The First Day of a New Congress: A Guide to Proceedings on the House Floor




The First Day of a New Congress:
A Guide to Proceedings on the House Floor

Updated December 15, 2022
Congressional Research Service
https://crsreports.congress.gov
RL30725




The First Day of a New Congress: A Guide to Proceedings on the House Floor

Summary
Article 1, Section 2 of the Constitution sets a term of office of two years for all Members of the
House. One House ends at the conclusion of each two-year Congress, and the newly elected
Representatives must constitute a new House at the beginning of the next Congress.
Consequently, the House must choose its Speaker and officers and adopt the chamber’s rules of
procedure every two years.
The Constitution mandates that Congress convene at noon on January 3, unless the preceding
Congress by law designated a different day. Although no officers will have been elected when the
House first convenes, officers from the previous Congress perform certain functions, such as
conducting the election of the Speaker.
The House follows a well-established first-day routine. The proceedings include—
 a call to order by the Clerk of the House;
 a prayer led by the Chaplain and the Pledge of Allegiance led by the Clerk;
 a quorum call ordered by the Clerk;
 the election of the Speaker, ordered by the Clerk and conducted with the
assistance of tellers;
 remarks by the Speaker-elect, followed by his or her swearing-in by the dean of
the House;
 the oath of office for the newly elected and re-elected Members, administered by
the Speaker;
 adoption of the rules of the House for the new Congress;
 adoption of various administrative resolutions and unanimous consent
agreements; and
 announcement of the Speaker’s policies on certain floor practices.
On opening day, the House often adopts resolutions assigning some or many of its Members to
committees. This process regularly continues over several more weeks. The committee
assignment process occurs primarily within the party groups—the Republican Conference and the
Democratic Caucus. Other routine organizational business may also be taken up on the House
floor on the first day, such as adoption of a resolution to allow a judge or a Member of Congress
to administer the oath of office to one or more Members-elect who are absent.
Some resolutions on opening day are dependent on specific circumstances and do not occur at the
beginning of each new Congress. At the outset of a new Congress following a presidential
election, the House and Senate must adopt a resolution agreeing to meet to count the electoral
votes cast for President and Vice President.
For an explanation of proceedings occurring on the first day in the Senate, see the companion
report: CRS Report RS20722, The First Day of a New Congress: A Guide to Proceedings on the
Senate Floor
.
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Contents
Introduction ..................................................................................................................................... 1
The House Convenes ....................................................................................................................... 1
Election of the Speaker .................................................................................................................... 2
Swearing-in of the Speaker ............................................................................................................. 4
Oath of Office for Members-Elect................................................................................................... 5
Announcement of Party Leaders ..................................................................................................... 6
Election of Officers ......................................................................................................................... 6
Notification to the Senate and the President .................................................................................... 7
Adoption of House Rules of Procedure ........................................................................................... 7

Separate Orders and Other Components ................................................................................... 8
Special Orders ........................................................................................................................... 9
Speaker’s Announcements ........................................................................................................ 9
Legislative Protocols ............................................................................................................... 10
Memoranda of Understanding Between Committees ............................................................. 10

Daily Meeting Time for the House ................................................................................................. 11
Morning Hour ................................................................................................................................. 11
Extension of Remarks .................................................................................................................... 11
Alternate Meeting Place ................................................................................................................. 11
Committee Organization ............................................................................................................... 12
Other First-Day Floor Actions ....................................................................................................... 12

Counting Electoral Votes ......................................................................................................... 12
Other First-Day Business ........................................................................................................ 13

Contacts
Author Information ........................................................................................................................ 13


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The First Day of a New Congress: A Guide to Proceedings on the House Floor

Introduction
The House of Representatives follows a well-established routine on the opening day of a new
Congress. The proceedings include electing and swearing in the Speaker, swearing in Members,1
electing and swearing in House administrative officers, and adopting rules of procedure and
various administrative resolutions. Resolutions assigning some or many Members to committees
may also be adopted.
The House must take these actions at the beginning of each new Congress because it is not a
continuing body. Article 1, Section 2 of the Constitution sets a term of office for Members of the
House at two years. Thus, one House ends at the conclusion of each two-year Congress, and the
newly elected Representatives must constitute a new House at the beginning of a new Congress.2
The House Convenes
The Twentieth Amendment to the Constitution directs that a new Congress convene at noon on
January 3 in each odd-numbered year, unless the preceding Congress by law has designated a
different day for the new Congress’s convening. For example, on November 20, 2014, the 113th
Congress completed action on H.J.Res. 129, setting the convening date for the 114th Congress as
January 6, 2015. The joint resolution was signed into law by President Obama on December 4
(P.L. 113-201). Congressional leaders planned that the 115th, 116th, and 117th Congresses would
convene January 3, obviating the need for a law to set the date.3
In recent years, it has been the exception rather than the rule for a new Congress to begin on
January 3. Nine of the past 14 Congresses began on a date other than January 3:
 104th Congress (January 4, 1995),
 105th Congress (January 7, 1997),
 106th Congress (January 6, 1999),
 108th Congress (January 7, 2003),
 109th Congress (January 4, 2005),
 110th Congress (January 4, 2007),
 111th Congress (January 6, 2009),
 112th Congress (January 5, 2011), and
 114th Congress (January 6, 2015).

