This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with red strikethrough and textual matter added in the later version is indicated with blue.
Article 1, Section 2 of the Constitution sets a term of office of two years for all Members of the House. One House ends at the conclusion of each two-year Congress, and the newly elected Representatives must constitute a new House at the beginning of the next Congress. Consequently, the House must choose its Speaker and officers and adopt the chamber's rules of procedure every two years.
The Constitution mandates that Congress convene at noon on January 3, unless the preceding Congress by law designated a different day. P.L. 113-201 set January 6, 2015, as the convening date of the 114th Congress. (A decision on convening the 115th Congress is expected during the "lame-duck" meeting of the 114th Congress.) Although no officers will have been elected when the House first convenes, officers from the previous Congress perform certain functions, such as conducting the election of the Speaker.
The House follows a well-established first-day routine. The proceedings include
On opening day, the House often adopts resolutions assigning some or many of its Members to committees. This process regularly continues over several more weeks. The committee assignment process occurs primarily within the party groups—the Republican Conference and the Democratic Caucus. Other routine organizational business may also be taken up on the House floor on the first day, such as adoption of a resolution to allow a judge or a Member of Congress to administer the oath of office to one or more Members-elect who are absent.
Some resolutions on opening day are dependent on specific circumstances and do not occur at the beginning of each new Congress. At the outset of a new Congress following a presidential election, the House must adopt a resolution providing for the counting by the new Congress of electoral votes cast for President and Vice President.
This report will be updated after the convening of the 114115th Congress. For an explanation of proceedings occurring on the first day in the Senate, see the companion report: CRS Report RS20722, The First Day of a New Congress: A Guide to Proceedings on the Senate Floor, by [author name scrubbed] and [author name scrubbed].
The House of Representatives follows a well-established routine on the opening day of a new Congress. The proceedings include electing and swearing in the Speaker, swearing in Members,1 electing and swearing in House administrative officers, and adopting rules of procedure and various administrative resolutions. Resolutions assigning some or many Members to committees may also be adopted.
The House must take these actions at the beginning of each new Congress because it is not a continuing body. Article 1, Section 2 of the Constitution sets a term of office for Members of the House at two years. Thus, one House ends at the conclusion of each two-year Congress, and the newly elected Representatives must constitute a new House at the beginning of a new Congress.2
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 by law designated a different day for the new Congress's convening. On November 20, 2014, the 113th Congress completed action on H.J.Res. 129, setting the convening date for the 114th Congress as January 6, 2015. The joint resolution was signed into law by President Obama on December 4 (P.L. 113-201).3
The 113th Congress convened January 3, 2013. In recent years, however, (A decision on convening the 115th Congress is expected during the "lame-duck" meeting of the 114th Congress.)
In recent years, it has been the exception rather than the rule for a new Congress to begin on January 3. Eight of the past 1011 Congresses began on a date other than January 3—
In addition to the 113th Congress, the 107th Congress was the only one of these 10, and
Although no officers of the House will have been elected when the House first convenes, officers from the previous Congress perform certain functions.4 The previous Clerk of the House calls the House to order and presides over the chamber until the Speaker is elected and sworn in. In the absence of the Clerk, the Sergeant at Arms performs this duty.5
After the Clerk calls the Representatives-elect to order, the chaplain offers a prayer. The Clerk leads the Members-elect and their guests in reciting the Pledge of Allegiance. The Clerk then directs a reading clerk to call the roll of all Members-elect to establish that a quorum is present.6 In current practice, the roll is not actually called by a clerk; rather, the Members-elect record their presence by inserting their official voting cards (obtained prior to or on opening day) in the chamber's electronic voting machines. Once the call of the roll is completed, a majority having registered their names, a quorum (218) is indicated. This action fulfills the requirements of Article I, Section 5 of the Constitution that a quorum be present to conduct business.
The Clerk then announces the election of the Resident Commissioner from Puerto Rico (when applicable since the Resident Commissioner's term is four years) and of the Delegates—one person from the District of Columbia and one person from each of the territories of Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and American Samoa.7 The Clerk also reports any deaths or resignations since the election.8
A quorum being present, the first order of official business is the election of the Speaker of the House of Representatives.9
The candidates for Speaker are nominated from the floor by the leaders of their respective parties. Traditionally, there is one candidate from the majority party and one from the minority party, selected by the Republican Conference and the Democratic Caucus at their early organizational meetings.11 Individual Members-elect may place other names in nomination. Debate on the nomination of candidates for Speaker is allowed but not customary.12 Instead, the nominations are followed immediately by a viva voce roll-call vote, that is, a vote in which the Members-elect respond orally to the calling of their names. In this vote, the Members-elect call out the last name of their choice for Speaker when their names are called by a reading clerk. The Clerk appoints Members-elect to serve as majority and minority tellers, usually two each, to ascertain the vote.13 The majority party is able to assure the election of its candidate because the vote is So long as nearly all of the majority party's members vote for its candidate, the majority party is able to assure its candidate's election because the vote is likely to be almost exclusively along party lines.14 The candidates themselves, however, often vote "present" or do not vote.15
The following excerpt is from the proceedings for the election of the Speaker in the 113114th Congress.16
ELECTION OF SPEAKER
The CLERK. Pursuant to law and precedent, the next order of business is the election of the Speaker of the House of Representatives for the 113114th Congress. Nominations are now in order.
