Senate Committee Hearings: Witness Testimony







Prepared for Members and Committees of Congress



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......................................................................................................1
Oral Testimony..........................................................................................................................1
Questioning Witnesses..............................................................................................................2
Printing Hearings......................................................................................................................2
Author Contact Information............................................................................................................2





itnesses 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 W


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.
The individual rules adopted by committees generally 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 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)). The requirement might be waived, for example, 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.


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 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 chairman to extend or limit the time of
such statements.
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.



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.
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.
Betsy Palmer
Analyst on the Congress and Legislative Process
bpalmer@crs.loc.gov, 7-0381