Testifying Before Congress
A Practical Guide to Preparing and Delivering Testimony before Congress and Congressional Hearings for Agencies, Associations, Corporations, Military, NGOs, and State and Local Officials

By William N. LaForge

Testifying Before Congress is the practical guide to assist witnesses and their organizations prepare and deliver Congressional testimony. For use by anyone or any organization called to testify before a committee of Congress, and for those who are providing assistance in preparing the testimony and the witness.

The Training Edition of Testifying Before Congress is included as part of the program materials in our public and custom Testifying Before Congressional Committees training programs. TheCapitol.Net has delivered custom, on-site testifying training for numerous clients. For more information about bringing this training to your organization, contact us for details: 202-678-1600, ext. 112.

 

2010, 450 pages Hardbound, $145 ISBN 10: 1587331721 ISBN 13: 978-1-58733-172-5 Dimensions: 7.2 x 10.2 x 1.3 Weight: 2.2 pounds Buy hardbound from TheCapitol.Net Buy hardbound from Bookshop Buy hardbound from Amazon   Buy hardbound from Barnes & Noble Softcover, $115 ISBN 10: 1587331632 ISBN 13: 978-1-58733-163-3 Dimensions: 7 x 10 x 1 Weight: 1.8 pounds Buy softcover from TheCapitol.Net Buy softcover from Bookshop Buy softcover from Amazon Buy softcover from Barnes & Noble   Available from your bookseller or online BISAC: POL006000 POLITICAL SCIENCE / American Government / Legislative Branch POL043000 POLITICAL SCIENCE / Political Process / Political Advocacy LAN026000 LANGUAGE ARTS & DISCIPLINES / Public Speaking

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2011 Benjamin Franklin Award Winner

 

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Table of Contents	The Author	Related Resources	Details	§ 3.52 Mark Twain on Copyright

As a practical guide to assist witnesses and their organizations in preparing and delivering Congressional testimony, Testifying Before Congress is designed for use by anyone or any organization called upon to testify before a committee of the United States Congress, and for those who are providing assistance in preparing the testimony and the witness. This book can serve as a guide through the unique maze of the Congressional hearings process for virtually any witness or organization, including especially federal departments and agencies, the federal judiciary, members and staff of the legislative branch itself, associations, corporations, the military service branches, non-governmental organizations (NGOs), private and voluntary organizations (PVOs), public interest entities, state and local governmental officials and institutions, and individuals who are chosen to appear as a witness before Congress for any reason on any topic.

Similarly, in the world of academics and scholarship, this reference work can be helpful to scholars and writers in think-tanks and research organizations, as well as to faculty, researchers and students engaged in the study of law, business, government, politics, political science and the legislative processes of government.

This book can also serve as a reliable reference source and helpful tool for law, lobbying, government relations, accounting, and other public policy-related service industry professionals who are involved with the Congressional hearings process on behalf of their clients', their customers' and their own public policy, legislative and government relations interests.

It is the purpose and intention of Testifying Before Congress to help demystify the Congressional hearings process, and to assist witnesses and their organizations to be well-prepared when appearing before a Congressional committee to testify.

This book is organized in such a way that it can be utilized as a ready-reference and easy-to-use guide section by section, or it can be used to obtain information and understanding about the various aspects of preparing and delivering Congressional testimony through a review of the book in its entirety or its individual chapters. As a desk reference, the treatise lays out for the reader's use and guidance the various processes and stages of proper hearing, witness and statement preparation, as well as the best practices involved in delivering testimony and answering committee questions.

The principles in this book may also be used by those preparing for hearings before federal agencies and international tribunals, as well as state and local governmental bodies. However, the major thrust of this work focuses on the distinct Congressional hearing process and its major elements.