The Clerk now recognizes the gentlewoman from Washington (Mrs. McMORRIS RODGERS)
Mrs. McMORRIS ROGERS. ... So it is with great optimism and hope for the great work that we can accomplish together thatMCMORRIS RODGERS. ... Madam Clerk, as chair of the Republican Conference—on a and by unanimous vote of thethat conference—, I present for election to the Officeoffice of the Speaker of the House of Representatives for the 113114th Congress the name of the Honorable JOHN A. BOEHNER....
The Clerk now recognizes the gentleman from California (Mr. BECERRA).
Mr. BECERRA. ... I am tasked, have been empowered [as chairman of the Democratic Caucus, through the vote of that caucus, to present for election to the Office of ] ... to put the name of the gentlewoman from San Francisco ... forward for the office of the Speaker of the House of Representatives tofor the 113th Congress the name of the Right Honorable NANCY PELOSI, a Representative for the people, duly elected from the State of California.
The CLERK. The names of the Honorable JOHN A. BOEHNER, a Representative-elect from the State of Ohio, and the Honorable NANCY PELOSI, a Representative-elect from the State of California, have been placed in nomination.
Are there further nominations?
Mr. MASSIE. Madam Clerk, I present ... the name of the Honorable TED YOHO ...from the great State of Florida. The CLERK. Are there further nominations? Mr. BRIDENSTINE. Madam Clerk, I present ... the name of Judge LOUIE GOHMERT ... from the great State of Texas. The CLERK. Are there further nominations? Mr. KING. Madam Clerk, I rise to ... place in nomination the name of DANIEL WEBSTER ... from the great State of Florida. The CLERK. Are there further nominations? The names of the Honorable JOHN A. BOEHNER, a Representative-elect from the State of Ohio; the Honorable NANCY PELOSI, a Representative-elect from the State of California; the Honorable TED YOHO, a Representative-elect from the State of Florida; the Honorable LOUIE GOHMERT, a Representative-elect from the State of Texas; and the Honorable DANIEL WEBSTER, a Representative-elect from the State of Florida, have been placed in nomination.
The gentlewoman from Michigan (Mrs. MILLER); the gentleman from Pennsylvania (Mr. BRADY); the gentlewoman from Ohio (Ms. KAPTUR); and the gentlewoman from Florida (Ms. ROS-LEHTINEN).
The tellers will come forward and take their seats at the desk in front of the Speaker's rostrum.
The roll will now be called, and those responding to their names will indicate by surname the nominee of their choosing.
The Reading Clerk will now call the roll.
The tellers having taken their places, the House proceeded to vote for the Speaker.17
...
The CLERK. The tellers agree in their tallies that the total number of votes cast is 426408, of which the Honorable JOHN A. BOEHNER of the State of Ohio has received 220 votes, and216, the Honorable NANCY PELOSI of the State of California has received 192 votes, the Honorable RAÚL LABRADOR of the State of Idaho has received 1, the Honorable JOHN LEWIS of the State of Georgia has received 1, the Honorable ERIC CANTOR of the State of Virginia has received 3, the Honorable ALLEN WEST has received 2, Colin Powell has received 1, the Honorable JIM JORDAN of the State of Ohio has received 1, David Walker has received 1, the Honorable JIM COOPER of the State of Tennessee has received 2, the Honorable JUSTIN AMASH of the State of Michigan has received 1, the Honorable JOHN DINGELL of the State of Michigan164, the Honorable DANIEL WEBSTER of the State of Florida has received 12, the Honorable LOUIE GOHMERT of the States of Texas has received 3, the Honorable TED S. YOHO of the State of Florida has received 2, the Honorable JIM JORDAN of the State of Ohio has received 2, the Honorable JIM COOPER of the State of Tennessee has received 1, the Honorable PETER A. DEFAZIO of the State of Oregon has received 1, the Honorable JEFF DUNCAN of the State of South Carolina has received 1, the Honorable TREY GOWDY of the State of South Carolina has received 1, the Honorable JOHN LEWIS of the State of Georgia has received 1, the Honorable KEVIN MCCARTHY of the State of California has received 1, the Honorable RAND PAUL of the Commonwealth of Kentucky has received 1, the Honorable JEFF SESSIONS of the State of Alabama has received 1, and the Honorable Colin Powell has received 1, with 1 recorded as ''present.''
Therefore, the Honorable JOHN A. BOEHNER of the State of Ohio, having received the majority of the votes cast, is duly elected Speaker of the House of Representatives for the 113114th Congress.
After election, the Clerk appoints a bipartisan committee to escort the Speaker-elect to the Speaker's chair on the dais. The Speaker-elect is escorted by leaders of both parties and, often, by Representatives-elect from his or her home state. He or she is introduced to the chamber by the minority leader, who first delivers a short statement from the chair. The Speaker often responds with a statement of his or her own and then takes the oath of office.18 By precedent, the dean of the House, the most senior (longest-serving) Member, regardless of party, administers the oath to the Speaker.19 That oath is identical to that of the other Members. (See "Oath of Office for Members-Elect.")
