Order Code 98-392 GOV
Updated April 29, 2003
CRS Report for Congress
Received through the CRS Web
Senate Committee Hearings:
Witness Testimony
Thomas P. Carr
Analyst in American National Government
Government and Finance Division
Witnesses before Senate committees (except Appropriations) generally must provide
a committee with a copy of their written testimony at least one day prior to their oral
testimony (Rule XXVI, paragraph 4(b)). It is common practice to request witnesses to
limit their oral remarks to a brief summary of the written testimony. A question-and-
answer period usually follows a witness’s oral testimony. Committees usually publish the
transcripts of witness testimony and questions and answers. For more information on
legislative process, see [http://www.crs.gov/products/guides/guidehome.shtml ].
Advance Written Testimony
The individual rules adopted by committees sometimes state how far in advance of
hearings written testimony should be filed (usually 24-72 hours). Often witnesses must
submit multiple copies of their statements. Committees seldom limit the length of written
statements, but some committees require witnesses to include a brief summary (e.g., three
pages) of testimony along with the full text.
A committee’s chair and ranking minority member may waive the advance written
testimony requirement (Rule XXVI, paragraph 4(b)). For instance, the requirement might
be waived if a witness is invited with little notice. Committees usually are diligent about
obtaining advance written testimony. They might ask staff to summarize these statements
(Rule XXVI, paragraph 4(b)), and photocopy them for distribution to the public and press.

Oral Testimony
Each committee or subcommittee may set its own quorum for taking oral testimony
at hearings (Rule XXVI, paragraph 7(a)(2)). Most committees require one member to
take testimony, but some have other quorum requirements. For instance, the Armed
Services Committee has set a quorum of three members, including at least one member
of the minority, to take sworn testimony.
It is common for committee members to make opening remarks at the beginning of
a hearing. Next, the committee chair generally introduces each witness in accordance
with an arranged order and format (such as a panel format). By statute, any Senator is
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authorized to administer the oath to a witness (2 U.S.C. 191). Committee rules commonly
allow testimony under oath at the discretion of a committee’s leaders. In practice, most
committees rarely require witnesses to testify under oath at legislative hearings; sworn
testimony is more common at investigative hearings and confirmation hearings.
Many committees limit the oral testimony of witnesses, in part because written
testimony usually is available in advance. The rules of several committees limit each
witness to a brief summary statement, although at least one committee has allowed the
chair to extend or limit the time.
A committee may direct its staff to prepare a summary of the oral testimony on a
particular day (Rule XXVI, paragraph 4(c)). With the approval of the chair and ranking
minority member, a committee may include these summaries in its published hearings.

Questioning Witnesses
The question-and-answer period following a witness’s statement provides Senators
an opportunity to clarify assertions made in testimony, expand upon witness statements,
build a public record, and obtain information on which to base future actions. Committee
staff often draft questions or talking points for members to use in questioning witnesses.
Each committee determines the order in which Senators question witnesses. A
common procedure allows alternating between the parties, in order of seniority. The so-
called “early bird rule” permits Senators to question witnesses based on the Senators’
order of arrival at the hearing. Some committees use a combination of these two methods.
Committee chairs often allow Senators to proceed out of order. Also, Senators often
submit written questions for witnesses to respond to in writing following the hearing.
Although Senate rules do not restrict the length of time each Senator may question
a witness, several committees have adopted such rules. Some committees limit each
Senator to five minutes per witness. One committee generally has limited each Senator
to five minutes to question each witness when five or more committee members are
present, and to 10 minutes when fewer than five are present. Some committees also
authorize committee staff to question witnesses.
Printing Hearings
Committees regularly employ reporting services to transcribe their hearings.
Committees are authorized to publish their hearings transcripts, and usually do so,
although this is not required (Rule XXVI, paragraph 10(a)). Senate rules encourage
committees to make “every reasonable effort” to have hearings on a reported measure
printed and available to Senators prior to its floor consideration (Rule XVII, paragraph
5). Supplemental materials also may be printed as part of the hearing record. For
example, a committee might include charts and research materials, written statements of
witnesses, witness responses to follow-up questions, other materials submitted by
witnesses, or letters and testimony from individuals who did not testify in person.

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