Adapted from the Introduction

Summary of Contents
 

Acknowledgements
About the Author
Introduction

Ch. 1. The Context for Congressional Hearings and Testimony

Ch. 2. Congressional Hearing Organization, Planning and Preparation

Ch. 3. Preparation of Written Testimony

Ch. 4. Preparation of the Witness

Ch. 5. Presentation and Delivery of Oral Testimony

Ch. 6. Responding to Committee Questions

Ch. 7. Post-Hearing Activities and Follow-Up

Appendices
Index

Table of Contents

Acknowledgments
About the Author
Introduction

Chapter 1: The Context for Congressional Hearings and Testimony
1.0  Introduction and Overview: The Authority and Foundation for Testimony before Congress and Congressional Committee Hearings
1.1  What is a Hearing?
1.2  Source of Committee Rules
1.3  Official Rules of the United States Senate and the United States House of Representatives
1.4  Congressional Committee Web Sites that Include Hearing Guidelines
1.5  Congressional Hearing Information Sources: Web Sites and Links
1.6  Access to Congressional Committee Hearing Transcripts
1.10  Congressional Hearings Process in a Nutshell
1.20  The Use, Importance, and Value of Congressional Hearings
1.21  Testimonial of a Senate Committee Staff Director on the Value of Congressional Hearings and the Importance of a Witness's Role
1.22  Contrary Perspectives on the Value of Hearings
1.30  The Dynamics and Environment of Congressional Hearings
1.31  Making the Record
1.32  Partisanship and Political Analysis: Where Policy and Politics Converge
1.40  Understanding the Congressional Committee System: The Hearing as a Vital Step in the Legislative Process
1.50  The Purposes and Types of Congressional Hearings
1.51  Legislative Hearings
1.52  Sample Notification of a Legislative Hearing
1.53  Budget and Appropriations Hearings
1.54  Sample of Appropriations Committee Hearing Notice
1.55  Sample Appropriations Hearing Transcript
1.56  Oversight and Investigative Hearings
1.57  Sample Oversight Hearing Transcript: Opening Sections of House Oversight and Government Reform Committee Hearing on Treatment of U.S. Troops at Walter Reed Hospital and Other Medical Facilities
1.58  Senate Advice and Consent: Hearings to Consider Nominations, Confirmations, and Treaties
1.59  Sample Confirmation Hearing Opening Statement: Opening Segment of Senate Judiciary Committee's Hearing on the Nomination of Judge John Roberts to Become Chief Justice of the United States
1.60  Field Hearings
1.61  Sample of a Field Hearing Announcement
1.62  Example of a Field Hearing Transcript and Proceedings
1.63  Showcasing, Publicity, Celebrity, and Grandstanding Hearings
1.64  Sample Celebrity Testimony: Michael J. Fox's Testimony before the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies in 1999 on the Need for Additional Federal Research Funding for Parkinson's Disease
1.65  Public or Open Hearings and Closed or Classified Hearings
1.66  Sample of Open and Closed Hearings: Notices from the Senate Armed Services Committee
1.70  The Psychology and Culture of Congressional Hearings: Mission, Education, Information, and Advocacy
1.80  Results and Outcomes of Hearings: Legislative and Regulatory Actions and Remedies
1.81  Published for Public Record
1.82  Committee Hearing Transcripts as Published Documents for the Committee and Public Record
1.83  Education and Information
1.84  Public Policy Advocacy and Debate
1.85  Example of a High-Profile Hearing: The Senate Watergate Hearings that Led to the Resignation of a President
1.86  Influence on Legislation and Other Committee Action
1.87  Example of the Influence of Hearings on Committee Action: The Senate Judiciary Committee Supreme Court Confirmation Hearings that Led to the Defeat of Judge Robert Bork
1.88  Influence and Pressure on the Executive Branch and Federal Regulatory Process
1.89  Example of a Congressional Hearing concerning Executive Branch Agency Activities: Opening Statement of OSHA Hearing
1.90  Influence on Public Knowledge and Actions of Public and Non-Governmental Entities
1.91  Example of Congressional Hearing on Public and Non-Governmental Entities: Press Coverage of Red Cross Financial Hearings of 2001
1.92  Example of Congressional Hearing on Public and Non-Governmental Entities: The Use of Steroids in Major League Baseball
1.100  HITS: Humor in Testimony-Casey Stengel
1.999  Chapter Summary

