Order Code RS20722
Updated October 29, 2008
The First Day of a New Congress: A Guide to
Proceedings on the Senate Floor
Mildred L. AmerJudy Schneider
Specialist on the Congress
Government and Finance DivisionMichael L. Koempel
Senior Specialist in American National Government
December 1, 2010
Congressional Research Service
7-5700
www.crs.gov
RS20722
CRS Report for Congress
Prepared for Members and Committees of Congress
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
Summary
The Senate follows a well-established routine on the opening day of a new
Congress. The
proceedings include swearing in new members, administrative business,
and election of the President pro tempore, the constitutionally mandated officer elected
to preside over the chamber in the absence of the Vice President. Other first day
activities are dependent on specific circumstances and do not occur on the first day of
every new Congress. Once these proceedings are completed, the Senate may then turn
to routine business. The Senate committee assignment process begins prior to the
convening of a new Congress and continues throughout the beginning days of a new
Congress.
Article I, Section 2 of the Constitution provides for a system of staggered six-year
terms for Senators, one-third of their terms expiring at the conclusion of each Congress.
Thus, the Senate is a continuing body and does not have to reorganize itself each new
Congress and adopt new rules and elect new leaders as does the House of
Representatives. Any changes in Senate leadership take place in the party conferences
prior to the opening day, and there are no floor votes to ratify these changes.
The Senate Convenes1
The Constitution (20th Amendment, Section 2) mandates that a new Congress
convene at noon on January 3 in each odd numbered year, unless it has earlier passed a
law designating a different day. The 111th Congress will convene on January 6, 2009.2
In recent years, it has been the exception rather than the rule for a new Congress to begin
on January 3. Six out of the last seven Congresses — 104th ( January 4, 1995), the 105th
(January 7, 1997), the 106th (January 6, 1999), the 108th Congress (January 7, 2003), the
1
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 P.L. 110-430 enacted on Oct. 15, 2008.
CRS-2
109th (January 4, 2005) and the 110th (January 4, 2007) — convened on another date.
Only for the 107th Congress was the beginning date unchanged.
The Vice President normally presides when the Senate first convenes, and the Senate
chaplain offers a prayer. The Vice President then announces the receipt of the certificates
and credentials of election of the newly elected Senators. The reading of these documents
is waived, and they are subsequently printed in full in the Congressional Record.3
Oath of Office
The first order of business in a new Senate is the swearing in of newly elected
Senators, including reelected incumbents. Before this action is taken, however, the
Majority Leader sometimes provides a brief history of the oath of office and the two
leaders give welcoming remarks.4 If there are any contested elections, the leadership may
provide a brief status report and plan for their resolution.5 Then, the Vice President calls
the newly elected Senators to the front of the chamber in alphabetical order in groups of
four to take the oath and to “subscribe to the oath” in the official oath book.6 Each
Senator is often accompanied by the other Senator from the same state, the Senator he or
she is replacing, or a former Senator.7
The oath, which is the same for Representatives, is as follows:
I do solemnly swear (or affirm) 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).
When Senators take the oath, they raise their right hand to swear or affirm the oath,
repeating after the Vice President. Many have held a family bible or other sacred text in
their left hands.8 There is no requirement of any kind that a bible or anything else be used
when the oath is taken. The same is true for Senators who re-enact the event with their
families in the old Senate chamber with the Vice President after the formal ceremony.
3
The Vice President, “Certificates of Election and Credentials,” Congressional Record, daily
edition, vol. 153, Jan. 4, 2007, pp. S1-S4.
4
Sen. Lott, “The Oath We Take,” Congressional Record, vol. 143, Jan. 7, 1997, pp. 4-5.
5
See, for example, the last contested Senate election: Sen. Lott, “Louisiana Election Contest,”
Congressional Record, vol. 143, Jan. 7, 1997, p. 5.
6
Each Senator is allowed to keep the pen he or she uses to sign the historic oath book, which
contains the signatures of all U.S. Senators. A Senator signs this book each time he or she takes
the oath of office.
7
Richard A. Baker [Senate Historian], Traditions, 110th Cong., 1st, Sess., S. Pub. 110-11, pp.
