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
October 31, 2012Judy Schneider
Specialist on the Congress
Christina Wu
Research Associate
February 26, 2014
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 Senators elected or re-elected in the most recent general election
(approximately one-third of the Senate);
•
establishing the presence of a quorum;
•
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.
The majority and minority leaders usually make welcoming remarks during the day’s
proceedings. If an election to a Senate seat is undecided or subject to a determinationconsideration by the Senate, the
the majority leader and other Senators maymight address the Senate’s posture on that election.
Other first-day activities mightmay occur as a consequence of specific circumstances, such as
providing providing
for a joint session with the House to count electoral votes after a presidential election.
After After
Senators are sworn or after organizational proceedings are completed, the Senate may turn
to to
legislative or executive business or other activities.
Following their official swearing-in on the Senate floor, newly elected or re-elected Senators
gather with their families in the Old Senate Chamber for ceremonial swearing-ins with the Vice
President or another official of their choosing. The ceremonial swearing-ins may be photographed
or recorded.
Negotiations between the parties over committee sizes and ratios, the parties’ committee
assignments, and any party leadership changes mightmay begin during the early organization
meetings 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 party leadership 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 and Quorum ............................................................................................................. 2
Notification to the President and the House ........................................................................ 1............ 3
Election of the President Pro Tempore ............................................................................................ 3
Notification to the President and the House Party Leadership ........................................................................................................................ 3
Daily Meeting Time of the Senate4
Election of Officers ................................................................................................... 4
Election of Officers ....................... 4
Daily Meeting Time of the Senate ................................................................................................... 45
Other First-Day Floor Activities ...................................................................................................... 45
Committee Organization .................................................................................................................. 78
Contacts
Author Contact Information............................................................................................................. 79
Acknowledgments ........................................................................................................................... 79
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 by law designated a
different day for the new Congress’s convening.1
The 112th113th Congress convened January 5, 2011.13, 2013. In recent years, however, it has been the exception rather
rather than the rule for a new Congress to begin on January 3. In addition to the 112th Congress, seven
out of the preceding eightEight of the past 10 Congresses
began on another date than January 3—
•
104th Congress (January 4, 1995),
•
105th Congress (January 7, 1997),
•
106th Congress (January 6, 1999),
•
108th Congress (January 7, 2003),
•
109th Congress (January 4, 2005),
•
110th Congress (January 4, 2007), and
•
111th Congress (January 6, 2009).
The 107th Congress was only one of these eight to begin on and
•
112th Congress (January 5, 2011).
In addition to the 113th Congress, the 107th Congress was the only one of these 10 to begin on
January 3, convening January 3,
2001.
The Vice President presides when the Senate first convenes; the Senate chaplain offers a 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.3
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. On occasion in recent years, the majority leader or the majority
1
P.L. 111-289, enacted November 30, 2010. Record.3
1
For example, P.L. 111-289, enacted November 30, 2010, set the date of January 5, 2011, for the 112th Congress to
convene.
2
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,
159, January 5, 20113, 2013, pp. S1-S4. Senators
S1-S4. Senators appointed since the last election may be also sworn in when the Senate convenes. For example,
Senator Jim DeMint of South Carolina had been elected to the Senate in 2010, and announced his resignation on
December 6, 2012, effective January 1, 2013. Tim Scott was appointed on December 17, 2012, to fill the vacancy and
was sworn in on January 3, 2013. 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
Kirsten Gillibrand had been appointed to fill the vacancy in the 111th Congress created by the appointment of Senator
Hillary Clinton to become Secretary of State. When she won election to the 112th Congress, Senator Gillibrand
completed her service in the 111th Congress and was sworn in on January 5, 2011, to serve the remaining two years of
the Clinton seat’s tenure. For information on filling Senate vacancies, see CRS Report R40421, Filling U.S. Senate
Vacancies: Perspectives and
Contemporary Developments, by Thomas H. Neale.
2
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
; and CRS Report R41031, Beginning
and End of the Terms of United States Senators Chosen to Fill Senate Vacancies, by Jack Maskell.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
Oath of Office and Quorum
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.4 On occasion in recent years, the majority leader or the majority
and minority leaders might first be recognized for brief remarks.45 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.56
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.67 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.78
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).89
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.9
These objects have included family heirlooms and other items meaningful to the individual
Senator. or another item.10 Some Senators have heldhold 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 the ceremonial
swearing-in.
4
taken.
4
See CRS Report R41946, Qualifications of Members of Congress, by Jack Maskell.
See, for example, Senators Tom Daschle and Trent Lott, “A Historic Day,” Congressional Record, vol. 147, part 1
(January 3, 2001), pp. 1-2.