1 See CRS Report R41946, Qualifications of Members of Congress, coordinated by L. Paige Whitaker (available to
congressional clients upon request).
2 For information on the convening of the House, see Charles W. Johnson, John V. Sullivan, and Thomas J. Wickham
Jr., “Assembly of Congress,” in House Practice, A Guide to the Rules, Precedents, and Procedures of the House of
Representatives
(Washington, DC: GPO, 2017), pp. 155-163. (Hereinafter, House Practice.)
3 The House concluded the 114th Congress pursuant to the terms of H.Res. 944, agreed to in the House December 7,
2016. The resolution permitted the chair (the Speaker or the Speaker pro tempore) to set dates for pro forma sessions
through January 3, 2017. See also Niels Lesniewski, “That’s a Wrap for the 114th Congress,” CQ Roll Call, December
12, 2016, available at http://www.cq.com/doc/senatewatch-5003248?12&search=zNGDbVWv.
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The 107th, 113th, 115th, 116th, and 117th Congresses convened on January 3, 2001; January 3, 2013;
January 3, 2017; January 3, 2019; and January 3, 2021, respectively.4
Although no officers of the House will have been elected when the House first convenes, officers
from the previous Congress perform certain functions.5 The previous Clerk of the House calls the
House to order and presides over the chamber until the Speaker is elected and sworn in. In the
absence of the Clerk, the Sergeant at Arms performs this duty.6
After the Clerk calls the Representatives-elect to order, the Chaplain offers a prayer.7 The Clerk
leads the Members-elect and their guests8 in reciting the Pledge of Allegiance. The Clerk then
directs a reading clerk to call the roll of all Members-elect to establish that a quorum is present.9
In current practice, the roll is not actually called by a clerk; rather, the Members-elect record their
presence by inserting their official voting cards (obtained prior to or on opening day) in the
chamber’s electronic voting machines. Once the call of the roll is completed, a majority having
registered their names, a quorum (218, if no vacancies) is indicated. This action fulfills the
requirements of Article I, Section 5 of the Constitution that a quorum be present to conduct
business.
The Clerk then announces the election of the Resident Commissioner from Puerto Rico (when
applicable, since the Resident Commissioner’s term is four years) and of the Delegates—one
person from the District of Columbia and one person from each of the territories of Guam, the
U.S. Virgin Islands, the Northern Mariana Islands, and American Samoa.10 The Clerk also reports
any deaths or resignations since the election.
A quorum being present, the first order of official business is the election of the Speaker of the
House of Representatives.11
Election of the Speaker12
The candidates for Speaker are nominated from the floor by the leaders of their respective parties.
Traditionally, there is one candidate from the majority party and one from the minority party,

4 No law like P.L. 113-201 was enacted to set the convening date of these Congresses because their convening was
planned for the constitutionally anticipated date of January 3.
5 See CRS Report 98-396, Guide to Individuals Seated on the House Dais, by Valerie Heitshusen.
6 See House Rule II, cl. 2, in Constitution, Jefferson’s Manual, and Rules of the House of Representatives of the United
State, One Hundred Seventeenth Congress
, prepared by Thomas J. Wickham, H.Doc. 116-177, 115th Cong., 2nd sess.
(Washington, DC: GPO, 2021). (Hereinafter, House Rules and Manual.)
7 A guest chaplain might also offer this prayer, as occurred in 2017 when the Very Reverend Paul Ugo Arinze offered
the prayer. In 2019 and 2021, the Reverend Emanuel Cleaver, a Member-elect from Missouri, offered the opening
prayer.
8 In recent Congresses, children under 12 years of age have been permitted to accompany Members on the floor for the
opening-day ceremonies.
9 All Members-elect whose credentials have been received by the Clerk are included in the first roll call on opening day
to establish a quorum. Delegates-elect and the Resident Commissioner, however, are not included in this roll call. See
“Status and Rights of Members-elect” in House Practice, pp. 159-160.
10 By law, the term of service of Delegates is also two years, but the term of service of the Resident Commissioner is
four years. See CRS Report R40555, Delegates to the U.S. Congress: History and Current Status, by Jane A.
Hudiburg.
11 Prior to conducting the election of the Speaker, the retiring Clerk of the House addressed the chamber on opening
day in 1995. See “Farewell Remarks of the Honorable Donnald K. Anderson,” address to House, Congressional
Record
, vol. 141, part 1 (January 4, 2001), p. 440.
12 See CRS Report RL30857, Speakers of the House: Elections, 1913-2021, by Valerie Heitshusen; and CRS Report
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The First Day of a New Congress: A Guide to Proceedings on the House Floor

selected by the Republican Conference and the Democratic Caucus at their early organizational
meetings. Individual Members-elect may place other names in nomination. Debate on the
nomination of candidates for Speaker is allowed but not customary.13 Instead, the nominations are
followed immediately by a “viva voce” roll-call vote, that is, a vote in which the Members-elect
respond orally to the calling of their names. In this vote, the Members-elect call out the last name
of their choice for Speaker when their names are called by a reading clerk. The Clerk appoints
Members-elect to serve as majority and minority tellers, usually two each, to ascertain the vote.14
So long as nearly all of the majority party’s members vote for its candidate, the majority party is
able to assure its candidate’s election because the vote is likely to be almost exclusively along
party lines.15 The candidates themselves, however, sometimes vote “present” or do not vote.16
The following excerpt is from the proceedings for the election of the Speaker in the 117th
Congress.17
ELECTION OF SPEAKER
The CLERK. Pursuant to law and precedent, the next order of business is the election of
the Speaker of the House of Representatives for the 117th Congress. Nominations are now
in order. The Clerk recognizes the gentleman from New York (Mr. Jeffries).
Mr. JEFFRIES. Madam Clerk… I rise today, at the direction of the House Democratic
Caucus, to place the name of the Honorable Nancy Pelosi, Representative-elect from the
great State of California, by way of Charm City, into nomination for election to the position
of Speaker of the United States House of Representatives …
The CLERK. The Clerk recognizes the gentlewoman from Wyoming (Ms. Cheney).
Ms. CHENEY. Madam Clerk…it is my high honor today to have the great privilege to
nominate the gentleman from California (Mr. McCarthy) to lead us in that work as Speaker
of the United States House of Representatives…
The CLERK. The names of the Honorable Nancy Pelosi, a Representative-elect from the
State of California, and the Honorable Kevin McCarthy, a Representative-elect from the
State of California, have been placed in nomination. Are there further nominations?
There being no further nominations, the Clerk appoints the following tellers:
The gentlewoman from Ohio (Ms. Kaptur);