Chapter 2: Congressional Hearing Organization, Planning, and Preparation
2.0  Introduction: The Committee Agenda
2.1  Organization, Planning, and Preparation by the Committee
2.2  Organization, Planning, and Preparation by the Witness or Organization
2.3  Committee Rules, Policies, and Guidelines
2.4  Selected Excerpts Pertaining to Committee Hearings from Rule XI of the Rules of the House of Representatives-Procedures of Committees and Unfinished Business
2.5  Selected Excerpts Pertaining to Committee Hearings from Rule XXVI of the Standing Rules of the Senate-Committee Procedure
2.6  Sample of Committee Rules, Directives, and Guidelines
2.7  Advanced Copies of Witness Statement or Written Testimony, Biographical, and Other Information-Special Rules Regarding Truth in Testimony
2.8  Committee Preparation of Hearing Documents-Briefing Materials
2.9  Notice of Committee Hearing
2.10  Congressional Hearing Room Layout and Logistics-The "Playing Field," Forum, and Venue
2.11  Congressional Committee Hearing Room Locations
2.12  Diagram of a Typical Committee Hearing Room Floor Plan
2.13  Testimonial of a Congressional Expert on the Importance of Proper Hearing Organization, Preparation, and Planning
2.14  The Essential Elements of an Effective and Successful Hearing
2.15  The Committee's Perspective on What Constitutes an Effective and Successful Hearing
2.16  The Witness's Perspective on What Constitutes an Effective and Successful Hearing
2.17  Threshold Questions for a Witness to Consider in Preparation for a Hearing
2.18  The Essential Elements of Effective Congressional Testimony
2.19  The Committee's Perspective on Effective Congressional Testimony
2.20  The Witness's Perspective on Effective Congressional Testimony
2.21  Selection of Witnesses: How to Get Invited to Testify
2.22  Committee Invitation to Testify
2.23  Sample of Committee Letter of Invitation to Testify
2.24  Invitation to Testify by Virtue of Institutional Role
2.25  Invitation to Testify by Request
2.26  Invitation to Testify by Recommendation
2.27  Requirement to Testify under Subpoena
2.30  Who Should Testify?
2.31  Federal Executive, Legislative, and Judicial Branch Officials
2.32  Corporate, Business, and Association Representatives
2.33  Nonprofit, Non-Governmental (NGO), Private and Voluntary (PVO), Public Interest and Advocacy Organizations, and Coalitions
2.34  State and Local Government Officials
2.35  Citizens, Federal Program Participants, and End-Users
2.36  Government and Private Sector Experts and Research Organizations
2.37  Witnesses Representing Special Geographic, State, and Congressional District Concerns and Perspectives
2.38  Use of Celebrity Witnesses
2.39  Testifying as a Result of a Committee Subpoena
2.40  Sample of Use of Subpoena to Ensure Appearance of a Witness
2.50  Depositions Conducted by Committee Staff
2.51  Testifying under Oath-Sworn and Unsworn Testimony
2.52  Rights of a Witness
2.53  A Witness's Right to Legal Counsel
2.60  Congressional Hearing Participants: The "Players"
2.61  Committee Chair
2.62  Ranking Minority Member
2.63  Congressional Committee Members
2.64  Congressional Committee Professional Staff
2.65  Non-Committee Members and Personal Staff
2.66  Witnesses
2.67  Witness Support Teams
2.68  Federal Departments and Agencies
2.69  The Media
2.70  Interest Groups, Nonprofits, Non-Governmental Organizations (NGOs), Private and Voluntary Organizations (PVOs), and Other Stakeholders
2.71  The General Public and the Audience
2.72  Official Hearing Reporter and Other Official and Administrative Personnel
2.80  The Targeted Audiences of a Witness's Testimony
2.90  Regular Order and Format of Proceedings: The Normal Procedural Conduct of a Hearing
2.91  Role of the Chair
2.92  Opening Statements by Committee Members
2.93  Introduction and Order of Witnesses: Format for Witness Testimony
2.94  Use of Witness Panels
2.95  Oral Testimony by Witnesses
2.96  Time Limits for Oral Testimony
2.97  Committee Members' Questions and Witnesses' Responses
2.98  Order of Questioning of Witnesses
2.99  Open and Closed Hearings
2.100  Participation by Non-Committee Members of Congress and Committee Staff
2.101  Committee Hearing Conclusion and Wrap-Up
2.102  Committee Post-Hearing Follow-up and Expectations
2.110  Sample Hearing Agenda
2.111  Prepared Questions for Committee Chair and Members
2.112  Scheduling and Timing of Hearings
2.113  Sample Hearing Schedule
2.114  Alternatives to Traditional Hearing Formats
2.115  Committee Quorum Requirements
2.116  Outside Witness Statements-Written Statements for the Record
2.117  Sample of Committee Guidelines Regarding Outside Witness Statements
2.118  Forms of Address-Use of Titles for Committee Members and Staff
2.119  Behavior and Decorum in a Committee Hearing
2.120  HITS: Humor in Testimony-H. Ross Perot
2.999  Chapter Summary

