Order Code RL30548
CRS Report for Congress
Received through the CRS Web
Hearings in the U.S. Senate: A Guide for
Preparation and Procedure
Updated July 19, 2004
Richard C. Sachs
Specialist in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

Hearings in the U.S. Senate: A Guide for Preparation
and Procedure
Summary
Congressional hearings are the principal formal method by which committees
collect and analyze information in the early stages of legislative policymaking.
Whether confirmation hearings — a procedure unique to the Senate — legislative,
oversight, investigative, or a combination of these, all hearings share common
elements of preparation and conduct.
Senate Rule XXVI sets forth many of the hearing regulations to which
committees must conform, including the quorum requirement, advance submission
of witness statements, the opportunity for minority party Senators to call witnesses
of their choosing, and procedures for closing a hearing to the public. Senate
committees, guided mainly by their chairmen, have broad discretion in how they hold
a hearing, in part because they adopt their own rules of procedure. These rules may
supplement Senate rules, but they can not contravene them. Committee customs and
leadership style not embodied in rules also vary considerably among committees and
influence hearing procedures.
Committees usually plan extensively for hearings. Early planning activities
commonly include collecting background information from sources within and
outside the Senate, preparing a preliminary hearing memorandum for the chair and
members discussing the scope of the hearing and the expected outcome, scheduling
and providing public notice of a hearing, selecting witnesses, determining the order
and format of their testimony, and preparing questions or talking points for
committee members to use in questioning witnesses are all important considerations.
Other considerations include preparing briefing books, determining whether the
hearing will be broadcast and alerting the media, and attending to the many
administrative arrangements, such as reserving a hearing room and scheduling a
hearing reporter.
On the day of the hearing, a committee needs a quorum to proceed with
testimony. While the vast majority of hearings are open to the public, a committee
can vote to close a hearing for specific reasons stated in Senate rules. Senators
typically make opening statements at the beginning of a hearing, then witnesses are
introduced and may be sworn by the chair. Witnesses present oral testimony in
accordance with an arranged format; this testimony generally is a summary of a
written statement submitted in advance. The question and answer period that follows
is an opportunity for a committee to expand upon a witness’s statement and gather
information to support future actions.
Following a day of hearings, a committee may prepare a summary of testimony,
draft additional questions for the day’s witnesses, and begin initial preparation of the
transcript for printing. While not required, hearing transcripts commonly are printed,
along with additional materials approved by the committee.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Coverage and Organization of This Report . . . . . . . . . . . . . . . . . . . . . . . . . 1
Hearings in the Committee Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Types of Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Preparation for Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Preliminary Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Sources of Outside Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Supplemental Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Joint Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Prohibitions on Sitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Choosing and Inviting Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Advance Written Testimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Format and Order of Witness Testimony . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subpoenas and Depositions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Briefing Books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Publicity and Media Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Administrative Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Field Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Conducting Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Quorums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Closing a Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Witness Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Opening Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Introducing and Administering the Oath to Witnesses . . . . . . . . . . . . . . . . 20
Oral Testimony of Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Time Limitations for Questioning Witnesses . . . . . . . . . . . . . . . . . . . . . . . 21
Order of Questioning Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Questioning by Non-members of the Committee or Subcommittee . . . . . . 21
Post-hearing Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Printing Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Related CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Publications on Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Hearings in the U.S. Senate: A Guide for
Preparation and Procedure
Introduction
Coverage and Organization of This Report
Under Senate rules, each committee is authorized to hold hearings whether the
Senate is in session, has recessed or adjourned (Rule XXVI, paragraph 1).
Committees may hold hearings in Washington, or field hearings in the states or
abroad. Whether legislative, oversight, investigative, confirmation, or a combination
of these, all hearings share common elements of preparation and conduct. This report
emphasizes these shared elements.
Senate Rule XXVI, in particular, details hearing procedures. Each committee
is required to adopt and publish written rules of procedure consistent with Senate
rules. A committee can expand upon Rule XXVI. A committee’s rules also
generally apply to its subcommittees, but may contain specific procedures for
subcommittees.
The rules of many committees contain provisions for hearings, and this report
gives examples from the 106th Congress. These examples are illustrative, intending
to show variations in particular areas. In some cases, several committees have
similar provisions, but one committee serves as an example. This report does not
attempt to list comprehensively all provisions of committee rules that apply to
hearings.
Further, the summaries of both Senate and committee rules are not intended to
capture every nuance and detail of the rules. Senators and staff are advised to consult
the text of the appropriate Senate or committee rule.
In addition to Senate and committee rules, this report covers common practices
in planning and holding hearings, which may vary significantly among committees.
Senators and staff are advised to contact the specific committee for detailed
information on its rules and practices.
The report is organized into four main sections. This introduction addresses the
role of hearings in the committee process, types of hearings, and broad organizational
issues.

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Committees plan carefully and deliberately for hearings. Section two of this
report, “Preparation for Hearings,” discusses the planning process. Among other
topics, this section covers
! deciding whether to hold a hearing;
! sources that assist committees with hearings;
! obtaining supplemental staff by contract or detail;
! holding joint hearings;
! prohibitions on when committees may meet;
! scheduling and public notice of hearings;
! selecting witnesses and determining the order and format of
testimony;
! securing advance written testimony from witnesses;
! written statements of non-governmental witnesses;
! procedures for issuing subpoenas and taking depositions;
! preparing briefing books for committee members;
! procedures for broadcasting hearings and techniques for attracting
and managing the media; and
! administrative arrangements.
Section three, “Conducting Hearings,” discusses how a hearing is held. Among
other matters, it covers
! quorum requirements;
! closing a hearing to the public;
! the rights of witnesses
! opening statements by Members;
! introducing and swearing in witnesses;
! oral testimony by witnesses; and
! the question-and-answer period following oral testimony.
Finally, section four, “Post-hearing Activities,” describes activities committees
often undertake following a hearing. For instance, committee staff may prepare a
summary of testimony, prepare additional questions for witnesses, or print the
hearing transcript along with supplemental materials.
Hearings in the Committee Process
Hearings are the broad information-gathering techniques committees use — and
have always used — in policymaking and oversight. Congress benefits from hearings
in a variety of ways. They inform Senators, staff, and the public about issues and
legislative proposals, and orchestrate public support and attract visibility for an issue.
They also serve to monitor government programs and activities, and expose problems
Congress may seek to remedy. Finally, hearings give citizens an opportunity to
participate in the policy process and help build a public record.
Senate committees hold hearings on measures referred to them. Committees can
also hold a hearing absent any specific legislation, as oversight, an investigation, or
simply to inform.

