 U.S.C. §9060(c) (chair of the Board of the Federal Reserve). See also CRS Report R46315,
Congressional Oversight Provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-
136), by Ben Wilhelm.
11 These include the chairperson of the Financial Stability Oversight Council (12 U.S.C. §5322(c)); the chairman of the
National Advisory Council on International Monetary and Financial Policies (22 U.S.C. §262r(d)), and the director of
the Consumer Financial Protection Bureau (12 U.S.C. §5496(a)).
12 21 U.S.C. §1703(b)(6).
13 38 U.S.C. §8163(c)(1).
14 39 U.S.C. §2401e.
15 See “Similar Statutory Oversight Tools” below.
16 See CRS Report R46357, Congressionally Mandated Reports: Overview and Considerations for Congress, by
William T. Egar.
17 Rob Cetrino, “The DOJ Needs to Stop Thwarting Congressional Oversight,” Project on Government Oversight, May
9, 2022, https://www.pogo.org/analysis/2022/05/the-doj-needs-to-stop-thwarting-individual-member-oversight.
18 Some officials are subject to multiple testimony requirements. This count does not include those officials who are
required to appear “upon request” of specified committees.
19 The only official who has not is the director of the Office of Financial Research, who appears to have last testified in
2019.
20 See U.S. Congress, House Committee on Financial Services, The Annual Report of the Financial Stability Oversight
Council, 117th Cong., 2nd sess., March 22, 2022; and U.S. Congress, Senate Caucus on International Narcotics Control,
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An Example of a Testimony Requirement
This testimony requirement below combines the design elements discussed in the next section of this report.
Section 4026 of the CARES Act (codified at 15 U.S.C. §9060) includes the following testimony requirement:
“(c) Testimony
The Secretary and the Chairman of the Board of Governors of the Federal Reserve System shall testify, on a
quarterly basis, before the Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives regarding the obligations of the
Department of the Treasury and the Federal Reserve System, and transactions entered into, under [the
CARES Act]."
Form and Function of Testimony Requirements
Most testimony requirements have structural similarities to requirements for briefings, notices,
and written reports. Based on existing examples, a testimony requirement can be described as
having six basic elements, which can be analogized to the classic “6Ws” questions of information
gathering (who, what, when, where, why, and how):
 Who: The official or officials required to respond, typically specifying the
particular position to which the requirement applies;21
 What: The requirement for oral communication;
 When: The timing or trigger for the response;22
 Where: The committee or committees receiving the response;
 Why: The subject matter; and
 How: The expectation that the communication will be received as testimony
consistent with the relevant chamber and committee rules and practices, which
may vary.
Each of these elements helps define the purpose and scope of a testimony provision. A provision
with even one of these elements missing might create a clear obligation for the incumbent in the
specified position to be responsive to Congress, but may leave open some part of how that official
is required to comply.
Most existing provisions do not lay out consequences for officials or an explicit recourse for
Congress in cases of non-compliance.23 While Congress has passed testimony requirements in
order to compel officials to provide testimony on specific subjects, this lack of clear option to
respond has the potential to undermine their effectiveness.

Oversight of the Office of National Drug Control Policy (ONDCP) and its 2022 National Drug Control Strategy, 117th
Cong., 2nd sess., July 14, 2022.
21 Two of the testimony requirements also allow the official in the specified position to name a designee to appear in
his or her place. See P.L. 115-174 §211(c)(1)(A) and 50 U.S.C. §4565(o).
22 This timing requirement might trigger based on calendar dates, the occurrence of a specified action or event, or upon
the request of a particular committee. Additionally, requirements may recur, for instance, if officials are required to
appear “on an annual basis.”
23 CRS identified one provision (Title 22, Section 286aa, of the U.S. Code) that bars the Secretary of the Treasury from
supporting some International Monetary Fund actions unless the Secretary certifies that specific conditions are met and,
if invited, appears to testify on the issue if asked by identified committees. This provision is comparable to notice
requirements, which also restrict certain actions until the specified conditions (i.e., the notice to Congress) are fulfilled.
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If an executive branch official did attempt to avoid complying with a testimony requirement,
Congress might have to take further action to secure the official’s testimony, notwithstanding the
statutory requirement. In these circumstances, the process may unfold as it does when Congress is
seeking testimony on a voluntary basis. For instance, committees may need still to negotiate with
actors from the executive branch or use other pressure to obtain the relevant testimony.
Alternatively, Congress might take more direct action, such as issuing a subpoena or considering
a contempt citation.
Similar Statutory Oversight Tools
There are several other types of statutory oversight provisions that use a similar structure: briefing
requirements, notice requirements, and substantive reporting requirements.24 This report broadly
organizes these tools, which are all reporting requirements, into two broad categories—oral and
written. Oral reporting requirements include testimony requirements as well as briefing
requirements (which are discussed below). Written reporting requirements include a broader
range, and this section discusses two subtypes—notification requirements and substantive
reporting requirements, which includes studies and program data.25 While detailed discussion of
the design and potential uses of these other tools is beyond the scope of this report,26 it may be
useful to briefly review each and how they relate to testimony requirements.
Briefing Requirements
Briefing requirements are statutory provisions that obligate specified officials to provide
information to and engage with committees on policy issues in a non-public or less formal setting.
Given the expectation of direct engagement between executive branch officials and Congress,
briefing requirements have much in common with testimony requirements. Briefing requirements
appear to be more common and extend to more policy areas than testimony requirements do.
The annual National Defense Authorization Act often includes a number of examples of briefing
requirements. For instance, the FY2022 version includes the following:
(a) IN GENERAL.—Not later than January 15, 2022, and every 90 days thereafter through
December 31, 2025, the Under Secretary of Defense for Policy, in consultation with the
Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Intelligence
and Security, shall provide to the congressional defense committees an unclassified and
classified briefing on the security situation in Afghanistan and ongoing Department of
Defense efforts to counter terrorist groups in Afghanistan.27

