The First Day of a New Congress: A Guide to
Proceedings on the Senate Floor
Judy Schneider
Specialist on the Congress
Michael L. Koempel
Senior Specialist in American National Government
December 1, 2010October 31, 2012
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 membersSenators elected or re-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
(approximately one-third of the Senate);
•
adopting administrative resolutions;
•
adopting standing orders for the new Congress;
•
agreeing by unanimous consent to any date, other than the convening date, on
which bills and joint resolutions may begin to be introduced; and
•
electing a new President pro tempore and one or more Senate officers if there is a
vacancy or change in party control.
If an election to a Senate seat is undecided or subject to a determination by the Senate, the
majority leader and other Senators may address the Senate’s posture on that election.
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
After Senators are sworn or after 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 theseNegotiations between the parties over committee sizes and ratios, the parties’ committee
assignments, and any party leadership changes might begin during the early organization
meetings for the new Senate, which occur in November and December following a general
election. The committee assignment process may continue after the beginning days of a new
Congress.
At some time, usually other than opening day, the Senate adopts committee assignment
resolutions. Any changes in Senate party leadership take place in respective party conference
meetings. There are no floor votes to ratify leadership changes.
Congressional Research Service
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 ... 1
Election of the President Pro Tempore ..........................................................................................2
Election of the President Pro Tempore.. 3
Notification to the President and the House ......................................................................................... 3
Daily Meeting Time of the Senate ...............................................................................................3.... 4
Election of Officers ........................................................................................................................3.. 4
Other First-Day Floor Activities ...................................................................................................... 4
Committee Organization .............................................................................................................5..... 7
Contacts
Author Contact Information ..........................................................................................................6... 7
Acknowledgments ........................................................................................................................... 76
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 111th112th Congress convened January 6, 20095, 2011.1 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 111th112th Congress, six out
seven
out of the preceding seveneight 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), and
•
111th Congress (January 6, 2009).
The 107th Congress was only one of these seveneight 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. prayer
and the Vice President leads the Senate in the Pledge of Allegiance. 2 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.23
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
Congressional Research Service
1
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.6On occasion in recent years, the majority leader or the majority
1
P.L. 111-289, enacted November 30, 2010.
For an explanation of who is seated on and near the dais in the Senate, see CRS Report 98-397, Guide to Individuals
Seated on the Senate Dais, by Valerie Heitshusen.
3
See, for example, The Vice President, “Certificates of Election,” Congressional Record, daily edition, vol. 157,
January 5, 2011, pp. S1-S4. Senators elected to fill a vacancy may have already been sworn in. For example,
Christopher Coons of Delaware won the general election in 2010 to complete the final four years of the term of Senator
Joseph Biden, who had been elected Vice President in 2008. Senator Coons was sworn in November 15, 2010. Mark
Kirk of Illinois, however, won both a special election and a new term in the general election of 2010. He was sworn in
November 29, 2010, to complete the term (expiring January 3, 2011) of Senator Barack Obama, who had been elected
President in 2008. Senator Kirk was then sworn in January 5, 2011, for a six-year term concluding January 3, 2017. For
information on filling Senate vacancies, see CRS Report R40421, Filling U.S. Senate Vacancies: Perspectives and
Contemporary Developments, by Thomas H. Neale.
2
Congressional Research Service
1
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
and minority leaders might first be recognized for brief remarks.4 If there is a contested or
undecided Senate election, the leadership might provide a status report and plan for its resolution,
before or after Senators are sworn in.5
After the Vice President lays the certificates of election before the Senate and states that their
reading will be waived if there is no objection, he 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 official oath book.6 Each Senator may be accompanied by the other
Senator from his or her state, the Senator he or she is replacing, or a former Senator.7
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).78
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.89
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 (or another individual of a Senator’s choosing) 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 thesethe 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
in.
4
See, for example, Senators Tom Daschle and Trent Lott, “A Historic Day,” Congressional Record, vol. 147, part 1
(January 3, 2001), pp. 1-2.
5
See, for example, Senator Trent Lott, “Louisiana Election Contest,” Congressional Record, vol. 143, part 1 (January
7, 1997), p. 5. As Majority Leader Lott explained, Senator-elect Mary Landrieu would be seated “without prejudice” to
the Senate’s ongoing investigation to determine the outcome of the Louisiana Senate election. By way of contrast, the
majority and minority leaders commented very briefly on the undecided Minnesota Senate election between Al Franken
and Senator Norm Coleman, which was under consideration by the Minnesota state courts. Senator Harry Reid,
“Welcoming the 111th Congress,” Congressional Record, daily edition, vol. 155, January 6, 2009, p. S8; and Senator
Mitch McConnell, “Minnesota Senate Race,” p. S12.