The Speaker during the day's proceedings delivers a letter to the Clerk listing Members in the order in which they may act as the Speaker pro tempore, should a vacancy occur in the office, until a new Speaker is elected.20 The Speaker also appoints Members who may sign enrolled bills and joint resolutions.21
After taking the oath, the Speaker administers the oath to all Members of the House, en masse, including the nonvoting Delegates and Resident Commissioner. The Speaker directs the Representatives-elect to rise and raise their right hands. The oath, which follows, is stated in the form of a question, to which the newly elected Members respond in the affirmative:
[Do you] I do solemnly swear (or affirm) that [you] I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that [you] I will bear true faith and allegiance to the same; that [you] I take this obligation freely, without any mental reservation or purpose of evasion; and that [you] I will well and faithfully discharge the duties of the office on which [you] I am about to enter[?]. So help [you] me God.
An oath is mandated by Article VI of the Constitution, and its text is set by statute (5 U.S.C. 3331).2221 As the Members-elect raise their right hands, they are not required to hold anything in their left hands. Many have held a family Bible or another sacred text in their left hands, but there is no requirement that anything be held when the oath is taken.
The same is true for Representatives who re-enact the event with their families and the Speaker in the Speaker's office after the formal ceremony. Many Members choose to hold something meaningful in their left hands. These objects have often been, but are not limited to, a family heirloom or something else of special significance. Nothing, however, is required. It is up to the Member to determine what, if anything, he or she holds.2322 While photography is not permitted of the swearing-in on the House floor, ceremonial swearing-ins may be photographed or recorded.
Members who were not present when all Members were sworn in might take the oath in the House chamber later on opening day.2423 Occasionally, the swearing-in of a Member-elect is delayed because of illness or other circumstances. When that happens, the Member-elect is sworn in at a later date in the House chamber or elsewhere by someone designated by the Speaker. The oath of office may be administered by another Member or by a judge. The location has been at sites in Washington, DC, other than the Capitol and in other parts of the country.25
If the swearing-in of a Member is challenged, the Speaker, pursuant to House precedents, will ask the Member-elect to remain seated while the others are sworn in. The House then determines the disposition of the challenge.26
After the Speaker administers the oath of office, he or she receives reports from the chairs of the two party organizations, the Republican Conference and the Democratic Caucus, who announce their parties' choice for majority leader and minority leader.
Mrs. McMORRISMCMORRIS RODGERS. Mr. Speaker, as chair of the Republican Conference, I am directed by that conference to notify the House officially that the Republican Members have selected as majority leader the gentleman from VirginiaCalifornia, the Honorable ERIC CANTORKEVIN MCCARTHY.
Mr. BECERRA. Mr. Speaker, as chairman of the Democratic Caucus, I have been directed to report to the House that the Democratic Members have selected as minority leader the gentlewoman from California, the Honorable NANCY PELOSI.27
The party chairs then announce the names of those elected to serve as majority and minority whips.2827
The House next turns to the election of its administrative officers: Clerk, Sergeant at Arms, Chief Administrative Officer, and Chaplain. A simple resolution nominating the slate of candidates is offered by the chair of the caucus or conference of the majority party. The minority party proposes its own roster of candidates as an amendment to the majority party's resolution. By tradition, neither the resolution nor the amendment is debated, although the slate can be divided with a separate vote on any or all officers.2928 Again, because of its numerical advantage, the majority is able to defeat the minority substitute and to adopt the resolution naming its chosen candidates. The Speaker administers the oath to the newly elected officers.30
Six staff of the minority party leadership are subsequently designated.3130
The House considersadopts simple resolutions to formally notify the Senate and the President that it has elected its leaders, is assembled, and is ready to receive messages from them. Subsequently, the majority and minority leaders as well as two Senators (usually the majority and minority leaders) telephone the President with the news that Congress is ready to begin its work. The Clerk of the House is also authorized by resolution to inform the President that the House has selected its Speaker and Clerk.32
The next order of business is the adoption of the rules of the House. Although the rules of one House do not carry over to the next House, a newly elected House typically approves its rules by adopting the rules of the previous Congress with specific amendments.33 Traditionally, prior to the first day of a new Congress, majority and minority Rules Committee members and possibly other party groups have worked on any changes the majority or minority wish to implement in the House's standing rules.34 With the majority party's numerical advantage, its rules package, as presented, prevails.35
The majority's proposed rules are offered in the form of a House simple resolution, most often numbered H.Res. 5.36 Since there are at that time no existing House rules, the resolution is considered under "general parliamentary law," which the House interprets to include the rules in force in the preceding Congress.37 Debate is normally limited to one hour, although the time might be extended by unanimous consent, and the majority party floor manager of the resolution traditionally yields half the debate time "for purposes of debate only" to the minority floor manager. Participants in the debate discuss the majority's proposal and any minority-party alternate proposal.38
At the end of debate time, the majority manager moves the previous question. The majority party's numerical advantage assures the adoption of this motion. The effect is to force a nearly immediate vote on the question of final approval of the majority's own rules package. Adoption of the previous question motion ends debate and prevents the minority from actually offering its alternate rules package.39 Nonetheless, the minority still has the ability to offer a motion to commit with instructions, that is, one more chance to offer an amendment to the majority's rules resolution. Only 10 minutes of debate, equally divided, is allowed but the House often forgoes this debate by unanimous consent. With its numerical majority, the majority party is able to prevail in defeating a motion to commit, if offered,40 and, then, in adopting its rules resolution.41
In addition to providing forallowing the adoption of the previous House's rules with specific amendments to those rules, a rules resolution may provideinclude other provisions that govern for additional House action or activities. Such provisions typically appear as the final sections of the rules resolution, may be extensive, and may be labeled as separate orders, additional orders, or even with a specific name. In the 113114th Congress rules resolution, Section 3 was labeled Separate Orders; Section 4 was labeled Committees, Commissions, and House Offices; and Section 5 was labeled Additional OrdersOrder of Business.
