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. A committee can expand upon Rule XXVI. 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; 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. 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 in policymaking and oversight. In order 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. The rules of the Committee on Health, Education, Labor and Pensions contain an addendum with additional hearing guidelines requiring the full committee and its subcommittees to provide each member of the committee with the time, place, and subject matter of the hearing seven days prior to the public notice of a hearing as well as a list of witnesses three days in advance. Briefing books frequently contain questions or talking points for Senators to use in opening statements and in examining witnesses. Two important matters are reserving a hearing room and arranging early in the planning stage for a reporter of debates. 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. Closing a Hearing

The vast majority of committee hearings are open to the public, as required under Senate rules. A hearing, like other committee meetings, may, however, be closed for specific reasons stated in Senate rules (Rule XXVI, paragraph 5(b)). The Senate rules also contain a specific procedure for closing a hearing. 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. Senate rules provide a procedure whereby a committee may direct its staff to prepare a daily digest of the written statements submitted by witnesses. Summaries can be distributed to committee members and the press. Many hearings are printed.
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.
This report will be updated as events warrant.