24 Substantive reporting requirements are commonly called reporting requirements. A more precise name is used in this
report to provide additional clarity.
25 There are other ways that these tools might be organized or defined. See the “Hybrid Purposes” text box below for
further discussion. See also CRS Report R42379, Changes to the Government Performance and Results Act (GPRA):
Overview of the New Framework of Products and Processes, by Clinton T. Brass; and John R. Johannes, “Study and
Recommend: Statutory Reporting Requirements as a Technique of Legislative Initiative in Congress-A Research
Note,” Western Political Quarterly, vol. 29, no. 4 (December 1976), pp. 589-596.
26 For more discussion of these other oversight tools see CRS Report RL30240, Congressional Oversight Manual,
coordinated by Christopher M. Davis, Todd Garvey, and Ben Wilhelm; CRS Report R46661, Strategies for Identifying
Reporting Requirements and Submitted Reporting to Congress, by Kathleen E. Marchsteiner; CRS Report R46357,
Congressionally Mandated Reports: Overview and Considerations for Congress, by William T. Egar; and CRS Report
R42379, Changes to the Government Performance and Results Act (GPRA): Overview of the New Framework of
Products and Processes, by Clinton T. Brass.
27 P.L. 117-81 §1092(a). The section goes on to specify in further detail specific aspects of the broader issue of security
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The format of this provision is very similar to the testimony requirements discussed throughout
this report, except that it directs officials to provide “unclassified and classified briefings” to
committees rather than hearing testimony. Additionally, the provision directs two under
secretaries to provide these briefings. Most testimony requirements are directed to the highest
level of agency leaders or their designees. However, other department officials with particular
expertise or more focused duties may provide more detailed discussion in a briefing than top
officials can in a hearing.
While the expectation of direct communication between committees and officials is an important
similarity, briefing requirements do not typically define precisely what communication an agency
must provide. This makes briefing requirements substantially different from testimony
requirements.28
In comparison to testimony requirements, briefing requirements may be more focused on
ensuring that Congress obtains specific information or has an opportunity for consultation, while
testimony requirements might aim to bring information to a wider audience, require an agency to
make an official public statement, and reflect formal accountability.
Written Reporting Requirements
Notification Requirements
Notification requirements direct an identified executive branch official to communicate to
Congress when an official takes (or plans to take) an identified action or when specified
conditions arise.29 Notification requirements may be useful to Congress because, compared to the
other oversight tools discussed in this report, they could potentially provide more timely
information to Congress on executive branch decisionmaking.
These requirements are frequently associated with standby authorities granted to officials or
agencies in the executive branch, where the authority may be activated only under specified
conditions that include sending a contemporaneous or prior notification to Congress. The official
often fulfills this requirement by submitting a letter to Congress or providing other written public
communication (such as publication in the Federal Register).30
For instance, Section 3(b) of the Inspector General Act of 1978 allows the President to remove a
presidentially appointed inspector general but only after notifying Congress in writing 30 days in
advance.31 In this case the notification requirement does not directly provide Congress with a

in Afghanistan.
28 Outside the context of statutory requirements, off-the-record briefings are also a potential compromise position when
committees and agencies are negotiating over voluntary testimony at hearings.
29 Notification requirements, which are typically fulfilled with written submissions, can be classified as a type of
written reporting requirement. See CRS Report R42490, Reexamination of Agency Reporting Requirements: Annual
Process Under the GPRA Modernization Act of 2010 (GPRAMA), by Clinton T. Brass.
30 The National Emergencies Act (50 U.S.C. §§ 1601-1651) works on this model. The President may activate certain
statutory “standby authorities” following an official declaration of national emergency related to a particular issue. See
CRS Report 98-505, National Emergency Powers, by L. Elaine Halchin.
31 5 U.S.C. Appx (IG Act) §3(b): “An Inspector General may be removed from office by the President. If an Inspector
General is removed from office or is transferred to another position or location within an establishment, the President
shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than
30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise
authorized by law, other than transfer or removal” (emphasis added).
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legally binding tool to prevent the removal of the inspector general, but it does allow for
Congress to investigate the situation, pressure executive branch actors, consider legislation, or
bring the issue to broader public attention.32 In other contexts, notification requirements may
facilitate more direct congressional responses.33
Substantive Reporting Requirements
Reporting requirements that call for substantive treatments of a given subject are probably the
best known statutory reporting tool used by Congress. They are also the most common and can be
found throughout the U.S. Code and annual appropriations legislation.34 A substantive reporting
requirement directs an agency or specified officials to provide certain information to Congress in
writing. These requirements may specify congressional recipients (e.g., Congress as a whole or
specific committees), and they may also call for certain information to be published elsewhere
without specifying congressional recipients.
Substantive reporting requirements can be used by Congress for a variety of purposes, such as
bringing program data, studies, analysis, agency plans, and policy recommendations to Congress
and other audiences. Stakeholders outside of Congress, including both government personnel and
outside experts and interest groups who are often key users of this information.35 Congress also
uses substantive reporting requirements to ensure that it receives official status updates on
programs and that their implementation is consistent with law and congressional intent.
Congress uses written reporting requirements for purposes that may be poorly suited to testimony.
For instance, written reporting requirements may direct agencies to gather information or conduct
analysis that is too extensive or complex for either written or oral testimony. Similarly, written
reports allow Congress to receive input from a wider range of officials and experts within
agencies.
Written reporting requirements frequently direct other oversight officials, such as the Government
Accountability Office and agency inspectors general, to report on agencies and officials. While
these officials do testify before committees, CRS identified one statutory testimony requirement
for an inspector general.36

