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.
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. 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.
Ad-hoc, caucus and shadow hearings Ad-hoc congressional hearings, which are held outside of the scope of any committee, may be called by any member of Congress to focus on any particular topic, and may be held inside a reserved congressional committee room (if available) or in the field. Ad-hoc hearings may be transcribed, but transcribed or submitted testimony from the ad-hoc hearing may be submitted into the congressional record by a committee member during a formal committee hearing. Shadow hearings, a type of ad-hoc hearing, are held by the minority party, usually minority members of a congressional committee, and often co-chaired by members from both houses of the same party, in the style of congressional hearings in order to promote the views of the minority party and highlight witness testimony which may not receive as favorable a reception in a formal congressional hearing of a sitting committee. A shadow hearing does not usually feature members from the majority party, including ranking members. A
steering or policy committee of a party caucus may also hold a shadow hearing. Caucus hearings, another type of ad-hoc hearing, are held under the branding of a
congressional caucus. Such is usually co-chaired by members of a caucus from both parties unless the caucus itself is a partisan-branded caucus. From the
104th to
109th Congresses, the Democratic minority held shadow hearings to highlight their inability to define the agendas of hearings under the Republican majority, and also held such hearings in the
112th and
119th Congresses, while Republicans held shadow hearings in the
111th Congress to protest the
Affordable Care Act. == Subpoenas and depositions ==