Order Code RS20722
Updated December 8, 2006
The First Day of a New Congress: A Guide to
Proceedings on the Senate Floor
Mildred L. Amer
Specialist in American National Government
Government and Finance Division
Summary
The Senate follows a well-established routine on the opening day of a new
Congress. The proceedings include swearing in new members, administrative business,
and election of the President pro tempore, the constitutionally mandated officer elected
to preside over the chamber in the absence of the Vice President. Other first day
activities are dependent on specific circumstances and do not occur on the first day of
every new Congress. Once these proceedings are completed, the Senate may then turn
to routine business. The Senate committee assignment process begins prior to the
convening of a new Congress.
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.
As a consequence, the Senate is a continuing body and does not have to reorganize itself
each new Congress, as does the House of Representatives, by adopting new rules and
electing new leaders. Any changes in Senate leadership take place in the party
conferences prior to the opening day, and there are no floor votes to ratify these changes.
The Senate Convenes1
The Constitution (20th Amendment, Section 2) mandates that a new Congress
convene at noon on January 3 in each odd numbered year, unless it has earlier passed a
law designating a different day. Recently, however, it has been the exception rather than
the rule for a new Congress to begin on January 3. Five out of the last six Congresses —
104th ( January 4, 1995), the 105th (January 7, 1997), the 106th (January 6, 1999), the
108th Congress (January 7, 2003), and the 109th (January 4, 2005) — convened on another
date. Only for the 107th Congress was the beginning date unchanged.
1 For information on organizational meetings held prior to the formal start of a new Congress, see
CRS Report RS21339, Congress’ Early Organizational Meetings, by Judy Schneider.

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The Vice President normally presides when the Senate first convenes, and the Senate
chaplain offers a prayer. The Vice President then announces the receipt of the certificates
and credentials of election of the newly elected Senators. The reading of these documents
is waived, and they are subsequently printed in full in the Congressional Record.2

Proceedings at the convening of the Senate in the 107th Congress were somewhat
different than other opening days because the Senate was evenly divided, with 50
Republicans and 50 Democrats. When Congress convened on January 3, 2001, Vice
President Albert Gore, a Democrat, was still President of the Senate, providing Senate
Democrats with an effective majority of one. Subsequently, at noon on January 20, 2001,
when Republican Richard Cheney was sworn in as Vice President, Senate Republicans
took control of the Senate.
Oath of Office
The first order of business in a new Senate is the swearing in of newly elected
Senators, including reelected incumbents. Before this action is taken, however, the
Majority Leader sometimes provides a brief history of the oath of office and the two
leaders give welcoming remarks.3 At the beginning of the 107th Congress, both Senator
Thomas Daschle, a Democrat who served as Majority Leader until noon on January 20,
2001, and Senator Trent Lott, a Republican, who then became Majority Leader, addressed
the Senate. If there are any contested elections, the leadership may provide a brief status
report and plan for their resolution.4 Then, the Vice President calls the newly elected
Senators to the front of the chamber in alphabetical order in groups of four to take the
oath and to “subscribe to the oath” in the official oath book.5 Each Senator is often
accompanied by the other Senator from the same state, the Senator he or she is replacing,
or a former Senator.
The oath, which is the same for Representatives, is:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States against all enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely, without any mental
reservation or purpose of evasion, and that I will well and faithfully discharge the
duties of the office on which I am about to enter. So help me God.
This oath is mandated by Article VI of the Constitution, and its text is set by statute (5
U.S.C. 3331).
2 The Vice President, “Certificates of Election and Credentials,” Congressional Record, daily
edition, vol. 151, Jan. 4, 2005, pp. S1-S4.
3 Sen. Lott, “The Oath We Take,” Congressional Record, vol. 143, Jan. 7, 1997, pp. 4-5; Sen.
Daschle, “A Historic Day,” Congressional Record, daily edition, vol. 147, Jan. 3, 2001, p. S1;
and Sen. Lott, “Thanking the Vice President,” Ibid., pp. S1-S2.
4 Sen. Lott, “Louisiana Election Contest,” Congressional Record, vol. 143, Jan. 7, 1997, p. 5.
5 Each Senator is allowed to keep the pen he or she uses to sign the historic oath book, which
contains the signatures of all U.S. Senators. A Senator signs this book each time he or she takes
the oath of office.