32 See CRS In Focus IF11546, Removal of Inspectors General: Rules, Practice, and Considerations for Congress, by
Ben Wilhelm; and CRS Report R46762, Congress’s Authority to Limit the Removal of Inspectors General, by Todd
Garvey.
33 See CRS Report R47019, The Executive Budget Process: An Overview, by Dominick A. Fiorentino and Taylor N.
Riccard, pp. 16-21 (discussing notifications and congressional authority in the budget executive process).
34 See CRS Report R46661, Strategies for Identifying Reporting Requirements and Submitted Reporting to Congress,
by Kathleen E. Marchsteiner. See also CRS Report R46357, Congressionally Mandated Reports: Overview and
Considerations for Congress, by William T. Egar, p. 8.
35 For a more detailed discussion of potential purposes and uses of substantive reporting requirements, see CRS Report
R42490, Reexamination of Agency Reporting Requirements: Annual Process Under the GPRA Modernization Act of
2010 (GPRAMA), by Clinton T. Brass, pp. 3-5.
36 See 12 U.S.C. §5391(d)(3), which requires the inspector general for the Federal Deposit Insurance Corporation to
“appear before the appropriate committees of Congress, if requested, to present” its semiannual reports.
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Hybrid Purposes
Some statutory provisions, while clearly intended to facilitate congressional oversight, might be considered
“hybrids” that combine elements of two or more oversight tools.
A common example of a class of reporting provisions that might be thought of as “hybrid” are the “spending plan”
reports throughout appropriations legislation. For instance, consider the following language in the FY2021
appropriations bill (P.L. 116-260, under the hearing “Other Federal Drug Control Programs”) concerning the
Office of National Drug Control Policy (ONDCP):
Provided further, That the Director of the Office of National Drug Control Policy shall, not fewer than 30 days
prior to obligating funds under this heading for United States membership dues to the World Anti-Doping
Agency, submit to the Committees on Appropriations of the House of Representatives and the Senate a
spending plan and explanation of the proposed uses of these funds.
This provision requires the ONDCP to submit a substantive report on how it intends to spend certain
appropriate funds, but it also treats the submission of that report as a required notification for that expenditure.
Some might classify it as a substantive reporting requirement while others would consider it a notification
requirement.
Additional Considerations for Evaluating Potential
Testimony Requirements
There are a number of factors that Congress might evaluate when considering a new testimony
requirement. In addition to the design aspects discussed above,37 this section analyzes additional
questions of efficacy and necessity—whether a testimony requirement is likely to serve
Congress’s purposes in contrast with other potential options. Finally, the section concludes with a
list of broader questions that Congress may consider in the future if the use of testimony
requirements continues to expand.
Efficacy
When considering a testimony requirement, perhaps the most important question for Congress is
whether such a requirement will work. Like other oversight tools, testimony requirements are
useful to Congress if they advance oversight or support other congressional objectives.
Specifically, Congress may consider whether a proposed testimony requirement would likely
function as intended and help Congress achieve its goals. Each of these questions is addressed
further below.
Enforcement and Reluctant Witnesses
One risk that Congress might consider when evaluating a potential testimony requirement is that
the covered executive branch official or officials may not comply with the statute.
As noted above, one potential element that has not been included in past testimony requirements
is specific enforcement mechanisms if officials fail to meet their statutory obligations.38
Enforcement of these provisions, therefore, will likely begin with Congress’s authority over the
executive branch, including agency appropriations.39

37 See “Form and Function of Testimony Requirements” above.
38 See “Form and Function of Testimony Requirements.”
39 See CRS Report R46061, Voluntary Testimony by Executive Branch Officials: An Introduction, by Ben Wilhelm; and
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History shows, however, that these incentives are not always enough to overcome an
Administration’s desire to avoid or limit oversight.40 In such circumstances, Congress has used
more assertive tactics to support its authority, including subpoena threats, subpoenas, and
resolutions of contempt. These strategies are usually successful,41 but in some cases, especially in
recent years, they have been insufficient.42 If Congress cannot successfully enforce a subpoena,
further action—such as a civil lawsuit or a contempt—is possible.43 Should such a dispute come
before a judge, it is not clear whether a statutory testimony requirement would improve
Congress’s position compared to a duly issued subpoena.
Defining and Aligning Goals
Congress is likely to have unique goals each time it sets out to conduct oversight,44 such as
gathering relevant information or ensuring that officials are fulfilling their duties and accountable
for their actions. These goals can guide Congress in selecting appropriate oversight options.
For instance, if Congress intends to obtain information directly from agency leadership; ask
follow-up questions; assess an official’s reactions, level of knowledge, or awareness; or share
points on concern, then a testimony requirement may be a strong option. The same is true if
Congress wants to raise broader public awareness around an issue. Even if the goals are broader
or more complex, it is possible to evaluate how well they might be served by the creation and
successful implementation of a testimony requirement.
There are also circumstances when the information that Congress wants is poorly suited to
testimony. Large volumes of data (such as detailed information on the budget) may be difficult to
convey in a usable form via testimony. Requirements that direct agencies to create plans, develop
recommendations, or consult with other agencies might require complex and detailed analysis
better suited to written reporting. Even in these cases, Congress might consider a testimony
requirement associated with this other reporting.45
Necessity
Another important consideration is whether a testimony requirement, even if it would be
effective, is necessary to achieve Congress’s goals. In many circumstances, a testimony