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.
67
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.)
78
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.
Congressional Research Service
2
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor9
Traditions, pp. 3-4.
Congressional Research Service
2
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
After the Senators 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 are normally present to respond.10
Election of the President Pro Tempore
As provided by the Constitution, the President pro tempore is electedchosen by the Senate to preside
during the absence of the Vice President.1011 Referred to as the President pro tem, this majorityparty Senator usually has his party’s longest continuous Senate service. 1112
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
13
Notification to the President and the House
The majority leader offers resolutions that the President (S.Res. 1, 112th Congress) and the House
(S.Res. 2, 112th 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.
10
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 the Members: 51 in the Senate
and 218 in the House, assuming no vacancies. 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. A Senator might be
absent on opening day due to illness, family needs, or another reason.
11
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.
1112
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. Tong13
See, for example, “Election of the Honorable Robert C. Byrd as President Pro Tempore,” Congressional Record, vol.
153, part 1 (January 4, 2007), pp. 65-66, including adoption of S.Res. 4 and S.Res. 5 to notify the President and the
House, respectively, of the election of the President pro tempore. In 2007, where the election of Senator Byrd was
occasioned by the change in party majority in the Senate, the Senate also adopted a resolution (S.Res. 6) thanking the
outgoing President pro tempore and appointing him President pro tempore emeritus. “Expressing the Thanks of the
Senate to Senator Ted Stevens and Designating President Pro Tempore Emeritus,” Congressional Record, vol. 153,
part 1 (January 4, 2007), p. 66. See, subsequently, “Electing Senator Daniel K. Inouye President Pro Tempore,”
Congressional Record, daily edition, vol. 156, June 28, 2010, p. S5465, for the election of a new President pro tempore
upon Senator Byrd’s death.
Congressional Research Service
3
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—
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.14
Election of Officers
Since the Senate is a continuing body, its officers—the secretary of the Senate, sergeant at arms
and doorkeeper, chaplain, and majority and minority party secretaries—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. The Senate filled a vacancy at the beginning of the 112th Congress in electing a new
secretary for the (Democratic) majority. (Party secretaries are approved by their party conferences
and then elected by the Senate.) In addition, since the Senate’s legal counsel and deputy legal
counsel are appointed by the President pro tempore for only the duration of a Congress, they are
appointed or reappointed every two years and resolutions adopted confirming the appointments’
duration.15
When party control of the Senate last switched in 2007, the Senate elected a new secretary and
sergeant at arms, elected the majority and minority secretaries (since their roles had changed), and
appointed the legal counsel and deputy legal counsel for the 110th Congress. The Senate also
adopted resolutions to notify the President and the House of the election of the secretary and
sergeant at arms.16
Any changes in Senate party leadership take place in the respective party conference meetings
prior to opening day or, if there is a vacancy, at another time. There are no floor votes to ratify
these changes.17
Other First-Day Floor Activities
Other organizational business is taken up on the Senate floor on the first day. At the beginning of
the 112th Congress, as at the beginning of preceding Congresses, the Senate adopted en bloc by
unanimous consent 12 standing orders for the duration of one Congress.18 These standing orders
addressed—
14
See, for example, S.Res. 3 (112th Cong.), agreed to in the Senate January 5, 2011.
“Electing Gary B. Myrick as the Secretary for the Majority,” “Appointment of Senate Legal Counsel,” and
“Appointment of Deputy Senate Legal Counsel,” Congressional Record, daily edition, vol. 157, January 5, 2011, pp.
S14.
16
See “Electing Nancy Erickson as the Secretary of the Senate,” et seq., Congressional Record, vol. 153, part 1
(January 4, 2007), pp. 66-68. See also CRS Report 98-418, Senate Administrative Officers and Officials: A Brief
Overview, by Lorraine H. Tong; and the Senate website at http://www.senate.gov/pagelayout/reference/
e_one_section_no_teasers/org_chart.htm.
17
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.
18
Senator Harry Reid , “Unanimous Consent Agreement,” Congressional Record, daily edition, vol. 157, January 5,
(continued...)
15
Congressional Research Service
4
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
•
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.
Congressional Research Service
4
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
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. One
consequence, among others, of this interpretation is that the Senate does not adopt or re-adopt its
rules when a new Congress convenes, this interpretation meaning that the rules continue in effect
from one Congress to the next.19
The Democratic and Republican leaders might address the Senate, possibly describing highlights
of the legislative schedule ahead or discussing other pertinent issues. 1820 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.21 The Senate
(...continued)
2011, p. S14.
