Preparing a Witness for a Congressional Committee Hearing from

"Testifying Before Congress: A Practical Guide to Preparing and

Delivering Testimony at Congressional Hearings and Before Congress
for Agencies, Associations, Corporations, Military, NGOs, and State and
Local Officials" by William N. LaForge

Abstract:
When you are invited to testify be for a congressional committee, it
sets off an intense process of preparation under tight deadlines,
usually with high stakes riding on the outcome. In his new book,
"Testifying Before Congress," William explains how to research the
positions of committee members, other witnesses, and other
stakeholders if you need to testify at a congressional hearing.
TheCapitol.Net has made this excerpt available for free use.

The Excerpt:
As soon as practicable in the witness preparation stage, a witness
should become familiar with the issue of the hearing and the subject
matter of the testimony. This is a critical step in preparing to be an
effective witness. Usually the witness is a principal or officer in the
organization being asked to testify, so it is natural for that individual to
be somewhat or very familiar with the hearing topic already. However,
even in the best of circumstances in which the witness is the head of,
or a top official for, an organization, he or she should be deliberative
and diligent in preparing for a hearing.

To ensure adequate preparation as a knowledgeable or expert witness

before a committee, a witness should spend time reading and
reviewing pertinent organizational and outside information about the
issues to be covered in the hearing. The witness should understand the
committee and legislative process, and the type, purpose, and goal of
the hearing. The witness should also have a firm grasp of the nature
and context of the testimony he or she will present to the committee.

It is often a valuable exercise for a witness to conduct targeted

reviews of materials and information from a variety of sources from
both inside and outside the organization, including:

Previous Hearings -- Consulting the hearing records or transcripts of

previous hearings on the same or related issues, especially before the
same committee, can provide excellent sources of information about
the issue at hand, the perspectives of the committee and its members,
likely questions to be asked, and previously considered strategies and
remedies. In its training materials, the United States Government
Accountability Office (GAO), whose members testify frequently before
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Congress, lists a number of key questions that can be answered

through a review of previous congressional testimony and hearing
records:

- What testimony has been given where presenters were in identical or

somewhat similar situations?

- How did they deal with particular situations that might be causing
you concern?

- What kinds of questions did committee members ask them?

- What kinds of responses did the witnesses make?

- How might those answers be improved?

- What were the major concerns of the chair, the ranking minority
member, or other opinion leaders on the committee?

- What positions have members taken?

- What hints do those concerns and positions provide for your

preparation, testimony, and answers?

[Source: Delivering Testimony, Participant Manual, United States

Government Accountability Office (GAO), January 2007.]

Media Coverage and News Clips -- Reviewing broadcast and print

journalism coverage of an issue that is the subject of a hearing can
provide valuable information and perspectives in preparing for a
hearing on that same subject. It can be especially helpful to review
media reports and news clips form the home states and congressional
districts of the members of a committee to discern press coverage and
perspectives on a local level.

Congressional Inquiries, Correspondence and Questions -- A review of

congressional contacts with the witness's organization can often
provide a unique glimpse into the thinking, interests, and perspectives
of Capitol Hill offices and committees. For government agencies, an
analysis of congressional inquiries and correspondence may be helpful
in preparation for a hearing. For organizations outside government,
previous questions or inquiries made of the organization by Congress
may provide helpful information during hearing preparation.

Issue Analysis -- A thorough analysis of the issue that is the topic of

the hearing is a highly recommended tool in the preparation of a
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witness for a hearing. This consideration especially applies if there

have been recent public activities, incidents, or events that relate to
the issue of the hearing and that have drawn public attention and
scrutiny.

Stakeholder Analysis -- A thorough analysis of the various interests --

players and people -- involved in a particular issue that is the subject
of a hearing can be helpful to a witness in preparing for hearing
testimony. This approach is especially helpful in determining the
"drivers" for an issue, those who benefit from or are harmed by it, and
the universe of those who care about the issue for any reason.
Conducting a stakeholder analysis can also be help identify differing
positions and perspectives on a given issue that can be helpful to a
witness in formulating a more strategic approach to his or her role as a
witness.

Opposition Research -- Knowing the various and differing positions on

a particular policy issue under consideration by a committee can be
valuable and helpful information for a witness preparing to testify
before a committee.

What to Watch Out For During the Hearing:

Members of Congress often have strong partisan viewpoints or

positions on issues, programs, and legislative initiatives, and they
frequently announce, discuss, and stake out those positions at a
committee hearing. It is important for a witness to be as politically
savvy as possible when going before a committee. This means seeing
political and issue partisanship for what it is, and understanding how it
affects members of the committee and their perspectives, as well as
the dynamics of a hearing.

Based on party politics or personal ideology, committee members

often have solidly established positions and viewpoints on issues to the
extent that they are unable or unwilling to hear or consider new or
additional information or differing perspectives. If you happen to
confront that type of situation at your hearing, do not let it deter you
from the goal, purpose, and flow of your testimony and answers.

During the preparation for a hearing, witnesses are encouraged to

conduct a political analysis of the issue that will be the subject of a
hearing, as well as to glean a complete understanding of the interests
and issues near and dear to the committee and its members. If a
witness has included those activities in preparation for a hearing, she
or he can rely on that information in dealing with committee members
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who may have a different viewpoint or tend to speak or ask questions

in an adversarial or even hostile manner.

During a hearing, particularly in introductory remarks by the chair and

committee members, as well as during the question-and-answer
period, individual viewpoints of committee members quite often
emerge, and witnesses must often engage and interact with committee
members on those topics. Understanding the partisan features and
issues of a committee and its makeup will allow a witness to engage
more productively, without either being overly concerned about trying
to convert a member on his or her thinking about an entrenched policy
or issue position, or marginalizing or disregarding a committee
member's perspective. From the moment a hearing begins, a witness
should be prepared for, and take notice of, any partisanship that may
surface in the hearing's deliberations. This is particularly true because
Congress has evolved into a more partisan, and sometimes even
contentious, institution, and much of the attendant drama plays out in
the context of committee hearings.

If a witness has concerns or questions about a political or partisan

matter, that matter should be discussed with committee staff prior to
the hearing. A witness should not address partisan issues during a
hearing, nor engage in taking sides on political or partisan issues
beyond the subject of the hearing and the purpose of the testimony.

About the Author:

WILLIAM N. LaFORGE is an attorney, Washington office managing
shareholder, and government relations practice group chair with the
Winstead law firm. A registered lobbyist, he represents businesses and
other organizations with public policy interests before the United
States Congress and federal executive branch agencies. For more than
30 years, he has been involved in all three branches of government
from the perspectives of both a government professional and a private
practitioner.

About the Book:

As a practical guide to assist witnesses and their organizations in
preparing and delivering Congressional testimony, this book is
designed for use by anyone or any organization called upon to testify
before a committee of Congress, and for those who are providing
assistance in preparing the testimony and the witness.

Copyright:

Creative Commons (CC) Attribution-NoDerivs 3.0 Unported

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