Chapter 3: Preparation of Written Testimony
3.0  Introduction and Overview
3.1  Congressional Committee Staff Perspective on the Importance of Drafting an Effective, Informative, and Compelling Witness Statement
3.2  Written Goal Statement and Thesis: Getting Started with the Basic Theme
3.3  Sample Goal Statement, Thesis, and Theme
3.4  Methodology and Approach: Managing the Preparation Stage
3.5  Liaison with Committee Staff: Building a Good Working Relationship
3.6  Adherence to Committee Instructions, Rules, Format, Expectations, and Culture
3.7  Research and Sources of Information
3.8  Issue Analysis and Topic Outline
3.9  Political Analysis and Landscape
3.10  Issue Context and Stakeholders
3.11  Opposition Research
3.12  Analysis and Targeting of the Committee and Audiences
3.13  Important Documents: Drafting the Statement and Making the Record-A "Road Map"
3.14  Basic Script: The Essence of the Witness Statement's Case and Content
3.15  The "White Paper": The Complete Case Supporting the Witness Statement and Its Message
3.16  Executive Summary and the Famous One-Pager
3.17  Formal Statement for the Record: The Final Product
3.18  Narrative, Outline, or Notes Used for Oral Presentation
3.19  The Briefing Book
3.20  Background Information for Congressional Committees and Staff
3.21  Media Advisories, Press Kits, Backgrounders, and Releases
3.22  FAQs and Question Modules
3.23  Special Considerations Regarding Executive and Judicial Branch Testimony
3.24  Special Considerations Regarding Federal Legislative Branch Testimony
3.25  Visual and Stylistic Layout for Statements
3.26  Key Stylistic Elements
3.27  Written Testimony Components: Manuscript Format, Layout, and Content
3.28  Use of Graphics and Visuals
3.29  Samples of Written Statements
3.30  Statement Prepared for House Judiciary Subcommittee on Courts and Intellectual Property in Opposition to the Split of the 9th Circuit Court of Appeals
3.31  Statement Prepared for House Appropriations Subcommittee on Transportation in Support of Federal Funding for Clean Air Research
3.32  Statement Prepared for Senate Appropriations Subcommittee on Agriculture, Rural Development, and Related Agencies in Support of Federal Funding for Turfgrass Research
3.33  Statement Prepared for Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies in Support of Hospital Funding
3.34  Sample of Oral Statement-Written Document Used as Reference to Deliver Oral Testimony
3.35  Written vs. Oral Testimony: When Written Witness Statements Suffice
3.36  Purpose of Written-Only Witness Statements
3.37  Compliance Deadlines
3.38  Sample of Congressional Committee Instructions for Providing Written Testimony
3.39  Purposes of Oral Statements and Witness Testimony
3.40  Building the Case and Developing the Argument
3.41  Committee Advocacy: Education, Persuasion, and Argumentation
3.42  Explanation of Issues, Facts, and Remedies Sought
3.43  Witness Standing and Credibility
3.44  Importance of Succinct Position Outline
3.45  Public Policy Rationale, Support, and Reasoning
3.46  Framing the Issue
3.47  Distinguishing from Opposition Position: Comparing, Contrasting, and Categorizing
3.48  "Playing" to the Committee Audience and Connecting to Members' Interests
3.49  Dissecting Written Witness Testimony or Statements in a Nutshell-The Essential Written Components and Documents in Developing a Statement
3.50  The Essential Formatting and Layout Components in Developing a Statement
3.51  The Essential Methods for Building the Case and Developing the Argument
3.52  HITS: Humor in Testimony--Mark Twain
3.999  Chapter Summary

Chapter 4: Preparation of the Witness
4.0  Introduction and Overview
4.1  The Importance and Value of Witness Preparation
4.2  Testimonials of Two Congressional Experts on the Importance of Preparing a Witness to Testify before a Congressional Committee
4.3  How to Be an Effective Witness: A Start-Up Checklist
4.4  What to Expect as a Witness
4.5  Tips for First-Time Witnesses
4.6  Threshold Questions for a Witness to Consider in Preparation for a Hearing
4.7  Witness Preparation Team Meeting and Organization
4.8  Briefing the Witness
4.9  Witness Familiarization with the Hearing Issue and Subject Matter of the Testimony
4.10  Witness Review and Study of Prepared Written Materials
4.11  Preparation and Use of Oral Statement Script or Outline
4.12  Tips for Visual Layout of Oral Statement Used in Testifying before a Congressional Committee
4.13  Delivering the Oral Statement: To Read or Not to Read
4.14  Focusing the Witness on Targeted Audiences
4.15  Witness Rehearsal of Oral Testimony and Answers to Questions
4.16  Hearing Simulation or Mock Hearing
4.17  Sample of Simulated Hearing Exercise Outline
4.18  Practice "Runs" and Live Peer Review
4.19  "Murder Boards" and Question-and-Answer "Dry Runs"
4.20  Videotaped and Critiqued Drills
4.21  Relying on the Oral Statement Script to Deliver Testimony
4.22  Operating within Time Limits and Effective Use of the Clock
4.23  Operating with the Use of a Briefing Book
4.24  Use of Graphics and Visuals
4.25  Speaking Style, Demeanor, and Format
4.26  Preparation and Rehearsal by Federal Government Departments and Agencies
4.27  Example of Federal Agency Congressional Committee Hearing Preparation and Rehearsal Approaches and Methods-National Aeronautics and Space Administration (NASA) Approach to Preparation
4.28  United States Agency for International Development (USAID) Preparation of Testimony and Witnesses
4.29  Internal Revenue Service (IRS) Preparation of Testimony and Witnesses
4.30  Bonneville Power Administration (BPA) Preparation for Congressional Hearings
4.31  National Science Foundation (NSF) Witness Preparation
4.32  Witness Rehearsal of Oral Testimony and Answers to Questions-Preparation and Rehearsal by Trade Associations
4.33  Preparation and Rehearsal by Business and Corporate Offices
4.34  Preparation and Rehearsal by Nonprofit, Non-Governmental (NGOs), Private and Voluntary (PVOs), and Public Interest Organizations
4.35  Pre-Hearing Adjustments to Statements and Presentation
4.36  Witness Support: Use of Briefing Staff or Team
4.37  Rehearsing the Use of a Microphone
4.38  The Day of the Hearing: Thinking and Planning Ahead
4.39  What a Witness Should Expect and Assess at the Hearing
4.40  Special Considerations Regarding Executive, Judicial, and Legislative Branch Witnesses
4.41  Witness Contact with the Media
4.42  The Witness's Personal Appearance, Attire, and Demeanor: Looking and Acting the Part
4.43  Helpful Tips for Preparation and Briefing Teams
4.44  Witness Preparation Checklist: Keeping the Important Things in Mind
4.45  Recommended General Approaches to Preparation for the Question-and-Answer Phase
4.46  Follow the Rules and Be Prepared
4.47  HITS: Humor in Testimony-Mock Hearing on UFOs
4.999  Chapter Summary

