United States congressional hearing

Last updated

A United States congressional hearing is the principal formal method by which United States congressional committees collect and analyze information in the early stages of legislative policymaking. [1] Whether confirmation hearings (a procedure unique to the United States Senate), legislative, oversight, investigative, or a combination of these, all hearings share common elements of preparation and conduct. Hearings usually include oral testimony from witnesses and questioning of the witnesses by members of Congress. George B. Galloway termed congressional hearings a goldmine of information for all the public problems of the United States. [2] A leading authority on U.S. government publications has referred to the published hearings as "the most important publications originating within Congress." [3] The Senate Library in a similar vein noted "Hearings are among the most important publications originating in Congress." [4]

Contents

Hearings were not published generally until the latter part of the 19th century, except some early hearings (generally of special investigative committees) were published in the series that are part of the Serial Set. Published hearings did not become available for purchase from the United States Government Printing Office until 1924 and were not distributed to depository libraries until 1938. [5] Unlike the documents and reports that are compiled in the Serial Set "hearings do not constitute a real series" [4] 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") [6] published on the cover and title page (e.g. S. HRG. 110-113; S. PRT. 110-13). A growing number of House Committees are assigning numerical or alphabetical designations for their publications (e.g. 110-35, 110-AA).

The Law Library of Congress in a collaborative pilot project with Google is undertaking the digitization 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. [7] ProQuest offers subscriptions to a database of digitized hearings (published and unpublished) covering 1824 to the present. [8]

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. [9] [10]

Oversight hearings

Oversight hearings review or study a law, issue, or an activity, often focusing on the quality of federal programs and the performance of government officials. Hearings also ensure that the executive branch's execution goes with legislative intent, while administrative policies reflect the public interest. Oversight hearings often seek to improve the efficiency, economy, and effectiveness of government operations. A significant part of a committee's hearings workload is dedicated to oversight. For example, on a single day, May 8, 1996, the Senate Committee on Energy and Natural Resources held an oversight hearing to look into a recent increase in gasoline prices; the Committee on Governmental Affairs held an oversight hearing on the Internal Revenue Service; the Committee on Health, Education, Labor and Pensions held an oversight hearing on the implementation of the Family and Medical Leave Act; and the Committee on Indian Affairs held an oversight hearing on the impact of a recent Supreme Court case involving Indian gaming. Many committees oversee existing programs in the context of hearings on related legislation, or routinely perform oversight when it is time to reauthorize a program, so oversight hearings may be combined with legislative hearings.

Investigative hearings

Investigative hearings share some of the characteristics of legislative and oversight hearings. The difference lies in Congress's stated determination to investigate, usually when there is a suspicion of wrongdoing on the part of public officials acting in their official capacity, or private citizens whose activities suggest the need for a legislative remedy. Congress's authority to investigate is broad and it has exercised this authority since the earliest days of the republic. The first such hearings were held by the House of Representatives in 1792 following St. Clair's Defeat in the Battle of the Wabash. [11] Its most famous inquiries are benchmarks in American history: Credit Mobilier, Teapot Dome, Army-McCarthy, Watergate, and Iran-Contra. Investigative hearings often lead to legislation to address the problems uncovered. Judicial activities in the same area of Congress's investigation may precede, run simultaneously with, or follow such inquiries.

Confirmation hearings

Confirmation hearings on presidential nominations are held in fulfillment of the Senate's constitutional "advice and consent" responsibilities under the Appointments Clause. 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 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 and the Committee on Armed Services held hearings on the Comprehensive Nuclear Test Ban Treaty. Also that year the Committee on Foreign Relations held hearings on ratifying tax treaties with Estonia, Venezuela, Denmark, and other nations.

Field hearings

Field hearings are Congressional hearings held outside Washington. The formal authority for field hearings is found implicitly in the chamber rules. Senate Rule XXVI, paragraph 1 states that a committee "is authorized to hold hearings … at such times and places during the sessions, recesses, and adjourned periods of the Senate" as it sees fit. Otherwise, there is no distinction between field hearings and those held in Washington. In the 106th Congress, for example, the Committee on Commerce held a field hearing in Bellingham, Washington, on a liquid pipeline explosion in that city, and the Committee on Energy and Natural Resources held a field hearing in Albuquerque, New Mexico, on a bill to review the ability of the National Laboratories to meet Department of Energy standards. While field hearings involve some matters different from Washington hearings, most of the procedural requirements are the same. However, funding for committee travel must meet regulations established by the Senate Committee on Rules and Administration.

