The First Day of a New Congress: A Guide to
Proceedings on the Senate Floor
Judy Schneider
Specialist on the Congress
Michael L. Koempel
Senior Specialist in American National Government
December 1, 2010
Congressional Research Service
7-5700
www.crs.gov
RS20722
CRS Report for Congress
P
repared for Members and Committees of Congress

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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 members elected in the most recent general election, the
adoption of administrative resolutions, the adoption of standing orders for the new Congress, and,
possibly, the election of a new President pro tempore and Senate officers. Other first-day
activities might occur as a consequence of specific circumstances, such as providing for a joint
session with the House to count electoral votes after a presidential election. Once these
organizational proceedings are completed, the Senate may turn to legislative or executive
business or other activities.
The Senate committee assignment process begins prior to the convening of a new Congress and
may continue after the beginning days of a new Congress. At some time, usually other than
opening day, the Senate adopts committee assignment resolutions. Changes in Senate party
leadership take place in respective party conference meetings prior to opening day. There are no
floor votes to ratify these changes.

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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor

Contents
The Senate Convenes .................................................................................................................. 1
Oath of Office ............................................................................................................................. 1
Notification to the President and the House ................................................................................. 2
Election of the President Pro Tempore......................................................................................... 3
Daily Meeting Time of the Senate ............................................................................................... 3
Election of Officers..................................................................................................................... 3
Other First-Day Floor Activities .................................................................................................. 4
Committee Organization ............................................................................................................. 5

Contacts
Author Contact Information ........................................................................................................ 6
Acknowledgments ...................................................................................................................... 6

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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor

The Senate Convenes
The Twentieth Amendment to the Constitution directs that a new Congress convene at noon on
January 3 in each odd-numbered year, unless the preceding Congress has passed a law
designating a different day for the new Congress’s convening.
The 111th Congress convened January 6, 2009.1 In recent years, it has been the exception rather
than the rule for a new Congress to begin on January 3. In addition to the 111th Congress, six out
of the preceding seven Congresses began on another date than January 3—
• the 104th Congress ( January 4, 1995),
• the 105th Congress (January 7, 1997),
• the 106th Congress (January 6, 1999),
• the 108th Congress (January 7, 2003),
• the 109th Congress (January 4, 2005), and
• the 110th Congress (January 4, 2007).
The 107th Congress was only one of these seven to begin on January 3, convening January 3,
2001.
The Vice President normally presides when the Senate first convenes; the Senate chaplain offers a
prayer. The Vice President then announces the receipt of the certificates and credentials of
election of Senators who were newly elected or re-elected in the most recent general election. The
reading of these documents is waived by unanimous consent, and they are subsequently printed in
full in the Congressional Record.2
Oath of Office
The first order of business in a new Senate is the swearing-in of Senators elected or re-elected in
the most recent general election. Before this action is taken, however, the majority leader might
provide a brief history of the oath of office, or the two leaders might give brief welcoming
remarks.3 If there is a contested Senate election, the leadership might provide a brief status report
and plan for its resolution.4
The Vice President then calls Senators who were elected to the front of the chamber, in
alphabetical order in groups of four, to take the oath and to also “subscribe to the oath” in the

1 P.L. 110-430, enacted October 15, 2008.
2 See, for example, The Vice President, “Certificates of Election and Credentials,” Congressional Record, daily edition,
vol. 155, January 6, 2009, pp. S1-S4.
3 See, for example, Sen. Trent Lott, “The Oath We Take,” Congressional Record, vol. 143, January 7, 1997, pp. 4-5.
4 See, for example, Sen. Trent Lott, “Louisiana Election Contest,” Congressional Record, vol. 143, January 7, 1997, p.
5.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor

official oath book.5 Each Senator is usually accompanied by the other Senator from his or her
state, the Senator he or she is replacing, or a former Senator.6
The oath, which is the same for Representatives and executive and judicial appointees, is as
follows:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental reservation or purpose of
evasion, and that I will well and faithfully discharge the duties of the office on which I am
about to enter. So help me God.
An oath is mandated by Article VI of the Constitution; its text is set by statute (5 U.S.C. 3331).7
When Senators take the oath, they raise their right hand to swear or affirm, repeating after the
Vice President. Many hold a family Bible, a sacred text, or another object in their left hands.8
These objects have included family heirlooms and other items meaningful to the individual
Senator. Some Senators have held nothing, and nothing is required. There is no requirement that a
Bible or anything else be used when the oath is taken.
When the Vice President and individual Senators subsequently re-enact the swearing-in in the Old
Senate Chamber with the Senator’s family, each Senator might hold a Bible, another item, or
nothing in his or her left hand. Although photography is not permitted on the Senate floor,
photographers are present for these ceremonial swearing-ins.
Notification to the President and the House
After Senators elected in the most recent general election have been sworn in, the Vice President
recognizes the majority leader, who notes the absence of a quorum. The Vice President directs the
Senate clerk to call the roll, and all Senators normally are present to respond.9
The majority leader offers resolutions that the President (S.Res. 1, 111th Congress) and the House
(S.Res. 2, 111th Congress) be formally notified that a quorum of the Senate is assembled and
ready to proceed to business. Subsequently, pursuant to the resolution providing for notification
of the President, the House and Senate leadership telephone the President with the news that a
quorum of each house of Congress has assembled and is prepared to begin its work.