3-4; [http://www.senate.gov/reference/resources/pdf/Traditions.pdf], visited Oct. 3, 2008.
8
Ibid.
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Photographers are present, and many Senators choose to hold something meaningful in
their left hand. These objects have been, but are not limited to, a family heirloom or
something else meaningful to the Senator. Some Senators have held nothing, and nothing
is required.
Notification to the Other Body and to the President
The Senate clerk then calls the roll, and the Majority Leader offers resolutions that
the House and the President be formally notified that a quorum of the Senate is assembled
and ready to proceed to business.9 Subsequently, the House and Senate leadership
telephone the President with the news that Congress is ready to begin its work.
Election of the President Pro Tempore
The President pro tempore is elected by the Senate to preside during the absence of
the Vice President.10 Often referred to as the “President Pro Tem,” this majority party
Senator usually has the party’s longest continuous Senate service and often, by virtue of
seniority, chairs a committee.11 If expecting to be unavailable for chamber duties, the
President pro tempore appoints other Senators to preside. In the 110th Congress, the
President pro tempore is Senator Robert Byrd (D-WV).
When there is a change in party control of the Senate, or a vacancy occurs, the
President pro tempore is elected by resolution and then escorted to the front of the
chamber to be sworn in by the Vice President.12 Afterwards, the Senate adopts a
resolution to notify the President of the election of the President pro tempore.
From the beginning of the 104th Congress through the middle of the first session of
the 106th Congresses, Senator Strom Thurmond (R-SC) was the President pro tempore.
In June 2001, when party control of the Senate changed, Senator Robert Byrd (D-WV)
became the President pro tempore.13 In the 107th Congress, because the Senate was evenly
divided on the opening day,14 Senator Byrd, a Democrat, was elected to serve as President
9
A quorum is the minimum number of Members required to be present for the transaction of
business. Under the Article I, Section 5 of the Constitution, a quorum in each House is a majority
of its members: 218 in the House and 51 in the Senate when there are no vacancies. See also
Congressional Research Service, “Congressional Quarterly’s American Congressional
Dictionary,”[http://www.crs.gov/products/guides/glossary/q.shtml], visited Sept. 30, 2008.
10
The Constitution specifies that the Vice President is the presiding officer of the Senate. The
Vice President, however, usually presides only on opening day, during ceremonial occasions, and
when needed to cast a tie-breaking vote.
11
The President pro tempore holds that office during his or her Senate term and is not reelected
at the beginning of a new Congress unless there is a change in party control.
12
Sen. Reid, “Election of the Honorable Robert C. Byrd As President Pro Tempore,”
Congressional Record, daily edition, vol. 153, Jan. 4, 2007, pp. S5-S6.
13
Sen. Daschle, “Election of the Honorable Robert C. Byrd as President Pro Tempore,”
Congressional Record, vol. 147, June 6, 2001, p. 10013.
14
Proceedings at the convening of the Senate in the 107th Congress were somewhat different than
(continued...)
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pro tempore until January 20, 2001, and Senator Thurmond, a Republican, was elected
to serve after January 20, 2001, when Albert Gore, a Democrat, was succeeded as Vice
President and President of the Senate by Richard Cheney, a Republican.15 Subsequently,
when Richard Cheney became the Vice President and President of the Senate, Senator
Thurmond again became President pro tempore. He took the oath of office on January
20, 2001. That same day, the Senate adopted resolutions notifying the President and the
House of Representatives of the election of the new President pro tempore.16
Daily Meeting Time for the Senate
The Senate establishes its daily hour of meeting by a resolution which must be
renewed each session of Congress. This resolution is usually offered by the Majority
Leader.
Election of Officers
Since the Senate is a continuing body, its officers (Secretary of the Senate, Sergeant
at Arms, and Chaplain) do not need to be reelected on the opening day of a new Congress.
However, when there is a change in party control and/or a replacement of officers at the
beginning of a Congress, they have to be approved by the full Senate.17 This was the case
on the opening day of the 110th Congress when a new Secretary of the Senate and a new
Sergeant at Arms were elected.18
The respective party secretaries are often replaced at the beginning of a Congress.
