Hearings in the U.S. Senate: A Guide for Preparation and Procedure

Publication Date: August 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

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 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.