56
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, part 1 (January 6, 2009), p. S845; and Senator
Mitch Mitch
McConnell, “Minnesota Senate Race,” p. S12.
6Congressional Record, vol. 155, part 1 (January 6, 2009), p. 49. See also CRS
Report R40105, Authority of the Senate Over Seating Its Own Members: Exclusion of a Senator-Elect or SenatorDesignate, by Jack Maskell.
7
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 dating from the period after the Civil War. A Senator signs this book each time he or she takes the
oath of office.
7 See http://www.senate.gov/artandhistory/history/common/briefing/Oath_Office.htm#3.
8
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.)
89
The President’s oath is set forth in the Constitution (U.S. Const. art. II, § 1, cl. 7).
910
Traditions, pp. 3-4.
5
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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.10When the Vice President (or another individual of a Senator’s choosing) and individual Senators
subsequently re-enact the swearing-ins 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 the ceremonial
swearing-in. Individuals might also record a ceremonial swearing-in.
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, fulfilling the constitutional requirement that a quorum
be present to conduct business.11
Notification to the President and the House
The majority leader offers simple resolutions that the President (S.Res. 1, 113th Congress) and the
House (S.Res. 2, 113th 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.12
Election of the President Pro Tempore
As provided by the Constitution, the President pro tempore is chosen by the Senate to preside
during the absence of the Vice President.1113 Referred to as the President pro tem, this majorityparty Senator usually has his party’s longest continuous Senate service.1214
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 simple resolution and then
then escorted to the front of the chamber to be sworn in by the Vice President. Afterwards, the Senate
adopts
Senate adopts simple resolutions to notify the House and the President of the election of the
President pro
tempore.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 tempore.15
11
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 and
218 in the House, assuming no vacancies. For an explanation of quorum requirements in the Senate, see CRS
Report Report
98-775, Quorum Requirements in the Senate: Committee and Chamber, coordinated by Elizabeth Rybickiby Betsy Palmer. A Senator
might be
absent on opening day due to illness, family needs, or another reason.
11
U.S. Const. art. I, § See also http://www.senate.gov/
artandhistory/art/special/Desks/hdetail.cfm?id=4.
12
See “Informing the President of the United States That a Quorum of Each House Is Assembled,” Congressional
Record, daily edition, vol. 159, January 3, 2013, p. S6.
13
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.
12 The Vice President
also sometimes presides at the request of the majority or minority.
14
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.
1315
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.
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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(continued...)
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Party Leadership
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. No floor votes are needed to ratify
these changes.16
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.17 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 typically appointed by the President pro tempore for only the duration of a Congressonly two
Congresses, they are
appointed or reappointed every twofour years and simple resolutions adopted
confirming the appointments’
duration.1518
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 and 111th Congresses. The
Senate also
adopted simple 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. sergeant at arms.19
(...continued)
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; and “Electing Patrick J. Leahy President Pro Tempore,” Congressional Record, daily
edition, vol. 158, December 17, 2012, p. S8089, upon Senator Inouye’s death.
16
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. See also CRS Report RL30567, Party Leaders
in the United States Congress, 1789-2013, by Valerie Heitshusen.
17
See CRS Report 98-747, Secretary of the Senate: Legislative and Administrative Duties, by Jacob R. Straus; CRS
Report 98-748, Sergeant at Arms and Doorkeeper of the Senate: Legislative and Administrative Duties, by Jacob R.
Straus; and CRS Report R41807, House and Senate Chaplains: An Overview, by Ida A. Brudnick. See also CRS Report
RS20544, The Office of the Parliamentarian in the House and Senate, by Valerie Heitshusen; and CRS Report
RS22891, Office of Senate Legal Counsel, by Matthew E. Glassman.
18
“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
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p.
S14. If a vacancy occurs during a two-year Congress, it may be filled at that time. When David Schiappa resigned as
minority secretary on August 1, 2013, the Senate elected Laura Dove to the position. See “Electing Laura C. Dove as
Secretary for the Minority of the Senate,” Congressional Record, daily edition, vol. 159, August 1, 2013, p. S6259.
19
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.
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Daily Meeting Time of the Senate
The Senate establishes its daily hour of meeting by a simple resolution, which must be renewed
each Congress. This resolution is usually offered by the majority leader.20
Other First-Day Floor Activities
Other organizational business is taken up on the Senate floor on the first day. At the beginning of
the 113th 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.21 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
interpreted the constitutional arrangement to mean that it is a continuing body and does not have
, since a quorum is
always sitting, and that it therefore does not have to organize itself with each new Congress, as
does the House of Representatives.22 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
20
See, S.Res. 3 (113th Cong.), agreed to in the Senate January 3, 2013. See also CRS Report 98-865, Flow of Business:
Typical Day on the Senate Floor, by Christopher M. Davis.
