Order Code RS20544
Updated June 13, 2008
The Office of the Parliamentarian
in the
House and Senate
Valerie Heitshusen
Analyst on the Congress and the Legislative Process
Government and Finance Division
TheJuly 14, 2010
Congressional Research Service
7-5700
www.crs.gov
RS20544
CRS Report for Congress
Prepared for Members and Committees of Congress
The Office of the Parliamentarian in the House and Senate
T
he House and the Senate each has an Office of the Parliamentarian to provide
expert expert
advice and assistance on questions relating to the meaning and application of that
chamber’s legislative rules, precedents, and practices. The Speaker began naming a
parliamentarian in 1927; the Senate first recognized its parliamentarian in 1935. At
present, the
House parliamentarian is assisted by a deputy, four assistants, and twothree clerks.
The Senate office
currently comprises the parliamentarian, two senior assistant
parliamentarians, the assistant
parliamentarian, and the parliamentary assistant.1
The responsibilities of the two offices are similar. These derive from the need of
Representatives Representatives
and Senators, and their staff, for access to confidential and nonpartisan
expertise regarding the
intricacies of the legislative process. The parliamentarians and
their assistants/deputies make their
authoritative knowledge available to all members on
the floor during plenary sessions and from
their offices at all other times.
The most visible service that each office provides is in advising the Member
presiding over
House or Senate plenary sessions as to the appropriate procedure to be
followed, the appropriate
way in which to phrase any statements the chair needs to make,
and the appropriate responses by
the chair to parliamentary inquiries and points of order.
Whenever the House or Senate is in
session, the parliamentarian or one of the office’s
deputies/assistants is present on the floor at all
times. In the House, the parliamentarian
on duty sits or stands near the right hand of the Member
who is presiding. In the Senate,
the parliamentarian on duty always is seated at the rostrum
immediately below the
presiding officer’s desk.
Because of the complexity of the legislative procedures that govern the floor sessions
of each
house, Representatives and Senators have long felt the need for expert
professional assistance,
especially for those called upon to preside. The parliamentarians
and their staffs provide this
assistance in several ways. For routine situations and
situations that can be anticipated in advance,
the office may prepare written guidance for
the Members who are presiding to inform them as to
what they are expected to say or do
1
This report was written by former CRS Senior Specialist Stanley Bach, but has been updated
by the current author, who is available to answer inquires on the topic.
CRS-2
to implement the applicable procedures of that house. In other
circumstances, the
parliamentarians convey their advice verbally to the presiding Representative
or Senator
— —for example, when that Member needs to respond to a parliamentary inquiry or rule
on a point of order.
As a staff official, neither parliamentarian is empowered to make decisions that are
binding on the
House or Senate. The parliamentarians and their deputies/assistants only
offer advice that the
presiding Representative or Senator may accept or reject; individual
Members may appeal
rulings. For more information on appeals, see CRS Report 98-306,
Points of Order, Rulings, and
Appeals in the Senate and CRS Report 98-307, Points of
Order, Rulings, and Appeals in the
House of Representatives, both by Valerie Heitshusen.
The House and Senate parliamentarians and their deputies/assistants have various
other, closely
related, duties. They recommend the referral of most measures to
committee, acting on behalf of
the Speaker of the House or the presiding officer of the
Senate. They refer measures on the basis
of House and Senate rules and precedents that
define committee jurisdictions. Each office of the
parliamentarian also is responsible for
maintaining, compiling, and publishing the rules and
precedents of its chamber. The
publications for which the Senate office is responsible include the
Standing Rules of the
Senate, published periodically, and Riddick’s Senate Procedure, the one-volume
onevolume collection of precedents last published in 1992. The House office prepares the biennial
editions of the House Rules and Manual, additional volumes in the multi-volume
compilation of
Congressional Research Service
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The Office of the Parliamentarian in the House and Senate
Deschler-Brown Precedents, and the one-volume House Practice: A Guide
to the Rules,
Precedents and Procedures of the House, a new edition of which was
published in 2003.
The parliamentarians and their deputies/assistants in each house also are available
to confer with
all Members and their legislative staff about the meaning and application
of their chamberschamber’s rules
and precedents. For example, Members and staff may consult
with the parliamentarian before
introducing a bill to gain insight into how that bill might
be referred to committee. Members and
staff also may seek explanations, either during
floor sessions or in preparation for them, about
what procedures may be available or
invoked during House or Senate consideration of a
particular measure, amendment, or
motion. Although the office of the parliamentarian is not
responsible for providing
procedural assistance during House or Senate committee meetings, they
can offer (in
advance or during such meetings) interpretation of House or Senate rules that are
applicable during committee proceedings.
The House and Senate parliamentarians and their deputies/assistants are charged with
providing providing
information and assistance to all Representatives and Senators, and their staffs,
on a strictly
nonpartisan and confidential basis. Organizationally, the office of the Senate
parliamentarian is
within the Office of the Secretary of the Senate, whom the Senate elects
at the recommendation
of the majority leader. The Speaker appoints the parliamentarian
of the House. of the House.
Author Contact Information
Valerie Heitshusen
Analyst on Congress and the Legislative Process
vheitshusen@crs.loc.gov, 7-8635
Acknowledgments
This report was written by former CRS Senior Specialist Stanley Bach, but has been updated by the current
author, who is available to answer inquires on the topic.
Congressional Research Service
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