The separate orders in Section 3 pertained to House rules (e.g., access to House exercise facilities by former Members who are registered lobbyists) and rules in rulemaking statutes (e.g., the Congressional Budget Act). TheThese separate orders and other orders departed from or interpreted these rules in a specific manner for the duration of only the 113th Congress.42
The provisions related to committees, commissions, and House offices in Section 4 covered a range of special authorities operational for only the 113th Congress. For example, provisions continued from the 112th Congress the Bipartisan Legal Advisory Group's intervention in the defense in the courts of the Defense of Marriage Act andpending an occurrence, for the first session of the 114th Congress, or for the duration of the 114th Congress.42 Another provision of Section 3 authorized the Oversight and Government Reform Committee's and the Office of General Counsel's status in to continue legal actions related to an investigation of a gun-running investigation of the Justice Department.43 Other provisions also continued the operation of four House simple resolutions, adopted in the 110th Congress, pertaining to the House Democracy Project, the Tom Lantos Human Rights Commission, the Office of Congressional Ethics, and the empaneling of investigative subcommittees by the House Ethics Committee.44, begun in the 112th Congress.
The provisions related to committees, commissions, and House offices in Section 4 continued the existence for the 114th Congress of resolutions from prior Congresses covering various entities and authorities, such as the Select Committee on the Events Surrounding the 2012 Terrorist Attack in Benghazi, established in the 113th Congress.43 The House needed to formally indicate that these resolutions were in effect since a simple resolution normally expires at the end of the Congress in which it is adopted.
An additional order in Section 5 provided for the reading of the Constitution in the House.45 Another order allowed a motion to suspend the rules on Friday, January 4, 2013, so that the House could consider a flood insurance measure under that procedure; without this order, the motion could be made only on Mondays, Tuesdays, and Wednesdays.46
The terms special order and special rule are used somewhat interchangeably.4745 In either case, it may make in order House consideration of a measure and establish the terms of the measure's debate and amendment, among other provisions. It might also alter specific rules of the House, perhaps permitting an action that would otherwise be prohibited. When the majority party wishes to begin moving quickly in a new Congress on legislation, it might include in the rules resolution special orders making in order the consideration of specified measures or temporarily altering specific rules to allow the consideration of a specified measure.
In the 113.
In the 111th Congress, for exampleSection 5 of H.Res. 5 allowed a motion to suspend the rules on Friday, January 4, 2013, so that the House could consider a flood insurance measure under that procedure; without this order, the motion could be made only on Mondays, Tuesdays, and Wednesdays. A similar provision in Section 5 of H.Res. 5 in the 112th Congress applied to a resolution to be considered on Thursday, January 6, 2011, that reduced salaries and expenses authorized for Member, committee, and leadership offices. This provision also expanded the debate time of 40 minutes under the rule on suspension of the rules to 2 hours.46
In the 111th Congress, Section 5 of H.Res. 5 made in order the consideration of H.R. 11, the Lilly Ledbetter Fair Pay Act, and H.R. 12, the Paycheck Fairness Act, and set the terms for the measures' debate. The House agreed to H.Res. 5 on January 6, 2009. On January 9, it considered H.R. 11 and H.R. 12 under the terms of the special order included in H.Res. 5, and passed the bills.
In the 110th Congress, special orders were included in H.Res. 6 providing for the consideration of H.R. 1, pertaining to recommendations of the 9/11 Commission; H.R. 2, relating to the minimum wage; H.R. 3, governing stem cell research; and H.R. 4, authorizing the Secretary of Health and Human Services to negotiate drug prices under Medicare Part D.
H.Res. 5 in the 106th Congress made in order consideration of a resolution to amend the House gift rules H.Res. 9), and H.Res. 6 in the 104th Congress made in order the consideration of H.R. 1, the Congressional Accountability Act.