They are approved by their party conferences and then elected by the Senate. These
individuals, however, are not considered Senate officers.
14
(...continued)
other opening days because the Senate was evenly divided, with 50 Republicans and 50
Democrats. When Congress convened on January 3, 2001, Vice President Albert Gore, a
Democrat, was still President of the Senate, providing Senate Democrats with an effective
majority of one. Subsequently, at noon on January 20, 2001, when Republican Richard Cheney
was sworn in as Vice President, Senate Republicans took control of the Senate.
15
Sen. Daschle, “Election of the Honorable Robert C. Byrd As President Pro Tempore and
Election of the Honorable Strom Thurmond as President Pro Tempore,” Congressional Record,
vol. 147, Jan. 3, 2001, p. 7.
16
Sen. Roberts, “Notification to the President of the United States,” and “Notification to the
House of Representatives,” Congressional Record, vol. 147, Jan. 20, 2001, p. 149.
17
Whenever there is a change in Senate officers, their selection must be approved by the Senate.
For information on the Senate officers, see CRS Report 98-418 GOV, Senate Administrative
Officers and Officials, by Lorraine Tong.
18
“Electing Nancy Erickson As the Secretary of the Senate,” and “Electing Terrance W. Gainer
As the Sergeant At Arms and Doorkeeper,” Congressional Record, daily edition, vol. 153, pp.
S6-S7.
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Other First-Day Floor Actions
Other routine organizational business is taken up on the Senate floor on the first day,
including unanimous consent requests to expedite the daily business of the Senate. At the
beginning of the 110th Congress, the Senate adopted 12 orders en bloc by unanimous
consent, including floor privileges for staff.19 In addition, the two leaders may lay out the
highlights of the legislative schedule ahead and discuss pertinent issues.20 Sometimes on
the first day, the Senate adopts resolutions providing for adjournments and for the joint
session at which Congress receives the President’s State of the Union message.
Other first day activities are dependent on specific circumstances and do not occur
on the first day of every new Congress. For example, following a presidential election,
the Senate must adopt a resolution to meet in joint session with the House to count the
electoral votes for the President and Vice President,21 continue the Joint Congressional
Committee on Inaugural Ceremonies, and authorize the use of the Capitol for inaugural
activities.22 On the first day of the 106th Congress, there were several announcements and
a discussion related to the pending impeachment trial of the President.23
After the Senate has completed initial organizational proceedings, it may turn to
routine business, which normally completes the legislative day. This business includes
the introduction of bills and resolutions, appointments of Senate officials, and additional
statements from Senators.
During adjournment periods preceding the start of a new Congress, the Secretary of
the Senate is authorized to receive, on behalf of the Senate, messages from the House of
Representatives, the President, and the executive departments. On the first day of a new
Congress, the presiding officer will present these messages to the Senate to allow it to
take any action that may be necessary.24
19
Sen. Reid , “Unanimous Consent Requests,” Congressional Record, daily edition, vol. 153, Jan.
4, 2007, p. S8.
20
For the opening day remarks of the leaders of the 110th Congress, see Sen. Reid, “A New
Congress,” Congressional Record, daily edition, vol. 153, Jan. 4, 2007, pp. S8-S11; and Sen.
McConnell, “The 110th Congress,” Congressional Record, daily edition, vol. 153, Jan. 4, 2007,
pp. 11-13.
21
Sen. Frist, “To Provide for Counting of Electoral Votes for President and Vice President of the
United States,” Congressional Record, daily edition, vol. 151, Jan. 4, 2005, p. S6. This takes
the form of a joint session with the House of Representatives.
22
Sen. Frist, “To Extend the Life of the Joint Congressional Committee on Inaugural
Ceremonies,” Ibid., p. S7.
23
Sen. Lott, “The Public’s Access to the Impeachment Proceedings,” “Unanimous — Consent
Agreement — Senate Access,” and “Senate Agenda,” Congressional Record, vol. 145, Jan. 6,
1999, pp. 7-11.
24
On the first day of the 106th Congress, the Senate received a message from the House
announcing that it had impeached the President and adopted articles of impeachment which the
House managers had been instructed to carry to the Senate. See “Messages from the House
Received Subsequent to Sine Die Adjournment,” Congressional Record, vol. 145, Jan. 6, 1999,
(continued...)
