How many presses can claim 40 percent of their books as winner or finalist in one of the publishing industry’s most prestigious awards? TheCapitol.Net is one that can. The Virginia-based DC-area publisher has published ten titles, all on understanding how the federal government, Washington, and the media actually work. Four of them have received recognition at the Benjamin Franklin Awards–the premier award in the independent publishing world.

Organized by the Independent Book Publishers Association (IBPA), and selected, in 2011, from some 1300 entries, the Benjamin Franklin Awards often go to much larger publishers, such as John Wiley & Sons, Dorling Kindersley, and Harvard Common Press.

Yet, at IBPA’s 23rd annual award ceremony held at Book Expo America (BEA) in New York recently, The Capitol.Net’s Testifying Before Congress: A Practical Guide to Preparing and Delivering Testimony before Congress and Congressional Hearings, by William N. LaForge, took top honors in the Professional and Technical category, while A Better Congress: Change the Rules, Change the Results, by Joseph Gibson, was a finalist in the Politics and Current Events category.

These two books, honored at the 2011 awards ceremony, join previous finalists Congressional Deskbook (2006) and Common Sense Rules of Advocacy for Lawyers (2005) in achieving this honor.

Publisher Chug Roberts commented, “I’m thrilled that the quality of our books continues to be validated by this group of very tough judges. We’ve always tried to create books that complement our courses and are truly useful to those trying to get something done at the federal level, and this recognition demonstrates that we’re succeeding.”

Common Sense Rules of Advocacy for Lawyers Congressional Deskbook Finalist, 2005	Congressional Deskbook Finalist, 2006	Testifying Before Congress Winner, 2011	A Better Congress Finalist, 2011

To see more information about TheCapitol.Net’s books, go to TCNBooks.com

TheCapitol.Net is a privately held, non-partisan publishing and training company based in Alexandria, VA. For over 30 years, TheCapitol.Net and its predecessor, Congressional Quarterly Executive Conferences, have been training professionals from government, military, business, and NGOs on the dynamics and operations of the legislative and executive branches and how to work with them.

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Under certain circumstances, congressional committee staff members may choose to depose potential witnesses and scheduled witnesses. The purpose of such depositions is to gather information in order to prepare for a hearing. This is more common in investigative hearings.

photo credit: Vincent van der Pas

Formal in nature, such questioning of a witness is the equivalent of taking testimony in private. The deposition may be administered under oath and may also include advanced written questions as well as a full transcript. In most instances, deposed witnesses will be accompanied by legal counsel.

Any witness that is called for a deposition should ensure they have a clear understanding regarding the purposes as well as the authority for the deposition. It is often a good idea to consult legal counsel to obtain advice regarding the substance and procedure of the deposition. This will also help to ensure that the constitutional rights of the witness are protected. The practices of committees regarding depositions can vary significantly.

Witnesses who are called to testify before a congressional committee should fully understand that they have basic rights and protections provided under the U.S. Constitution and to rights provided under rules that are adopted by the Senate and the House and their committees. Basic constitutional rights include First Amendment rights to free speech, assembly and petition; Fourth Amendment rights against unreasonable search and seizure to obtain documents or information; and Fifth Amendment rights against self-incrimination. This includes protection against being compelled to provide testimony against oneself that might be incriminating.

Under House and Senate rules, added protections include the right to legal counsel, the right to have counsel present to provide legal advice, the right to request that television cameras be turned off, and, in some cases, the right to refuse to be photographed. In certain circumstances, witnesses may also have the right to request that hearings be closed.

The protocol regarding the use of legal counsel during a hearing falls within the purview of each individual committee. As a result, witnesses who would like to bring legal counsel to a hearing should first consult with the relevant committee staff. In most cases, legal counsel is not necessary, but when an investigative hearing is involved and when a witness has been subpoenaed or requested to submit to a deposition, legal counsel is more frequently involved.

To learn more about preparing to testify before Congress, consider attending TheCapitol.Net’s workshop, Preparing and Delivering Congressional Testimony, also available for custom, on-site training.