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For a number of reasons, Senate committees act on a minority of the measures
introduced and referred to them. For instance, a committee often receives many
proposals in the major policy areas within its jurisdiction, but ultimately chooses, if
it decides to act, one measure as its principal vehicle. When a committee does act,
it can send a bill to subcommittee for initial consideration, although this is not
required by Senate rules.
A committee may decide to send a bill to subcommittee for initial scrutiny
because of the technical nature of the issue, the history of prior referrals, and political
factors, among other reasons. When a committee or a subcommittee considers a
measure, it generally takes four actions, as listed below. Where a subcommittee
initiates some of the four actions, the extent to which the full committee repeats these
steps varies among committees, from issue to issue, and according to time and
workload pressures. The sequence of actions assumes the committee favors a
measure, but at any time the committee may discontinue action.
First, a committee can seek agency comment by sending a copy of the measure
to the executive departments or agencies having relevant expertise, soliciting their
written evaluation of the proposal. The executive agency typically sends the measure
and draft comments to the Office of Management and Budget (OMB) to determine
if it is consistent with the President’s budget and legislative program.
Second, a committee may decide to hold one or more hearings. Further
committee action without hearings is the exception, although committee hearings
have sometimes been bypassed in order to move legislation more expeditiously, or
because of action on a related bill in the previous Congress. The importance of the
hearings stage is stated by congressional scholar Walter J. Oleszek:
The decision to hold a hearing is often a critical point in the life of a bill. Measures
brought to the floor without first being the subject of hearings are likely to be the targets
of sharp criticism.... The sanctity of the committee stage is based on the assumption that
the experts-the committee members — carefully scrutinized a proposal, and hearings
provide a demonstrable record of that scrutiny.1
Third, a committee will meet to “mark up,” or recommend amendments to the
legislation, in part based on information received at hearings. Markup is the critical
stage where a committee decides how the language of the bill should appear when
it is presented to the Senate for consideration. While a bill can be subsequently
amended on the Senate floor, committees have the important prerogative of shaping
legislation before consideration by the full chamber.
Fourth, the full committee will report the legislation to the Senate floor;
subcommittees must report to their parent committees. When a committee reports
a measure, it is common, but not required, to issue a written report that describes and
explains a measure’s purposes and provisions and tells Senators why the measure
should be enacted.
1 Walter J. Oleszek, Congressional Procedures and the Policy Process, 5th ed.
(Washington:CQ Press, 2001), p. 94.

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Types of Hearings
All hearings share common elements of preparation and conduct. Some of these
are governed by Senate rules, particularly Senate Rule XXVI. At the same time,
procedures and practices differ for a number of reasons.
First, each committee must adopt its own rules of procedure for each Congress
(Rule XXVI, paragraph 2). These must be consistent with Senate rules but may also
expand or elaborate on them. Committee rules often contain provisions regulating
hearings.
Second, customs not necessarily reflected in committee rules vary among
committees. For example, committees differ in how they recognize Senators and
accord them opportunities for questioning witnesses.
Third, hearings are held for different purposes. Depending on the purpose,
hearings can be grouped into four broad classes: legislative, oversight, investigative,
and confirmation. (Sometimes one hearing has a dual purpose, e.g. legislative and
oversight). Certain provisions of Senate and individual committee rules apply to a
particular type of hearing. For example, Senate Rule XXVI, paragraph 1 sets forth
specific procedures for investigative 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 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 help ensure that the execution of laws by the executive branch
complies with legislative intent, and that 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

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reauthorize a program, so oversight hearings may be combined with legislative
hearings.2
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. 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.3
Confirmation hearings on presidential nominations are held in fulfillment of the
Senate’s constitutional “advise and consent” responsibilities. 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.4
Similarly, the Senate, as required by 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. Although
not as numerous as confirmation hearings, these hearings also allow the Senate to
meet its constitutional responsibilities in an important area of public policy.
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 has
held a field hearing in Bellingham, Washington, on a liquid pipeline explosion in that
city, and the Committee on Energy and Natural Resources has 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.
2 See also CRS Report RL30240, Congressional Oversight Manual.
3 See also CRS Report 95-464, Investigative Oversight: An Introduction to the Law,
Practice, and Procedure of Congressional Inquiry
, by Morton Rosenberg.
4 See also “The Confirmation Process” section in CRS Report RL30240, CRS Congressional
Oversight Manual
.

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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.
Preparation for Hearings
Preliminary Issues
A committee considers a variety of issues in deciding whether to hold a hearing.
A committee must define the information it needs, evaluate the policy matters or
political message it wishes to communicate, and then determine whether a hearing
is the best approach for achieving its goals. A hearing agenda is influenced by
several factors including the salience of issues to the nation, the importance of
policies to interest groups, and matters of significance to the President, Senate
leaders, committee leaders, and particular members. Programs under a committee’s
jurisdiction that need to be reauthorized generally receive committee scrutiny, as do
instances of reported waste, fraud, or abuse.
Each committee receives dozens, sometimes hundreds, of proposals for possible
examination, and may study matters not embodied in specific legislation. Given the
context of its overall workload, a committee must decide whether holding a hearing
is the best use of its resources. A committee must also consider whether and how a
hearing would fit into its overall agenda. Committees with broad jurisdictions often
struggle to allocate limited resources and balance the political and policy demands
of its membership.
To obtain approval for a hearing, committee staff often prepare a preliminary
hearing memorandum for the chair that includes information such as the scope and
purpose of the hearing, the expected outcome, possible witnesses, how many hearing
days are planned, and perhaps the views of the minority party. Informal discussions
with Members and committee staff may suffice.
Sources of Outside Assistance
Numerous governmental and non-governmental resources are available to
committees to assist with hearings. Because most hearings focus on government
programs, or potential programs, executive agencies often are major providers of
information. Committees may request information directly from specific offices, or
may place requests through an agency’s congressional liaison office, an office
established to respond to congressional requests for information.
Each of the three congressional support agencies can assist with hearings in a
variety of ways. The Congressional Research Service (CRS) can assist in
! framing the agenda for hearings;
! preparing background and policy studies;
! preparing bibliographies and conducting database searches;