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Committee Organization
The committee assignment process begins prior to the convening of a new Congress,
and mostly within the party groups — the Republican and Democratic conferences. The
only action visible on the chamber floor is the adoption of resolutions assigning Senators
from each party to committees agreed upon by the respective party conference. 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.25
On the opening days of the 108th through 110th Congresses, there were no committee
assignment resolutions. They were considered on other days. On the opening day of the
107th Congress, the only committee assignment resolution taken up was one that
designated committee chairs.26 Due to the Senate’s equal division in that Congress,
Democrats chaired committees prior to January 20, 2001. Effective January 20, 2001,
with the inauguration of the Republican President and Vice President, Republican
Senators became committee chairmen.27 This arrangement lapsed when Democrats
regained control of the Senate for the balance of the 107th Congress on June 6, 2001.
24
(...continued)
pp. 14-15.
25
Note, however, that each party must abide by certain Senate rules governing the assignment
process. See CRS Report RL30743, Committee Assignment Process in the U.S. Senate:
Democratic and Republican Party Procedures, by Judy Schneider.
26
Sen. Daschle, “Senate Resolution 7 — Designating the Chairmen of the Following Senate
Committees,” Congressional Record, vol. 147, Jan. 3, 2001, pp. 14-15.
27
The Senate’s equal party strength was accompanied by a broader agreement between the parties
to modify certain Senate practices during the 107th Congress. See CRS Report RS20785, The
Senate Powersharing Agreement of the 107th Congress (2001-2003): Key Features, by Elizabeth
Rybicki; and CRS Report RL30881, Senate Organization in the 107th Congress, Agreements
Reached in a Closely Divided Senate, by Elizabeth Rybicki.members elected in the most recent general election, the
adoption of administrative resolutions, the adoption of standing orders for the new Congress, and,
possibly, the election of a new President pro tempore and Senate officers. Other first-day
activities might occur as a consequence of specific circumstances, such as providing for a joint
session with the House to count electoral votes after a presidential election. Once these
organizational proceedings are completed, the Senate may turn to legislative or executive
business or other activities.
The Senate committee assignment process begins prior to the convening of a new Congress and
may continue after the beginning days of a new Congress. At some time, usually other than
opening day, the Senate adopts committee assignment resolutions. Changes in Senate party
leadership take place in respective party conference meetings prior to opening day. There are no
floor votes to ratify these changes.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
Contents
The Senate Convenes ..................................................................................................................1
Oath of Office.............................................................................................................................1
Notification to the President and the House .................................................................................2
Election of the President Pro Tempore.........................................................................................3
Daily Meeting Time of the Senate ...............................................................................................3
Election of Officers.....................................................................................................................3
Other First-Day Floor Activities ..................................................................................................4
Committee Organization .............................................................................................................5
Contacts
Author Contact Information ........................................................................................................6
Acknowledgments ......................................................................................................................6
Congressional Research Service
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
The Senate 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 has passed a law
designating a different day for the new Congress’s convening.
The 111th Congress convened January 6, 2009.1 In recent years, it has been the exception rather
than the rule for a new Congress to begin on January 3. In addition to the 111th Congress, six out
of the preceding seven Congresses began on another date than January 3—
•
the 104th Congress ( January 4, 1995),
•
the 105th Congress (January 7, 1997),
•
the 106th Congress (January 6, 1999),
•
the 108th Congress (January 7, 2003),
•
the 109th Congress (January 4, 2005), and
•
the 110th Congress (January 4, 2007).
The 107th Congress was only one of these seven to begin on January 3, convening January 3,
2001.
The Vice President normally presides when the Senate first convenes; the Senate chaplain offers a
prayer. The Vice President then announces the receipt of the certificates and credentials of
election of Senators who were newly elected or re-elected in the most recent general election. The
reading of these documents is waived by unanimous consent, and they are subsequently printed in
full in the Congressional Record.2
Oath of Office
The first order of business in a new Senate is the swearing-in of Senators elected or re-elected in
the most recent general election. Before this action is taken, however, the majority leader might
provide a brief history of the oath of office, or the two leaders might give brief welcoming
remarks.3 If there is a contested Senate election, the leadership might provide a brief status report
and plan for its resolution.4
The Vice President then calls Senators who were elected to the front of the chamber, in
alphabetical order in groups of four, to take the oath and to also “subscribe to the oath” in the
1
P.L. 110-430, enacted October 15, 2008.