Reference: Testifying Before Congress, by William LaForge, Section 2.50 Depositions Conducted by Committee Staff, Section 2.51 Testifying under Oath-Sworn and Unsworn Testimony, Section 2.52 Rights of a Witness.

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• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

When invited to testify before Congress, you might expect a formal hearing atmosphere. Most people are familiar with the traditional hearing format that involves a single committee conducting a formal hearing. However, there are several other hearing formats that are used by congressional committees.

photo credit: Chairman of the Joint Chiefs of Staff

One of the most often used non-traditional formats is the joint hearing. The joint hearing involves two or more committees or sub-committees that collaborate in conducting a hearing involving the same subject. This collaboration makes it possible to pool resources, interests and legislative powers. In most cases, a joint hearing takes place when two or more committees have either joint or sequential jurisdiction over a bill that has been introduced.

In some instances, a joint hearing might occur when the subject matter of a hearing falls under the purview of more than one committee. In this type of hearing, committee members sit together in a combined manner on the dais. Committee staff works together throughout the hearing. In essence, witnesses appear before multiple committees at once when presenting their testimony.

Some committees have also experimented with the use of high-tech hearings. Through such methods, witnesses from practically anywhere in the world can be connected to the committee room through the use of either audio or audio and video combined. The benefits of such a remote form of hearing include the alleviation of problems associated with cost and distance. In one instance, such a hearing involved the testimony of an astronaut who was in space at the time of the hearing.

Other congressional committees have also experimented with informal formats, including round tables. The Senate Foreign Relations Committee utilizes this type of format, holding round-table discussions with committee members and witnesses, or visitors, interspersed around the table to create a more casual environment. The Senate Finance Committee also used round table discussions while preparing for the 2009 debate on health-care reform. Such informal discussions made it possible for more witnesses to participate. The lack of formalities and adherence to time limits also made it possible for more discussion and dialogue to take place between committee members and witnesses. While such round table formats have been used only on a limited basis thus far, they may well be used more frequently in the future.

To learn more about testifying before Congress, consider attending TheCapitol.Net’s workshop Preparing and Delivering Congressional Testimony, also available for custom, on-site training.

Reference: Testifying Before Congress, by William LaForge, Section 2.114 Alterantives to Traditional Hearing Formats

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• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

Preparing to testify before Congress can require a significant amount of preparation on the part of the witness. When you are invited to testify before Congress, it is important to understand the advance preparations that must be made and the rules and requirements related to those preparations.

photo credit: Daquella manera

Committee rules and guidelines often require witnesses to submit a certain number of advance copies of the witness’s written statement along with their biographical information. In some cases other written materials regarding the witness’s organization or the topic of the hearing may also be requested in advance. Generally, this information must be submitted by a certain deadline, ranging from one to three days before the hearing. The actual deadline can vary based on the committee as well as the nature of the hearing. Guidelines are often established by committees regarding the number of copies that must be submitted and in some instances an executive summary may also be requested.

Such requests will usually be outlined by the committee in the letter of invitation issued to the witness. Written witness materials will then be included in the briefing folders or books that are prepared by committee staff specifically for the use of committee members before and during the actual hearing. Materials are often excerpted or summarized. Copies of witness materials are usually made available on the committee’s web site and provided to the media, congressional staff and the public during the hearing.

Prospective witnesses should consult with committee staff well in advance of the commencement of the hearing to be certain they are in compliance wit all committee rules, practices, policies and requirements. This is particularly important regarding the “Truth-In-Testimony” rules that apply, requiring specific information from witnesses. This can include not only advanced copies of testimony and biographical information, but also financial information regarding government contracts and grants as well.

To learn more about rules and practices regarding testifying before Congress, consider TheCapitol.Net’s course, Preparing and Delivering Congressional Testimony, which is also available as custom, on-site training.