Chapter 5: Presentation and Delivery of Oral Testimony
5.0  Introduction and Overview: Welcome to the "Show"
5.1  Substance versus Theatre
5.2  The Value, Importance, and Delivery of Effective and Powerful Oral Testimony: Tips from Two Seasoned Veterans
5.3 The Role of the Witness
5.4  The Role of the Committee Hearing
5.5  Making the Most of Witness Preparation
5.6  Going Up in the Stands: The Thirty-Thousand Foot Perspective-Keeping It All in Context
5.7  Getting Down to Basics and Details
5.8  Replicating the Witness's Best Rehearsal
5.9  Relying on Preparation, Best Instincts, and Good Communications Skills
5.10  Getting a Handle on the Hearing Room Environment
5.11  Recognizing and Understanding Partisanship
5.20  Just before the Hearing
5.21  At the Hearing Table
5.22  Effective Use of a Microphone
5.30  Organization and Use of Written Text to Deliver the Oral Testimony
5.31  Delivering the Goods-Presenting Effective Oral Testimony
5.32  Sample of Oral Testimony Format Outline
5.33  Organization and Use of Prepared Written Support Materials
5.34  Keeping Notes and Score on a Writing Pad
5.35  Utilizing a Briefing or Support Team
5.36  Establishing the Witness's Own Comfort Zone
5.37  Demonstrate a Commanding Presentation Style and Demeanor
5.38  Nailing the Introduction and Setting the Tone
5.39  Submitting the Written Statement for the Record
5.40  Sticking to the Script in Delivering Testimony
5.41  Speak to the Committee Members-Don't Read to Them
5.42  Focus on the Primary Targeted Audience-the Committee
5.43  Make a Personal Connection with the Committee
5.44  Importance of Voice Variation, Inflection, Projection, Clarity, Quality, Tone, and Tenor
5.45  Importance of Eye Contact, Body Language, and the Use of Gestures
5.50  Presentation Format and Order
5.51  Opening with Self-Introduction by Witness and Summary of Issue Position and Hearing Topic
5.52  Presenting Major Thematic Statement and Layout of Case
5.53  Making the Basic Case and Outlining the Main Messages
5.54  Providing Supporting Data, Rationale, Analyses, Studies and Research Results, Evidence, Explanations, Anecdotes, Examples, Vignettes, Corroboration, Quotes, Cases-in-Point, Best and Worse Case Scenarios, Comparisons, and Contrasts
5.55  Highlighting Recommendations, Requested Remedies, and Calls to Action
5.56  Projecting Outcomes, Expectations, and Alternatives
5.57  Summarizing-Restatement of Case and Position
5.58  Winding Up: The Grand Conclusion
5.59  Inviting Questions from the Committee
5.60  Examples of Presentation Format and Order: The Anatomy of an Oral Witness Statement
   1) Testimony of Ted Danson
   2) Testimony of Philippe Cousteau
   3) Testimony of Honorable Thomas Graham
   4) Testimony of Dr. Keith B. Payne
5.70  Effective Use of Visual Aids, Charts, and Graphics
5.71  Sample of Design and Use Guidelines to Ensure Visual Aids Have Their Desired Impact
5.72  Don't Leave an Elephant in the Room or Money on the Table
5.73  The Top Twenty Tips of the Trade for the Delivery of Oral Testimony by a Witness
5.74  Characteristics of Effective, Well-Delivered Testimony
5.75  HITS: Humor in Testimony-John Boehner's April Fool's Day Parody Testimony
5.999  Chapter Summary