See, for example, The Vice President, “Certificates of Election and Credentials,” Congressional Record, daily edition,
vol. 155, January 6, 2009, pp. S1-S4.
3
See, for example, Sen. Trent Lott, “The Oath We Take,” Congressional Record, vol. 143, January 7, 1997, pp. 4-5.
4
See, for example, Sen. Trent Lott, “Louisiana Election Contest,” Congressional Record, vol. 143, January 7, 1997, p.
5.
2
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
official oath book.5 Each Senator is usually accompanied by the other Senator from his or her
state, the Senator he or she is replacing, or a former Senator.6
The oath, which is the same for Representatives and executive and judicial appointees, is as
follows:
I do solemnly swear (or affirm) 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.
An oath is mandated by Article VI of the Constitution; its text is set by statute (5 U.S.C. 3331).7
When Senators take the oath, they raise their right hand to swear or affirm, repeating after the
Vice President. Many hold a family Bible, a sacred text, or another object in their left hands.8
These objects have included family heirlooms and other items meaningful to the individual
Senator. Some Senators have held nothing, and nothing is required. There is no requirement that a
Bible or anything else be used when the oath is taken.
When the Vice President and individual Senators subsequently re-enact the swearing-in in the Old
Senate Chamber with the Senator’s family, each Senator might hold a Bible, another item, or
nothing in his or her left hand. Although photography is not permitted on the Senate floor,
photographers are present for these ceremonial swearing-ins.
Notification to the President and the House
After Senators elected in the most recent general election have been sworn in, the Vice President
recognizes the majority leader, who notes the absence of a quorum. The Vice President directs the
Senate clerk to call the roll, and all Senators normally are present to respond.9
The majority leader offers resolutions that the President (S.Res. 1, 111th Congress) and the House
(S.Res. 2, 111th Congress) be formally notified that a quorum of the Senate is assembled and
ready to proceed to business. Subsequently, pursuant to the resolution providing for notification
of the President, the House and Senate leadership telephone the President with the news that a
quorum of each house of Congress has assembled and is prepared to begin its work.
5
Each Senator is allowed to keep the pen he or she uses to sign the historic oath book, which contains the signatures of
all U.S. Senators. A Senator signs this book each time he or she takes the oath of office.
6
Senate Historian Richard A. Baker, Traditions, 110th Cong., 1st sess., S. Pub. 110-11 (Washington, DC: Senate Office
of Printing and Document Services, 2007), pp. 3-4, available at http://www.senate.gov/reference/resources/pdf/
Traditions.pdf. (Hereafter Traditions.)
7
The President’s oath is set forth in the Constitution (U.S. Const. art. II, § 1, cl. 7).
8
Traditions, pp. 3-4.
9
A quorum is the number of members required to be present in each house for the transaction of business. Under the
Constitution (U.S. Const. art. I, sec. 5, cl. 1), a quorum in each house is a majority of its members: 51 in the Senate and
218 in the House. For an explanation of quorum requirements in the Senate, see CRS Report 98-775, Quorum
Requirements in the Senate: Committee and Chamber, by Betsy Palmer.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
Election of the President Pro Tempore
As provided by the Constitution, the President pro tempore is elected by the Senate to preside
during the absence of the Vice President.10 Referred to as the President pro tem, this majorityparty Senator usually has his party’s longest continuous Senate service. 11
When there is a change in party control of the Senate, or when a vacancy in the office of
President pro tempore occurs, a new President pro tempore is elected by resolution and then
escorted to the front of the chamber to be sworn in by the Vice President.12 Afterwards, the Senate
adopts resolutions to notify the House and the President of the election of the President pro
tempore.