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 (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

  1. involves national security information;
  2. concerns committee personnel, management, or procedures;
  3. invades the personal privacy of an individual, damages an individual's reputation or professional standing, or charges an individual with a crime or misconduct;
  4. reveals identities or damages operations relating to law enforcement activities;
  5. discloses certain kinds of confidential financial or commercial information; or
  6. 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.

Related Research Articles

<span class="mw-page-title-main">United States Congress</span> Legislative branch of U.S. government

The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members.

<span class="mw-page-title-main">Federal government of the United States</span> National government of the United States

The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.

Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and other oversight by the legislative and judicial branches of government in pursuit of particular information or personnel relating to those confidential communications. The right comes into effect when revealing the information would impair governmental functions. Neither executive privilege nor the oversight power of Congress is explicitly mentioned in the United States Constitution. However, the Supreme Court of the United States has ruled that executive privilege and congressional oversight each are a consequence of the doctrine of the separation of powers, derived from the supremacy of each branch in its area of constitutional activity.

Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. Historically, the bribery of a U.S. senator or U.S. representative was considered contempt of Congress. In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena issued by a congressional committee or subcommittee—usually seeking to compel either testimony or the production of requested documents.

<span class="mw-page-title-main">Tom Davis (Virginia politician)</span> American politician (born 1949)

Thomas Milburn Davis III is an American lobbyist and former Republican member of the United States House of Representatives who represented Virginia's 11th congressional district in Northern Virginia. Davis was considering a run for the U.S. Senate seat being vacated by five-term incumbent and fellow Republican John Warner in the 2008 election, but decided against it. He announced on January 30, 2008, that he would not seek reelection to an eighth term. Davis resigned from Congress on November 24, 2008.

<span class="mw-page-title-main">United States Senate Committee on Small Business and Entrepreneurship</span> Standing committee of the United States Senate

The U.S. Senate Committee on Small Business and Entrepreneurship is a standing committee of the United States Senate. It has jurisdiction over the Small Business Administration and is also charged with researching and investigating all problems of American small business enterprises.

<span class="mw-page-title-main">United States congressional committee</span> Legislative working groups of the United States federal government

A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty. Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. As "little legislatures", the committees monitor ongoing governmental operations, identify issues suitable for legislative review, gather and evaluate information, and recommend courses of action to their parent body. Woodrow Wilson once wrote, "it is not far from the truth to say that Congress in session is Congress on public exhibition, whilst Congress in its committee rooms is Congress at work." It is not expected that a member of Congress be an expert on all matters and subject areas that come before Congress. Congressional committees provide valuable informational services to Congress by investigating and reporting about specialized subjects.

<span class="mw-page-title-main">Architect of the Capitol</span> Person and federal agency that maintain the United States Capitol complex

The Architect of the Capitol (AOC) is the federal agency responsible for the maintenance, operation, development, and preservation of the United States Capitol Complex. It is an agency of the legislative branch of the federal government and is accountable to the United States Congress and the Supreme Court. Both the agency and the head of the agency are called "Architect of the Capitol". The head of the agency is appointed to a 10-year term by the president of the United States, confirmed by the United States Senate, and is accountable to the president.

<i>Congressional Record</i> Official record of the proceedings and debates of the United States Congress

The Congressional Record is the official record of the proceedings and debates of the United States Congress, published by the United States Government Publishing Office and issued when Congress is in session. The Congressional Record Index is updated daily online and published monthly. At the end of a session of Congress, the daily editions are compiled in bound volumes constituting the permanent edition. Chapter 9 of Title 44 of the United States Code authorizes publication of the Congressional Record.

<span class="mw-page-title-main">United States Senate Caucus on International Narcotics Control</span> Congressional drugs standing committee

The United States Senate Caucus on International Narcotics Control is a U.S. congressional caucus created to monitor and encourage the U.S. government and private programs seeking to expand international cooperation against drug abuse and narcotics trafficking, and promote international compliance with narcotics control treaties, including eradication.

<span class="mw-page-title-main">United States House Committee on Oversight and Accountability</span> Standing committee of the United States House of Representatives

The Committee on Oversight and Accountability is the main investigative committee of the United States House of Representatives.

<span class="mw-page-title-main">Judith W. Rogers</span> American judge (born 1939)

Judith Ann Wilson Rogers is a senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.

Congressional oversight is oversight by the United States Congress over the executive branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power largely through its congressional committee system. Oversight also occurs in a wide variety of congressional activities and contexts. These include authorization, appropriations, investigative, and legislative hearings by standing committees; which is specialized investigations by select committees; and reviews and studies by congressional support agencies and staff.