Chapter 6: Responding to Committee Questions
6.0  Introduction and Overview
6.1  Importance of Answering Committee Questions in an Effective and Responsive Manner: Perspectives of a Congressional Expert
6.2  Questions and Answers from a Committee's Perspective
6.3  Questions and Answers from a Witness's Perspective
6.4  It's All about Being Responsive
6.5  Segue from Testimony
6.6  Role, Format, and Dynamics of a Congressional Committee in Asking Questions
6.7  Role of the Witness in Answering Questions
6.10  Scope of Subject Matter for Congressional Hearings: To Answer or Not
6.11  Anticipating Questions: Being Prepared
6.12  Friendly and "Softball" Questions
6.13  Unfriendly and Hostile Questions
6.14  Pre-Scripted and "Planted" Questions
6.15  Samples of Pre-Scripted or "Planted" Questions
6.20  The Sources of Committee Hearing Questions
6.21  Preparing Answers in Advance to Expected or Anticipated Questions
6.22  Anatomy of the Ideal Answer: Techniques on How to Answer Questions Effectively
6.23  Use of Question-and-Answer Phase to Underscore Testimony: Strategies for Boosting Answer Content and Approach
6.24  Witness Panels: Interaction and Dynamics
6.25  Dealing with Partisanship and Political or Policy Agendas
6.30  Handling Questions and Answers: Points to Remember
6.31  Mistakes to Avoid: Witness "Don'ts" in Responding to Committee
6.32  Sticking to the Script in Response to Committee Questions
6.33  Focusing on the Questioner during Questions and Answers
6.34  Witness Use of a Briefing Book to Answer Committee Questions
6.35  Witness Use of Answer Modules and FAQs in Responding to Committee Questions
6.36  Witness Use of Briefing or Support Team
6.40  Witness's Use of Legal Counsel during Questions and Answers
6.41  Use of Note Pad during Questions and Answers
6.42  Top 25 Tips, Techniques, and Tactics for a Witness in Answering Committee Questions
6.43  Expressions that Take the Edge Off an Answer in Disagreement
6.44  A Note on Candor and Transparency
6.45  Answers, Responses, and Information to be Provided for the Record by a Witness
6.46  Sample Answers for the Record Provided after a Hearing
6.47  Helpful Hints for a Witness
6.48  Sample Question-and-Answer Dialogues: The Anatomy of an Effective Response
  1)  House Committee on Natural Resources on the subject of "Offshore Drilling: Environmental and Commercial Perspectives," involving exchanges between Chairman Nick Rahall (D-WV) and two witnesses, Ted Danson and Philippe Cousteau
  2)  House Committee on Natural Resources on the subject of "Offshore Drilling: Environmental and Commercial Perspectives," involving exchanges between Representative Niki Tsongas (D-MA) and two witnesses, Ted Danson and Philippe Cousteau
  3)  House Foreign Affairs Committee on the subject of "The July Summit and Beyond: Prospects for U.S.-Russia Nuclear Arms Reductions," involving exchanges between Chairman Howard Berman (D-CA) and three witnesses, Honorable William Perry, Dr. Keith Payne, and Honorable Thomas Graham, Jr.
  4)  House Foreign Affairs Committee on the subject of "The July Summit and Beyond: Prospects for U.S.-Russia Nuclear Arms Reductions," involving exchanges between Representative Dana Rohrabacher (R-CA) and three witnesses, Honorable William Perry, Dr. Keith Payne, and Honorable Thomas Graham, Jr.
6.50  HITS: Humor in Testimony--Federal Reserve Chairman Ben Bernanke
6.999  Chapter Summary

Chapter 7: Post-Hearing Activities and Follow-Up
7.0  Introduction and Summary
7.1  Perspectives of a Former Congressional Committee Staff Director on the Importance of Timely and Effective Post-Hearing Follow-up
7.2  Committee Follow-Up Activities and Responsibilities
7.3  Preparation of Post-Hearing Documents
7.4  Preparation of Follow-Up Written Questions for Witnesses
7.5  Special Follow-Up and Actions Based on Type of Committee Hearing
7.6  Administrative Matters
7.7  Review and Editing of the Hearings Transcript
7.8  Printing and Publishing of Congressional Hearings Transcripts
7.9  Keeping the Committee Hearing Record Open
7.10  Committee Requests for Assistance from a Witness and Other Action Items
7.20  Follow-Up Activities and Responsibilities of a Witness
7.21  Witness Communications with Committee Staff
7.22  Written Committee Questions for a Witness
7.23  Responses to Unanswered or Partially Answered Questions during the Hearing
7.24  Responses to Committee Requests for Information and Assistance from Witnesses
7.25  Documents, Information, and Assistance Offered or Promised to a Committee by a Witness
7.26  A Witness's Review and Editing of Hearings Transcripts
7.27  A Witness's Use of Hearings Transcripts
7.40  HITS: Humor in Testimony-"Agency vs. Committee"
7.999  Chapter Summary

Back of the Book

Appendix One
Useful Web Sites
1) Congressional Hearing Rules and Guidelines
2) Transcripts and Records of Congressional Hearings
3) Congressional Hearing Information and Records
4) Training