19
The modern history of this attribute of the Senate is traced in 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. An assertion to the
contrary has been that the Senate may amend its rules by majority vote when the Senate of a new Congress convenes.
See, for example, Senator Tom Udall, “Amending Senate Rules,” Congressional Record, daily edition, vol. 157,
January 5, 2011, pp. S33-S36. Debate over amending Senate rules at the beginning of the 112th Congress occurred over
four days: January 5, 25, 26, and 27, 2011. See the Congressional Record for those days.
20
For the opening-day remarks of the leaders of the 112th Congress, see Senator Harry Reid, “Senate Procedure,”
Congressional Record, daily edition, vol. 157, January 5, 2011, pp. S15-S16; and Sen. Mitch McConnell, “Opening of
the 112th Congress,” pp. S16-S18.
21
See, for example, S.Con.Res. 1 (112th Cong.), agreed to in the Senate January 5, 2011.
Congressional Research Service
5
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
might also by unanimous consent set an initial date other than the convening day on which bills
and joint resolutions may be introduced.22
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,1923 continue the Joint
Congressional Committee on Inaugural Ceremonies, and permit use of the Capitol for inaugural
activities. 2024 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.
1925
In the 112th Congress, one of the first matters the Senate took up after Senators were sworn was a
resolution (S.Res. 4) honoring Senator Barbara Mikulski “for becoming the longest-serving
female Senator in history.”26 The Senate also agreed to S.Con.Res. 2, allowing the Capitol
Rotunda to be used for a commemorative ceremony marking the 50th anniversary of the inaugural
address of President John F. Kennedy.27 Finally, Majority Leader Harry Reid and Minority Leader
Mitch McConnell agreed that the Senate should establish a working group under the chair and
ranking minority member of the Senate Rules Committee to streamline the confirmation process
for nominees to lower-level executive branch positions.28
After the Senate has completed these organizational proceedings, it may turn to other activities it
has agreed to undertake, such as the introduction and reference of legislation, speeches, and
appointments. In addition, following the sine die adjournment of the preceding Congress through
the convening of the new 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.29
The Senate will also receive new messages, such as from the House on its convening and election
of the Speaker and its officers. On the first day of a new Congress, messages will be disposed of,
typically by reference to the relevant committee.
22
See, for example, Senator Harry Reid, “First Day for Introduction of Bills and Joint Resolutions,” Congressional
Record, daily edition, vol. 157, January 5, 2011, p. S15.
23
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.
2024
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.25
Senator Trent Lott, “The Public’s Access to the Impeachment Proceedings,” “Unanimous—-Consent Agreement—
Senate Access,” and “Senate Agenda,” Congressional Record, vol. 145, part 1 (January 6, 1999), pp. 8-11.
26
“Honoring Senator Mikulski as She Becomes the Longest Serving Female Senator,” Congressional Record, daily
edition, vol. 157, January 5, 2011, pp. S6-S13 and S18-S19.
27
“Senate Concurrent Resolution 2—Authorizing the Use of the Rotunda of the Capitol for an Event Marking the 50th
Anniversary of the Inaugural Address of President John F. Kennedy,” Congressional Record, daily edition, vol. 157,
January 5, 2011, pp. S67-S68.
28
“Working Group—Lower Level Executive Nominations,” Congressional Record, daily edition, vol. 157, January 5,
2011, pp. S14-S15.
29
For example, the President is required by law (2 U.S.C. § 2a(a)) to inform the Senate and House of Representatives
of the apportionment of seats in the House following the decennial census. Upon the convening of the 112th Congress,
this message was received from the President and referred to the Committee on Homeland Security and Governmental
Affairs. “Report of the Apportionment Population for Each State as of April 1, 2010, and the Number of
Representatives to Which Each State Would Be Entitled—PM 1,” Congressional Record, daily edition, vol. 157,
January 5, 2011, p. S61.
Congressional Research Service
6
The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
Committee Organization
Negotiation between the parties of committee sizes and ratios and parties’ separate committee
assignment processes begin prior to the convening of a new Congress, and mostly within the
party groups—the Democratic and Republican Conferences.30 The only action visible on the
chamber floor is the subsequent 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.31
Committee , 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
5
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.2532
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. MsMrs. Amer has retired from the Congressional Research Service.
25
30
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.
31
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.
32
Sen. Tom Daschle, “Senate Resolution 7—Designating the Chairmen of the Following Senate Committees,”
Congressional Record, vol. 147, part 1 (January 3, 2001), pp. 14-15.
Congressional Research Service
67