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! providing information on positions of interest groups and other key
players;
! suggesting witnesses and drafting questions for Members to ask
them;
! making its experts available on a nonpartisan basis as witnesses;
! analyzing testimony;
! preparing studies or documentation for inclusion in the hearing
record;
! supplying information on program accomplishments; and
! evaluating legislative proposals and discussing alternative
approaches.
The Government Accountability Office (GAO) provides assistance to
committees principally by reviewing executive branch programs through independent
audits, investigations, and evaluations. These reviews measure the effectiveness of
government programs. GAO’s reports contribute to the background study and
examination necessary for oversight hearings. For instance, reports on investigations
of waste, fraud, and abuse in federal entities may be used at investigative hearings
probing government programs, or at hearings to craft legislation to correct problems
exposed. In addition to its routine, periodic reviews, GAO may be asked for studies
specific to a committee hearing. GAO experts frequently appear as witnesses.
The Congressional Budget Office (CBO) furnishes Congress with key
information relating to the U.S. economy, the federal budget, and federal programs.
It assists committees by preparing cost estimates of legislation. Its assistance to
Congress in carrying out the Congressional Budget Act provides a framework and
useful background and analysis for hearings. Its responsibilities include
! estimating the five-year budgetary costs of legislation;
! tracking congressional budget actions against targets established in
budget resolutions (scorekeeping);
! estimating costs to state, local, and tribal governments of carrying
out mandates to be imposed by legislation;
! making periodic forecasts of economic trends and baseline
projections of spending and revenue levels against which proposed
changes in taxing and spending policies can be measured;
! conducting studies of programmatic or policy issues that affect the
federal budget; and
! preparing an annual report on spending and revenue options for
reducing the federal deficit.5
Non-governmental organizations (NGOs) provide a wealth of resources for
committees. Knowledgeable individuals in universities, policy research institutes,
law and consulting firms, and trade and other nonprofit associations often are willing
to assist committees with data, analysis, and testimony. Interest groups with public
policy concerns become involved at the hearing stage in an attempt to frame the
5 See also “Congressional Budget Office (CBO)” section in CRS Report RL30240, CRS
Congressional Oversight Manual
.

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issues early in the legislative process. Studies indicate that lobbyists believe
testifying at congressional hearings is an important and effective technique for
influencing legislation. In addition to policy experts and the special interest groups,
committees often seek information and assistance from ordinary citizens who have
direct experience with a proposed policy, or whose lives will bear the impact of
Congress’s eventual decision.
Supplemental Staffing
Committees may find it useful on occasion to supplement their staff to assist
with hearings. Committees may hire consultants or employ staff detailed from any
government agency or department, with the permission of the Committee on Rules
and Administration. Under Title IV of the rules of the committee, the chair is
delegated broad authority to make administrative decisions, apparently including
these hiring matters.
The services of individual consultants or organizations must be intermittent or
temporary, not to exceed one year or the end of a Congress, whichever occurs first.
A consultant must be selected jointly by the chair and ranking minority member of
the committee needing such service. This committee then sends information on the
qualifications of the consultant to the Committee on Rules and Administration. It is
the responsibility of the Rules Committee to make certain that the consultant has
unique qualifications for which the committee could not directly hire an employee,
and the individual is not a current federal employee.

A committee seeking to have an employee detailed from a department or agency
of the federal government must submit a letter to the Committee on Rules and
Administration for approval. The committee also must submit a letter showing the
concurrence of the agency or department in the detail, and information on the title
and salary of the prospective detailee. The Rules Committee’s review of this
information includes a cost-benefit assessment. Committees may hire detailees on
a reimbursable or a non-reimbursable basis.
Staff also may be available from the many fellowship, internship, and volunteer
programs that place individuals with committee and Member offices. These
programs provide staff ranging in expertise from high school and college students
with little or no experience, to trained professionals and subject specialists. Finally,
the Senate Office of Legislative Counsel assists in drafting a variety of legislative
vehicles and documents, including bills and amendments. Attorneys in the office
often work closely with committees during their consideration of legislation.6
6 A change in Republican Conference rules gives subcommittee chairmen new authority over
staff hiring decisions. Effective Oct. 1, 1999, subcommittee chairmen are allowed to
appoint their own subcommittee staff directors with the concurrence of the full committee
chairman. Prior to this change, committee chairmen formally controlled all subcommittee
staff hiring.

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Joint Hearings
Each panel has the discretion to hold hearings jointly with another committee
or subcommittee. Panels meeting jointly must agree on common rules of procedure
and determine logistical questions. In some instances, two Senate panels will meet
jointly. For example, in January 2000, the Subcommittee on International Trade and
Finance and the Subcommittee on Economic Policy, both subcommittees of the
Committee on Banking, Housing and Urban Affairs, held joint hearings on issues
relating to banking issues in Latin America. House and Senate panels also
sometimes hold joint hearings. For example, in March 2000, the House Veterans’
Affairs Committee and the Senate Veterans’ Affairs Committee held a joint hearing
on legislative proposals recommended by the Veterans of Foreign Wars.
Some observers view joint committee sessions as an efficient use of time and
resources. Joint hearings bring together expertise and differing perspectives. They
may reduce the difficulties and delays that arise from contradictory actions and
proposals. Joint committee sessions, however, tend to be infrequent. Some
Members believe that separate perspectives and approaches provide significant
benefits to Congress. Separate hearings increase avenues of access for witnesses, and
opportunities for influence and exposure for committee members and leaders.
Further, coordinating meeting times between two panels may present scheduling
difficulties.
Prohibitions on Sitting
Senate rules determine when committees may meet. A standing committee and
its subcommittees are authorized to meet and to hold hearings when the Senate is in
session as well as when it has recessed or adjourned (Rule XXVI, paragraph 1).
However, a committee may not meet on any day after the Senate has been in session
for two hours, or after 2:00 pm when the Senate is in session (Rule XXVI, paragraph
5(a)). This restriction is designed to minimize overlap of committee and floor
sessions and so allow fuller participation in floor debates, to reduce interruptions of
committee deliberations with floor votes, and to lessen scheduling conflicts for
Senators.
The Committees on Appropriations and the Budget are exempt from this
prohibition. The rule may also be waived for other committees by unanimous
consent, or joint agreement of the majority and minority leaders or their designees.
Whenever the prohibition is waived, the majority leader (or his designee) announces
on the floor, usually at the beginning of the day, the time and place of the meeting.
Senate rules also restrict committees to meeting during specified time periods
(Rule XXVI, paragraph 6). Specifically, a committee may meet (1) in the morning,
until 11:00 a.m., or (2) from 11:00 a.m. until 2:00 p.m. This rule is intended to
minimize problems associated with simultaneous floor and committee sessions, as
well as with overlapping committee sessions. In practice, committees do not always
adhere rigorously to these restrictions.