Reference: Testifying Before Congress, by William LaForge, Section 2.7 Advanced Copies of Witness Statement

More

• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

Some of the most highly publicized Senate hearings are those held for the purpose of considering presidential nominations. These nominations may include cabinet positions and nominations for other executive branch political offices, federal judges and U.S. diplomatic posts.

photo credit: Harvard Law Record

Witnesses at nomination and confirmation hearings typically include the individual nominated as well as other individuals who may be in a position to provide relevant information regarding the credentials, experience, character, qualification and overall fitness for service of the individual nominated.

Confirmation hearings are conducted by committees of the Senate that come within the purview of their respective jurisdictions. For instance, Senate Armed Services Committee hearings would consider the nominations of individuals such as the Secretary of Defense while the Senate Energy and Natural Resources Committee would hold hearings to consider the nomination of individuals such as the Secretary of Energy.

The Senate Judiciary Committee is responsible for conducting hearings for the purpose of reviewing nominations of federal district and appellate court judges, and Supreme Court justices. Usually there is a large number of confirmation hearings held during the weeks and months immediately after a new president is inaugurated. Confirmation hearings may also be scheduled anytime a presidential nomination occurs. Senate confirmation hearings often result in a report to the full Senate to prepare for a floor vote.

While confirmation hearings may be conducted in a fairly routine manner that is not always the case. One of the highest-profile and most significant congressional hearings took place following the nomination of Judge Robert Bork by President Reagan to the United States Supreme Court in 1987. A huge battle between liberals and conservatives ensued, leading to millions of dollars being sent by both liberal and conservative activist groups. The Senate Judiciary Committee conducted twelve full days of hearings, with Judge Bork testifying during an unprecedented five days. Over the course of the hearing, one hundred witnesses appeared before the committee, either in support or opposition of the nomination. Ultimately, the Judiciary Committee voted against confirming Bork, however, it did not end there. Bork announced that he wished to proceed with a Senate floor vote; a vote that concluded 58-42 against the nomination.

To learn more about preparing to testify before Congress, consider attending TheCapitol.Net’s Preparing and Delivering Congressional Testimony, also available for custom, on-site training. To learn more about congressional hearings, see TheCapitol.Net’s 3-day Capitol Hill Workshop.

Reference: Testifying Before Congress, by William LaForge, Section 1.58 Senate advice and Consent, Section 1.87 Example of the Influence of Hearings on Committee Action, and Section 7.5 Committee Follow-up Activities and Responsibilities.

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• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

Although there are many different types of congressional hearings, some of the most well known and often discussed in the media are oversight and investigative hearings. Such hearings may be conducted whenever a committee chooses to do so, although they are often conducted in association with a public policy question or an accountability matter. Oversight hearings can also be combined with authorization or legislative hearings, particularly whenever there is a routine review of a federal program.

photo credit: somegeekintn

In many ways, the oversight function of Congress is like a quality control study. Oversight and investigative hearings can include periodic and selective reviews of federal agencies and departments as well as their policies, activities and programs. This especially relates to the way in which federal laws, programs and regulations are administered. Oversight hearings can focus on federal program quality.

The goal of an oversight hearing is typically to ensure that the agencies of the executive branch are administering federal programs in the way that Congress intended. Such hearings can also be used for the purpose of correcting behavior of the executive branch. Congress may utilize oversight hearings to enhance the effectiveness, responsiveness and efficiency of government operations and programs while also working to identify and eliminate fraud and abuse. Overall, oversight hearings form an effective tool for congressional committees to scrutinize the implementation of programs and laws by the executive branch.

The focus of investigative hearings usually involves the suspicion or the suggestion of wrongdoing within governmental ranks. In some cases, it can even involve possible allegations of a criminal nature. Investigative hearings are similar in many ways to other types of congressional hearings; however, a major difference involves the focus on wrongdoing or a breach of responsibility. Congress, as well as congressional committees, have quite a broad authority related to investigatory hearings. Problems that are uncovered during an investigative hearing can often lead to new legislation that may relate to federal funding or result in referral to a federal or state court.

Some of the most famous examples of congressional investigations include the Titanic investigation of 1912, the Teapot Dome scandal investigation, the Army-McCarthy Hearings in 1954, the Watergate investigation in the early 70s and the Iran-Contra investigation in 1987.