On the day of convening, the Speaker customarily announces the Speaker's policies with respect to certain floor practices for the duration of the Congress. These policies are grounded in authority or discretion granted the Speaker in the rules. The 10 policies in effect for the 113114th Congress address
The Speaker, the chair of the Rules Committee, or the chairs of relevant committees might submit memoranda of understanding for printing in the Congressional Record. These memoranda most often provide guidance to the Speaker on the referral of legislation where an ambiguity is present, possibly triggered by a change in rules. In the 114th Congress, for example, the Speaker inserted three memoranda of understanding between the chair of the Judiciary Committee and, respectively, the chairs of the Agriculture, Energy and Commerce, and Ways and Means Committees.52 In adopting H.Res. 5, the House made a change in the Judiciary Committee's jurisdiction by adding the phrase "and criminalization" to the committee's jurisdiction over "criminal law enforcement."53 The change was intended to "cover measures that alter the elements of a crime so as to criminalize new conduct and, in so doing, trigger an existing criminal penalty." Measures reported from committees other than Judiciary with these kinds of provisions had affected the scope of the Judiciary Committee's jurisdiction over criminal law enforcement.54
The Speaker might alternately include a policy statement in the Speaker's announcements for a Congress.55
Speaker Designates Alternates to Sign Enrolled MeasuresThe Speaker also appoints Members who may sign enrolled bills and joint resolutions.56
Daily Meeting Time for the HouseThe House establishes its daily hour of meeting for the first session of the new Congress by a simple resolution. It must therefore be renewed for the next session of Congress.49
The House by unanimous consent provides forallows a period preceding House sessions that is called Morning Hour. WhenIn Morning Hour occurs, Members may speak up to five minutes on topics of their choice.5058
To eliminate a routine daily unanimous consent request, the House agrees by unanimous consent at the beginning of a Congress that Members may publish remarks and include supporting information in the Extension of Remarks section of the Congressional Record.51
The House adopts a concurrent resolution (H.Con.Res. 1, 113114th Congress) by unanimous consent to allow the Speaker and the majority leader of the Senate (or their designated representatives) to notify the Members of the House and Senate to assemble outside of Washington, DC, if circumstances require it.52
The committee assignment process occurs largely within the party groups—the Republican Conference and the Democratic Caucus. The conference and the caucus have their own rules governing committee assignments. The only action visible on the chamber floor is the adoption of simple resolutions that implement the committee nominations recommended by the conference and the caucus. The adoption of such resolutions is routine and occurs without debate or amendment because of the tacit understanding that each party has a right to establish its own internal distribution of assignments. The House may take up one or more assignment resolutions on opening day, but the consideration of additional assignment resolutions extends throughout January and possibly for several additional weeks.53
The House typically in March adopts a funding resolution for its committees. Interim funding through March would have been provided by the House in the preceding Congress.54
Other routine organizational business may be taken up on the House floor on the first day. Concurrent resolutions may be adopted providing for a joint session of Congress to receive the President's State of the Union message, or providing for an adjournment of the House and Senate.5563 The Speaker and minority leader might make appointments to commissions or committees or other offices.5664 A resolution of condolence on the death of a Member that occurred subsequent to the adjournment of the last Congress may also be considered.57
Some resolutions are dependent on specific circumstances and dothat might not occur on the first day ofin every new Congress. For example, following a presidential election, the new House must adopt one or more resolutions providing for the counting by the new Congress of electoral votes cast for the President and Vice President of the United States; continuing the Joint Congressional Committee on Inaugural Ceremonies; and authorizing the use of the Capitol and its grounds for inaugural activities.58
After the House has completed its initial organizational proceedings, it might then turn to legislative5967 or routine business, which normally completes its legislative day. Routine business might include the introduction of bills and resolutions,6068 receipt and referral of messages from the President and executive communications and agencies,6169 receipt of messages from the Senate,6270 one-minute and special-order speeches,6371 and notices and announcements required by House rule or regulation.64
72
Author Contact Information
This report was originally written by [author name scrubbed], former CRS specialist on the Congress. Mrs. Amer has retired from the Congressional Research Service.
| 1. |
|
|||||||||||||
| 2. |
For information on the convening of the House, see Wm. Holmes Brown, Charles W. Johnson, and John V. Sullivan, "Assembly of Congress," in House Practice, A Guide to the Rules, Precedents, and Procedures of the House of Representatives (Washington: GPO, 2011), pp. 153-161. (Hereinafter, House Practice.) 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 [author name scrubbed]. |
|||||||||||||
| 3. |
No equivalent law was enacted to set the convening date for the 113th Congress, which convened in 2013 on the constitutionally anticipated date of January 3. |
|||||||||||||
| 4. |
CRS Report 98-396, Guide to Individuals Seated on the House Dais, by [author name scrubbed]. |
|||||||||||||
| 5. |
See House Rule II, cl. 2, in Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United State, One Hundred |
|||||||||||||
| 6. |
"All Members-elect whose credentials have been received by the Clerk are included in the first roll call on opening day to establish a quorum." Delegates-elect and the Resident Commissioner, however, are not included in this roll call. See "Status and Rights of Members-elect" in House Practice, p. 157. See also CRS Report 98-870, Quorum Requirements in the House: Committee and Chamber, by [author name scrubbed]. |
|||||||||||||
| 7. |
By law, the term of service of Delegates is also two years, but the term of service of the Resident Commissioner is four years. See also CRS Report R40555, Delegates to the U.S. Congress: History and Current Status, by [author name scrubbed]. |
|||||||||||||
| 8. |
At the beginning of the 109th Congress, for example, the Clerk announced the death of Rep. Robert Matsui of California since the last regular election for In the 114th Congress, the Clerk announced the receipt of a letter from Rep.-elect Michael Grimm stating that he would not serve in the House. The Clerk [Karen l. Haas], "Resignation from the House of Representatives," letter, Congressional Record, daily edition, vol. 161 (January 6, 2015), p. H2. For background, see Emma Dumain, "Michael Grimm Could Resign This Week," CQ News, December 29, 2014, available at http://www.cq.com/doc/news-4595988?7&search=6bgZV46p.