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Scheduling
Any Senator may seek to persuade a committee to hold hearings, but the chair
generally controls the schedule. Paramount in scheduling for many committees is
choosing a date and time convenient for committee leaders. The Senate’s automated
Legislative Information System allows committees to coordinate their schedules to
avoid meeting overlaps. The system provides Senators and staff with committee
scheduling reports. These reports are delivered each week to each Senator’s personal
office and cover the Senator’s committee and subcommittee schedule for the coming
two weeks. Each committee office also receives reports covering the schedule for
all members of the committee.7
Notice
Under Senate rules, committees must publicly announce the date, place, and
subject of each hearing at least one week in advance (Rule XXVI, paragraph 4(a)).
The Committees on Appropriations and the Budget are exempt from this rule. The
rule may be waived if the committee determines that there is “good cause” to hold
a hearing at an earlier date. Notices of hearings appear in the daily digest section of
the Congressional Record, in reports by the Senate’s computerized committee
scheduling service, and on the Senate’s website.
Committee rules show some variation on the Senate rule. For example, the rules
of the Committee on Environment and Public Works state that hearings held with
less than a week’s public notice require the concurrence of the ranking minority
member, and in any case, notice must be made at least 24 hours in advance of the
hearing. The Committee on Agriculture, Nutrition, and Forestry permits hearings
with less than a week’s public notice if the committee or subcommittee chair
determines that the hearing is noncontroversial or that “special circumstances”
require swift action, and a majority of the committee or subcommittee concurs. The
rules of the Committee on Health, Education, Labor and Pensions require that the full
committee and its subcommittees provide each member of the committee with the
time, place, and subject matter of the hearing as well as a list of witnesses seven days
prior to the public notice of a hearing.
A standing order of the Senate requires each Senate committee to immediately
notify the Office of the Senate Daily Digest of the Congressional Record when any
committee hearing or meeting is scheduled (Title IV of S. Res. 4, 95th Congress).
The information should include the time, place, and purpose of the session.
Committees must provide the daily digest office with any changes in the information
or cancellations of sessions as soon as they occur. Every Monday and Wednesday,
this information is published in the extensions of remarks section of the
Congressional Record.
7 The consolidated hearing schedule is also posted on the Senate’s website at
[http://www.senate.gov/legislative/legis_legis_committees.html].

CRS-11
Choosing and Inviting Witnesses
In choosing witnesses, committees pay careful attention to how viewpoints are
heard, who should testify, and the order and format for presenting testimony.
In some cases a committee strives to assure that all reasonable points of view
are represented, while in other cases witnesses expressing only particular points of
view are invited. Senate rules allow the minority party members of a committee to
call witnesses of their choice on at least one day of a hearing, when the chairman
receives a written request from a majority of the minority party members (Rule
XXVI, paragraph 4(d)). The Committee on Appropriations is exempt from this rule.
In lieu of this formal option, the minority sometimes works informally with the
majority to invite witnesses representing its views.
In order to testify, a witness must be invited by the committee. Before officially
inviting a witness, committee staff identify, and often interview, prospective
candidates. When appropriate witnesses are found, the committee chair commonly
sends a formal letter of invitation. This letter gives the witness some basic
information, including the purpose, subject, date, time, and place of the hearing. In
addition to specifying the portion of a measure or issue the witness should address,
the letter might contain a limitation on the length of the witness’s oral testimony.
The committee may send the witness additional information. This information
may include a list of committee members, the committee’s rules, the measure under
consideration, and press articles relating to the issue. A staff contact is indicated.
Staff sometimes meet with witnesses before a hearing to answer questions and to
review procedure.
A Senate standing order authorizes reimbursement for per diem expenses of
witnesses (S.Res. 259, 100th Congress). The actual expense basis for reimbursement
generally cannot exceed the daily rate set by the Committee on Rules and
Administration although the committee may consider deviations from this policy on
a case-by-case basis. A committee also may reimburse a witness for travel expenses
related to testimony. If reimbursement is expected, the letter of invitation may
address this. Usually a witness is reimbursed only in hardship circumstances, and
then only for expenses related to transportation from the witness’s place of residence
to the hearing and return. Subpoenaed witnesses are not reimbursed for expenses.
Advance Written Testimony
A letter of invitation also may request that the witness send the committee
biographical information and an advance copy of written testimony. Senate rules
require each witness to file an advance copy of written testimony with the committee
at least one day before the hearing (Rule XXVI, paragraph 4(b)). The Committee on
Appropriations is exempt from this rule. A committee chair and ranking minority
member can determine the circumstances whereby advance copies of testimony need
not be filed. It is common practice to request witnesses to limit their oral remarks to
a brief summary of their written testimony. Usually, a witness’s complete remarks
are included in the hearing record.

CRS-12
Variations in committee rules cover how far in advance of the hearing testimony
should be filed, usually between 24 and 72 hours, and requirements for multiple
copies. For example, the Committee on Foreign Relations requires witnesses to file
with the committee 48 hours in advance of the hearing; the Select Committee on
Intelligence requires copies filed 72 in advance; and the Committee on Veterans’
Affairs requires 40 copies of testimony to be filed 48 hours in advance.
Senate committee leaders have authority to decide when it is impractical to
require advance written testimony. Precipitating national or international events may
require immediate congressional attention, and individuals may be needed to testify
on very short notice. In such cases, committees can waive the requirement for
written testimony. Most of the time, however, committees are rigorous about
receiving advance copies of testimony. Committees may want to summarize or
outline testimony, draft questions tailored to each witness’s statement, and photocopy
the statement for distribution to the press and others.
Format and Order of Witness Testimony
Committees determine the format and order of presenting witnesses. Under the
traditional format, a witness summarizes his or her written statement, then takes
questions from Members before a second witness testifies. In recent years,
committees have used different formats. One common approach presents multiple
witnesses with diverging viewpoints as a panel. It is practice in these cases for all the
panel members to make statements, then for committee members to pose questions
to the panel. Some observers believe that this format produces a more stimulating
debate and more effectively elicits pertinent information. Committees have
experimented with several other formats for gathering information, including
seminars, roundtable debates, and, more experimentally, video conferencing and the
internet.
The order in which witnesses testify is also determined by the committee.
Protocol usually requires that Senators or Representatives (either incumbent or
former) appear before other witnesses. Celebrity witnesses, because they often
generate media and public attention, are carefully positioned. Academics,
government officials, representatives from interest groups, and other private citizens
are arranged in a way that most favorably presents information and communicates the
policy and political intentions of the committee. For example, a committee may
arrange its witnesses to allow individuals to refute or counter arguments made by
another witness.
Subpoenas and Depositions
Most individuals respond favorably to an invitation to testify, believing it to be
a valuable opportunity to communicate and publicize their views on a question of
public policy. However, if a person will not come by invitation alone, a committee
or subcommittee may require an appearance through the issuance of a subpoena
(Rule XXVI, paragraph 1). Committees also may subpoena correspondence, books,
papers, and other documents. Subpoenas are issued infrequently, and most often in
the course of investigative hearings.