21
Senator Harry Reid, “Unanimous Consent Agreement,” Congressional Record, daily edition, vol. 159, January 5,
2013, p. S7.
22
See CRS Report RL30788, Parliamentary Reference Sources: Senate, by Megan S. Lynch and Richard S. Beth; and
(continued...)
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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.23
The Democratic and Republican leaders might address the Senate, possibly describing highlights
of the legislative schedule ahead or discussing other pertinent issues.2024 Sometimes on the first
day, the Senate might also adopt a concurrent 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.
1925
The Senate might also by unanimous consent set an initial date other than the convening day on
which bills and joint resolutions may be introduced.26
Other first-day activities might occur as a consequence of specific circumstances. For example,
following a presidential election, the Senate must adopt a concurrent resolution to meet in joint
session with the House to count the electoral votes for the President and Vice President,27
continue the Joint Congressional Committee on Inaugural Ceremonies, and permit use of the
Capitol for inaugural activities.28 On the first day of the 106th Congress, there were several
(...continued)
CRS Report 98-503, Publications of the U.S. Senate, by Matthew E. Glassman.
23
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.
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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,23 continue the Joint
Congressional Committee on Inaugural Ceremonies, and permit use of the Capitol for inaugural
activities.24 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.25
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.
24
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.
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.
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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 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.32
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. Mrs. Amer has retired from the Congressional Research Service.
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.
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without a two-thirds vote as provided in Senate Rule XXII to cut off a filibuster against a rules change. See Senator
Tom Udall, “Senate Rules Changes,” Congressional Record, daily edition, vol. 159, January 3, 2013, pp. S10-S12.
Debate over potential rules changes in the 113th Congress occurred on January 3 and culminated in the Senate’s
adoption by wide margins of S.Res. 15 and S.Res. 16 on January 24. See Senators’ remarks and debate on the
resolutions beginning with Senator Tom Harkin, “The Filibuster,” Congressional Record, daily edition, vol. 159,
January 24, 2013, p. S247, and continuing through S274. See CRS Report R42996, Changes to Senate Procedures at
the Start of the 113th Congress Affecting the Operation of Cloture (S.Res. 15 and S.Res. 16), by Elizabeth Rybicki. (The
Senate later in the 113th Congress created a new precedent related to the filibuster of nominations. See “Rules Reform,”
Congressional Record, daily edition, vol. 159, November 21, 2013, pp. S8414-S8418. See also CRS Report R43331,
Majority Cloture for Nominations: Implications and the “Nuclear” Proceedings, by Valerie Heitshusen.) See also
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. See also CRS Report R42928, “First Day”
Proceedings and Procedural Change in the Senate, by Valerie Heitshusen.
24
For the opening-day remarks of the leaders of the 113th Congress, see Senator Harry Reid, “Convening the 113th
Congress,” Congressional Record, daily edition, vol. 159, January 3, 2013, pp. S8-S9; and Sen. Mitch McConnell,
“Opening of the 113th Congress,” pp. S9-S10. The majority leader might also have been recognized earlier in the day’s
proceedings for a special purpose. See, for example, Senator Bill Frist, “Moment of Silence for Tsunami Victims,”
Congressional Record, vol. 151, part 1 (January 4, 2005), p. 1.
25
See S.Con.Res. 3 (113th Cong.), agreed to in the Senate January 3, 2013.
26
See Senator Harry Reid, “Introduction of Bills and Joint Resolutions,” Congressional Record, daily edition, vol. 159,
January 3, 2013, p. S7. See also CRS Report 98-429, The Senate’s Calendar of Business, by Betsy Palmer; and CRS
Report 98-438, The Senate’s Executive Calendar, coordinated by Elizabeth Rybicki.
27
See S.Con.Res. 1 (113th Cong.), agreed to in the Senate January 3, 2013. See “Providing for the Counting of
Electoral Votes for President and Vice President of the United States,” Congressional Record, daily edition, vol. 159,
January 3, 2013, pp. S6-S7. See also CRS Report RL32717, Counting Electoral Votes: An Overview of Procedures at
the Joint Session, Including Objections by Members of Congress, by Jack Maskell and Elizabeth Rybicki.