CRS Report R45442, Congress’s Authority to Influence and Control Executive Branch Agencies, by Todd Garvey and
Daniel J. Sheffner.
40 See CRS Report R45653, Congressional Subpoenas: Enforcing Executive Branch Compliance, by Todd Garvey.
41 There is at least anecdotal evidence that officials have usually felt obliged to appear before committees when
subpoenaed. See Louis Fisher, The Politics of Executive Privilege (Durham, NC: Carolina Academic Press, 2004), pp.
91-109.
42 A recent example is the Contempt of Congress referral by the House of Representatives to the Department of Justice
(DOJ) of Steve Bannon. See CRS Legal Sidebar LSB10660, The Bannon Indictment and Prosecution, by Todd Garvey
and Michael A. Foster.
43 While Congress has not exercised its inherent contempt authority in the modern era, it does refer cases to DOJ, which
may consider prosecuting individuals under Title 2, Section 192, of the U.S. Code. See CRS Legal Sidebar LSB10660,
The Bannon Indictment and Prosecution, by Todd Garvey and Michael A. Foster (discussing DOJ’s decision to
prosecute Bannon for refusing to comply with subpoenas issued by the House Select Committee to Investigate the
January 6th Attack on the U.S. Capitol).
44 Congress might have a variety of oversight and non-oversight goals when it uses its oversight authority. See CRS
Report RL30240, Congressional Oversight Manual, coordinated by Christopher M. Davis, Todd Garvey, and Ben
Wilhelm, pp. 2-6.
45 See Title 7, Section 228(c), of the U.S. Code, which requires the Secretary of Agriculture to testify on an annual basis
before the agriculture committees on the Department of Agriculture’s budget request.
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requirement will be one of several potentially effective oversight tools available to Congress.
However, it may be more resource intensive than other options that committees might consider.
Worldwide Threat Assessment
In the spring of 2020, going against previous practice, intelligence agencies, led by the Office of the Director of
National Intelligence, declined to participate in public hearings before the intelligence committees on the annual
Worldwide Threat Assessment (50 U.S.C. §3043(b)). In previous years these hearings had allowed Congress and
the intelligence community to provide an unclassified discussion of major security issues around the world.
While these hearings returned to the committees’ calendars in 2021, Congress took notice and included language
in the Consolidated Appropriations Act, 2021 (P.L. 116-260) that made the annual open hearing a statutory
requirement.
The Worldwide Threat Assessment may be the quintessential example of a testimony requirement that is unlikely
to have diminishing value over time. National security is of significant and ongoing interest, and while particular
threats and issues might change over time, they will never disappear. When subjects are dynamic but likely to
remain important over time, a statutory testimony requirement may be particularly valuable to Congress and is
likely to retain that value over time.
Diminishing Returns
Congress might weigh how oversight of an issue may develop over time and whether there will
be sufficient interest or need for hearings over an extended period. Committee hearing time is
often limited, and, therefore, many issues are not the subject of regular hearings. Further, the
relative importance of issues and the goals of Members and committees are all likely to change
over time as Congress passes legislation to address issues, is faced with new matters, or exhausts
what it can accomplish on an issue through hearings. Congress may consider whether a testimony
requirement obligates committees to continue receiving this testimony beyond the time it is
useful.
Even if Congress expects that an issue will be a top priority for an extended period of time and
that multiple hearings will help the body navigate that issue, it may consider establishing a sunset
or other trigger upon which the testimony obligation will terminate without further legislative
action.
One such example is the requirement for the Secretary of the Treasury and the chair of the
Federal Reserve originally created as part of the CARES Act in 2020.46 Section 9060(c) of Title
15 of the U.S. Code requires the Secretary and the chair to testify regarding their activities under
Title IV of the CARES Act. This provisions originally called for testimony before the Senate
Committee on Banking, Housing, and Urban Affairs and the House Committee on Financial
Services on a quarterly basis without a specified end date.47 While both committees largely
followed this quarterly schedule, the Consolidated Appropriations Act, 2022, adjusted the
requirement from quarterly to semiannual hearings and set a new sunset of December 31, 2027.48
Additional Questions for Future Consideration
There are also a number of questions that Congress may think about regarding testimony
requirements more broadly. Questions that Congress might consider include:

46 P.L. 116-136. See also CRS Report R46329, Treasury and Federal Reserve Financial Assistance in Title IV of the
CARES Act (P.L. 116-136), coordinated by Andrew P. Scott.
47 P.L. 116-136 §4026(c).
48 P.L. 117-103, Division HH, Title III, §301.
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 Should the chambers set any specific rules for committee use of testimony
requirements, such as standardized reporting by the committees or limits on the
circumstances in which testimony requirements can be created?
 Should there be any rules or best practices for committees on how to review
testimony requirements after they are enacted?
 Should Congress establish specific enforcement mechanisms to foster
compliance with testimony requirements?
 Should Congress establish a process to require the executive branch to review
testimony requirements and suggest to Congress which requirements could be
eliminated?
 How might Congress evaluate the effectiveness and value of testimony
requirements and how could it use such feedback to enhance committee
oversight?
Congressional Research Service

10

Statutory Testimony Requirements: Background and Issues for Congress

Appendix. Identified Testimony Requirements in
Current Law
CRS has compiled a list of testimony requirements in current law, which can be found in Table
A-1 below.
Methodology
Statutory testimony requirements were identified using Boolean searches of the online version of
the U.S. Code maintained by the Office of Law Revision Counsel of the House of
Representatives.49 While this is not an official version of the U.S. Code, it is readily available to
the public and is generally an accurate and up-to-date resource. A variety of searches were
conducted for provisions that combined terms such as testify, testimony, and appear with
references to Congress including committee and in some cases with office titles such as secretary
and director. In addition, for legislation enacted since the start of the 2nd session of the 116th
Congress, the public laws were also searched, including appropriations legislation for FY2021
and FY2022.50
The results of each of these searches were then reviewed manually, and relevant provisions were
identified. In addition to periodic requirements for testimony (e.g., “on an annual basis”), this
report includes testimonial requirements that trigger when specific conditions arise (e.g., each
time an agency head or board takes a particular action). In the latter cases, depending on how
often these specified conditions arise, some officials may be required to testify/appear zero, one,
or multiple times.
In some cases, language in addition to the testimony requirements themselves has been included
to support comprehension. In these instances, italics have been added to emphasize the included
testimony requirement.
Caveats
There is at least some variation in the language used by the drafters of these provisions. While
CRS’s search methodology should capture provisions that use key words such as testify, appear,
and committee, if a provision uses alternative language, it may not have been captured.
Additionally, CRS’s review was based on current law and does not include any testimony
requirements that are no longer part of the U.S. Code.