To learn more about preparing to testify before Congress, consider attending our workshop Preparing and Delivering Congressional Testimony, also available for custom, on-site training.

Reference: Testifying Before Congress, by William LaForge, Section 1.56 Oversight and Investigative Hearings.

More

• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

Different congressional committees within each chamber of Congress conduct most of the work on legislation, including the preparation that must occur on a bill leading to floor consideration.

photo credit: barbourians

Bills are referred to congressional committees for any needed further action. In the event a committee decides an issue or a bill has merit, it can send it to the full chamber. Bills can also die in committee. Committees determine whether an issue or bill has any possible life, including whether there will be further consideration of the matter.

The full scope of the legislative process is essentially linked to the congressional committee system. Members of a committee have the ability to review and dispose of proposals. Whenever a bill or issue is referred to a committee, that committee must decide whether they will devote necessary resources to advance the measure. If the decision is made to move ahead, the first step is often to conduct a congressional hearing.

If sufficient results are produced from the hearing phase, the committee may then choose to move to drafting and refining a bill–the markup phase. The bill is then recommended or reported to the full chamber. From that point, the measure will be taken up by the full Senate or House, and, if passed, will then be referred to the other chamber. A conference committee resolves any difference between the two versions produced by the two chambers before a final version will be put to a final vote in each chamber.

In the end, the committee hearing forms an initial staging ground for the development of most legislation. Through the gathering of information from witness testimony, committee members become educated regarding an issue and begin to formulate policy positions. As a result, committees form a critical dynamic within the legislative process. Of course, a measure is not required to be the subject of a hearing before it can be further considered by a committee or either chamber, but most important issues and measures do receive a full vetting through the committee hearings process before further action is taken.

To learn more about testifying before Congress, see TheCapitol.Net’s course Preparing and Delivering Congressional Testimony and its Capitol Learning Audio Course, Tips, Tactics & Techniques for Writing Congressional Testimony.

To learn more about the hearing process and the role it plays in the legislative process, see TheCapitol.Net’s 1-day course Congressional Dynamics and the Legislative Process, and the 3-day Capitol Hill Workshop.

Reference: Testifying Before Congress, by William LaForge, Section 1.40 Understanding the Congressional Committee System.

More

• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

The power to appoint all federal judges is shared by the president and the Senate. The legal framework for such appointments is established by provisions within the Constitution under Article II, Section 2, Clause 2.

photo credit: LithiumP4

Nominations for judicial appointments by the president are transmitted by message to the Senate. The message is read and the Senate executive clerk assigns a consecutive number to the message. In most instances, the Senate Judiciary Committee begins the consideration of a nomination by gathering more information about the individual nominated. The nomination of federal judges is subject to a committee hearing, during which the nominee and others testify.

Several options are available to the Judiciary Committee regarding the disposition of a nomination, and the Committee is not required to act upon nominations at all. In the event the Committee chooses to report a nomination, it can choose to do so favorably, unfavorably or without any recommendation.

The committee chair usually reports the nomination to the full Senate. The legislative clerk then notifies the executive clerk, who assigns the nomination a number and places it on the executive calendar of the Senate. When a nomination is considered by the full Senate, it is done in executive session, not a legislative session. The procedures utilized during an executive session are similar in nature to a legislative session. One exception is that floor consideration may not begin until a nomination has been placed on the calendar for a minimum of one day, except in the case of unanimous consent.

Only rarely does the Senate vote to reject a nomination. Unsuccessful nominations typically die from inaction. On occasion, a nomination may be sent back to the Committee for further consideration. Under Senate rules, pending nominations may be sent back to the president when the Senate recesses or adjourns for more than thirty days. The Senate retains the right to waive this rule by unanimous consent.

When a nominee is confirmed, the secretary of the Senate will attest to a “resolution of confirmation,” which is then sent to the White House. The president may also choose to withdraw a nomination at any time, which ends the nomination process.

To learn more about Congressional hearings, consider TheCapitol.Net’s 1-day course in Washington, DC: Congressional Dynamics and the Legislative Process; or the 3-day Capitol Hill Workshop.