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Senate Rule XXVI, paragraph 1, broadly authorizes committees to issue
subpoenas to require appearances by witnesses or the production of material.
Committee rules further delineate the procedure. Some committees delegate
authority for subpoenas to the chair or the chair’s designee. Other committees
require a majority vote of the committee. Still other committees have more detailed
procedures for authorizing subpoenas. The chair of the Committee on Agriculture,
Nutrition, and Forestry is authorized to issue a subpoena with the approval of the
ranking minority member. The chair, however, may authorize a subpoena without
such approval if the chair does not receive notification from the ranking minority
member within 72 hours. Even if the ranking minority member disapproves, the
subpoena may yet be authorized by vote of the committee. The Committee on Small
Business requires only the “agreement” or “consent” of a majority of the committee
members, and the rule provides that “Such consent may be given informally, without
a meeting.” The Select Committee on Intelligence requires that each subpoena be
accompanied by a copy of the resolution authorizing the establishment of the
committee and a copy of the committee’s rules.
A committee requiring a subpoena can obtain the appropriate form from the
Office of Legal Counsel. Subpoenas usually are delivered by authorized committee
staff or by a U.S. Marshal. Compliance with a subpoena can be enforced only at the
direction of the Senate. Under one method of enforcement, a committee could report
a resolution citing for contempt an individual who did not respond to a subpoena.
If approved by the Senate, the resolution would be sent to the Office of the U.S.
Attorney for prosecution. Under a second procedure, involving matters of civil
contempt, a committee reports and the Senate adopts a resolution allowing the Senate
Legal Counsel to obtain a court ruling deciding whether an individual must comply
with a subpoena.
Committee staff commonly consult with experts to gather information in
preparation for a hearing. A more formal means of obtaining information, for
investigative hearings in particular, is through the use of depositions. Under this
method, committee staff will commonly take testimony in private, either from
individuals who later appear as witnesses or from those who do not testify publicly.
The testimony is sometimes taken under oath, and a transcript may be prepared.
Individuals often are accompanied by counsel, and respond to prepared questions.
As Senate rules do not expressly authorize depositions by staff, on occasion the
Senate has granted specific authority for such action by resolution. The committee
then usually adopted procedures for taking depositions. As one example, the Senate
approved a resolution authorizing committee staff to take depositions in the
investigation of the Whitewater Development Corporation and related matters
(S.Res. 229, 103rd Congress).
Most committee rules are silent on the matter of depositions. The Committee
on Foreign Relations provides that, “At the direction of the Committee, staff is
authorized to take depositions from witnesses.” Questions have been raised however,
that, since staff depositions are usually authorized only by Senate resolution, the
committee’s rule might be open to challenge. The Committee on Governmental
Affairs provides comprehensive procedures for taking depositions because the

CRS-14
committee, through its Permanent Investigations Subcommittee, unlike other Senate
committees, has exceedingly broad oversight and investigative authority.8
Briefing Books
Committee members often ask staff to prepare summary and background
material for Senators’ use before and during a hearing. This information is
sometimes assembled into briefing books, or folders, to present issues in a
systematic, uniform way. Briefing books can include a variety of items, including
a description of the subject, scope, and purpose of the hearing. For legislative
hearings, a copy and an explanation of each measure under consideration, and a
comparison of all measures to be discussed, are useful. Also, pertinent statutes and
regulations, court decisions, press articles, agency reports, academic studies, and a
chronology of major events. To assist Senators with witnesses, briefing books might
contain a list of witnesses in their order of appearance, a copy or summary of written
testimony, and biographical information. Also, questions or talking points for
Senators to use in opening statements and in examining witnesses.
Before a hearing, committee staff sometimes brief Senators and other staff.
Staff can conduct oral briefings in addition to, or in lieu of, preparing briefing books.
These sessions provide an opportunity to discuss matters of particular interest to
individual committee members.
Publicity and Media Considerations
A committee’s goal in holding a hearing often is not narrowly limited to
collecting information for policy development. It can include publicizing an issue
or problem to focus attention and build support for an issue in broad or narrow areas
of the public. Exposure of a problem at an oversight or investigative hearing can be
a particularly effective technique. Public officials often seem responsive to
correcting program deficiencies when an issue has been broadly publicized.
Senate Rule XXVI, paragraph 5(c), authorizes committees to broadcast hearings
that are open to the public, but leaves to committees and subcommittees development
of procedures. The rules of some committees, for example, Agriculture, Nutrition,
and Forestry; Judiciary; and Rules and Administration, are silent on broadcasting,
and committee practice and decisions of the chair largely determine how hearings are
broadcast.
Some committees provide minimal formal guidance. For example, the
Committee on Appropriations provides that if a member of an Appropriations
subcommittee objects to photography or broadcasting of an open hearing, the matter
is referred to the full committee for a decision. The rules of the Committee on
Energy and Natural Resources provide that the media must position their equipment
so as not to block witnesses or Senators or otherwise interfere with the “orderly
process” of the hearing.
8 See also “Tools of Oversight” section in CRS Report 95-464, Investigative Oversight: An
Introduction to the Law, Practice, and Procedure of Congressional Inquiry
.

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Other committees have more fully developed rules. The Committee on Finance
requires that a hearing broadcast must be approved by the committee chair following
a request filed with the staff director at least a day before the hearing. The
Committee’s rules also cover installation of broadcasting equipment and additional
lighting in the hearing room, and the right of witnesses to decline to be photographed
or have their images televised. Select Committee on Ethics rules require that
personnel providing broadcast coverage be accredited by the Radio and Television
Gallery, and that photographers be accredited by the Press Photographers Gallery.
Committee press aides usually are responsible for planning media coverage for
a hearing, and they typically employ a number of techniques for attracting and
managing the media. In some cases, press aides in Senators’ personal offices take
similar actions on behalf of individual and committee members. Often, an early
objective is to seek the assistance of the Senate Press Gallery, the Periodical Press
Gallery, the Radio and Television Gallery, and the Press Photographers’ Gallery.
The mission of the gallery staffs is not only to facilitate coverage of Senate activities
on behalf of the media, but also to assist committee members and staff with their
media responsibilities. Gallery staff can assist committees in a variety of ways, by
distributing press releases and witness statements, resolving differences involving
camera crews, and making pool arrangements for maximum television coverage.
Some committees routinely mail calendars informing the media of upcoming
events. The information typically includes a list of hearings and a description of
each, emphasizing why the hearing is important. For each hearing, these calendars
provide the date, time, and location, as well as a staff contact.
Press releases are a standard format for informing journalists of newsworthy
committee activities. In addition to a committee’s press list, press releases also can
be distributed to committee and personal offices and the Senate press galleries. The
Radio and Television Gallery requests 25 copies of news releases, notices of
committee meetings and hearings, and notices of press conferences. The Senate
Press Gallery requires 40-50 copies of press releases, if the release is regional in
scope. The Periodical Press Gallery requests 25 copies of press releases. Language
from press releases can be used to draft “Dear Colleague” letters and statements for
use in committee and on the Senate floor.
Committee staff often prepare media packets prior to hearings. The packets can
include a variety of material, such as statements by the committee chair and other
members, a list of witnesses and copies of written testimony, and background
material such as press clippings and support agency studies.
As the day of a hearing approaches, reporters often will seek out staff for
information. Many committees prefer that journalists’ discussions with staff be “on
background” and not for attribution. Speaking for attribution usually is limited to
committee members.
Press conferences are a common technique for personally informing journalists
of issues in an upcoming hearing, and for clarifying issues immediately following a
hearing. Some Senators prefer to meet informally with reporters, others prefer a
more structured environment. Formal press conferences may be held in the multi-