In the 111th Congress, the President pro tempore was Senator Robert C. Byrd, who served until
his death on June 28, 2010. Senator Daniel K. Inouye, the Senate’s most senior Democrat, was
elected to fill this position and sworn in later that day (S.Res. 567, 111th Congress). The Senate
subsequently adopted resolutions to notify the House (S.Res. 568, 111th Congress) and President
(S.Res. 569, 111th Congress) of the election.
Daily Meeting Time of the Senate
The Senate establishes its daily hour of meeting by a resolution, which must be renewed each
Congress. This resolution is usually offered by the majority leader. 13
Election of Officers
Since the Senate is a continuing body, its officers—secretary of the Senate, sergeant at arms and
doorkeeper, and chaplain—do not need to be reelected on the opening day of a new Congress.
However, when there is a change in party control or a vacancy at the beginning of a Congress,
any new officers are approved by the full Senate. That occurred on the opening day of the 110th
Congress when a new secretary of the Senate and a new sergeant at arms and doorkeeper were
elected.14 The Senate also adopts resolutions to notify the President and the House of the election
of new officers.
10
U.S. Const. art. I, § 3, cl. 5. The Vice President, named in clause 4 as the President of the Senate, usually presides
only on opening day, during ceremonial occasions, and when needed to cast a tie-breaking vote.
11
The President pro tempore holds his office during his Senate term and is not reelected at the beginning of a new
Congress. For information on this office, see CRS Report RL30960, The President Pro Tempore of the Senate: History
and Authority of the Office, by Christopher M. Davis.
12
See, for example, “Electing Senator Daniel K. Inouye President Pro Tempore,” Congressional Record, daily edition,
vol. 156, June 28, 2010, p. S5465.
13
In the 111th Congress, S.Res. 3, agreed to in the Senate January 6, 2009.
14
S.Res. 8 and S.Res. 11 (110th Cong.). See “Electing Nancy Erickson as the Secretary of the Senate,” and “Electing
Terrance W. Gainer as the Sergeant At Arms and Doorkeeper,” Congressional Record, daily edition, vol. 153, January
4, 2007, pp. S6-S7; and CRS Report 98-418, Senate Administrative Officers and Officials, by Lorraine H. Tong.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
The respective party secretaries might be replaced at the beginning of a Congress. They are
approved by their party conferences and then elected by the Senate.
Any changes in Senate party leadership take place in respective party conference meetings prior
to opening day. There are no floor votes to ratify these changes.15
Other First-Day Floor Activities
Other organizational business is taken up on the Senate floor on the first day. At the beginning of
the 111th Congress, as at the beginning of preceding Congresses, the Senate adopted en bloc by
unanimous consent 12 standing orders for the duration of the 111th Congress. 16 These standing
orders addressed—
•
meetings of the Select Committee on Ethics;
•
limiting roll-call votes to 15 minutes;
•
authorizing Senators to present reports at the desk;
•
allowing 10 minutes daily to each party leader (so-called leader time);
•
granting floor privileges to the House parliamentarians;
•
forgoing printing of conference reports and joint explanatory statements when
they are printed as House reports;
•
allowing the Appropriations Committee to file reports during an adjournment or
recess of the Senate;
•
authorizing the secretary of the Senate to make technical and clerical corrections
to engrossments of Senate-passed bills, resolutions, and amendments;
•
during an adjournment or recess of the Senate, authorizing the secretary of the
Senate to receive presidential messages and, except for House legislation, House
messages, and authorizing the President pro tempore to sign enrollments;
•
allowing Senators to designate two staff members for floor access during the
Senate’s consideration of specific matters;
•
allowing treaties and nominations to be referred when received; and
•
permitting Senators to introduce bills and resolutions by taking them to the desk.
Article I, Section 2 of the Constitution provides for a system of staggered six-year terms for
Senators, one-third of their terms expiring at the conclusion of each Congress. The Senate has
15
Party leadership changes can also occur during a Congress. For information on organizational meetings held prior to
the formal start of a new Congress, see CRS Report RS21339, Congress’s Early Organization Meetings, by Judy
Schneider.