<span class="mw-page-title-main">Morgan Report</span> 1894 U.S. Congressional report regarding overthrow of the Hawaiian Kingdom

The Morgan Report was an 1894 report concluding an official U.S. Congressional investigation into the events surrounding the overthrow of the Hawaiian Kingdom, including the alleged role of U.S. military troops in the overthrow of Queen Liliʻuokalani. Along with the Blount Report submitted in 1893, it is one of the main source documents compiling the testimony of witnesses and participants in the overthrow of the Hawaiian Kingdom in January 1893. The Morgan Report was the final result of an official U.S. Congressional investigation into the overthrow, conducted by the United States Senate Committee on Foreign Relations, whose chairman was Senator John Tyler Morgan, Democrat of Alabama.

Nicholas Quinn Rosenkranz is an American constitutional law scholar, professor, and Broadway producer. He writes and teaches in the fields of constitutional law, statutory interpretation, and federal jurisdiction. He is the son of billionaire investor and philanthropist Robert Rosenkranz.

United States Intelligence Community Oversight duties are shared by both the executive and legislative branches of the government. Oversight, in this case, is the supervision of intelligence agencies, and making them accountable for their actions. Generally oversight bodies look at the following general issues: following policymaker needs, the quality of analysis, operations, and legality of actions.

The Legislative Reorganization Act of 1970 was an act of the United States Congress to "improve the operation of the legislative branch of the Federal Government, and for other purposes." The act focused mainly on the rules that governed congressional committee procedures, decreasing the power of the chair and empowering minority members, and on making House and Senate processes more transparent.

The U.S. Congress in relation to the president and Supreme Court has the role of chief legislative body of the United States. However, the Founding Fathers of the United States built a system in which three powerful branches of the government, using a series of checks and balances, could limit each other's power. As a result, it helps to understand how the United States Congress interacts with the presidency as well as the Supreme Court to understand how it operates as a group.

<span class="mw-page-title-main">Administrative Procedure Act</span> US federal statute allowing courts oversight over agencies

The Administrative Procedure Act (APA), Pub. L.Tooltip Public Law  79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations, and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law.

<span class="mw-page-title-main">Federal impeachment in the United States</span> Procedure of officially accusing a civil officer

In the United States, federal impeachment is the process by which the House of Representatives charges the president, vice president, or a civil federal officer for alleged misconduct. The House can impeach an individual with a simple majority of the present members or other criteria adopted by the House according to Article One, Section 2, Clause 5 of the U.S. Constitution.

References

  1. ↑ "U.S. Senate: Glossary Term | Hearing". Archived from the original on 2021-06-02. Retrieved 2021-07-07.
  2. ↑ George G. Galloway. "Development of the Committee System in the House of Representatives". American Historical Review, Vol. LXV, No.1 (October 1959), p. 26.
  3. ↑ L.S. Schemeckebier and Roy Eastin. Government Publications and Their Use, 2nd revised edition. Washington D.C., Brookings Institution (1969), p. 166.
  4. 1 2 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.
  5. ↑ Anne M. Boyd and R. E. Rips. United States Government Publications. New York, H.W. Wilson (1949), p.56
  6. ↑ "Marilyn Johnson. The Numbering of Congressional Hearings. 1972". Archived from the original on 2021-03-19. Retrieved 2010-01-04.
  7. ↑ "Congressional Hearings". loc.gov. Archived from the original on 2021-03-19. Retrieved 2017-12-29.
  8. ↑ "Official Documents" (PDF). ProQuest . Archived from the original (PDF) on 2013-05-28. Retrieved 2012-11-30.
  9. ↑ Davis, Christopher M. (August 10, 2015). House Committee Hearings: Witness Testimony (PDF). Washington, DC: Congressional Research Service. Archived (PDF) from the original on 12 August 2017. Retrieved 31 January 2018.
  10. ↑ Heitshusen, Valerie (December 6, 2017). Senate Committee Hearings: Witness Testimony (PDF). Washington, DC: Congressional Research Service. Archived (PDF) from the original on 5 June 2018. Retrieved 31 January 2018.
  11. ↑ Buffenbarger, Thomas E. (September 15, 2011). "St. Clair's Campaign of 1791: A Defeat in the Wilderness That Helped Forge Today's U.S. Army". Washington, D.C.: U.S. Army. Archived from the original on July 28, 2017. Retrieved July 20, 2017.

Sources

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.