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When Senators take the oath, they raise their right hand to swear or affirm the oath,
repeating after the Vice President. Many have held a family bible or other sacred text in
their left hands.6 There is no requirement of any kind that a bible or anything else be used
when the oath is taken. The same is true for Senators who re-enact the event with their
families in the old Senate chamber with the Vice President after the formal ceremony.
Photographers are present, and many Senators choose to hold something meaningful in
their left hand. These objects have been, but are not limited to, a family heirloom or
something else meaningful to the Senator. Some Senators have held nothing, and nothing
is required.
Notification to the Other Body and to the President
The Senate clerk then calls the roll, and the Majority Leader offers resolutions that
the House and the President be formally notified that a quorum of the Senate is assembled
and ready to proceed to business. Subsequently, the House and Senate leadership
telephone the President with the news that Congress is ready to begin its work.
Election of the President Pro Tempore
The President Pro Tempore is elected by the Senate to preside during the absence
of the Vice President.7 Often referred to as the “President Pro Tem,” this majority party
Senator usually has the party’s longest continuous Senate service and often, by virtue of
seniority, chairs a committee.8 If expecting to be unavailable for chamber duties, the
President Pro Tempore appoints other Senators to preside. In the 109th Congress, the
President Pro Tempore is Senator Ted Stevens (R-AK). In the 110th Congress, it will be
Senator Robert Byrd (D-WV).
When there is a change in party control of the Senate, or a vacancy occurs, the
President Pro Tempore is elected by resolution and then escorted to the front of the
chamber to be sworn in by the Vice President.9 Afterwards, the Senate adopts a resolution
to notify the President of the election of the President Pro Tempore.
From the beginning of the104th Congress through the middle of the first session of
the 106th Congresses, Senator Strom Thurmond (R-SC) was the President Pro Tempore.
In June 2001, when party control of the Senate changed, Senator Robert Byrd (D-WV)
became the President Pro Tempore.10 In the 107th Congress, because the Senate was
6 Richard A. Baker [Senate Historian], The New Members’ Guide to Traditions, 109th Cong., 2nd,
Sess., S. Pub. 109-25, pp. 3-4.
7 The Constitution specifies that the Vice President is the presiding officer of the Senate. The
Vice President, however, usually presides only on opening day, during ceremonial occasions, and
when needed to cast a tie-breaking vote.
8 The President Pro Tempore holds that office during his or her Senate term and is not reelected
at the beginning of a new Congress unless there is a change in party control.
9 Sen. Frist, “Election of the Honorable Ted Stevens As President Pro Tempore of the Senate,”
Congressional Record, daily edition, vol. 149, Jan. 7, 2003. p. S6.
10 Sen. Daschle, “Election of the Honorable Robert C. Byrd as President Pro Tempore,
(continued...)

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evenly divided on the opening day, Senator Byrd, a Democrat, was elected to serve as
President Pro Tempore until January 20, 2001, and Senator Thurmond, a Republican, was
elected to serve after January 20, 2001, when Albert Gore, a Democrat, was succeeded
as Vice President and President of the Senate by Richard Cheney, a Republican.11
Subsequently, when Richard Cheney, a Republican, became the Vice President and
President of the Senate, Senator Thurmond again became President Pro Tempore. He
took the oath of office on January 20, 2001. That same day, the Senate adopted
resolutions notifying the President and the House of Representatives of the election of the
new President Pro Tempore.12
Daily Meeting Time for the Senate
The Senate establishes its daily hour of meeting by a resolution which must be
renewed each session of Congress. This resolution is also usually offered by the Majority
Leader.
Other First-Day Floor Actions
Other routine organizational business is taken up on the Senate floor on the first day,
including unanimous consent requests to expedite the daily business of the Senate. At the
beginning of the 109th Congress, the Senate adopted 13 orders en bloc by unanimous
consent, including floor privileges for staff.13 In addition, the two leaders may lay out the
highlights of the legislative schedule ahead and discuss particular pertinent issues.
Sometimes on the first day, the Senate adopts resolutions providing for adjournments and
for the joint session at which Congress receives the President’s State of the Union
message.
Other first day activities are dependent on specific circumstances and do not occur
on the first day of every new Congress. For example, following a presidential election,
the Senate must adopt a resolution to meet in joint session with the House to count the
electoral votes for the President and Vice President,14 continue the Joint Congressional
Committee on Inaugural Ceremonies, and authorize the use of the Capitol for inaugural
10 (...continued)
Congressional Record, daily edition, vol. 147, June 6, 2001, p. S5843.
11 Sen. Daschle, “Election of the Honorable Robert C. Byrd As President Pro Tempore and
Election of the Honorable Strom Thurmond as President Pro Tempore, “Congressional Record,
daily edition, vol. 147, Jan. 3, 2001, pp. S6-S7.
12 Sen. Roberts, “Notification to the President of the United States,” and “Notification to the
House of Representatives,” Congressional Record, daily edition, vol. 147, Jan. 20, 2001, p. S57.
13 Sen. Frist , “Unanimous Consent Requests “ Congressional Record, daily edition, vol. 151,
Jan. 4, 2005, p. S7. In the 105th Congress, special floor privileges were granted for that Congress
for a staff assistant from one particular Senator’s office to accompany that Member, who needed
assistance while in the Senate chamber.
14 Sen. Frist, “To Provide for Counting of Electoral Votes for President and Vice President of the
United States,” Congressional Record, daily edition, vol. 151, Jan. 4, 2005, p. S6. This takes
the form of a joint session with the House of Representatives.