16
Sen. Harry Reid , “Unanimous Consent Agreement,” Congressional Record, daily edition, vol. 155, January 6, 2009,
p. S6.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
interpreted the constitutional arrangement to mean that it is a continuing body and does not have
to organize itself with each new Congress, as does the House of Representatives. 17
The Democratic and Republican leaders might address the Senate, possibly describing highlights
of the legislative schedule ahead or discussing other pertinent issues. 18 Sometimes on the first
day, the Senate might also adopt a resolution providing for a January adjournment or for the joint
session at which Congress will receive the President’s State of the Union address.
Other first-day activities might occur as a consequence of specific circumstances. For example,
following a presidential election, the Senate must adopt a resolution to meet in joint session with
the House to count the electoral votes for the President and Vice President,19 continue the Joint
Congressional Committee on Inaugural Ceremonies, and permit use of the Capitol for inaugural
activities. 20 On the first day of the 106th Congress, there were several announcements and a
discussion related to the pending impeachment trial of President Bill Clinton.21
After the Senate has completed these organizational proceedings, it may turn to other activities,
such as the introduction and reference of legislation,22 speeches, and appointments. In addition,
following the sine die adjournment of the preceding Congress, the secretary of the Senate will
have received, in the Senate’s behalf, messages from the House of Representatives, the President,
and executive departments. On the first day of a new Congress, these messages will be disposed
of, normally by reference to the relevant committee.
Committee Organization
The committee assignment process begins prior to the convening of a new Congress, and mostly
within the party groups—the Democratic and Republican Conferences.23 The only action visible
on the chamber floor is the adoption of resolutions assigning Senators from each party to
committees agreed upon by the respective party conference. The adoption of both parties’
resolutions is routine. 24
17
Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate Procedure, 101st Cong., 2nd sess., S.Doc. 101-28
(Washington, DC: GPO, 1992), pp. 1220-1224.
18
For the opening-day remarks of the leaders of the 111th Congress, see Sen. Harry Reid, “Welcome the 111th
Congress,” Congressional Record, daily edition, vol. 155, January 6, 2009, pp. S7-S8; and Sen. Mitch McConnell,
“Opening of the 111th Congress,” pp. S12-S14.
19
See, for example, S.Con.Res. 1 (111th Cong.). See “Setting the Date of January 8, 2009, for the Counting of Electoral
Votes,” Congressional Record, daily edition, vol. 155, January 6, 2009, pp. S5-S6.
20
See, for example, S.Con.Res. 2 (111th Cong.). See “Extending the Life of the Joint Congressional Committee on
Inaugural Ceremonies,” Congressional Record, daily edition, vol. 155, January 6, 2009, p. S6.
21
Sen. Trent Lott, “The Public’s Access to the Impeachment Proceedings,” “Unanimous—Consent Agreement—
Senate Access,” and “Senate Agenda,” Congressional Record, vol. 145, January 6, 1999, pp. S7-S11.
22
In some Congresses, the Senate has decided to disallow the introduction of legislation until after the President’s State
of the Union address.
23
For information on organizational meetings held prior to the formal start of a new Congress, see CRS Report
RS21339, Congress’s Early Organization Meetings, by Judy Schneider.
24
See CRS Report RL30743, Committee Assignment Process in the U.S. Senate: Democratic and Republican Party
Procedures, by Judy Schneider; and CRS Report 98-183, Senate Committees: Categories and Rules for Committee
Assignments, by Judy Schneider.
Congressional Research Service
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
Committee assignment resolutions are not normally considered on the opening day of a new
Congress, but later in January. On the opening day of the 107th Congress, an assignment
resolution was taken up to designate committee chairs, pending an agreement on the organization
of the Senate under the special circumstance of 50 Democratic and 50 Republican Senators.25
Author Contact Information
Judy Schneider
Specialist on the Congress
jschneider@crs.loc.gov, 7-8664
Michael L. Koempel
Senior Specialist in American National Government
mkoempel@crs.loc.gov, 7-0165
Acknowledgments
This report was originally developed and maintained over many years by Mildred Lehmann Amer, a
specialist on the Congress. Ms. Amer has retired from the Congressional Research Service.
25
Sen. Tom Daschle, “Senate Resolution 7—Designating the Chairmen of the Following Senate Committees,”
Congressional Record, vol. 147, January 3, 2001, pp. 14-15.
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