Appendix Two
Congressional Committees and Contact Information

Appendix Three
How to Find Congressional Committee Hearing Schedules

Appendix Four
Live Broadcast Coverage of Congressional Committee Hearings

Appendix Five
Webcasts and Videotaped Congressional Committee Hearings

Appendix Six
Samples of Congressional Committee Hearing Written Testimony

Appendix Seven
Samples of Transcripts of Congressional Committee Hearing Oral Testimony

Appendix Eight
Samples of Transcripts of Congressional Committee Hearing Questions and Answers

Appendix Nine
FAQs (Frequently Asked Questions)

Appendix Ten
Contact Information Regarding Questions about Congressional Committee Hearings, Testimony, and Witnesses

Appendix Eleven
Sample Cover Page and Excerpts of Printed Congressional Committee Hearing Transcript

Appendix Twelve
Selected Bibliography and Suggested Reading

Appendix Thirteen
Further Contact Regarding Testifying Before Congress and Keeping Up-To-Date

Index
 

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Rave Reviews

"Previous victims of the congressional hearing root canal will ask themselves, 'Where was this invaluable book when I needed it?'"
-- Mitch Daniels, Governor, Indiana

"Testifying before Congress isn't a fair fight, and there are few rules to protect you. Bill LaForge has packed years of experience, seeing congressional hearings done well and done very badly, into this practical book, Testifying Before Congress.

If you are a corporate leader summoned to testify before Congress and you want to survive what could be one of the most horrible, and dangerous, experiences of your career, you must read this extremely valuable book. If you are a lobbyist or government affairs professional advising a client who will be testifying before a congressional committee, you must give them this book before they dig whatever hole they are in even deeper.

If you want to make the fight fair, prepare yourself and read this book."
-- Charlie Cook, Editor and Publisher of The Cook Political Report, Political Analyst for the National Journal Group

"Bill LaForge has written a thoughtful guide for those who are called to testify before the House or Senate. His insights are right on target."
-- Thad Cochran, United States Senate

"Testifying before Congress is a critical opportunity to tell your organization's story, but to do it effectively, it pays to have the advice of an old pro. Bill LaForge's excellent how-to guide to the hearings process and preparation of witnesses is a 'must-read' for any executive called to testify on Capitol Hill."
-- Susan Neely, President & CEO, American Beverage Association
 

"The perfect resource for anyone who wants to understand the congressional hearings process or who is preparing to testify before Congress. This book opens the door to the world of congressional hearings, and lays out a path to excellence for witnesses testifying on Capitol Hill."
-- Charles A. Bowsher, Comptroller General of the United States (Retired)
 

"Being called to testify on Capitol Hill can be a career high point or a disaster. Whether your organization is a not-for-profit or a Fortune 100 company, you will want this practical guide at the ready when you face one of the most important moments in the life of a citizen."
-- Dan Perry, President & CEO, Alliance for Aging Research
 

"A gold mine for anyone engaging in the congressional hearings process."
-- Richard E. Wiley, Managing Partner, Wiley Rein LLP
 

"Testifying before congress is a new but increasingly necessary experience for most business leaders. Testifying Before Congress is a practical and comprehensive how-to guide that should be required reading before your first experience on the 'hot seat' in front of a congressional committee."
-- Chad Holliday, Chairman, Bank of America
 

"Testifying Before Congress is the bible for anyone engaging in the congressional hearings process and the preeminent guide for any witness preparing to testify before Congress. This deskbook 'picks the lock' of the congressional hearings process and the preparation of witnesses. Everything you want to know to prepare your client or the head of a federal agency to testify before Congress is thoroughly discussed in this exceptional guidebook. This informative 'how-to' guide should be required reading for every new congressional staffer and for the congressional relations staff of every federal department and agency.

Bill LaForge's book is a very useful, one-of-a-kind, comprehensive treatise that provides an excellent road map. Private and government practitioners -- and their clients -- will be well-served by consulting this valuable guide before going to testify on Capitol Hill."
-- Lawrence Baca, President, Federal Bar Association, and Deputy Director of the Office of Tribal Justice in the Department of Justice (Retired)
 

"This insightful and instructive treatise is ideal for mayors and other municipal officials who deal with the U.S. Congress and its committees, and it provides excellent background and preparatory guidance for those testifying or preparing witnesses for testimony before Congress."
-- Susan Narvaiz, Mayor, City of San Marcos, Texas
 

"I wish I had a book like Bill LaForge has produced when I first testified before Congress. The year was 1958; I was testifying on behalf of the Methodist Student Movement; and Bill was still in short pants. Now LaForge is sharing his years of experience with us, and he has turned out a unique manual for anyone who wants to, or must, appear before a congressional committee, from ordinary citizen to experienced advocate. This book can become for congressional testimony what Robert's Rules of Order has become for legislative procedure."
-- Richard F. Celeste, President, Colorado College; Former Governor of Ohio, Peace Corps Director, and Ambassador to India
 

