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

Betsy Palmer
Analyst on Congress and the Legislative Process

Congressional hearings are the principal formal method by which committees collect and analyze information during the legislative policymaking process. 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 conduct a hearing, in part because the committees 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. 

Committee members and staff usually plan extensively for hearings. Early planning activities commonly include collecting background information; 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. 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, scheduling a hearing reporter, and arranging for there to be a video or audio recording of the proceeding or a written transcript that will be available to the public soon after the event. 

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, committee staff 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.


Date of Report: March 18, 2010
Number of Pages: 25
Order Number: RL30548
Price: $29.95

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