R44243, Electing the Speaker of the House of Representatives: Frequently Asked Questions, by Valerie Heitshusen.
See also CRS Report 97-780, The Speaker of the House: House Officer, Party Leader, and Representative, by Valerie
Heitshusen.
13 At the commencement of the 105th Congress, the chair of the Democratic Caucus rose to “a question of the highest
constitutional privilege” to offer a resolution calling for the postponement of the election of the Speaker until the
completion of a pending investigation. His resolution proposed the election of an interim Speaker, but was ruled out of
order by the Clerk. The appeal of the Clerk’s ruling was tabled by vote of the House. See Rep. Vic Fazio, House
debate, Congressional Record, vol. 143, part 1 (January 7, 1997), pp. 115-116.
14 Tellers are Members or clerks who count, or record and count, votes cast. See “Election of Speaker,” Congressional
Record
, daily edition, vol. 165 (January 3, 2019), p. H2.
15 The Speaker is elected by a majority, not a plurality, of votes cast by Members-elect. See House Rules and Manual, §
27, p. 14.
16 In the 113th, 114th, 115th, 116th, and 117th Congresses, Rep.-elect Nancy Pelosi, as the Democratic nominee, voted for
herself, as did Rep.-elect Kevin McCarthy in the 116th and 117th Congresses. Rep.-elect John Boehner (113th and 114th
Congresses) and Rep.-elect Paul Ryan (115th Congress), as the Republican nominees in those Congresses, did not vote.
See “Election of Speaker,” Congressional Record, daily edition, vol. 163 (January 3, 2017), pp. H3-H4. In the 110th
Congress, both party nominees for Speaker voted for themselves. See “Election of Speaker,” Congressional Record,
vol. 153, part 1 (January 4, 2007), p. 3.
17See “Election of Speaker,” Congressional Record, daily edition, vol. 163 (January 3, 2017), pp. H2-H4.
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The gentleman from Illinois (Mr. Rodney Davis);
The gentlewoman from California (Ms. Lofgren); and
The gentlewoman from North Carolina (Ms. Foxx).
The tellers will come forward and take their seats at the desk in front of the Speaker’s
rostrum.
The roll will now be called, and those responding to their names will indicate by surname
the nominee of their choosing.
The Reading Clerk will now call the roll.
The tellers having taken their places, the House proceeded to vote for the Speaker.
...
The CLERK. The tellers agree in their tallies that the total number of votes cast is 427, of
which the Honorable Nancy Pelosi of the State of California has received 216, the
Honorable Kevin McCarthy of the State of California has received 209, the Honorable
Tammy Duckworth of the State of Illinois has received 1, the Honorable Hakeem Jeffries
of the State of New York has received 1.
Therefore, the Honorable Nancy Pelosi of the State of California, having received a
majority of the votes cast, is duly elected Speaker of the House of Representatives for the
117th Congress.
Swearing-in of the Speaker
After the Speaker’s election, the Clerk appoints a bipartisan committee to escort the Speaker-elect
to the Speaker’s chair on the dais. The Speaker-elect is escorted by leaders of both parties and,
often, by Representatives-elect from his or her home state. He or she is introduced to the chamber
by the minority leader, who might deliver a statement from the chair. The Speaker may make a
statement of his or her own and then takes the oath of office.18 By precedent, the dean of the
House, the most senior (longest-serving) Member, regardless of party, administers the oath to the
Speaker.19 That oath is identical to that of the other Members. (See “Oath of Office for Members-
Elect.”
)
The Speaker during the day’s proceedings delivers a letter to the Clerk listing Members in the
order in which they may act as the Speaker pro tempore, should a vacancy occur in the office,
until a new Speaker is elected.20

18 Reps. Nancy Pelosi and Kevin McCarthy, “Swearing in of Speaker,” remarks in House, Congressional Record, daily
edition, vol. 167 (January 3, 2021), pp. H5-H7. In the 106th Congress, the Speaker-elect broke with tradition and
delivered his remarks from the floor of the House rather than the dais. See Rep. Dennis Hastert, “Election of the
Speaker,” Congressional Record, vol. 145, part 1 (January 6, 1999), pp. 44-45.
19 Rep. Don Young (R-AK) was the dean of the House at the beginning of the 117th Congress and served in this
capacity until his death on March 18, 2022. Rep. Young’s House service began on March 6, 1973. Rep. Harold D.
Rogers (R-KY), first elected to the House on January 3, 1981, is the current dean of the House.
20 See “Announcement by the Speaker Pro Tempore,” letter, Congressional Record, daily edition, vol. 167 (January 3,
2021), p. H38; and House Rule I, cl. 8(b)(3)(B).
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Oath of Office for Members-Elect
After taking the oath, the Speaker administers the oath to all Members of the House, en masse,
including the nonvoting Delegates and Resident Commissioner. The Speaker directs the
Representatives-elect to rise and raise their right hands. The oath, which follows, is stated in the
form of a question, to which the newly elected Members respond in the affirmative:
[Do you] I do solemnly swear (or affirm) that [you] I will support and defend the
Constitution of the United States against all enemies, foreign and domestic; that [you] I
will bear true faith and allegiance to the same; that [you] I take this obligation freely,
without any mental reservation or purpose of evasion; and that [you] I will well and
faithfully discharge the duties of the office on which [you] I am about to enter[?]. So help
[you] me God.21
An oath is mandated by Article VI of the Constitution, and its text is set by statute (5 U.S.C.
3331).22 As the Members-elect raise their right hands, they are not required to hold anything in
their left hands. Many have held a family Bible or another religious text in their left hands, but
there is no requirement that anything be held when the oath is taken.
The same is true for Representatives who re-enact the event with their families and the Speaker in
the Speaker’s office after the formal ceremony. Many Members choose to hold something
meaningful in their left hands. These objects have often been, but are not limited to, a family
heirloom or something else of special significance. Nothing, however, is required. It is up to the
Member to determine what, if anything, he or she holds.23 While photography is not permitted of
the swearing-in on the House floor, ceremonial swearing-ins may be photographed or recorded.
Members who were not present when all Members were sworn in might take the oath in the
House chamber later on opening day.24 Occasionally, the swearing-in of a Member-elect is
delayed because of illness or other circumstances. When that happens, the Member-elect is sworn
in at a later date in the House chamber or elsewhere by someone designated by the Speaker. The
oath of office may be administered by another Member or by a judge. The location has been at
sites in Washington, DC, other than the Capitol and in other parts of the country.
If the swearing-in of a Member is challenged, the Speaker, pursuant to House precedents, will ask
the Member-elect to remain seated while the others are sworn in. The House then determines the
disposition of the challenge.25

21 “Swearing In of Members,” oath of office, Congressional Record, daily edition, vol. 167 (January 3, 2021), p. H8.
22 The President’s oath is set forth in the Constitution (U.S. Const. art. II, § 1, cl. 7).
23 In the 110th Congress, for example, Rep.-elect Keith Ellison of Minnesota, the first Muslim elected to Congress, used
a Quran when he re-enacted his swearing-in with the Speaker. See “First Muslim Lawmaker Takes Oath With Quran,”
USA Today, January 5, 2007, p. 3; and Gail Feinberg and the Library of Congress, “Members Borrow Historic Books
from the Library,” The Gazette, vol. 18, January 12, 2007, pp. 3-5. In 2008, Rep.-elect André Carson of Indiana, the
second Muslim elected to Congress, used a copy of the House Rules and Manual for his ceremonial swearing-in after
he was sworn in following election to a vacant seat in the 110th Congress. See Emily Heil and Anna Palmer, “Carson’s
Jeffersonian Moment,” Roll Call, March 17, 2008, p. 19.
24 Once a Member-elect has been sworn in, he or she may vote on all subsequent questions. If a Member misses a vote
on opening day or any other occasion, he or she might want to make known a position on the question. See “Personal
Explanation,” in House Practice, p. 963.
25 On January 3, 1985, for example, the seating of Rep.-elect Richard McIntyre of the Eighth Congressional District of
Indiana was challenged. In that incident, the House adopted a resolution (H.Res. 1), declining to seat McIntyre and
referring the challenge to the House Administration Committee for further examination. The Member-elect’s opponent,
Frank McCloskey, was ultimately seated. See “Election Contests and Disputes,” in House Practice, pp. 491-496; and
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Announcement of Party Leaders
After the Speaker administers the oath of office, he or she receives reports from the chairs of the
two party organizations, the Democratic Caucus and the Republican Conference, who announce
their parties’ choice for majority leader and minority leader.
Mr. JEFFRIES. Madam Speaker, as chair of the Democratic Caucus, I am directed to report
to the House that the Democratic Members have selected as majority leader the gentleman
from Maryland, the Honorable STENY HOYER.
Ms. CHENEY. Madam Speaker, as chair of the Republican Conference, I have been
directed to report to the House that the Republican Members have selected as minority
leader the gentleman from California, the Honorable KEVIN MCCARTHY.26
The party chairs then announce the names of those elected to serve as majority and minority
whips.27
Election of Officers
The House next turns to the election of its administrative officers: Clerk, Sergeant at Arms, Chief
Administrative Officer, and Chaplain. A simple resolution nominating the slate of candidates is
offered by the chair of the caucus or conference of the majority party. The minority party
proposes its own roster of candidates as an amendment to the majority party’s resolution. By
tradition, neither the resolution nor the amendment is debated, although the slate can be divided
with a separate vote on any or all officers.28 Again, because of its numerical advantage, the

Rep. James Wright, “Referring Election of a Member from the Eighth Congressional District of Indiana to the
Committee on House Administration,” Congressional Record, vol. 131, part 1 (January 3, 1985), pp. 381-388.
In contrast, Rep.-elect Vern Buchanan of Florida’s Thirteenth Congressional District was seated pending the outcome
of a contested election. In response to a parliamentary inquiry before Members-elect were sworn, the Speaker stated:
“The seating of this Member-elect is entirely without prejudice to the contest over the final right to that seat that is
pending under the [Federal Contested Elections Act] and will be reviewed in the ordinary course in the Committee on
House Administration.” See “Swearing in of Members,” oath of office, Congressional Record, vol. 153, part 1 (January
4, 2007), p. 5. Similarly, Rep.-elect Loretta Sanchez was seated without prejudice to the House’s ultimate
determination of the winner of the election in the Forty-sixth District of California. See “Swearing In of Members,”
oath of office, Congressional Record, vol. 143, part 1 (January 7, 1997), p. 120.
See also CRS Report RL33780, Procedures for Contested Election Cases in the House of Representatives, by L. Paige
Whitaker. Additional discussion also appears in an out-of-print report, available to congressional clients from its
author: CRS Report 98-194, Contested Election Cases in the House of Representatives: 1933 to 2011, by L. Paige
Whitaker. Regarding qualifications of Members of the House, see CRS Report R41946, Qualifications of Members of
Congress
, coordinated by L. Paige Whitaker (available to congressional clients upon request).
26 See “Majority Leader” and “Minority Leader,” announcement, Congressional Record, daily edition, vol. 165
(January 3, 2019), p. H7. See also CRS Report RL30665, The Role of the House Majority Leader: An Overview, by
Walter J. Oleszek; and CRS Report RL30666, The Role of the House Minority Leader: An Overview, by Mark J.
Oleszek.
27 The Democratic Caucus chair also announces the selection of the Assistant Speaker. See “Majority Whip” and
“Minority Whip and Assistant Speaker,” announcement, Congressional Record, daily edition, vol. 167 (January 3,
2021), p. H9. See also CRS Report RS20881, Party Leaders in the House: Election, Duties, and Responsibilities, by
Valerie Heitshusen.
28 Traditionally, a Member asks for a division so that there will be a separate vote on the chaplain; the minority does
not then include an alternate chaplain in its amendment. See “Electing Officers of the House of Representatives,”
House debate, Congressional Record, daily edition, vol. 167 (January 3, 2021) p. H9.
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majority is usually able to defeat the minority substitute and to adopt the resolution naming its
chosen candidates. The Speaker administers the oath to the newly elected officers.29
Notification to the Senate and the President
The House adopts simple resolutions to formally notify the Senate and the President that it has
elected its leaders, is assembled, and is ready to receive messages from them. Subsequently, the
majority and minority leaders as well as two Senators (usually the majority and minority leaders)
telephone the President with the news that Congress has assembled and is ready to begin its work.
The Clerk of the House is also authorized by resolution to inform the President that the House has
selected its Speaker and Clerk.30
Adoption of House Rules of Procedure
The next order of business is the adoption of the rules of the House. Although the rules of one
House do not carry over to the next House, a newly elected House typically approves its rules by
adopting the rules of the previous Congress with specific amendments.31 In a departure from the
practice most frequently followed, in the 117th Congress, the adoption of the rules package was
undertaken on the second day of the Congress instead of on January 3. Traditionally, prior to the
first day of a new Congress, majority and minority Rules Committee members and possibly other
party groups have worked on any changes the majority or minority wish to implement in the
House’s standing rules.32 With the majority party’s numerical advantage, its rules package, as
presented, prevails.
The majority’s proposed rules are offered in the form of a House simple resolution, often
numbered H.Res. 5, although in the 117th Congress, the resolution was number 8.33 Since there
are at that time no existing House rules, the resolution is considered under “general parliamentary
law,” which the House interprets to resemble in large part the rules in force in the preceding
Congress.34 Debate is normally limited to one hour, although the time might be extended by
unanimous consent, and the majority party floor manager of the resolution traditionally yields

29 Ibid. See also CRS Report RL33220, Support Offices in the House of Representatives: Roles and Authorities, by Ida
A. Brudnick; CRS Report R41807, House and Senate Chaplains: An Overview, by Ida A. Brudnick; CRS Report
RS20544, The Office of the Parliamentarian in the House and Senate, by Valerie Heitshusen; and CRS Report
RS22890, House Office of General Counsel, by Matthew E. Glassman.
30 See “To Inform the Senate That a Quorum of the House Has Assembled and of the Election of the Speaker and the
Clerk,” “Authorizing the Speaker To Appoint a Committee To Notify the President of the Assembly of the Congress,”
and “Authorizing the Clerk To Inform the President of the Election of the Speaker and the Clerk,” Congressional
Record
, daily edition, vol. 167 (January 3, 2021), pp. H9.
31 For the 117th Congress rules resolution debate, see “Rules of the House,” House debate, Congressional Record, daily
edition, vol. 167 (January 4, 2021), pp. H13-H36. In the 106th Congress, for the first time in over 100 years, the House
recodified its rules. The majority and minority had worked together in the prior Congress on the recodification. The
majority also offered several amendments to the recodified rules. See “Rules of the House,” House debate,
Congressional Record, vol. 145, part 1 (January 6, 1999), pp. 47-235.
32 See CRS Report RL30787, Parliamentary Reference Sources: House of Representatives, by Gail E. Baitinger.
33 On a few occasions, the House has first adopted a special rule governing consideration of that Congress’s rules
resolution. In the 104th, 110th, and 116th Congresses, for example, these special rules were numbered H.Res. 5 and the
rules resolutions were numbered H.Res. 6. See also CRS Report 98-354, How Special Rules Regulate Calling up
Measures for Consideration in the House
, by Richard S. Beth.
34 For a summary of the procedures the House follows in the brief period of time it is in session prior to the formal
adoption of its own rules, see “Assembly of Congress,” in House Practice, pp. 155-163.
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half the debate time “for purposes of debate only” to the minority floor manager. Participants in
the debate discuss the majority’s proposal and any minority-party alternative proposal.35
At the end of debate time, the majority manager moves the previous question. The majority
party’s numerical advantage assures the adoption of this debate-ending motion. The effect is to
force a nearly immediate vote on the question of final approval of the majority’s own rules
package. Adoption of the previous question motion ends debate and prevents the minority from
actually offering its alternative rules package.36 Nonetheless, the minority still has the ability to
offer a motion to commit with instructions, that is, one more chance to offer an amendment to the
majority’s rules resolution.37 With its numerical majority, the majority party is able to prevail in
defeating a motion to commit, if offered, and, then, in adopting its rules resolution.
Separate Orders and Other Components
In addition to allowing the adoption of the previous House’s rules with specific amendments to
those rules, a rules resolution may include other provisions that govern additional House action or
activities. Such provisions typically appear as the final sections of the rules resolution, may be
extensive, and may be labeled as separate orders, additional orders, or even with a specific name.
In the 117th Congress rules resolution (H.Res. 8), for example, Section 3 was labeled Separate
Orders; Section 4 was labeled Committees, Commissions, and House Offices; and Section 5 was
labeled Orders of Business.38 Additional titles of the resolution reestablished a Select Committee
on the Modernization of Congress and reauthorized House intervention in pending litigation.
The separate orders in Section 3 of H.Res. 8 pertained to House rules (e.g., granting deposition
authority to most House committees) and rules in rulemaking statutes (e.g., the War Powers
Resolution and the Congressional Budget Act). These separate orders and other orders departed
from or interpreted these rules in a specific manner and were applicable for the first session of the
117th Congress or for the duration of the 117th Congress.
The provisions related to committees, commissions, and House offices in Section 4 of the 117th
Congress rules resolution continued the existence for the 117th Congress of resolutions from prior
Congresses that created the House Democracy Partnership, the Tom Lantos Human Rights
Commission, and the Office of Congressional Ethics. The House needed to formally indicate that

35 The prospective chair of the Rules Committee, who manages debate for the majority, inserts an explanation of the
proposed rules changes in the Congressional Record. See Rep. James McGovern, “H.Res. 8,” insert, Congressional
Record
, daily edition, vol. 167 (January 4, 2021), pp. H23-H29. See also CRS Report RS22991, Speaking on the House
Floor: Gaining Time and Parliamentary Phraseology
, by Elizabeth Rybicki.
36 If the minority has an amendment to the majority’s rules resolution, the minority floor manager asks Members to
defeat the previous question so that the minority may offer its amendment. In the 115th Congress, for example, the
minority’s amendment would have added a new paragraph to Rule XXI (“Restrictions on Certain Bills”). The
amendment would have prohibited the House from considering a bill, joint resolution, amendment, or conference report
that adversely affected health benefits in one of seven ways or that reduced taxes for very wealthy taxpayers or
increased taxes for 80% of the population that was comparatively the least wealthy. See Rep. Louise Slaughter, House
debate “An Amendment to H.Res. 5 Offered by Ms. Slaughter of New York,” daily edition, vol. 163 (January 3, 2017),
pp. H25-H26.
37 A “motion to commit” is a motion to send to committee a matter that had not previously been referred to a
committee. A “motion to recommit” is a motion to send back to committee a matter that had been reported from the
committee. See Walter Kravitz, Congressional Quarterly’s American Congressional Dictionary, 3rd ed. (Washington,
DC: CQ Press, 2001), pp. 45-46 and 205.
38 Other provisions as well as similar ones appeared in House rules resolutions in preceding Congresses.
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these resolutions were in effect since a simple resolution normally expires at the end of the
Congress in which it is adopted.
An additional order in Section 5 provided various “recess instructions” commonly adopted by the
House when it expects to be out of session for a specific time period—for example, permitting the
Speaker to appoint Members to perform the duties of the chair in the opening weeks of the
Congress.39
Special Orders
The terms special order and special rule are used somewhat interchangeably.40 In either case, a
special rule may make in order House consideration of a measure and establish the terms of the
measure’s debate and amendment, among other provisions. It might also alter specific rules of the
House only for the consideration of one or more measures identified in the special order, perhaps
permitting an action that would otherwise be prohibited. When the majority party wishes to begin
moving quickly in a new Congress on legislation, it might include in the rules resolution special
orders making in order the consideration of specified measures or temporarily altering specific
rules to allow the consideration of a specified measure.
In the 117th Congress, Section 5 of H.Res. 8 permitted motions to suspend the rules to be made at
any time through the legislative day of January 28, 2021.41 Without this order, the motion could
be made only on Mondays, Tuesdays, and Wednesdays. A similar provision in Section 5 of H.Res.
5 in the 112th Congress applied to a resolution to be considered on Thursday, January 6, 2011, that
reduced salaries and expenses authorized for Member, committee, and leadership offices. This
provision also expanded the debate time of 40 minutes under the rule on suspension of the rules
to 2 hours.42
In the 111th Congress, Section 5 of H.Res. 5 made in order the consideration of H.R. 11, the Lilly
Ledbetter Fair Pay Act, and H.R. 12, the Paycheck Fairness Act, and set the terms for the
measures’ debate. The House agreed to H.Res. 5 on January 6, 2009. On January 9, it considered
H.R. 11 and H.R. 12 under the terms of the special order included in H.Res. 5, and passed the
bills.
In the 110th Congress, special orders were included in H.Res. 6 providing for the consideration of
H.R. 1, pertaining to recommendations of the 9/11 Commission; H.R. 2, relating to the minimum
wage; H.R. 3, governing stem cell research; and H.R. 4, authorizing the Secretary of Health and
Human Services to negotiate drug prices under Medicare Part D.
H.Res. 5 in the 106th Congress made in order consideration of a resolution to amend the House
gift rules (H.Res. 9). H.Res. 6 in the 104th Congress made in order the consideration of H.R. 1, the
Congressional Accountability Act.
Speaker’s Announcements
On the day of convening or shortly thereafter, the Speaker customarily announces the Speaker’s
policies with respect to certain floor practices for the duration of the Congress. These policies are

39 The same provision has appeared in a number of biennial House rules resolutions.
40 See CRS Report 98-354, How Special Rules Regulate Calling up Measures for Consideration in the House, by
Richard S. Beth.
41 The House subsequently amended its standing rules to permit such motions on any day of the week.
42 See CRS Report 98-314, Suspension of the Rules in the House: Principal Features, by Elizabeth Rybicki.
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grounded in authority or discretion granted the Speaker in the rules. The 10 policies in effect for
the 117th Congress address—
 privileges of the floor,
 introduction of bills and resolutions,
 unanimous consent requests for the consideration of legislation,
 recognition for one-minute speeches,
 recognition for special-order speeches,
 decorum in debate,43
 conduct of votes by electronic device,44
 use of handouts on the House floor,
 use of electronic equipment on the House floor,45 and
 use of the House chamber.46
Legislative Protocols
In recent Congresses, the majority leader has initiated a set of written protocols to guide the
scheduling or consideration of legislation during a two-year Congress. The protocols cover
matters involving the content of authorization bills, the availability of measures scheduled for
consideration under the suspension of the rules procedure, and other items. Both parties’ rules
also contain guidance on scheduling or considering legislation. For example, both parties’ rules
contain guidance on legislation qualifying to be considered under the suspension of the rules
procedure. These protocols and party rules are not printed in the Congressional Record.47
Memoranda of Understanding Between Committees
The Speaker, the chair of the Rules Committee, or the chairs of relevant committees might submit
memoranda of understanding for printing in the Congressional Record. These memoranda most
often provide guidance on the referral of legislation where an ambiguity is present, possibly
triggered by a change in rules. In the 114th Congress, for example, the Speaker inserted three
memoranda of understanding between the chair of the Judiciary Committee and, respectively, the
chairs of the Agriculture, Energy and Commerce, and Ways and Means Committees.48 In adopting

43 Discussion of decorum in debate appears in House Practice, pp. 407-430.
44 For background on voting in the House, see CRS Report 98-988, Voting and Quorum Procedures in the House of
Representatives
, coordinated by Elizabeth Rybicki; and House Practice, pp. 937-970.
45 In the 115th Congress, the Speaker pro tempore also addressed a rule change relating to electronic devices in an
announcement earlier in the day’s proceedings and responded to a parliamentary inquiry following the announcement.
“Announcement by the Speaker Pro Tempore,” parliamentary inquiry, Congressional Record, daily edition, vol. 163
(January 3, 2017), p. H28.
46 See, “Announcement by the Speaker Pro Tempore,” Congressional Record, daily edition, vol. 167 (January 4, 2021),
pp. H38-H41
47 For protocols for the 117th Congress, see Majority Leader Steny Hoyer’s website at https://www.majorityleader.gov/
content/117th-congress-legislative-protocols. The House Republican Conference’s rules are available at
https://www.gop.gov/conference-rules-of-the-117th-congress/. House Democratic Caucus rules are available at
https://www.dems.gov/imo/media/doc/DEM_CAUCUS_RULES_117TH_April_2021.pdf.
48 Speaker John A. Boehner, “Memoranda of Understanding between the Committee on the Judiciary and the
Committees on Agriculture, Energy and Commerce, and Ways and Means,” Extension of Remarks, Congressional
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H.Res. 5, the House made a change in the Judiciary Committee’s jurisdiction by adding the
phrase “and criminalization” to the committee’s jurisdiction over “criminal law enforcement.”49
The change was intended to “cover measures that alter the elements of a crime so as to
criminalize new conduct and, in so doing, trigger an existing criminal penalty.” Measures
reported from committees other than Judiciary with these kinds of provisions had affected the
scope of the Judiciary Committee’s jurisdiction over criminal law enforcement.50
The Speaker, alternatively, might include a policy statement in the Speaker’s announcements for a
Congress.51
Daily Meeting Time for the House
The House establishes its daily hour of meeting for the first session of the new Congress by a
simple resolution. It must therefore be renewed for the next session of Congress.52
Morning Hour
The House by unanimous consent allows a period preceding House sessions called Morning
Hour. In Morning Hour, Members may speak up to five minutes on topics of their choice.53
Extension of Remarks
To eliminate a routine daily unanimous consent request, the House agrees by unanimous consent
at the beginning of a Congress that Members may publish remarks and include supporting
information in the Extension of Remarks section of the Congressional Record.54
Alternate Meeting Place
The House adopts a concurrent resolution (H.Con.Res. 1, 117th Congress) by unanimous consent
to allow the Speaker and the majority leader of the Senate (or their designated representatives) to
notify the Members of the House and Senate to assemble outside of Washington, DC, if
circumstances require it.55

Record, daily edition, vol. 161 (January 6, 2015), p. E1.
49 Section 2(b)(2)(A) of H.Res. 5, agreed to in the House January 6, 2015.
50 See the explanation of the rule change and the full quotation at Rep. Pete Sessions, “H.Res. 5,” insert, Congressional
Record
, daily edition, vol. 161 (January 5, 2015), pp. H12-H14.
51 See, for example, Speaker Dennis Hastert, “Memorandum of Understanding between Energy and Commerce
Committee and Financial Services Committee,” insert, Congressional Record, vol. 147, part 1 (January 20, 2001), p.
163, which was later followed by “Announcement by the Speaker Pro Tempore,” Congressional Record, vol. 151, part
1 (January 4, 2005), p. 71.
52 See “Fixing the Daily Hour of Meeting of the First Session of the One Hundred Seventeenth Congress,” House
debate, Congressional Record, daily edition, vol. 167 (January 4, 2021), p. H37.
53 See “Making in Order Morning-Hour Debate,” unanimous consent, Congressional Record, daily edition, vol. 167
(January 4, 2021), p. H37.
54 See “Granting Members Permission To Extend Remarks and Include Extraneous Material in the Congressional
Record during the 117th Congress,” unanimous consent, Congressional Record, daily edition, vol. 167 (January 4,
2021), p. H37.
55 See “Regarding Consent To Assemble Outside the Seat of Government,” House debate, Congressional Record, daily
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Committee Organization
The committee assignment process occurs largely within the party groups—the Republican
Conference and the Democratic Caucus. The conference and the caucus have their own rules
governing committee assignments. The only action visible on the chamber floor is the adoption of
simple resolutions that implement the committee nominations recommended by the conference
and the caucus. The adoption of such resolutions is routine and occurs without debate or
amendment because of the tacit understanding that each party has a right to establish its own
internal distribution of committee assignments. The House may take up one or more assignment
resolutions on opening day, but the consideration of additional assignment resolutions extends
throughout January and possibly for several additional weeks.56
The House typically in March adopts a funding resolution for its committees. Interim funding
through March would have been provided by the House in the preceding Congress.57
Other First-Day Floor Actions
Other routine organizational business may be taken up on the House floor on the first day.
Concurrent resolutions may be adopted providing for a joint session of Congress to receive the
President’s State of the Union message, or providing for an adjournment of the House and
Senate.58 The Speaker and minority leader might make appointments to commissions,
committees, or other offices.59 A resolution of condolence on the death of a Member that occurred
subsequent to the adjournment of the last Congress may also be considered.60
Counting Electoral Votes
Some resolutions are dependent on specific circumstances that might not occur in every new
Congress. For example, following a presidential election, the new House adopts resolutions
providing for the counting by the new Congress of electoral votes cast for the President and Vice

edition, vol. 167 (January 4, 2021), p. H37.
56 See, for example, the two entries labeled “Electing Members to Certain Standing Committees of the House of
Representatives,” House debate, Congressional Record, daily edition, vol. 167 (January 4, 2021), pp. H36-H37.
57 If the House creates a new committee in its rules resolution, it might provide interim funding. See, for example,
“Providing Amounts for Interim Expenses of the Committee on Homeland Security in the First Session of the 109th
Congress,” House debate, Congressional Record, vol. 151, part 1 (January 4, 2005), pp. 71-73. See also, CRS Report
RL32794, House Committee Funding: Process and Historical Appropriations and Authorizations, by Ida A. Brudnick.
58 See, for example, “Providing for a Conditional Recess or Adjournment of the Senate and an Adjournment of the
House of Representatives,” House debate, Congressional Record, vol. 157, part 1 (January 7, 2011), p. 106.
59 See “Appointment of Members to House Office Building Commission,” “Reappointment of Individuals to the United
States-China Economic and Security Review Commission,” announcement, Congressional Record, daily edition, vol.
167 (January 4, 2021), p. H37. See also, “Authorizing the Speaker, Majority Leader and Minority Leader to Accept
Resignations and Make Appointments during the 117th Congress,” unanimous consent, Congressional Record, daily
edition, vol. 167 (January 4, 2021), p. H37.
60 See, for example, “Expressing Sorrow of the House at the Death of the Honorable Robert T. Matsui, Member of
Congress from the State of California,” Congressional Record, vol. 151, part 1 (January 4, 2005), pp. 84-103. See also
“Expressing Profound Regret and Sorrow of the House on the Death of Gerald R. Ford, 38th President of the United
States of America,” Congressional Record, vol. 153, part 1 (January 4, 2007), p. 493.
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President of the United States;61 continuing the Joint Congressional Committee on Inaugural
Ceremonies; and authorizing the use of the Capitol and its grounds for inaugural activities.62
Other First-Day Business
After the House has completed its initial organizational proceedings, it might then turn to
legislative or routine business, which normally completes its legislative day. Routine business
might include the introduction of bills and resolutions,63 receipt and referral of messages from the
President and executive agencies,64 receipt of messages from the Senate,65 one-minute and
special-order speeches,66 and notices and announcements required by House rule or regulation.67




Author Information

Christopher M. Davis

Analyst on Congress and the Legislative Process


61 By law (3 U.S.C. 15), the House and Senate meet to count the electoral votes on January 6 at 1:00 p.m. in the House
chamber, following the previous month’s meeting of the electors. On the opening day of the 115th Congress, the House
concurred in S.Con.Res. 2, providing for the joint meeting on January 6, 2017. In 2013, January 6 fell on a Sunday. The
112th Congress enacted a change in the law applicable only to the counting of electoral votes following the 2012
presidential election, setting the date of the joint session as January 4, 2013 (H.J.Res. 122; P.L. 112-228). See also CRS
Report RL32717, Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by
Members of Congress
, coordinated by Elizabeth Rybicki and L. Paige Whitaker.
62 The 116th Congress agreed on May 6, 2020, to create the Joint Committee on Inaugural Ceremonies to make
arrangements for the presidential inauguration in January 2021 (S.Con.Res. 38).
63 The rules resolution typically includes an order reserving bill numbers (for the first session or for both sessions of a
Congress) for the majority (H.R. 1-H.R. 10) and the minority (H.R. 11-H.R. 20). A sponsor with his or her party
leadership’s agreement may introduce a bill within this allotment at any time and may designate one of the remaining
numbers to be assigned to it. See Section 103(e) of H.Res. 6, agreed to in the House January 3, 2019. See also CRS
Report R46603, Bills, Resolutions, Nominations, and Treaties: Characteristics and Examples of Use, by Jane A.
Hudiburg; and CRS Report 95-563, The Legislative Process on the House Floor: An Introduction, by Christopher M.
Davis.
64 See “Executive Communications, Etc.,” Congressional Record, daily edition, vol. 167 (January 3, 2021), p. H10.
65 See “Message From the Senate,” Congressional Record, daily edition, vol. 163 (January 3, 2017), p. H28.
66 See, for example, “Special Orders,” Congressional Record, vol. 153, part 1 (January 4, 2007), pp. 43-58.
67 See, for example, the notice of receipt of a subpoena at “Communication from Chief of Staff of Hon. John M.
Shimkus, Member of Congress,” Congressional Record, vol. 149, part 1 (January 7, 2003), p. 22; “Communication
from the Clerk of the House,” Congressional Record, daily edition, vol. 163 (January 3, 2017), p. H34; and
“Announcement by the Speaker Pro Tempore,” announcement of the whole number of the House, Congressional
Record, daily edition, vol. 163 (January 3, 2017), p. H36.
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Acknowledgments
Mildred Amer, Judy Schneider, and Michael L. Koempel, all former CRS specialists on the Congress,
authored earlier versions of this report.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
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