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activities.15 On the first day of the 106th Congress, there were several announcements and
a discussion related to the pending impeachment trial of the President.16
After the Senate has completed initial organizational proceedings, it may turn to
routine business, which normally completes the legislative day. This business includes
the introduction of bills and resolutions, appointments of Senate officials, and additional
statements from Senators.
During adjournment periods preceding the start of a new Congress, the Secretary of
the Senate is authorized to receive, on behalf of the Senate, messages from the House of
Representatives, the President, and the executive departments. On the first day of a new
Congress, the presiding officer will present these messages to the Senate to allow it to
take any action that may be necessary.17
Committee Organization
The committee assignment process begins prior to the convening of a new Congress,
and mostly within the party groups — the Republican and Democratic conferences. The
only action visible on the chamber floor is the adoption of resolutions assigning Senators
from each party to committees agreed upon by the respective party conference. The
adoption of both resolutions is routine and occurs without amendment, because of the
tacit understanding that each party has a right to establish its own internal distribution of
work without amendment from the other.18
On the opening day of the 108th and 109th Congresses, there were no committee
assignment resolutions. On the opening day of the 107th Congress, the only committee
assignment resolution taken up was one that designated committee chairs.19 Due to the
Senate’s equal division in that Congress, Democrats chaired committees prior to January
20, 2001. Effective January 20, 2001, with the inauguration of the Republican President
and Vice President, Republican Senators became committee chairmen.20 This
15 Sen. Frist, “To Extend the Life of the Joint Congressional Committee on Inaugural
Ceremonies,” Ibid., p. S7.
16 Sen. Lott, “The Public’s Access to the Impeachment Proceedings,” “Unanimous — Consent
Agreement — Senate Access,” and “Senate Agenda,” Congressional Record, vol. 145, Jan. 6,
1999, pp. 7-11.
17 On the first day of the 106th Congress, the Senate received a message from the House
announcing that it had impeached the President and adopted articles of impeachment which the
House managers had been instructed to carry to the Senate. See “Messages from the House
Received Subsequent to Sine Die Adjournment,” Congressional Record, vol. 145, Jan. 6, 1999,
pp. 14-15.
18 Note, however, that each party must abide by certain Senate rules governing the assignment
process. See CRS Report RL30743, Committee Assignment Process in the U.S. Senate:
Democratic and Republican Party Procedures,
by Judy Schneider
19 Sen. Daschle, “Senate Resolution 7 — Designating the Chairmen of the Following Senate
Committees,” Congressional Record, daily edition, Jan. 3, 2001, p. S14.
20 The Senate’s equal party strength was accompanied by a broader agreement between the parties
(continued...)

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arrangement lapsed when Democrats regained control of the Senate for the balance of the
107th Congress on June 6, 2001.
20 (...continued)
to modify certain Senate practices during the 107th Congress. See CRS Report RS20785, The
Senate Powersharing Agreement
, by Paul Rundquist, and CRS Report RL30881, Senate
Organization in the 107th Congress, The Powersharing Agreement and Recent Developments
, by
Paul Rundquist.