CRS-16
media studio in room S-325 in the Capitol. Press secretaries are advised to contact
the Radio and Television Gallery staff in advance to ensure that the desired studio
time is available. According to the 1996 edition of the U.S. Senate Handbook, only
members of the press can reserve studio time, and press secretaries should contact an
accredited member of any congressional media gallery to secure an invitation to the
studio. Ordinarily, only Members of Congress may be interviewed in the studio.
Exceptions must be authorized by the executive committees of the congressional
galleries.
When a studio appearance is scheduled, a notice is posted through the Senate
electronic bulletin board and displayed in all of the congressional media galleries.
Senators also may schedule appearances in the Senate Press Gallery, although
cameras are not permitted there. These appearances do not require an invitation from
members of the press.9
In recent years, committees have publicized their hearings on their committee
websites (see [http://www.senate.gov/committees/index.cfm]). Links from a
committee’s home page lead to sites related to committee hearings. Some
committees provide a list of hearings, dates, and witnesses (see, for example, the site
of the Finance Committee at [http://www.senate.gov/~finance/fin-hear.htm]). Others
include statements by Senators and witness testimony. The website of the Committee
on Governmental Affairs provides some hearings press releases and video of the
hearing (see [http://www.senate.gov/~gov_affairs/hearings.htm]).
Administrative Matters
Dozens of administrative arrangements need to be made before a hearing, and
these usually are handled by a committee’s administrative staff. Two important
matters are reserving a hearing room and arranging early in the planning stage for a
reporter of debates. If a committee’s own hearing rooms are unavailable, a
committee may try to use a room from another committee or Senate office. While
rooms may be occupied or administered by other offices or committees, they are
subject to the Rules and Administration Committee’s policies for the use of Senate
rooms.
Senate committees are authorized to hire reporters of debates and other
stenographic assistance from private firms. The Committee on Rules and
Administration determines the rate of pay for these services and provides guidelines
for their employment. The committee’s regulations are printed as “Regulations
Governing Rates Payable to Commercial Reporting Firms for Reporting Committee
Hearings in the Senate,” and copies are available from the committee.
Many administrative details concern the physical setup of the hearing room.
These include securing furniture and equipment; arranging items on the dais such as
nameplates, writing materials, water, and ice; supplying the chair with a gavel, block,
and timer; providing the chair and other members with materials not included in the
9 See also “Communicating with the Media” section in CRS Report RL30240, CRS
Congressional Oversight Manual
.

CRS-17
briefing books, such as copies of committee and House rules; reserving seats for the
press, staff, witnesses, or other individuals; and arranging for audio consoles,
microphones, and lighting. If necessary, security during the hearing can be provided
by the Capitol Police. Sufficient copies of materials, such as statements of Senators
and witnesses, should be provided for distribution during the hearing.
Field Hearings. A field hearing presents administrative and planning
considerations different from those for Washington hearings. These include
identifying the city, district or state and the specific location, for example, a federal
building, school or private venue, where the hearing will be held. It may be
necessary for staff to travel to the field location a day or more before the hearing to
make certain arrangements are to the committee’s satisfaction, including the specific
layout of tables and chairs for Senators, witnesses and the public, and the availability
of a sound system and the technicians to operate it. Security personnel also need to
be arranged.
Funding for committee travel must meet regulations established by the Rules
and Administration Committee and compiled in Chapter II, Appendix D of the U.S.
Senate Handbook.
Of particular importance to a committee holding a field hearing
is section VI(f), “Hearing Expenses.” This section authorizes committees under
certain conditions, to pay the expenses of official reporters for travel to the site of the
field hearing.
Where field hearings involve oversight of a federal agency, it may be possible,
under a committee’s oversight authority, to request that the agency provide
transportation for committee members and staff. Usually, such requests require a
letter from the committee chairman to the agency head. Expenses incurred by a
Senator or staff aide attending a field hearing — including transportation, lodging,
meals and incidentals such as parking charges — are reimbursable by the committee
holding the hearing. Automobile rentals are also reimbursable, providing the car is
only used to transport Senators and committee or personal staff authorized by the
committee for travel. For other matters relating to expenses and reimbursement for
travel to and from a field hearing, staff should consult Senate regulations or the Rules
and Administration Committee.
Conducting Hearings
As discussed above, hearings involve considerable preparation. By the day of
the hearing, Senators and staff expect that important requirements of Senate rules,
such as publicly announcing hearings, have been met. Critical decisions, such as
choice of and format for presenting witnesses, have been made. Necessary research
has been conducted, and relevant materials assembled in a briefing book. Briefings
may have been conducted for Senators, staff, witnesses, and the press.
Administrative issues, such as arranging for a reporter of debates, have been
addressed. With thorough and careful preparation, most hearings can be expected to
proceed routinely. However, Senators and staff sometimes confront unanticipated
events that require a change in plans, such as a need to call additional witnesses or
to close a session to the public.

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Quorums
Each committee can determine the number of members required for taking
testimony in hearings (Rule XXVI, paragraph 7(a)(2)). With few exceptions, Senate
committees allow one Senator to take sworn and unsworn testimony. For instance,
the Committee on Appropriations permits one Senator to take unsworn testimony,
but sworn testimony requires three Senators. However, one Senator is sufficient to
take sworn testimony at an appropriations subcommittee hearing. The Committee
on Armed Services requires three Senators to take sworn testimony, one of whom
must be from the minority party, unless a majority of the committee orders otherwise.
The Committee on Health, Education, Labor and Pensions allows one Senator to
conduct a hearing, with the approval of the chair. In order to take sworn testimony,
however, three members of the committee are required; although, with the
concurrence of the chairman and the ranking minority member, one Senator may hear
subpoenaed witnesses or take sworn testimony. The Committee on Rules and
Administration requires four Senators to take sworn testimony and two Senators to
hear unsworn testimony; in either case, once that quorum has been established, one
Senator can continue to take testimony absent the others.
Committee staff often poll Senators before the start of a hearing to determine
which members plan to attend. Sometimes staff also obtain information on where
Senators can be reached, in case they are needed to meet the quorum requirement.
Closing a Hearing
The vast majority of committee hearings are open to the public, as required
under Senate rules. But a hearing, like other committee meetings, may be closed for
specific reasons stated in Senate rules (Rule XXVI, paragraph 5(b)).
A committee may close a hearing if it (1) involves national security information;
(2) concerns committee personnel, management, or procedures; (3) invades the
personal privacy of an individual, damages an individual’s reputation or professional
standing, or charges an individual with a crime or misconduct; (4) reveals identities
or damage operations relating to law enforcement activities; (5) discloses certain
kinds of confidential financial or commercial information; or (6) divulges
information that other laws or regulations require to be kept confidential.
The Senate rules also contain a specific procedure for closing a hearing. By
motion of any Senator, if seconded, a committee may close a session temporarily to
discuss whether there is a need to close a hearing for any of the reasons stated above.
If so, the committee can close the hearing by majority roll call vote in open session.
By this procedure, a committee can close a hearing or a series of sessions on a
particular subject for no more than 14 calendar days.
Witness Rights
The rights of witnesses are protected implicitly by at least one Senate rule.
Senate Rule XXVI, paragraph 5, allows committees to vote to close a hearing to the
public if it determines that matters under discussion or testimony to be taken:

CRS-19
will tend to charge an individual with crime or misconduct, to disgrace or injure
the professional standing of an individual, or otherwise to expose an individual
to public contempt or obloquy, or will represent a clearly unwarranted invasion
of the privacy of an individual....
Witnesses at Senate hearings receive protections mainly through their rights
under the Constitution, and rules adopted by individual committees. Constitutional
protections include the First, Fourth, and Fifth Amendments. While committees need
to obtain answers to questions, the Fourth Amendment prohibits unreasonable search
and seizure to obtain information. The First Amendment protects witnesses who may
seek to refuse compliance with a committee subpoena by claiming that the committee
has infringed on the witness’s right to free speech, assembly, or petition. Under the
Fifth Amendment protection against self-incrimination, witnesses cannot be
compelled to give evidence against themselves unless granted immunity.
Among committee rules, several provide witnesses with a right to counsel. The
Committee on Governmental Affairs allows counsel to be present and to advise
witnesses of their legal rights. If a witness is an “officer or employee of the
government, or of a corporation or association,” the chair may determine that
representation by counsel from the government, a corporation, or an association
representing other witnesses creates a conflict of interest and may order that the
witness be represented by committee staff or by personal counsel. Further,
confidential testimony may be made public only by a vote of the committee. The
Finance Committee gives witnesses the right to request that cameras be turned off if
they do not wish to be televised while testifying.10
Opening Statements
When present, a committee’s chair ordinarily presides over its hearings. Senate
rules stipulate that in the absence of the chair, the ranking member of the majority
party is authorized to preside (Rule XXVI, paragraph 3). The rules of several
committees provide that if neither the chair, ranking majority member, nor any other
member of the majority is present, then the ranking minority member present may
preside. The Committee on Governmental Affairs provides that if the chair or his
designee is absent ten minutes after the scheduled time of the hearing, then the
ranking majority member present can preside. If no member of the majority is
present, then, with prior approval of the chair, the ranking minority member present
may open and conduct the hearing only until a member of the majority arrives.
To begin the hearing, the chair commonly makes an opening statement
introducing the subject and purpose of the session. The chair may describe important
events leading to the hearing and key contemporary issues. He or she also may
outline the committee’s approach to the issue; a procedure for interruptions, such as
for roll call votes; and the schedule of future hearings. When finished, the chair
10 See also “Constitutional and Common Law Testimonial Privileges of Witnesses” section
in CRS Report 95-464, Investigative Oversight: An Introduction to the Law, Practice, and
Procedure of Congressional Inquiry
.

CRS-20
generally recognizes the ranking minority member to make an opening statement, and
may then recognize other Senators.
Since debate time in the Senate is generally unrestricted, Senators recognized
for opening statements may, under the rules, speak as long as they wish. However,
the chair may request that in the interest of time, Senators limit the length of their
statements.
Introducing and Administering the Oath to Witnesses
Following opening statements, the chair customarily introduces each witness in
accordance with the arranged order and format. In some cases, for example a home
state witness, a committee member other than the chair might introduce the witness.
A procedure for administering an oath for sworn testimony to witnesses is not
addressed in Senate rules, although by statute any Senator is authorized to administer
an oath to a committee witness (52 Stat. 942, 943). Most committee rules provide
further guidance in this area. Commonly, committee rules provide that an oath may
be administered when the chair or ranking minority member deems it necessary. For
example, the Select Committee on Intelligence requires that all testimony be given
under oath. The Select Committee on Ethics requires that all witnesses testifying at
adjudicatory hearings be sworn unless the Senator presiding decides otherwise. In
practice, most other committees rarely require testimony under oath. Swearing
witnesses is most common at investigative hearings and hearings dealing with
sensitive subject matter.11
Oral Testimony of Witnesses
Senate rules do not limit the time allowed for witnesses to present oral
testimony. In practice, some committees cap the time allowed for witnesses to make
their presentations. Since witness testimony generally is available to the committee
in advance, and in the interest of time, it is usually not necessary or desirable for a
witnesses to read their entire prepared statement. The rules of several committees,
including Banking, Housing and Urban Affairs; Finance; and Foreign Relations, limit
oral presentations to ten minutes. The Select Committee on Intelligence rules state
that oral presentations shall “not exceed a reasonable period of time as determined
by the Chairman, or other presiding members.”
Some committees employ a system of lights to guide witnesses in their oral
presentations. A green light tells the witness that time remains to continue a
presentation. A yellow light warns the witness to begin to conclude oral testimony,
and a red light informs the witness that the presentation should end.
11 See also “Conducting Hearings” section in CRS Report 95-464, Investigative Oversight:
An Introduction to the Law, Practice, and Procedure of Congressional Inquiry
.

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Time Limitations for Questioning Witnesses
The question and answer period that follows a witness’s statement presents an
opportunity for Senators to clarify assertions made in testimony, to expand upon
witness statements, and sometimes to question the veracity of statements. Moreover,
it offers an opportunity for the committee to build a public record and to obtain
information to support future committee actions. Committee staff sometimes prepare
questions or talking points for committee leaders and other members. In some cases,
witnesses may be informed in advance of the line of questioning the committee
intends to pursue.
Under Senate rules, when recognized, a Senator may in general speak as long
as he or she wants. Most committees do not restrict this right of debate for
questioning witnesses. However, several committees have imposed a rule limiting
Senators to five minutes to question each witness. These include Agriculture,
Nutrition and Forestry; Energy and Natural Resources; and Select Indian Affairs.
The Committee on Banking, Housing and Urban Affairs limits questions to each
witness to five minutes when five or more Senators are present, and 10 minutes when
fewer than five are present. Where committee rules are silent on this procedure, the
chair or Senator presiding commonly sets ground rules for questioning either at the
start of the hearing or after a witness’s oral presentation. Whatever the stated
procedures, committee leaders seek to accommodate Senators during the question
period.
Order of Questioning Witnesses
Each committee has the discretion to determine the order in which members
may question witnesses. A common procedure allows alternating between the
parties, in order of seniority. By contrast, the so-called “early bird rule” permits
members to question witnesses based on Senators’ order of arrival at the hearing.
Some committees, for example, Agriculture, Nutrition, and Forestry, use a
combination of these. In practice, committee chairs can entertain requests to proceed
out of order to accommodate the schedules of individual Senators.
Questioning by Non-members of the Committee or
Subcommittee

Both Senate rules as well as those of most committee are silent on the matter of
the use of staff to question witnesses. Unless specified by committee rule, it is
commonly the prerogative of the chair, often in consultation with the ranking
minority member, to determine the circumstances under which staff may question
witnesses. The Committee on Small Business specifically permits such a procedure.
The Committee on Energy and Natural Resources and the Select Committee on
Indian Affairs allow the committee leadership to appoint one staff member to
question witnesses. Staff may only question witnesses after all Senators have
completed their questioning, or at other times agreed upon by the committee
leadership. The rules of the Permanent Subcommittee on Investigations of the
Committee on Governmental Affairs state that witnesses may be questioned by
“authorized” subcommittee staff.

CRS-22
Post-hearing Activities
At the end of the question and answer period, the committee chair will close the
hearing. The chair may summarize what the committee has accomplished by holding
the hearing and comment on the future committee schedule or expected action.
Senate rules provide a procedure whereby a committee may direct its staff to
prepare a daily digest of the written statements submitted by witnesses. A committee
can also ask its staff to prepare daily summaries of the oral testimony presented
before the committee on a particular day (Rule XXVI, paragraphs 4(b) and 4(c)).
With the approval of the chair and ranking minority member, the committee can
include the latter summaries in its published hearings. Summaries can be distributed
to committee members and the press.
Follow-up questions may be prepared and submitted to witnesses for written
replies to expand on the witness’s statement, further respond to member questioning,
and discuss new matters raised in the course of the hearing. Often the chair will
announce that the hearing record will be left open for a period of time so that
additional information can be entered into the formal hearing record. If the hearing
is investigative, the committee can prepare and issue its report. If the hearing is
legislative, the committee can proceed to markup and report a measure to the Senate
floor. Finally, committees attend to administrative details following a hearing, such
as restoring the hearing room to its original condition and sending thank-you letters
to witnesses.
Committees are implicitly protected on the Senate floor from points of order
against actions that occurred during their hearings (Rule XXVI, paragraph 7(a)(3)).
This rule states in part, “Action by any committee in reporting any measure or matter
in accordance with the requirements of this subparagraph shall constitute the
ratification by the committee of all action theretofore taken by the committee with
respect to that measure or matter....” (emphasis added) Thus, if a Senator believes a
hearing was conducted improperly, he or she must make this belief known in
committee before the measure that was the subject of the hearing is reported. Once
the measure reaches the Senate floor, a point of order because of an action during a
hearing ordinarily would not be sustained.
Printing Hearings
Although they are encouraged to do so, Senate committees are not required to
print their hearings. Most hearings, in fact, are printed. Senate Rule XXVI,
paragraph 10(a) provides the authority for committees to print their hearings. The
rule also requires that committee hearings be kept separate from the personal office
of the committee chairman, that hearings transcripts and related material become the
property of the Senate, and all committee members and all Senators are entitled to
access to the hearing records.
Senate Rule XVII, paragraph 5 requires that measures reported to the Senate
cannot be considered unless the report accompanying that measure has been available
to Members for at least two calendar days. The rule further requires that if hearings

CRS-23
have been held on the reported measure, the committee reporting the measure must
make “every reasonable effort” to have the hearings printed and available to Senators.
Some committees provide for review by witnesses of their testimony for the
purpose of determining errors in transcription, grammatical corrections or obvious
errors of fact. A request to actually change the transcript must be made to the
committee chair or staff member designated by the chair. Several committees allow
witnesses themselves to make minor grammatical changes. The rules of the Select
Committee on Ethics require that, except where a hearing has been closed to the
public, transcripts be published “as soon as practicable.” The chair and vice chair,
acting jointly, are authorized to order a transcript printed without corrections by a
Senator or other witness if they determine that the time allotted for review of the
transcript has expired and the transcript has not been returned to the committee.

CRS-24
Bibliography
Related CRS Products
CRS Report 98-311. Senate Rules Affecting Committee Activities, by Stanley Bach
and Betsy Palmer.
CRS Report 98-336. Senate Committee Hearings: Arranging Witnesses, by
Thomas P. Carr.
CRS Report 98-337. Senate Committee Hearings: Scheduling and Notification, by
Thomas P. Carr.
CRS Report 98-392. Senate Committee Hearings: Witness Testimony, by Thomas
P. Carr.
CRS Report RL30966, Congressional Access to Executive Branch Information:
Legislative Tools, by Louis Fisher.
CRS Report RL30240. Congressional Oversight Manual, by Louis Fisher et al.
CRS Report RL31836. Congressional Investigations: Subpoenas and Contempt
Power, by Louis Fisher.
CRS Report RS20023. Committee Funding and Staff in the Senate, by Paul S.
Rundquist.
CRS Report 95-464. Investigative Oversight: An Introduction to the Law, Practice
and Procedure of Congressional Inquiry
, by Morton A. Rosenberg.
CRS Report 98-489. Senate Committee Hearings: Preparation, by Richard C. Sachs.
CRS Report 98-775. Quorum Requirements in the Senate: Committee and Chamber,
by Richard C. Sachs
CRS Report 98-183. Senate Committees: Categories and Rules for Committee
Assignments, by Judy Schneider.
CRS Report 98-242. Committee Jurisdiction and Referral in the Senate, by Judy
Schneider.
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Oversight. Washington: The Brookings Institution, 1990.

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