In the 113th Congress, the Clerk announced the receipt of letters declining to serve in the House from Reps.-elect Jesse Jackson Jr. and Tim Scott. The Clerk [Karen L Haas], "Announcement by the Clerk," letters, Congressional Record, daily edition, vol. 159 (January 3, 2013), p. H2. Rep. Jackson has previously resigned from the 112th Congress November 21, 2012. Speaker pro tempore, "Resignation from the House of Representatives," letters, Congressional Record, daily edition, vol. 158 (November 27, 2012), pp. H6441-H6442. For background on Rep.-elect Jackson's resignation, see U.S. Department of Justice, "Former Congressman Jesse L. Jackson Jr. Sentenced to 30 Months in Prison for Conspiring To Defraud Campaign," press release, August 14, 2013, available from CQ.com at http://www.cq.com/pdf/govdoc-4333223. Rep.-elect Scott had been appointed January 2, 2013, by the governor of South Carolina to fill the Senate vacancy caused by the resignation of Sen. Jim DeMint. |
|||||||||||||
| 9. |
Prior to conducting the election of the Speaker, the retiring Clerk of the House addressed the chamber on opening day in 1995. See "Farewell Remarks of the Honorable Donnald K. Anderson," Congressional Record, vol. 141, part 1 (January 4, 2001), p. 440. |
|||||||||||||
| 10. |
See CRS Report RL30857, Speakers of the House: Elections, 1913- |
|||||||||||||
| 11. |
Although the Speaker has always been a Member of the House, this is not a constitutional requirement. In the 113th Congress, 10 individuals in addition to the party nominees received votes for Speaker, with 1 receiving 3 votes, 2 receiving 2 votes, and 7 receiving 1 vote each; 3 of the other individuals receiving votes were not |
|||||||||||||
| 12. |
At the commencement of the 105th Congress, the chair of the Democratic Caucus rose to "a question of the highest constitutional privilege" to offer a resolution calling for the postponement of the election of the Speaker until the completion of a pending investigation. His resolution proposed the election of an interim Speaker, but was ruled out of order by the Clerk. The appeal of the Clerk's ruling was tabled by vote of the House. See Rep. Vic Fazio, Congressional Record, vol. 143, part 1 (January 7, 1997), pp. 115-116. |
|||||||||||||
| 13. |
Tellers are Members or clerks who count, or record and count, votes cast. See "Election of the Speaker," Congressional Record, daily edition, vol. |
|||||||||||||
| 14. |
The Speaker is elected by a majority, not a plurality, of Members-elect. See House Rules and Manual, §27, p. 13. Independent Members typically vote for the candidate of the party with which they have chosen to caucus. |
|||||||||||||
| 15. |
In the 113th |
|||||||||||||
| 16. |
See "Election of the Speaker," Congressional Record, daily edition, vol. |
|||||||||||||
| 17. |
Prior to the voting for Speaker in the 106th Congress, a parliamentary inquiry was made by the Resident Commissioner from Puerto Rico and another Member-elect about the Delegates in the House being allowed to cast ballots for Speaker. The Clerk announced, however, that "Representatives-elect are the only individuals qualified to vote in the election of the Speaker." See "Election of Speaker," Congressional Record, vol. 145, part 1 (January 6, 1999), pp. 42-43. |
|||||||||||||
| 18. |
In the 106th Congress, the Speaker-elect broke with tradition and delivered his remarks from the floor of the House rather than the dais. See Rep. Dennis Hastert, "Election of the Speaker," Congressional Record, vol. 145, part 1 (January 6, 1999), pp. 44-45. |
|||||||||||||
| 19. |
Rep. John |
|||||||||||||
| 20. |
See "Announcement by the Speaker Pro Tempore," Congressional Record, daily edition, vol. | |||||||||||||
| 21. |
|
|||||||||||||
|
The President's oath is set forth in the Constitution (U.S. Const. art. II, §1, cl. 7). |
||||||||||||||
|
In the 110th Congress, for example, Rep.-elect Keith Ellison of Minnesota, the first Muslim elected to Congress, used a Quran when he re-enacted his swearing-in with the Speaker. See "First Muslim Lawmaker Takes Oath With Quran," USA Today, January 5, 2007, p. 3; and Gail Feinberg and the Library of Congress, "Members Borrow Historic Books from the Library," The Gazette, vol. 18, January 12, 2007, pp. 3-5. In 2008, Rep.-elect André Carson of Indiana, the second Muslim elected to Congress, used a copy of the House Rules and Manual for his ceremonial swearing-in after he was sworn in following election to a vacant seat in the 110th Congress. See Emily Heil and Anna Palmer, "Carson's Jeffersonian Moment," Roll Call, March 17, 2008, p. 19. |
||||||||||||||
|
Once a Member-elect has been sworn in, he or she may vote on all subsequent questions. If a Member misses a vote on opening day or any other occasion, he or she might want to make known a position on the question. See "Personal Explanation," in House Practice, pp. 944-945. |
||||||||||||||
|
Regarding Members sworn in at other times and in other places, see, for example: In the Regarding Members sworn in in the House chamber at other times than the day of convening, see, for example, the swearing-in of Reps.-elect In the 112th Congress, two Members were absent from the House chamber when Members were sworn in, but were in the Capitol complex. They were sworn in later on January 6. It was discovered that the Members had responded to various recorded quorum- and roll-calls before being so sworn and that they had taken other official actions as Members and that official actions were taken on their behalf before they were sworn. The House adopted a resolution vitiating their participation, correcting the Congressional Record, and validating actions that had been taken. See "Swearing in of Members," Congressional Record, |