49 Available at http://www.uscode.house.gov.
50 P.L. 116-260, December 27, 2020, and P.L. 117-103, March 15, 2022, respectively.
Congressional Research Service

11

Table A-1. Statutory Testimony Requirements
Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
7 U.S.C. §228(c)
On or before February 15 of each calendar year beginning with calendar year 1977, or
Secretary of Agriculture
1976
such other date as may be specified by the appropriate committee, the Secretary of
Agriculture shall testify before the Senate Committee on Agriculture, Nutrition, and
Forestry and the House Committee on Agriculture and provide justification in detail of
the amount requested in the budget to be appropriated for the next fiscal year for the
purposes authorized in this chapter.
10 U.S.C. §1071
Upon request by any of the appropriate committees of Congress, the Director and the
Director and Deputy
2008
Note (P.L. 110-181, Deputy Director shall testify before such committee, or provide a briefing or otherwise
Director of the Department
as amended,
provide requested information to such committee, regarding the discharge of the
of Defense—Department of
§1635(c)(7))
functions of the Office under this section.
Veterans Affairs Interagency
Program Office
12 U.S.C. §225b(a)
(a) Appearances before the Congress
Chairman of the Board of
2000
(1) In general
Governors of the Federal
Reserve System
The Chairman of the Board shall appear before the Congress at semi-annual hearings, as
specified in paragraph (2), regarding-
(A) the efforts, activities, objectives and plans of the Board and the Federal Open Market
Committee with respect to the conduct of monetary policy; and
(B) economic developments and prospects for the future described in the report
required in subsection (b).
(2) Schedule
The Chairman of the Board shall appear—
(A) before the Committee on Banking and Financial Services of the House of
Representatives on or about February 20 of even numbered calendar years and on or
about July 20 of odd numbered calendar years;
(B) before the Committee on Banking, Housing, and Urban Affairs of the Senate on or
about July 20 of even numbered calendar years and on or about February 20 of odd
numbered calendar years; and
(C) before either Committee referred to in subparagraph (A) or (B), upon request,
following the scheduled appearance of the Chairman before the other Committee
under subparagraph (A) or (B).
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Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
12 U.S.C. §247b
The Vice Chairman for Supervision shall appear before the Committee on Banking,
Vice Chairman for
2010
Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the
Supervision of the Board of
House of Representatives and at semi-annual hearings regarding the efforts, activities,
Governors of the Federal
objectives, and plans of the Board with respect to the conduct of supervision and
Reserve System
regulation of depository institution holding companies and other financial firms
supervised by the Board.
12 U.S.C. §5322(c)
(a) Purposes and Duties of the Council
Chairperson of the Financial
2010
(2) Duties
Stability Oversight Council
...
(Note: Secretary of the
Treasury is the Chairperson)
(c) Testimony by the Chairperson
The Chairperson shall appear before the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing, and Urban Affairs of the
Senate at an annual hearing, after the report is submitted under subsection (a)—
(1) to discuss the efforts, activities, objectives, and plans of the Council; and
(2) to discuss and answer questions concerning such report.
12 U.S.C. §5343(d)
(d) Testimony
Director of the Office of
2010
(1) In general
Financial Research
The Director of the Office shall report to and testify before the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the
House of Representatives annually on the activities of the Office, including the work of
the Data Center and the Research and Analysis Center, and the assessment of the Office
of significant financial market developments and potential emerging threats to the
financial stability of the United States.
12 U.S.C.
(3) Reports to Congress and the public
Federal Deposit Insurance
2010
§5383(c)(3)(C)
(A) In general
Corporation
Not later than 60 days after the date of appointment of the Corporation as receiver for a
covered financial company, the Corporation shall file a report with the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives—
(i) setting forth information on the financial condition of the covered financial company as
of the date of the appointment, including a description of its assets and liabilities;
CRS-13

Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
(ii) describing the plan of, and actions taken by, the Corporation to wind down the
covered financial company;
(iii) explaining each instance in which the Corporation waived any applicable
requirements of part 366 of title 12, Code of Federal Regulations (or any successor
thereto) with respect to conflicts of interest by any person in the private sector who
was retained to provide services to the Corporation in connection with such
receivership;
(iv) describing the reasons for the provision of any funding to the receivership out of the
Fund;
(v) setting forth the expected costs of the orderly liquidation of the covered financial
company;
(vi) setting forth the identity of any claimant that is treated in a manner different from
other similarly situated claimants under subsection (b)(4), (d)(4), or (h)(5)(E), the
amount of any additional payment to such claimant under subsection (d)(4), and the
reason for any such action; and
(vii) which report the Corporation shall publish on an online website maintained by the
Corporation, subject to maintaining appropriate confidentiality.
. .
(C) Congressional testimony
The Corporation and the primary financial regulatory agency, if any, of the financial company for
which the Corporation was appointed receiver under this subchapter shall appear before
Congress, if requested, not later than 30 days after the date on which the Corporation first files
the reports required under subparagraph (A).
12 U.S.C.
(3) Reports and testimony
Inspector General of the
2010
§5391(d)(3)
The Inspector General of the Corporation shall include in the semiannual reports
Federal Deposit Insurance
required by section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.), a summary Corporation
of the findings and evaluations under paragraph (1), and shall appear before the
appropriate committees of Congress, if requested, to present each such report.
12 U.S.C. §5496(a)
(a) Appearances before Congress
Director of the Consumer
1992
The Director of the Bureau shall appear before the Committee on Banking, Housing, and
Financial Protection Bureau
Urban Affairs of the Senate and the Committee on Financial Services and the Committee
on Energy and Commerce of the House of Representatives at semi-annual hearings
regarding the reports required under subsection (b).
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Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
15 U.S.C. §4729
(a) In general
Secretary of Commerce
1992
Not later than May 31 of each year, the Secretary of Commerce shall submit to the
Congress a report on the international economic position of the United States and, not
later than June 30 of each year, shall appear before the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of
Representatives to testify on issues addressed in that report.
15 U.S.C.
(3) Federal reserve programs or facilities
Secretary of the Treasury
2020
§9042(c)(3)(A)(iii)
(A) Terms and conditions
(iii) Waiver
The Secretary may waive the requirement under clause (ii) with respect to any program
or facility upon a determination that such waiver is necessary to protect the interests of
the Federal Government. If the Secretary exercises a waiver under this clause, the
Secretary shall make himself available to testify before the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the
House of Representatives regarding the reasons for the waiver.
15 U.S.C. §9060
(c) Testimony
Secretary of the Treasury and
2020
The Secretary and the Chairman of the Board of Governors of the Federal Reserve
Chairman of the Board of
System shall testify, on a semiannual basis, before the Committee on Banking, Housing,
Governors of the Federal
and Urban Affairs of the Senate and the Committee on Financial Services of the House of
Reserve System
Representatives regarding the obligations of the Department of the Treasury and the
Federal Reserve System, and transactions entered into, under this Act. This subsection
shall have no force or effect after December 31, 2027.
20 U.S.C.
(2) Testimony
Director and principal officers 2008
§9631(g)(2)
The Director and principal officers of the Center shall testify before the authorizing
of the National Center for
committees and the Committees on Appropriations of the House of Representatives and
Research in Advanced
the Senate, upon request of such committees, with respect to—
Information and Digital
Technologiesa
(A) any report required under paragraph (1)(A); and
(B) any other matter that such committees may determine appropriate.
20 U.S.C. §9703(i)
(i) Testimony
Financial Literacy and
2003
The Commission shall annually provide testimony by the Chairperson to the Committee
Education Commission (Note:
on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial
Secretary of the Treasury is
Services of the House of Representatives.
the Chairperson)
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Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
20 U.S.C.
(c) Report
Secretary of the Treasury
2008
§9709(c)(3)b
(1) In general
Not later than 2 years after August 14, 2008, the Financial Literacy and Education
Commission shall submit a report to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Health Education, Labor, and Pensions of the Senate and
the Committee on Financial Services and the Committee on Education and Labor of the
House of Representatives on the state of financial education among students at covered
educational institutions.
...
(3) Appearance before Congress
The Secretary shall, upon request, provide testimony before the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial Services of the House of
Representatives concerning the report required by this subsection.
21 U.S.C.
(b) Responsibilities
Director of the Office of
1988
§1703(b)(6)
The Director—
National Drug Control Policy
...
(6) shall appear before duly constituted committees and subcommittees of the House of
Representatives and of the Senate to represent the drug policies of the executive
branch...
22 U.S.C. §262r(d)
(d) Testimony required
Chairman of the National
1989
Upon request of the Committee on Banking, Finance and Urban Affairs of the House of
Advisory Council on
Representatives, the Chairman shall testify before the Committee to support and explain each
International Monetary and
annual report required by subsection (a). If the President has delegated to a person or
Financial Policies (Note:
persons other than the Chairman the authority to manage United States participation in
Secretary of the Treasury is
the international financial institutions which was vested in the President by section 1(b) of the Chairperson)
the Reorganization Plan No. 4 of 1965, such person or persons shall, upon request of the
Committee, accompany the Chairman and testify before the Committee with regard to
such report. The Chairman and such other person or persons shall assess, in their
testimony, the effectiveness of the international financial institutions, the major issues
affecting United States participation, the major developments in the past year, the
prospects for the coming year, United States policy goals with respect to the
international financial institutions, and any specific issues addressed to them by any
member of the Committee.
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Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
22 U.S.C. §262r-
(b) Testimony
Secretary of the Treasury
1998
4(b)
After submitting the report required by subsection (a) but not later than March 1 of each
year, the Secretary of the Treasury shall appear before the Committee on Banking and
Financial Services of the House of Representatives and the Committee on Foreign
Relations of the Senate and present testimony on—
(1) any progress made in reforming the International Monetary Fund;
(2) the status of efforts to reform the international financial system;
(3) the compliance of countries which have received assistance from the International
Monetary Fund with agreements made as a condition of receiving the assistance; and
(4) the status of implementation of international anti-money laundering and
counterterrorist financing standards by the International Monetary Fund, the
multilateral development banks, and other multilateral financial policymaking bodies.
22 U.S.C. §286aa
The Congress hereby finds that Communist dictatorships result in severe constraints on
Secretary of the Treasury
1983
labor and capital mobility and other highly inefficient labor and capital supply rigidities
which contribute to balance of payments deficits in direct contradiction of the goals of
the International Monetary Fund. Therefore, the Secretary of the Treasury shall instruct the
United States Executive Director of the [International Monetary] Fund to actively oppose any
facility involving use of Fund credit by any Communist dictatorship, unless the Secretary of the
Treasury certifies and documents in writing upon request and so notifies and appears, if