28
See S.Con.Res. 2 (113th Cong.), agreed to in the Senate January 3, 2013. See “Extending the Life of the Joint
Congressional Committee on Inaugural Ceremonies,” Congressional Record, daily edition, vol. 159, January 3, 2013,
p. S7.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
announcements and a discussion related to the pending impeachment trial of President Bill
Clinton.29
In the 112th Congress, one of the first matters the Senate took up after Senators were sworn was a
simple resolution (S.Res. 4) honoring Senator Barbara Mikulski “for becoming the longestserving female Senator in history.”30 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.31 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.32
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.33 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,34 the President, and executive
departments and agencies.35 The Senate also receives new messages, such as from the House on
its convening and election of the Speaker and its officers.36 On the first day of a new Congress,
messages will be disposed of, typically by reference to the relevant committee.
29
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.
30
“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.
31
“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.
32
“Working Group—Lower Level Executive Nominations,” Congressional Record, daily edition, vol. 157, January 5,
2011, pp. S14-S15. See also S.Res. 116 (112th Cong.), agreed to in the Senate June 29, 2011, establishing a standing
order on privileged nominations entitled to expedited procedures; and P.L. 112-166, the Presidential Appointment
Efficiency and Streamlining Act of 2011.
33
See CRS Report 96-548, The Legislative Process on the Senate Floor: An Introduction, by Valerie Heitshusen. See
also CRS Report 98-728, Bills, Resolutions, Nominations, and Treaties: Characteristics, Requirements, and Uses, by
Richard S. Beth; and CRS Report 98-706, Bills and Resolutions: Examples of How Each Kind Is Used, by Richard S.
Beth. The Senate might pass legislation if it allowed it to be introduced. See, for example, “Robert T. Stafford White
Rocks National Recreation Area,” Congressional Record, vol. 153, part 1 (January 4, 2007), pp. 267-270. See also
“Provision of a 5-Month Extension of the Temporary Extended Unemployment Compensation Act of 2002,”
Congressional Record, vol. 149, part 1 (January 7, 2003), p. 70.
34
See “Message from the House Received during Adjournment, 112th Congress,” Congressional Record, daily edition,
vol. 159, January 3, 2013, pp. S12-S13.
35
See “Executive and Other Communications,” Congressional Record, daily edition, vol. 159, January 3, 2013, p. 13.
See also: 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. See also “Removal of Injunction of Secrecy—Treaty Document No. 107-1,” Congressional
Record, vol. 147, part 1 (January 3, 2001), p. 15.
36
See “Messages from the House,” Congressional Record, daily edition, vol. 159, January 3, 2013, S13.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
Certain administrative notices might also appear in the opening-day Congressional Record.37
Certain records might also appear in the opening-day Congressional Record.38
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.39 The only action visible on the
chamber floor is the subsequent adoption of simple resolutions assigning Senators from each
party to committees agreed upon by the respective party conference. The adoption of both parties’
resolutions is routine.40
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.41
Committee funding resolutions (S.Res.) are also considered later in February or early March.42
37
See, for example, “Notice: Registration of Mass Mailings,” Congressional Record, daily edition, vol. 157, January 5,
2011, p. S68.
38
See “Foreign Travel Financial Reports,” Congressional Record, vol. 151, part 1 (January 4, 2005), p. 31.
39
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. See also CRS Report RL34752, Senate
Committee Party Ratios: 98th - 112th Congresses, by Matthew E. Glassman.
40
See CRS Report RL30743, Committee Assignment Process in the U.S. Senate: Democratic and Republican Party
Procedures, by Judy Schneider; CRS Report 98-183, Senate Committees: Categories and Rules for Committee
Assignments, by Judy Schneider; and CRS Report 98-635, Assignments to Senate Subcommittees, by Judy Schneider.
41
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. Committee assignments were made on the
opening day of the 104th Congress, however. See “A Resolution Making Majority Party Appointments to Certain
Senate Committees for the 104th Congress,” and “To Make Minority Appointments to Senate Committees under
Paragraph 2 of Rule XXV for the One Hundred and Fourth Congress,” Congressional Record, daily edition, vol. 141,
part 1 (January 5, 1995), p. 8.
42
See CRS Report R43160, Senate Committee Funding: Description of Process and Analysis of Disbursements, by
Matthew E. Glassman and Daniel Didech; and CRS Report R40424, Senate Committee Expenditures Resolutions, 113th
Congress, and Funding Authorizations Since 1999, by Matthew E. Glassman.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor
Author Contact Information
Michael L. Koempel
Senior Specialist in American National Government
mkoempel@crs.loc.gov, 7-0165
Christina Wu
Research Associate
cwu@crs.loc.gov, 7-7023
Judy Schneider
Specialist on the Congress
jschneider@crs.loc.gov, 7-8664
Acknowledgments
This report was originally developed and maintained over many years by Mildred Lehmann Amer, a
specialist on the Congress. Mrs. Amer has retired from the Congressional Research Service.
Congressional Research Service
9