||||||||||||||
|
On January 3, 1985, the seating of Rep.-elect Richard McIntyre of the Eighth Congressional District of Indiana was challenged. In that incident, the House adopted a resolution (H.Res. 1), declining to seat McIntyre and referring the challenge to the House Administration Committee for further examination. The Member-elect's opponent, Frank McCloskey, was ultimately seated. See "Election Contests and Disputes," in House Practice, pp. 481-486; and Rep. James Wright, "Referring Election of a Member from the Eighth Congressional District of Indiana to the Committee on House Administration," Congressional Record, vol. 131, part 1 (January 3, 1985), pp. 381-388. In contrast, Rep.-elect Vern Buchanan of Florida's Thirteenth Congressional District was seated pending the outcome of a contested election. In response to a parliamentary inquiry before Members-elect were sworn, the Speaker stated, "The seating of this Member-elect is entirely without prejudice to the contest over the final right to that seat that is pending under the [Federal Contested Elections Act] and will be reviewed in the ordinary course in the Committee on House Administration." See "Swearing in of Members," Congressional Record, vol. 153, part 1 (January 4, 2007), p. 5. Similarly, Rep.-elect Loretta Sanchez was seated without prejudice to the House's ultimate determination of the winner of the election in the Forty-sixth District of California. See "Swearing In of Members," Congressional Record, vol. 143, part 1 (January 7, 1997), p. 120. See also CRS Report |
||||||||||||||
|
See "Majority Leader" and "Minority Leader," Congressional Record, daily edition, vol. |
||||||||||||||
|
The Democratic Caucus chair also announces the selection of the assistant Democratic leader. See "Majority Whip" and "Minority Whip and Assistant Democratic Leader," Congressional Record, daily edition, vol. |
||||||||||||||
|
Traditionally, a Member asks for a division so that there will be separate vote on the chaplain; the minority does not then include an alternative chaplain in its amendment. See "Electing Officers |
||||||||||||||
|
Ibid. See also CRS Report RL33220, Support Offices in the House of Representatives: Roles and Authorities, by [author name scrubbed]; CRS Report R41807, House and Senate Chaplains: An Overview, by [author name scrubbed]; CRS Report RS20544, The Office of the Parliamentarian in the House and Senate, by [author name scrubbed]; and CRS Report RS22890, House Office of General Counsel, by [author name scrubbed]. |
||||||||||||||
|
See "Providing for the Designation of Certain Minority Employees," Congressional Record, daily edition, vol. |
||||||||||||||
|
See "To Inform the Senate That a Quorum of the House Has Assembled and of the Election of the Speaker |
||||||||||||||
| 33. |
For the |
|||||||||||||
| 34. |
See CRS Report RL30787, Parliamentary Reference Sources: House of Representatives, by [author name scrubbed] and [author name scrubbed]; CRS Report 98-262, House Rules Manual: Summary of Contents, by [author name scrubbed]; and CRS Report 98-406, Publications of the U.S. House of Representatives, by [author name scrubbed]. |
|||||||||||||
| 35. |
Prior to debate on the |
|||||||||||||
| 36. |
On two occasions in the past two decades, the House has first adopted a special rule governing consideration of that Congress's rules resolution. In the 104th and 110th Congresses, these special rules were numbered H.Res. 5 and the rules |
|||||||||||||
| 37. |
For a summary of the procedures the House follows in the brief period of time it is in session prior to the formal adoption of its own rules, see "Assembly of Congress," in House Practice, pp. 153-161. |
|||||||||||||
| 38. |
The prospective chair of the Rules Committee, who manages debate for the majority, inserts an explanation of the proposed rules changes in the Congressional Record. See Rep. Pete Sessions, "H.Res. 5," Congressional Record, daily edition, vol. |
|||||||||||||
| 39. |
If the minority has an amendment to the majority's rules resolution, the minority floor manager asks Members to defeat the previous question so that the minority may offer its amendment. In the |
|||||||||||||
| 40. |
See Rep. |
|||||||||||||
| 41. |
For an explanation of House rules changes in the last two decades, see CRS Report RL33610, A Retrospective of House Rules Changes Since the |
|||||||||||||
| 42. |
Other provisions as well as similar ones appeared in Section 3 of H.Res. 5 in the 113th Congress, Section 3 of H.Res. 5 in the 112th Congress, and Section 3 of H.Res. 5 in the 111th Congress. |
|||||||||||||
| 43. |
In the 111th Congress, provisions in Section 4 of |
|||||||||||||
| 44. |
|
|||||||||||||
| 45. |
| |||||||||||||
| 46. |
A similar provision in Section 5 of H.Res. 5 in the 112th Congress applied to a resolution to be considered on Thursday, January 6, 2011, that reduced salaries and expenses authorized for Member, committee, and leadership offices. This provision, however, also expanded the debate time of 40 minutes under the rule on suspension of the rules to 2 hours. See also CRS Report 98-314, Suspension of the Rules in the House: Principal Features, by [author name scrubbed]. |
|||||||||||||
| 47. |
See CRS Report 98-354, How Special Rules Regulate Calling up Measures for Consideration in the House, by [author name scrubbed]. |
|||||||||||||
| 46.
|
|
See CRS Report 98-314, Suspension of the Rules in the House: Principal Features, by [author name scrubbed]. 47.
|
|
See CRS Report RL30135, One-Minute Speeches: Current House Practices, by [author name scrubbed]. 48.
|
|
See CRS Report RS21174, Special Order Speeches and Other Forms of Non-Legislative Debate in the House, by [author name scrubbed]. 49.
|
|
More information in CRS Report 98-572, Decorum in Debate, by Mary Mulvihill (report is out of print; request a copy from the current report authors). 50.
|
|
For background on voting in the House, see CRS Report RL34570, Record Voting in the House of Representatives: Issues and Options, by [author name scrubbed], [author name scrubbed], and [author name scrubbed]. |
See, "Announcement by the Speaker Pro Tempore," Congressional Record, daily edition, vol. | |||
| 49. |
See "Daily Hour of Meeting," Congressional Record, daily edition, vol. 159, January 3, 2013, p. H24. |
|||||||||||||
| 50. | Speaker John A. Boehner, "Memoranda of Understanding between the Committee on the Judiciary and the Committees on Agriculture, Energy and Commerce, and Ways and Means," Extension of Remarks, Congressional Record, daily edition, vol. 161 (January 6, 2015), p. E1. Section 2(b)(2)(A) of H.Res. 5 (114th Cong.), agreed to in the House January 6, 2015. See the explanation of the rule change and the full quotation at Rep. Pete Sessions, "H.Res. 5," Congressional Record, daily edition, vol. 161 (January 5, 2015), pp. H12-H14. See, for example, Speaker Dennis Hastert, "Memorandum of Understanding between Energy and Commerce Committee and Financial Services Committee," Congressional Record, vol. 147, part 1 (January 20, 2001), p. 163, which was later followed by "Announcement by the Speaker Pro Tempore," Congressional Record, vol. 151, part 1 (January 4, 2005), p. 71. See "Appointment of Members to Act as Speaker Pro Tempore to Sign Enrolled Bills and Joint Resolutions during the 114th Congress," Congressional Record, daily edition, vol. 161 (January 6, 2015), p. H35. See "Daily Hour of Meeting," Congressional Record, daily edition, vol. 161 (January 6, 2015), pp. H28-H29. |
|||||||||||||
|
See "Granting Members Permission To Extend Remarks and Include Extraneous Material in the Congressional Record during the |
||||||||||||||
|
See "Regarding Consent to Assemble Outside the Seat of Government," Congressional Record, daily edition, vol. |
||||||||||||||
|
See "Electing Members to Certain Standing Committees of the House of Representatives," Congressional Record, daily edition, vol. |
||||||||||||||
|
If the House creates a new committee in its rules resolution, it might provide interim funding. See, for example, "Providing Amounts for Interim Expenses of the Committee on Homeland Security in the First Session of the 109th Congress," Congressional Record, vol. 151, part 1 (January 4, 2005), pp. 71-73. See also, CRS Report R42778, House Committee Funding: Description of Process and Analysis of Disbursements, by [author name scrubbed] and [author name scrubbed]; and CRS Report RL32794, House Committee Funding Requests and Authorizations, |
||||||||||||||
|
See, for example, "Providing for a Conditional Recess or Adjournment of the Senate and an Adjournment of the House of Representatives," Congressional Record, |
||||||||||||||
|
See "Appointment—House |
||||||||||||||
|
See, for example, "Expressing Sorrow of the House at the Death of the Honorable Robert T. Matsui, Member of Congress From the State of California," Congressional Record, vol. 151, part 1 (January 4, 2005), pp. 84-103. See also "Expressing Profound Regret and Sorrow of the House on the Death of Gerald R. Ford, 38th President of the United States of America," Congressional Record, vol. 153, part 1 (January 4, 2007), p. 493. |
||||||||||||||
|
See "To Provide for the Counting on January 4, 2013 of the Electoral Votes for President and Vice President of the United States" and "Extending the Life of the Joint Congressional Committee on Inaugural Ceremonies," Congressional Record, daily edition, vol. 159 |
||||||||||||||
On opening day of the 114th Congress, the House passed by suspension of the rules H.R. 22 to address a potential unintended effect under the Patient Protection and Affordable Care Act when an employee receives health-care coverage under TRICARE or the Veterans' Administration. "Hire More Heroes Act of 2015," House debate, Congressional Record, daily edition, vol. 161 (January 6, 2015), pp. H29- H32. For an explanation of the suspension of the rules, see CRS Report 98-314, Suspension of the Rules in the House: Principal Features, by [author name scrubbed]. |
|
|||||||||||||
|
The rules resolution typically includes an order reserving bill numbers (for the first session or for both sessions of a Congress) for the majority (H.R. 1-H.R. 10) and the minority (H.R. 11-H.R. 20). A sponsor may introduce a bill within this allotment at any time and may designate one of the remaining numbers to be assigned to it. See |
||||||||||||||
|
See "Executive Communications, Etc.," Congressional Record, daily edition, vol. 159 |
||||||||||||||
|
See "Message From the Senate," Congressional Record, vol. |
||||||||||||||
|
See, for example, "Special Orders," Congressional Record, vol. 153, part 1 (January 4, 2007), pp. 43-58. |
||||||||||||||
|
See, for example, the notice of receipt of a subpoena at "Communication from Chief of Staff of Hon. John M. Shimkus, Member of Congress," Congressional Record, vol. 149, part 1 (January 7, 2003), p. 22. |