"Testifying Before Congress is a superlative work. The book has the depth of background and the precision of practicality to make it a helpful treatise for the practitioner as well as a thoughtful textbook for use by professors in classes on Public Policy or Congressional Oversight. It should be on the bookshelf of anyone who follows the business of Congress."
-- Jim Rosenblatt, Dean, Mississippi College School of Law
 

"An invaluable and comprehensive resource for law school faculty, students, and researchers interested in gaining an in depth understanding of how congressional committees organize hearings and how witnesses prepare for testimony."
-- Judith Areen, Paul Regis Dean Professor of Law and Dean Emeritus, Georgetown Law
 

"The ideal 'one-stop-shopping,' easy-to-use reference for any witness preparing to testify before Congress. For example, Chapter Four focuses on the details of preparing the witness to testify. It discusses in practical detail the use of prepared materials and witness preparation, including making certain the witness knows what to expect. Every corporate and association executive should have this valuable resource tool available before venturing into the congressional hearings process."
-- Larry D. Thompson, Senior Vice-President for Government Affairs and General Counsel, PepsiCo; former Deputy Attorney General of the United States
 

"The congressional hearings process with its tough questions, full media coverage and complicated array of participants has become a bewildering spectacle. In this book, Bill LaForge draws on his experience as a congressional staff member as well as a lobbyist to bring coherence to the process and much needed advice for those charged with providing testimony. He sets these hearings nicely within the legislative process to highlight their importance for the development of public policy. He is an excellent coach for witnesses in preparing effective testimony, delivering it successfully and responding to difficult questions.

His experience as an adjunct professor in the School of Business at The George Washington University has broadened the targeted audiences to include faculty and students involved in courses in the American legislative process, business and government relations and business representation and lobbying. Both practitioners and academics will find this book enlightening.

It is an enjoyable read as LaForge includes examples throughout to bring the Congressional Committee rooms to life with conflicting interests often waging heated battles in shaping public policy."
-- D. Jeffrey Lenn, Associate Vice President for Academic Operations and Professor of Strategic Management & Public Policy, The George Washington University
 

"Testifying Before Congress should be on the desk of every government relations professional in the corporate, association, agency and private firm arenas."
-- Jack Gerard, President and CEO, American Petroleum Institute (API)
 

"This is a time when the interest in understanding the workings of Congress is particularly acute. For those of us who have spent time in the halls of the House and Senate and now have an interest in helping others understand how these institutions function, their relationship to the other branches of government and the changing patterns of power, this book could not come at a better time. Bill LaForge has given us a new tool to use in helping students truly understand the greatest deliberative body in the world."
-- Sheila Burke, Kennedy School of Government, Harvard University
 

"Bill LaForge has written an important treatise on congressional investigations and the legislative process. It blends a thorough understanding of the purpose of congressional investigations in gathering and evaluating information on a wide range of issues with an informative and practical guide to the preparation for and participation in the hearing process. With its step by step approach to dealing with the preliminary fact finding process, the Committee hearing and the legislative report, including the nuances of an uneven playing field, it is must reading for lawyers and witnesses involved in this critical governmental function."
-- Mark H. Tuohey III, Partner, Brown Rudnick
 

"I wish I had this book before I testified in front of a Senate committee examining eye safety and computer use. I sat at a table with two academicians and peered at a group of Senators sitting above us - quite an intimidating experience. What you see on the evening news or C-SPAN doesn't reflect the reality of testifying before Congress. As physicians we were prepared with the facts but totally unprepared for dealing with the process. A must reference for associations or NGOs!"
-- William L. Rich III, MD, FACS, Medical Director of Health Policy, American Academy of Ophthalmology
 

"Testifying Before Congress is the best 'how to' resource that I have seen -- it is well-researched, experience-based, and thoughtfully written, with a dash of humor added for good measure."
-- Samuel M. Davis, Dean of the School of Law, The University of Mississippi
 

"For anyone or any group delivering testimony to Congress, Bill LaForge's book should serve as the bible for preparation and delivery of the message. It is a must for those who approach this sometimes intimidating experience."
-- David Pryor, Former U.S. Senator (D-AR), Dean of The University of Arkansas Clinton School of Public Service and Director of The Institute of Politics, Harvard University
 

"Bill LaForge has penned the definitive treatise on the preparation and delivery of congressional testimony, and a valuable resource for scholars, researchers and staffers. Packed with how-to insight, it's leavened with humor."
-- Charles Babington, Congressional Reporter, The Associated Press
 

"Testifying Before Congress captures the magic formula for successful advocacy inside the Beltway. Bill LaForge provides a masterful road map to help you navigate the congressional testifying process and identifies every opportunity to make concise and compelling arguments to achieve your desired result."
-- Catherine Reheis-Boyd, President, Western States Petroleum Association
 

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