Reference: Congressional Deskbook, by Michael L. Koempel and Judy Schneider, Section 10.80 Congress and the Executive: Appointments, and Section 10.81 Confirmation Procedure.

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Congressional Deskbook: The Practical and Comprehensive Guide to Congress, by Michael L. Koempel and Judy Schneider
• Testifying Before Congress, by William LaForge
• Supreme Court Nominations
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

As a prospective public witness testifying before Congress, it is essential to have a solid understanding of the Truth-In-Testimony rules that witnesses are required to comply with and the consequences that can result for failing to comply.

photo credit: einalem

To the greatest extent possible, witnesses who appear before each committee are required to submit written statements of their proposed testimony in advance. In addition, they are also required to limit their oral presentations to brief summaries. In the event a witness will appear before a committee in a nongovernmental capacity, a written statement of proposed testimony should include a curriculum vitae for the witness as well as a disclosure regarding the amount and the source of any Federal grants or contracts that have been received during that current fiscal year or either of the two prior fiscal years. This applies not only to the witness, but also to any organization represented by the witness.

The purpose of this rule is to provide committee members as well as the public and the media a more detailed context in which the testimony of the witness can be considered regarding their experience, education and the extent to which they or their organization have benefited from Federal contracts and grants.

The intention of this rule is not to require witnesses to disclose the amounts of Federal entitlements they might have received from sources such as Social Security, Medicare or income support payments. Farmers are also not required to disclose amounts they might have received regarding commodity or crop price support payments. Failure to fully comply with this requirement would not result in a point of order against the witness testifying. With that said, such failure to comply could result in an objection that could potentially include the testimony of the witness in the record of the hearing. This objection would take the place of a traditional disclosure.

The information provided by the witness to the committee prior to the hearing can be helpful to the committee during the preparation stage. A wealth of information is often included in a briefing book prepared by the committee staff. This information can include not only Truth-in-Testimony disclosures, but also other information such as witness background biographical information.

To learn more about preparing to testify before Congress, you might consider attending our workshop Preparing and Delivering Congressional Testimony, also available for custom, on-site training.

Reference: Testifying Before Congress, by William LaForge, Section 2.7 Special Rules Regarding Truth in Testimony

More

• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

In many instances, witnesses who testify before Congress were invited to do so. In other cases, witnesses have offered to testify. The other ways in which witnesses are selected to testify before Congress are by recommendation and under subpoena.

photo credit: bhanu.t

On occasion, congressional committees consider or request recommendations made by individuals and organizations in the public and private sectors. Committees are primarily interested in selecting witnesses that are able to provide unique or special knowledge, background, expertise or perspectives. Prior to actually inviting a witness to testify, the committee will occasionally cast a wide net to be certain they are selecting the most effective witnesses regarding the subject matter of the hearing.

Generally, the majority of witnesses who appear before a congressional hearing have been invited by the committee chair or sometimes by the ranking minority chair. Many witnesses who appear before a committee hearing have requested to testify and their appearance is considered to be both an opportunity and a privilege.

In some cases, a committee may believe a prospective witness is able to provide needed perspective on an issue but who might not agree to appear before the committee voluntarily. Committees may compel the appearance of witnesses through the issuance of a subpoena. The authority for the subpoena power in the House of Representatives is Rule XI, clause 2(m) and in the Senate, Rule XXVI, paragraph 1. Committees also have the power to subpoena records and documents that may be associated with any compelled testimony of a witness who has been subpoenaed.

The issuance of a subpoena requires either a majority approval by members of the committee or a decision of the chair, based on committee rules. For the most part, subpoenas are issued rarely and when they are issued they are typically associated with investigative hearings.

To learn more about testifying before Congress, see TheCapitol.Net’s course Preparing and Delivering Congressional Testimony and its Capitol Learning Audio Course, Tips, Tactics & Techniques for Writing Congressional Testimony.

Reference: Testifying Before Congress, by William LaForge, Sections 2.26-2.27 Selection of Witnesses

More

• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence