Order Code RL30725
CRS Report for Congress
Received through the CRS Web
The First Day of a New Congress:
A Guide to Proceedings on the House Floor
Updated December 1, 2004August 17, 2005
Mildred Amer
Specialist in American National Government
Government and Finance Division
Congressional Research Service ˜{ The Library of Congress
The First Day of a New Congress:
A Guide to Proceedings on the House Floor
Summary
This report focuses on the floor activities of the House during its first formal
session in a new Congress, and serves as a guide for participating in or watching these
proceedings.
The House is not a continuing body. It ends at the conclusion of each two-year
Congress and must reconstitute itself at the beginning of the next Congress. Article
1, Section 2 of the Constitution sets terms for Members of the House at two years.
The House must choose its Speaker and officers and determine the chamber’s
internal rules every two years.
The Constitution mandates that Congress convene at noon on January 3, unless
it has earlier passed a law designating a different day. Although no officers have
been elected when the House first convenes, some officers from the previous
Congress perform certain functions.
The House follows a well-established first day routine of electing and swearing
in the Speaker, administering the oath of office to its Members, electing and swearing
in its administrative officers, and adopting its rules of procedure. It also establishes
its daily hour of meeting.
On opening day, the House usually adopts resolutions assigning its Members to
serve on committees. This process usually extends throughout January and often for
several more weeks. The committee assignment process occurs primarily within the
party groups — the Republican Conference and the Democratic Caucus.
Assignments cannot be considered on the House floor until both of these groups have
adopted rules governing committee assignments.
Other routine organizational business may also be taken up on the House floor
on the first day. The Speaker usually announces his policies on certain floor
practices; a resolution is adopted providing for a joint session of Congress to receive
the President’s State of the Union Message; and often a resolution is adopted to allow
a judge or a Member of Congress to administer the oath of office to Members-elect
who are absent due to illness or other reasons.
Some resolutions on opening day are dependent on specific circumstances and
do not occur at the beginning of each new Congress. In inaugural years, the House
must adopt a resolution to authorize the use of the Capitol for the inauguration
activities. At the outset of a new Congress following a presidential election, the
House must also adopt a resolution providing for the counting of electoral votes for
the President and Vice President of the United States by the new Congress.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The House Convenes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Election of the Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Swearing in of the Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Oath of Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Announcement of Party Leaders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Election of Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Notification to Other Body and to President . . . . . . . . . . . . . . . . . . . . . . . . . 6
Adoption of House Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Daily Meeting Time for the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Committee Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Other First-Day Floor Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1011
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 its Members, electing and swearing in its administrative
officers, and adopting its rules of procedure. Also, resolutions assigning Members
to committees may 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
terms for Members of the House at two years. Thus, the House ends at the
conclusion of each two-year Congress and must reconstitute itself at the beginning
of a new Congress.1
The House Convenes
The Constitution mandates that a new Congress convene at noon on January 3
each odd numbered year unless it has earlier passed a law designating a different day.
For example, the108ththe 109th convened on a different day (January 7, 2003) as did the104th
4, 2005); the108th
convened on January 7, 2003. The 104th through 106th Congresses convened on
on January 4, 1995, January 7, 1997, and January 6, 1999,
respectively. The 107th
Congress, however, convened on January 3, 2001. Although
no officers have been
elected when the House first convenes, some officers from the
previous Congress
perform certain functions. The previous Clerk of the House calls
the House to order
and presides over the chamber until the Speaker is sworn in. In
the absence of the
Clerk, the Sergeant at Arms performs this duty.2
The chaplain offers a prayer, and the Members-elect and their guests recite 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. In current practice, the roll is
not actually called by a clerk; the Members-elect record their presence by inserting
their official voting cards (obtained prior to opening day) in the chamber’s electronic
voting machines. Once the call of the roll is completed, a majority having registered
1
For information on convening of the House, see William Holmes Brown, “Assembly of
Congress,” in House Practice, A Guide to the Rules, Precedents, and Procedures of the
House of Representatives (Washington: GPO, 2003), pp. 157-165. For information on
organizational meetings held prior to the formal start of a new Congress, see CRS Report
RS21339, Congress’ Early Organizational Meetings, by Judy Schneider.
2
See House Rule II, clause 2, Sec. 641, Constitution, Jefferson’s Manual, and Rules of the
House of Representatives, 106th108th Cong., 2nd sess., H. Doc. 106-320107-284 (Washington: GPO, 2001).
CRS-2
2003).
CRS-2
voting machines. Once the call of the roll is completed, a majority having registered
their names, a quorum (218) is proved present. This action fulfills the requirements
of Article I of the Constitution that no business be conducted by the House without
a quorum being present. The clerkClerk then announces the election of the Resident
Commissioner from Puerto Rico (when applicable) and the Delegates (one each)
from the District of Columbia, Guam, the U.S. Virgin Islands, and American Samoa,3
and reports any deaths or resignations since the election.4
A quorum being present, the first order of official business is the election of the
presiding officer, the Speaker of the House of Representatives.5
Election of the Speaker
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, selected by the Republican Conference and the
Democratic Caucus, respectively, at their early organizational meetings.6 Debate on
the nomination
of candidates for Speaker is allowed but not customary.7 Instead, the
nominations 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 the
Members-elect call out the last names of their choices for Speaker when their
names names
are called by the Clerk. The Clerk appoints Members-elect to serve as
majority and minority tellers, usually two each, to ascertain the vote.8 The majority majority and
3
The Resident Commissioner from Puerto Rico serves a four-year term.
4
At the beginning of the 106th109th Congress, the clerk announced that he had received a letter
from Rep. Newt Gingrich, who announced that he would not seek reelection as Speaker of
the House or take his seat as a Member from the Sixth District of Georgia. See The clerk
[Jeffrey J. Trandahl], “Resignation As Member of the House of Representatives,”
Congressional Record, daily edition, vol. 145, Jan. 6, 1999, p. H2. In the 107th Congress,
the clerk announced the Clerk announced the death of Rep. Robert
Matsui of California since the last regular election for Representatives to the 109th Congress.
See The Clerk [Jeffrey J. Trandahl], “Announcement by the Clerk,” Congressional Record,
daily edition, vol. 151, Jan. 4, 2005, p. H2. In the 107th Congress, the Clerk announced the
death of Rep. Julian Dixon of California since the last regular
election for Representatives
to the 107th Congress. See The clerkClerk [Jeffrey J. Trandahl],
“Announcement by the Clerk,”
Congressional Record, daily edition, vol . 147, Jan. 3, 2001,
p. H2 p. H2. In the 106th Congress,
the Clerk announced that he had received a letter from Rep. Newt Gingrich, who announced
that he would not seek reelection as Speaker of the House or take his seat as a Member from
the Sixth District of Georgia. See The Clerk [Jeffrey J. Trandahl], “Resignation As Member
of the House of Representatives,” Congressional Record, vol. 145, Jan. 6, 1999, p. 42.
5
For more information on the Speaker, see CRS Report RL30857, Speakers of the House:
Elections, 1913-20012005, by James V. Saturno. See also House Rule I.
6
Although the Speaker has always been a Member of the House, this is not a requirement.
For example, at the commencement of the 105th Congress, two former Members, in addition
to the two party nominees and another incumbent Member, received votes for Speaker. In
the 107th and 108th- 109th Congresses, one incumbent Member other than the two party nominees
received a vote for Speaker.
7
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 the motion was tabled. See
Rep. Vic Fazio, remarks in the House, Congressional Record, daily edition, vol. 143, Jan.
7, 1997, pp. H2-H3.
8
Tellers are Members or clerks who count votes cast on the House floor. Vote totals are
announced but not the votes of individual Members.
CRS-3
party is able 7, 1997, pp.
115-116.
CRS-3
minority tellers, usually two each, to ascertain the vote.8 The majority party is able
to assure the election of its candidate because the vote is usually along
straight party
lines.9 The candidates, however, customarilyoften vote “present.”10
The following excerpts are the proceedings for the election of the Speaker in the
108th109 Congress.
th
ELECTION OF SPEAKER11
The CLERK. Pursuant to law and to precedent, the next order of business is the
election of the Speaker of the House of Representatives for the 108th109th Congress.
Nominations are now in order.
The Clerk recognizes the gentlewoman from Ohio (Ms. PRYCE).
Ms. PRYCE. Mr. Clerk, ... as chairman of the House Republican Conference,
I am directed by the unanimous vote of that conference, and am very honored
to present for election to the office of the Speaker of the House of
Representatives of the 108th109th Congress of the United States of America, the name
of the Honorable J. DENNIS HASTERT, a representativeRepresentative-elect from the State
of Illinois.
The CLERK. The Chair now recognizes the gentleman from New Jersey (Mr.
MENENDEZ).
Mr. MENENDEZ. Mr. Clerk, as chairman of the Democratic Caucus, I am
directed by the unanimous vote of that caucus to present for election to the office
of the Speaker of the House of Representatives for the 108th Congress ... , for the
first time in history, the name of a woman, the name of the 109th Congress ... the
Honorable NANCY
PELOSI, a representativeRepresentative-elect from the State of California.
The CLERK. The Honorable J. DENNIS HASTERT, a representative-elect from
Representative-elect
from the State of Illinois, and the Honorable NANCY PELOSI, a representative-elect
Representative-elect from the State of California, have been placed in
nomination.
Are there any further nominations?
There being no further nominations, the Clerk will appoint tellers.
The Clerk appoints the gentleman from Ohio (Mr. NEY), the gentlewoman from
California (Ms. WATERS), the gentlewoman from Connecticut (Mrs.
JOHNSON), and the gentleman from Texas (Mr. RODRIGUEZ)
8
Tellers are Members or clerks who count votes cast on the House floor. Vote totals are
announced but not the votes of individual Members.
9
Note that the Independent Members usually vote for one of the party candidates for
Speaker.
10
In the 105th Congress, one incumbent Member, who was not the nominee of either party
but who received a vote for Speaker, cast his vote for a former Member of the House. In the
108th Congressand 109th Congresses, the Democratic nominee for Speaker voted for herself.
11
All excerpts are taken from the Congressional Record, daily edition, vol. 149151, Jan. 7, 2003,
pp. H2-H3.
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The 4, 2005,
pp. H2-H3.
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The Clerk appoints the gentleman from Ohio (Mr. NEY), the gentleman from
California (Mr. LARSON), the gentlewoman from Connecticut (Mrs.
JOHNSON), and the gentlewoman from Ohio (Ms. KAPTUR).
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 choice.
The reading clerk will now call the roll.
The tellers having taken their places, the House proceeded to vote for the
Speaker.12
The CLERK. The tellers agree in their tallies that the total number of votes cast
is 434427, of which the Honorable J. DENNIS HASTERT of the State of Illinois
has received 228226, the Honorable NANCY PELOSI of the State of California has
received 201199, and the Honorable JOHN MURTHA of the Commonwealth of
Pennsylvania has received 1, with 41 recorded as “present.”
Therefore, the Honorable J. DENNIS HASTERT of the State of Illinois is duly
elected Speaker of the House of Representatives for the 108th109th Congress, having
received a majority of all votes cast.
Swearing in of the Speaker
Next, the newly elected Speaker, escorted by leaders of both parties and often
Representatives-elect from his home state, is introduced to the chamber by the
minority leader, who first delivers a short statement from the chair. The Speaker
often responds with a statement of his own and then takes the oath of office.13 By
precedent, the “dean” of the House, the most senior (longest-serving) Member
(regardless of party), administers the oath to the Speaker on the dais. His oath is
identical to that of the other Members.14
Oath of Office
After taking the oath, the Speaker administers the following oath of office to all
Members of the House, en masse, including the nonvoting Delegates and Resident
Commissioner:
I do solemnly swear that I will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely, without any mental
12
Prior to the voting for Speaker in the 106th Congress, a parliamentary inquiry was made by
by the Resident Commissioner from Puerto Rico and another Member-elect about the Delegates
Delegates in the House being allowed to cast ballots for Speaker. The Clerk announced,
however, that
“Representatives-elect are the only individuals qualified to vote in the election
of the
Speaker.”
13
In the 106th Congress, the Speaker broke with tradition and delivered his remarks from the
floor of the House rather than the dais. See Rep. Dennis Hastert, remarks in the House,
Congressional Record, daily edition, vol. 145, Jan. 6, 1999, pp. H4-H5.
14
Rep. John Dingell (D-MI) is the dean of the House in the 108th Congress.
CRS-5
109th Congress.
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I do solemnly swear that I will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely, without any mental
reservation or purpose of evasion, and that I will well and faithfully discharge the
duties of the office on which I am about to enter. So help me God.
This oath is mandated by Article VI of the Constitution, and its text is set by statute
(5 U.S.C. 3331).
Occasionally, the swearing in of a Member-elect is delayed. When this happens,
the Member-elect is sworn in at a later date in the House chamber or elsewhere by
someone designated by the Speaker. When the oath is not administered in the House
chamber, it is usually given by other Members or judges to Representatives-elect not
able to appear in person in the House. The locations have often been at other sites
in Washington, DC or other parts of the country.15
If the swearing in of a Member is challenged, the Speaker, pursuant to House
precedents, will ask this Member-elect to remain seated while the others are sworn
in. The House then determines the disposition of the challenge.16
15
In the 104th Congress, Rep. J.C. Watts of Oklahoma took his oath of office on Jan. 9, 1995,
in the House chamber. See The Speaker [Rep. Newt Gingrich], “Swearing in of the
Honorable J.C. Watts,” Congressional Record, vol. 141, Jan. 9, 1995, p. 842. In the 105th
105th Congress, the swearing in of Representatives-elect Frank Tejeda of Texas and
Julia Carson
of Indiana was delayed because of illness. Rep. Tejeda was sworn in Jan. 8,
1997, and Rep.
Carson on Jan. 9, 1997. Both were sworn in by federal judges outside
Washington, DC.
See Rep. Richard Gephardt, “Authorizing the Speaker or His Deputy to
Administer the Oath
to the Honorable Frank Tejeda and the Honorable Julia Carson,”
Congressional Record,
daily edition, vol. 143, Jan. 7, 1997, p. H29143-144. In the 106th Congress, two ill
Members, Reps., George
Miller, and Sam Farr, were sworn in at their California homes by
judges on Jan. 7, 1999, and
Jan. 8, 1999, respectively. Reps. Elton Gallegly and Fortney Stark of California and Alan
Mollohan of West Virginia took the oath of office on Jan. 19, 1999, in the House chamber.
Jan. 8, 1999, respectively. See Rep. Robert Menendez,
“Authorizing the Speaker or His Deputy to Administer the Oath
of Office to the Honorable
George Miller and the Honorable Sam Farr of California,”
Congressional Record, daily edition, vol. 145, Jan. 6, 1999, pp. H217-H218; and The
Speaker [J. Dennis Hastert], “Swearing in of Members-Elect,” Congressional Record, daily
edition,” Congressional Record, vol. 145,
Jan. 196, 1999, p. H247246. In the 107th Congress, Rep. Fortney Stark of
California and Rep. Luis Gutierrez of Illinois took the oath of office in the House chamber
on Jan. 6, 2001108th Congress, Rep. Darlene Hooley of Oregon took the oath
of office on Jan. 27, 2003, in the House chamber. See The Speaker [J. Dennis Hastert],
“Swearing in of MembersMember-Elect,”
Congressional Record, daily edition, vol. 147149, Jan. 3, 2001, p. H2927,
2003, p. H150. In the 108th Congress,
Rep. Darlene Hooley of Oregon109th Congress, Representatives Mike Honda, Tom Osborne, Luis
Guiterrez, and Chris Cannon took the oath of office on Jan. 27, 200325, 2005, in the House
chamber.
See The Speaker [J. Dennis Hastert], “Swearing in of Member-Elect,”
Congressional Members-Elect,” Congressional
Record, daily edition, vol. 149151, Jan. 27, 2003, p. H15025, 2005, p. H171.
16
This last occurred on Jan. 3, 1985, when the seating of Member-elect Richard McIntyre
of the Eighth Congressional District of Indiana was challenged. In that incident, the House
adopted a resolution referring the challenge to the House Administration Committee for
further examination. The Member-elect’s opponent, Frank McCloskey, was ultimately
seated. See William Holmes Brown, “Election Contests and Disputes,” in House Practice,
A Guide to the Rules and Procedures of the House of Representatives, pp. 475-480, and Rep.
pp. 475-480, and
Rep. James Wright, “Referring Election of a Member from the Eighth Congressional District
of of
Indiana to the Committee on House Administration,” Congressional Record, vol. 131,
Jan.
3, 1985, pp. 381-388.
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Announcement of Party Leaders17
After the Speaker administers the oath of office, he receives reports from the
chairmen of the two party organizations, the Republican Conference and the
Democratic Caucus, who announce their parties’ choices for majority and minority
leaders.
MAJORITY LEADER
Ms. PRYCE. Mr. Speaker, as chairman of the Republican Conference, I am
directed by that conference to notify the House officially that the Republican
Members have selected as their majority leader the gentleman from Texas, the
Honorable TOM DELAY.
MINORITY LEADER
Mr. MENENDEZ. Mr. Speaker, as chairman of the Democratic Caucus, I have
been directed to report to the House that the Democratic Members have selected
as minority leader the gentlewoman from California, the Honorable NANCY
PELOSI.
The chairmen then announce the names of those elected to serve as majority and
minority whips. The whips are the assistant floor leaders.
Election of Officers
Next, the House turns to the election of its administrative officers: chief
administrative officer, chaplainChief
Administrative Officer, Chaplain, Clerk, and Sergeant at Arms.18 The resolution
nominating the slate of candidates is offered by the chairman of the 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.19 Again, however, because of its numerical advantage, the
majority is able to defeat the minority substitute, and to adopt the resolution naming
its chosen candidates. Then, the Speaker administers the oath to the newly elected
officers.
Notification to Other Body and to President
The House then considers resolutions which 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 and clerk of the House,
17
The excerpts are taken from the Congressional Record, daily edition, vol. 149151, Jan. 7,
20034,
2005, p. H6.
18
In the 102nd Congress, the office of postmaster was abolished, and that of doorkeeper was
abolished in the 104th Congress. Their duties have been assumed by other officers.
19
Rep. Deborah Pryce, “Election of Clerk of the House, Sergeant at Arms, Chief
Administrative Administrative
Officer, and Chaplain,” Congressional Record, daily edition, vol. 149151, Jan.
7, 2003, p. H6.
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from them. Subsequently, the majority and minority leaders and clerk of the House,
4, 2005, p. H6.
CRS-7
as well as two Senators (usually the majority and minority leaders), appointed by the
Vice President, telephone the President with the news that the Congress is ready to
begin its work.
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 Congress are not binding on the next, the House usually approves its
rules by adopting en bloc the rules of the previous Congress with amendments.
Normally, prior to the first day of a new Congress, task forces of both the majority
and the minority party have worked on any changes they wish to implement in the
House’s standing rules. In modern times, the majority party’s rules package has
always prevailed.
The proposed rules are offered in the form of a House resolution. Since there
are then no existing House rules, the resolution is considered under “general
parliamentary law,” which the House interprets to mean the rules in force in the
preceding Congress.20 Debate is normally limited to one hour, and the majority party
manager traditionally yields half the time to the minority manager “for purposes of
debate only.”” to discuss an alternative proposal. Because of that stipulation, no
Member can offer an amendment to the
rules proposal, and atthe minority substitute
is not formally considered.
At the end of debate time, the majority manager moves the
previous question. previous question.
The majority party’s numerical advantage assures the adoption of this motion. The
effect is to force an immediate vote on the question of final approval of the majority’s
own pending rules package. Therefore, any opportunity for the minority to offer an
amendment is precluded.21 If that motion were defeated, the minority would be
entitled to
offer an amendment to the majority’s rules package. Normally, this does
not happen,
and the rules are usually adopted on a party-line roll-call vote.22 If the
20
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 William Holmes Brown,
“Assembly of Congress,” in House Practice, A Guide to the Rules and Procedures of the
House of Representatives, pp. 163-164.
21
Because the rules of the House in the last Congress apply generally, the minority party
is given the right to offer a motion to commit the rules package to committee for further
examination. While this motion traditionally loses, it does give the minority party the
opportunity to include “instructions” to the committee for changes in the text of the
proposed rules. These instructions are, in essence, an amendment, which typically contains
selected portions of the minority’s rules package. The outcome, however, remains certain:
the majority party rules prevail.
22
In 1971, the “previous question” motion to end debate on H.Res. 5 was defeated by a
bipartisan coalition which sought to drop from the rules package a proposal permitting the
automatic discharge of a measure from the Rules Committee if that committee had not acted
on it within 31 days. This coalition voted against ordering the “previous question” motion.
Thereafter, the 31 day rule was removed from the rules package by floor amendment, and
the rules package passed overwhelmingly. It should be noted that the consideration of
(continued...)
CRS-8
rules package If the rules package
were to be defeated, the House would continue to operate under general
general parliamentary law until another rules package was adopted.
In the 104th Congress, with a change in party control for the first time in some
40 years, there were major changes in the House rules.2023 These included term limits
for the Speaker (no more than four consecutive Congresses) as well as for committee
and subcommittee chairs (no more than three consecutive Congresses). A ban on
proxy voting in committees and subcommittees was also adopted. In addition, the
House modified its sunshine rules to provide for more open committee sessions;
voted to require a three-fifths majority vote for all tax increases; mandated a
comprehensive House audit and other administrative reforms; and abolished some
committees, renamed others, and consolidated jurisdictions.2124
In the 105th Congress, the House approved a more modest rules package.2225
Included was a provision allowing the incumbent members of the House Committee
on Standards of Official Conduct to finish a pending investigation by serving on a
20
Rep. Richard Armey, “Rules of the House,” Congressional Record, vol. 141, Jan. 4,
1995, pp. 462-530.
21
For more information, see CRS Report 95-187, Committee System Rules Changes in the
House, 104th Congress, by Judy Schneider.
22
Rep. Richard Armey, “Rules of the House,” Congressional Record, daily edition, vol. 143,
Jan. 7, 1997, pp. H8-H27.
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temporary Select Committee on Ethics through January 21, 1997. The new rules also
prohibited the distribution of campaign contributions on the House floor, provided
for the development of a system of drug testing for Members, officers, and
employees, clarified voting on increases in income tax rates, and required nongovernmental agencies testifying before House committees to provide a list of federal
grants and contracts received in the past three years. In addition, the name of the
Committee on Economic and Educational Opportunities was changed to the
Committee on Education and the Workforce.2326
At the commencement of the 106th Congress, the House adopted its rules in a
recodified, substantially revised format.2427 This was the first comprehensive revision
of its rules since 1880, and the number of rules was cut nearly in half. Included in
the rules changes were provisions to encourage committees to plan oversight
activities before the convening of a new Congress, establishment of a limit of six
subcommittees for committees that maintain an oversight committee, and two ethicsrelated changes. One requires committee consultants to abide by the Code of Official
22
(...continued)
H.Res. 5 was delayed by one day by unanimous consent, and the House operated under
“general parliamentary law” for most of the two session days. See “Rules of the
House,”Congressional Record, vol. 117, Jan. 21, 1971, pp. 13-15; and “Rules of the
House,”Congressional Record, vol. 117, Jan. 22, 1971, pp. 132-144.
23
Rep. Armey, “Rules of the House,” Congressional Record, vol. 141, Jan. 4, 1995, pp.
462-530.
24
For more information, see CRS Report 95-187, Committee System Rules Changes in the
House, 104th Congress, by Judy Schneider.
25
Rep. Armey, “Rules of the House,” Congressional Record, vol. 143, Jan. 7, 1997, pp.
121-141.
26
For more information, see CRS Report 97-138, Committee System Rules Changes in the
House, 105th Congress, by Judy Schneider.
27
Rep. Armey, “Rules of the House,” Congressional Record, vol. 145, Jan. 6, 1999, pp. 47235.
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Conduct, and the other conforms House rules to the Supreme Court decision relating
to honoraria.2528
In addition, the names of three committees were changed. The House Oversight
Committee was renamed the Committee on House Administration; the Committee
on Government Reform and Oversight was renamed the Committee on Government
Reform; and the Committee on National Security was renamed the Committee on
Armed Services.2629
With the adoption of the rules for the 107th Congress, the House abolished the
Committee on Banking and Financial Services and replaced it with a new Committee
on Financial Services; renamed the Committee on Commerce to the Committee on
Energy and Commerce; required enhanced oversight planning by committees;
repealed the automatic public debt measure rule (Rule 23) to now require a vote on
any measure to change the public debt limit; and amended the House gift rule to
clarify that it applies to all House employees.27
23
For more information, see CRS Report 97-138, Committee System Rules Changes in the
House, 105th Congress, by Judy Schneider.
24
Rep. Richard Armey, “Rules of the House,” Congressional Record, daily edition, vol. 145,
Jan. 6, 1999, pp. H6-H207.
25
United States v. National Treasury Employees Union, 513 U.S. 454 (1995).
26
For more information, see CRS Report RS20017, Committee System: Rules Changes in the
House, 106th Congress, by Judy Schneider.
27
Rep. Richard Armey, “Rules of the House,” Congressional Record, daily edition, vol. 147,
Jan. 3, 2001, pp. H6-H18. For more information, see CRS Report RS20769, Committee
System: Rules Changes in the House, 107th Congress, by Judy Schneider; CRS Report
RS20782, House Rules Changes Affecting Floor Proceedings in the 107th Congress, by
Stanley Bach.
CRS-930
The rules adopted for the 108th Congress included changes that resulted from the
terrorist attacks of September 11, 2001.2831 Rule I, clause 8(b) was amended to require
the Speaker to submit to the clerk of the House a list of Members to assume his
responsibilities in the event of a vacancy; Rule I, clause 12 was amended to permit
the Speaker to declare an emergency recess in the event of an impending threat to the
safety of Congress; a Select Committee on Homeland Security was established; and
under a new provision of Rule XX, clause 5, the Speaker, without appeal, can adjust
the number needed for a quorum.
In the 108th Congress, the House also repealed the term limit on the Speaker;
adjusted its rules regarding the motion to instruct conferees and the admission of
electronic devices on the floor; reinstated as Rule 27 the automatic public debt rule,
the so-called Gephardt rule, to no longer require a separate vote on any measure to
change the public debt limit; and included several changes to the chamber’s conflict
of interest and gift rules.
Before the adoption of its rules, the House operates under general parliamentary
law, as modified by certain traditional House rules and practices.29 This practice has
been interpreted to mean the rules of the House applicable in the previous Congress.
Pursuant to this principle, the one-hour rule of debate is utilized. In the one hour of
debate controlled by the majority party to discuss its rules package, the minority uses
an allotted share of the time to discuss an alternative proposal. However, the
minority substitute is never formally offered.
The majority party offers a motion for the previous question at the end of the
one hour of debate on its own package. Its numerical advantage assures the adoption
of this motion. The effect is to force an immediate vote on the question of final
passage of the majority’s own pending rules package. Therefore, any opportunity on
the part of the minority to offer an amendment is precluded.
Again, in accordance with the principle that the rules of the House in the last
Congress apply generally, the minority party is given the right to offer a motion to
commit the rules package to committee for further examination. While this motion
traditionally loses, it does give the minority party the opportunity to include
“instructions” to the committee for changes in the text of the proposed rules. These
instructions are, in essence, an amendment, which typically contains selected portions
of the minority’s rules package. The outcome, however, remains certain: the majority
party rules prevail.
28
Rep. Tom Delay, “Rules of the House,” Congressional Record, daily edition, vol. 149, Jan.
7, The rules package for the 109th Congress included several changes to the House
Ethics rules and floor procedures as well the establishment of the standing
28
United States v. National Treasury Employees Union, 513 U.S. 454 (1995).
29
For more information, see CRS Report RS20017, Committee System: Rules Changes in
the House, 106th Congress, by Judy Schneider.
30
Rep. Armey, “Rules of the House,” Congressional Record, daily edition, vol. 147, Jan.
3, 2001, pp. H6-H18. For more information, see CRS Report RS20769, Committee System:
Rules Changes in the House, 107th Congress, by Judy Schneider; CRS Report RS20782,
House Rules Changes Affecting Floor Proceedings in the 107th Congress, by Stanley Bach.
31
Rep. Delay, “Rules of the House,” Congressional Record, daily edition, vol. 149, Jan. 7,
2003, pp. H6-H23. See also CRS Report RS21388, House Rules Changes Affecting Floor
Proceedings in the 108th Congress, by Elizabeth Rybicki; CRS Report RS21382, Committee
System Rules Changes in the House, 108th Congress, by Judy Schneider; and CRS Report
RS21439, House Ethics Rules Changes for the 108th Congress, by Mildred Amer.
29
For a summary of the procedures the House follows in the brief period of time it is in
session to the formal adoption of its own rules, see William Holmes Brown, “Assembly of
Congress,” pp. 163-164.
CRS-10
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Committee on Homeland Security.32 The ethics changes provide for limited use of
campaign funds for official expenses, tighter restrictions on sending franked mailings
before an election, and an expansion of the rule for governing companions on
officially connected travel.33
Other 109th Congress modifications were: adding Wednesdays to the permissible
days for considering suspensions motions, repeal of the corrections calendar,
amending the rules of decorum and debate to allow references to the Senate, and new
procedures for reducing the number of Members of the House needed for a quorum
in case of a catastrophic event.
Daily Meeting Time for the House
The House establishes its daily hour of meeting by a resolution which must be
renewed each session of Congress. The resolution is normally offered by the
chairman of the House Rules Committee.
Committee Organization
The committee assignment process occurs largely within the party groups — the
Republican Conference and the Democratic Caucus. The only action visible on the
chamber floor is the adoption of resolutions which implement the committee
nominations agreed upon by the conference and the caucus. The adoption of both
resolutions is routine and occurs without amendment, because of the tacit
understanding that each party has a right to establish its own internal distribution of
work without amendment from the other.
Committee assignments cannot be considered on the House floor until both the
Republican Conference and the Democratic Caucus have adopted their own rules
governing committee assignments. The House takes up some of the assignment
resolutions on opening day, but their consideration extends throughout January and
often for several additional weeks.
For the 108th109th Congress, only the majority party’s resolution (H.Res. 6) and the
minority party’s resolution (H.Res. 7)
designating membership on the House Rules
Committee werewas adopted on the first day,
January 7, 2003.304, 2005.34 Remaining committee
assignment resolutions were acted on through March.
through March.
32
Rep. Delay, “Rules of the House,” Congressional Record, daily edition, vol. 151, Jan. 4,
2005, pp. H7-H31. See also CRS Report RL32772, House Rules Changes Affecting Floor
Proceedings in the 109th Congress, by Thomas Carr and Elizabeth Rybicki; CRS Report
RS22018, Committee System Rules Changes in the House, 109th Congress, by Judy
Schneider; and CRS Report RS22021, House Rules Changes Affecting the Congressional
Budget Process in the 109th Congress, by Bill Heniff, Jr.
33
For more information, see CRS Report RS22034, House Ethics Rules Changes in the 109th
Congress, by Mildred Amer.
34
Rep. Pryce, “Election of Members to Committee on Rules,” Congressional Record, daily
edition, vol. 151, Jan. 4, 2005, p. H31.
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Other First-Day Floor Actions
Other routine organizational business may be taken up on the House floor on the
first day. For example, the Speaker customarily announces his policies with respect
to certain floor practices for the duration of the Congress. Resolutions are often
adopted designating certain minority party employees to special pay status, providing
for a joint session of Congress to receive the President’s State of the Union message,
and providing for conditional adjournments of the House. Resolutions of condolence
on the death of any Member that occurred subsequent to the last adjournment of the last
Congress may also be considered.
Some resolutions are dependent on specific circumstances and do not occur on
the first day of every new Congress. For example, following a presidential election,
the House must adopt a resolution providing for the counting of electoral votes for
the President and Vice President by the new Congress, continue the Joint
30
Rep. Deborah Pryce, “Election of Majority Members to the Committee on Rules,”
Congressional Record, daily edition, vol. 149, Jan. 7, 2003, p. H20; and Rep. Steny Hoyer,
“Election of Minority Members to the Committee on Rules,” Congressional Record, daily
edition, vol. 149, Jan. 7, 2003, p. H20.
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Congressional Committee on Inaugural Ceremonies, and authorize the use of the
Capitol for inaugural activities.3135
On the first day of the 106th Congress, the House adopted a resolution (H.Res.
10) appointing the authorizing managers and implementing the necessary procedures
for the impeachment trial of President William Clinton.3236
After the House has completed its initial organizational proceedings, it may then
turn to the routine business which normally completes its legislative day. This
includes the introduction of bills and resolutions, the receipt of messages from the
President, and one-minute and special order speeches.
31
3235
36
Congressional Record, daily edition, vol. 147151, Jan. 3, 20014, 2005, pp. H19H32-H33.
Rep. Henry Hyde, “Providing for Certain Appointments and Procedures Relating to the
Impeachment Proceedings,” Congressional Record, daily edition, vol. 145, Jan. 6, 1999, pp.
H211-H217 240-245.