requested, before the Foreign Relations and Banking, Housing, and Urban Affairs Committees of
the Senate and the Banking, Finance and Urban Affairs Committee of the House of
Representatives, at least twenty-one days in advance of any vote on such drawing that such
drawing—
(1) provides the basis for correcting the balance of payments difficulties and restoring a
sustainable balance of payments position;
(2) would reduce the severe constraints on labor and capital mobility or other highly
inefficient labor and capital supply rigidities and advances market-oriented forces in
that country; and
(3) is in the best economic interest of the majority of the people in that country.
Should the Secretary not meet a request to appear before the aforementioned committees at
least twenty-one days in advance of any vote on any facility involving use of Fund credit by any
communist dictatorship and certify and document in writing that these three conditions have
been met, the United States Executive Director shall vote against such program.
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Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
22 U.S.C. §3142(a)
(a) Annual report on foreign direct investment in United States
Secretary of Commerce
1990
Not later than 6 months after November 7, 1990, and not later than the end of each 1-
year period occurring thereafter, the Secretary of Commerce shall submit to the
Committee on Energy and Commerce, the Committee on Ways and Means, and the
Committee on Foreign Affairs of the House of Representatives, to the Committee on
Commerce, Science, and Transportation of the Senate, and to the Joint Economic
Committee of the Congress a report on the role and significance of foreign direct
investment in the United States. Such report shall address the history, scope, trends,
market concentrations, and effects on the United States economy of such investment. In
addition, the Secretary of Commerce shall, if requested by any such committee, appear before
that committee to provide testimony with respect to any report under this subsection.
22 U.S.C. §4413(i)
(i) Annual report; contents; testimony respecting report
Board members and officers
1983
Not later than February 1 of each year, the Endowment shall submit an annual report for
of the National Endowment
the preceding fiscal year to the President for transmittal to the Congress. The report
for Democracyc
shall include a comprehensive and detailed report of the Endowment’s operations,
activities, financial condition, and accomplishments under this subchapter and may include
such recommendations as the Endowment deems appropriate. The Board members and
officers of the Endowment shall be available to testify before appropriate committees of the
Congress with respect to such report, the report of any audit made by the Comptroller General
pursuant to subsection (f), or any other matter which any such committee may determine.
22 U.S.C. §5305
Reporting requirements
Secretary of the Treasury
1988
(a) Reports required
In furtherance of the purpose of this chapter, the Secretary, after consultation with the
Chairman of the Board, shall submit to the Committee on Banking, Finance and Urban
Affairs of the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, on or before October 15 of each year, a written report on
international economic policy, including exchange rate policy. The Secretary shall provide
a written update of developments six months after the initial report. In addition, the
Secretary shall appear, if requested, before both committees to provide testimony on these
reports.
31 U.S.C. §313
(1) Reports and testimony by Secretary of the Treasury and Chairman of the
The Secretary of the Treasury 2018
Note (P.L. 115-174, Federal Reserve.
and the Chairman of the
§211(c)(1)(A))
(A) In general. The Secretary of the Treasury and the Chairman of the Board of
Board of Governors of the
Governors of the Federal Reserve System, or their designee, shall submit to the
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Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Federal Reserve System (or
Financial Services of the House of Representatives, an annual report and provide annual
their designee)
testimony to the Committee on Banking, Housing, and Urban Affairs of the Senate, and
the Committee on Financial Services of the House of Representatives on the efforts of
the Secretary and the Chairman with the National Association of Insurance
Commissioners with respect to global insurance regulatory or supervisory forums,
including—
(i) a description of the insurance regulatory or supervisory standard-setting issues
under discussion at international standard-setting bodies, including the Financial
Stability Board and the International Association of Insurance Supervisors;
(ii) a description of the effects that proposals discussed at international insurance
regulatory or supervisory forums of insurance could have on consumer and
insurance markets in the United States;
(iii) a description of any position taken by the Secretary of the Treasury, the Board of
Governors of the Federal Reserve System, and the Director of the Federal
Insurance Office in international insurance discussions; and
(iv) a description of the efforts by the Secretary of the Treasury, the Board of
Governors of the Federal Reserve System, and the Director of the Federal
Insurance Office to increase transparency at the Financial Stability Board with
respect to insurance proposals and the International Association of Insurance
Supervisors, including efforts to provide additional public access to working groups
and committees of the International Association of Insurance Supervisors.
31 U.S.C.
(11) Department of the Treasury Testimony.
Director of the Financial
2021
§5336(c)(11)
(A) In general. Not later than March 31 of each year for 5 years beginning in 2022, the
Crimes Enforcement
Director shall be made available to testify before the Committee on Banking, Housing,
Network
and Urban Affairs of the Senate and the Committee on Financial Services of the House of
Representatives, or an appropriate subcommittee thereof, regarding FinCEN issues,
including, specifically, issues relating to—
(i) anticipated plans, goals, and resources necessary for operations of FinCEN in
implementing the requirements of the Anti-Money Laundering Act of 2020 and the
amendments made by that Act;
(ii) the adequacy of appropriations for FinCEN in the current and the previous fiscal
year to—
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Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
(I) ensure that the requirements and obligations imposed upon FinCEN by the
Anti-Money Laundering Act of 2020 and the amendments made by that Act are
completed as efficiently, effectively, and expeditiously as possible; and
(II) provide for robust and effective implementation and enforcement of the
provisions of the Anti-Money Laundering Act of 2020 and the amendments
made by that Act;
(iii) strengthen FinCEN management efforts, as necessary and as identified by the
Director, to meet the requirements of the Anti-Money Laundering Act of 2020
and the amendments made by that Act;
(iv) provide for the necessary public outreach to ensure the broad dissemination of
information regarding any new program requirements provided for in the Anti-
Money Laundering Act of 2020 and the amendments made by that Act, including—
(I) educating the business community on the goals and operations of the new
beneficial ownership database; and
(II) disseminating to the governments of countries that are allies or partners of the
United States information on best practices developed by FinCEN related to
beneficial ownership information retention and use;
(v) any policy recommendations that could facilitate and improve communication and
coordination between the private sector, FinCEN, and the Federal, State, and local
agencies and entities involved in implementing innovative approaches to meet their
obligations under the Anti-Money Laundering Act of 2020 and the amendments
made by that Act, the Bank Secrecy Act (as defined in section 6003 of the Anti-
Money Laundering Act of 2020), and other anti-money laundering compliance laws;
and
(vi) any other matter that the Director determines is appropriate.
(B) Testimony classification. The testimony required under subparagraph (A)—
(i) shall be submitted in unclassified form; and
(ii) may include a classified portion.
38 U.S.C.
(a) If the Secretary proposes to enter into an enhanced-use lease with respect to certain
Secretary of Veterans Affairs
2016
§8163(c)(1)
property, the Secretary shall conduct a public hearing before entering into the lease….
...
(c)(1) If after a hearing under subsection (a) the Secretary intends to enter into an
enhanced-use lease of the property involved, the Secretary shall notify the congressional
veterans’ affairs committees, the Committees on Appropriations of the House of
CRS-20

Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
Representatives and the Senate, and the Committees on the Budget of the House of
Representatives and the Senate of the Secretary’s intention to enter into such lease, shall
publish a notice of such intention in the Federal Register, and shall submit to the
congressional veterans' affairs committees a copy of the proposed lease. With respect to a
major enhanced-use lease, upon the request of the congressional veterans' affairs committees,
not later than 30 days after the date of such notice, the Secretary shall testify before the
committees on the major enhanced-use lease, including with respect to the status of the lease,
the cost, and the plans to carry out the activities under the lease. The Secretary may not
delegate such testifying below the level of the head of the Office of Asset Enterprise
Management of the Department or any successor to such office.
39 U.S.C. §2401(e)
Each year, the Postal Service shall appear before the Committee on Governmental Affairs United States Postal Service
1976
of the Senate and the Committee on Government Reform of the House of
Representatives to submit information which any such committee considers necessary to
determine the amount of funds to be appropriated for the operation of the Postal
Service, and to present testimony and respond to questions with respect to such budget
and statement. Each such committee shall take such action as it considers appropriate
and shall advise the Postal Service of such action.
42 U.S.C.
(4) Testimony
Privacy and Civil Liberties
2004
§2000ee(d)(4)
The members of the Board shall appear and testify before Congress upon request.
Oversight Board
47 U.S.C. §1430(c)
(a) In general
Board of the First Responder
2012
Not later than 1 year after February 22, 2012, and each year thereafter, the First
Network Authority
Responder Network Authority shall submit an annual report covering the preceding fiscal
year to the appropriate committees of Congress.
...
(c) Availability to testify
The members of the Board and employees of the First Responder Network Authority
shall be available to testify before the appropriate committees of the Congress with
respect to—
(1) the report required under subsection (a);
(2) the report of any audit conducted under section 1429 of this title; or
(3) any other matter which such committees may determine appropriate.
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Statutory
Individual(s) Required to
Year Requirement
Provision
Relevant Language
Testify
Established
50 U.S.C. §3043b
Annual reports on worldwide threats
Director of National
2020
...
Intelligence
(d) Hearings
(1) Open hearings
Upon request by the appropriate congressional committees, the Director (and any other
head of an element of the intelligence community determined appropriate by the
committees in consultation with the Director) shall testify before such committees in an
open setting regarding a report under subsection (b).
(2) Closed hearings
Any information that may not be disclosed during an open hearing under paragraph (1) in
order to protect intelligence sources and methods may instead be discussed in a closed
hearing that immediately follows such open hearing.
50 U.S.C. §4565(o)
(o) Testimony
Committee on Foreign
2018
(1) In general
Investment in the United
States (Note: Secretary of the
Not later than March 31 of each year, the chairperson, or the designee of the
Treasury is the Chairperson)
chairperson, shall appear before the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban Affairs of the
Senate to present testimony on—
(A) anticipated resources necessary for operations of the Committee in the following
fiscal year at each of the departments or agencies represented on the Committee;
(B) the adequacy of appropriations for the Committee in the current and the previous
fiscal year to—
(i) ensure that thorough reviews and investigations are completed as expeditiously as
possible;
(ii) monitor and enforce mitigation agreements; and
(iii) identify covered transactions for which a notice under clause (i) of subsection
(b)(1)(C) or a declaration under clause (v) of that subsection was not submitted
to the Committee;
(C) management efforts to strengthen the ability of the Committee to meet the
requirements of this section; and
(D) activities of the Committee undertaken in order to—
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Statutory
Individual(s) Required to
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Provision
Relevant Language
Testify
Established
(i) educate the business community, with a particular focus on the technology sector
and other sectors of importance to national security, on the goals and operations
of the Committee;
(ii) disseminate to the governments of countries that are allies or partners of the
United States best practices of the Committee that-
(I) strengthen national security reviews of relevant investment transactions; and
(II) expedite such reviews when appropriate; and
(iii) promote openness to foreign investment, consistent with national security
considerations.
P.L. 117-103, Div.
(a) Not later than 60 days after the end of each quarter, the Office of Financial Stability
Officials of the Office of
2022
E, §124
and the Office of Financial Research shall submit reports on their activities to the
Financial Stability and the
Committees on Appropriations of the House of Representatives and the Senate, the
Office of Financial Research
Committee on Financial Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
...
(c) At the request of any such Committees specified in subsection (a), the Office of Financial
Stability and the Office of Financial Research shall make officials available to testify on the
contents of the reports required under subsection (a).
Sources: U.S. Code; Public Laws.
Notes:
a. The National Center for Research in Advanced Information and Digital Technologies is not an “agency or establishment” of the federal government (20 U.S.C.
§9631(a)). It is included as an additional example of potentially relevant statutory language.
b. This testimony requirement appears to have effectively expired, but it is still part of current law and may still be a relevant language example.
c. The National Endowment for Democracy is not an “agency or establishment” of the federal government (22 U.S.C. §4411(a)). It is included as an additional example
of potentially relevant statutory language.

CRS-23

Statutory Testimony Requirements: Background and Issues for Congress

Author Information

Ben Wilhelm

Analyst in Government Organization and
Management

Acknowledgments
Senior Research Librarian Kathleen Marchsteiner provided invaluable assistance for this report.

Disclaimer
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Congressional Research Service
R47288 · VERSION 1 · NEW
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