5 Each Senator is allowed to keep the pen he or she uses to sign the historic oath book, which contains the signatures of
all U.S. Senators. A Senator signs this book each time he or she takes the oath of office.
6 Senate Historian Richard A. Baker, Traditions, 110th Cong., 1st sess., S. Pub. 110-11 (Washington, DC: Senate Office
of Printing and Document Services, 2007), pp. 3-4, available at http://www.senate.gov/reference/resources/pdf/
Traditions.pdf. (Hereafter Traditions.)
7 The President’s oath is set forth in the Constitution (U.S. Const. art. II, § 1, cl. 7).
8 Traditions, pp. 3-4.
9 A quorum is the number of members required to be present in each house for the transaction of business. Under the
Constitution (U.S. Const. art. I, sec. 5, cl. 1), a quorum in each house is a majority of its members: 51 in the Senate and
218 in the House. For an explanation of quorum requirements in the Senate, see CRS Report 98-775, Quorum
Requirements in the Senate: Committee and Chamber, by Betsy Palmer.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor

Election of the President Pro Tempore
As provided by the Constitution, the President pro tempore is elected by the Senate to preside
during the absence of the Vice President.10 Referred to as the President pro tem, this majority-
party Senator usually has his party’s longest continuous Senate service.11
When there is a change in party control of the Senate, or when a vacancy in the office of
President pro tempore occurs, a new President pro tempore is elected by resolution and then
escorted to the front of the chamber to be sworn in by the Vice President.12 Afterwards, the Senate
adopts resolutions to notify the House and the President of the election of the President pro
tempore.
In the 111th Congress, the President pro tempore was Senator Robert C. Byrd, who served until
his death on June 28, 2010. Senator Daniel K. Inouye, the Senate’s most senior Democrat, was
elected to fill this position and sworn in later that day (S.Res. 567, 111th Congress). The Senate
subsequently adopted resolutions to notify the House (S.Res. 568, 111th Congress) and President
(S.Res. 569, 111th Congress) of the election.
Daily Meeting Time of the Senate
The Senate establishes its daily hour of meeting by a resolution, which must be renewed each
Congress. This resolution is usually offered by the majority leader.13
Election of Officers
Since the Senate is a continuing body, its officers—secretary of the Senate, sergeant at arms and
doorkeeper, and chaplain—do not need to be reelected on the opening day of a new Congress.
However, when there is a change in party control or a vacancy at the beginning of a Congress,
any new officers are approved by the full Senate. That occurred on the opening day of the 110th
Congress when a new secretary of the Senate and a new sergeant at arms and doorkeeper were
elected.14 The Senate also adopts resolutions to notify the President and the House of the election
of new officers.

10 U.S. Const. art. I, § 3, cl. 5. The Vice President, named in clause 4 as the President of the Senate, usually presides
only on opening day, during ceremonial occasions, and when needed to cast a tie-breaking vote.
11 The President pro tempore holds his office during his Senate term and is not reelected at the beginning of a new
Congress. For information on this office, see CRS Report RL30960, The President Pro Tempore of the Senate: History
and Authority of the Office, by Christopher M. Davis.
12 See, for example, “Electing Senator Daniel K. Inouye President Pro Tempore,” Congressional Record, daily edition,
vol. 156, June 28, 2010, p. S5465.
13 In the 111th Congress, S.Res. 3, agreed to in the Senate January 6, 2009.
14 S.Res. 8 and S.Res. 11 (110th Cong.). See “Electing Nancy Erickson as the Secretary of the Senate,” and “Electing
Terrance W. Gainer as the Sergeant At Arms and Doorkeeper,” Congressional Record, daily edition, vol. 153, January
4, 2007, pp. S6-S7; and CRS Report 98-418, Senate Administrative Officers and Officials, by Lorraine H. Tong.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor

The respective party secretaries might be replaced at the beginning of a Congress. They are
approved by their party conferences and then elected by the Senate.
Any changes in Senate party leadership take place in respective party conference meetings prior
to opening day. There are no floor votes to ratify these changes.15
Other First-Day Floor Activities
Other organizational business is taken up on the Senate floor on the first day. At the beginning of
the 111th Congress, as at the beginning of preceding Congresses, the Senate adopted en bloc by
unanimous consent 12 standing orders for the duration of the 111th Congress.16 These standing
orders addressed—
• meetings of the Select Committee on Ethics;
• limiting roll-call votes to 15 minutes;
• authorizing Senators to present reports at the desk;
• allowing 10 minutes daily to each party leader (so-called leader time);
• granting floor privileges to the House parliamentarians;
• forgoing printing of conference reports and joint explanatory statements when
they are printed as House reports;
• allowing the Appropriations Committee to file reports during an adjournment or
recess of the Senate;
• authorizing the secretary of the Senate to make technical and clerical corrections
to engrossments of Senate-passed bills, resolutions, and amendments;
• during an adjournment or recess of the Senate, authorizing the secretary of the
Senate to receive presidential messages and, except for House legislation, House
messages, and authorizing the President pro tempore to sign enrollments;
• allowing Senators to designate two staff members for floor access during the
Senate’s consideration of specific matters;
• allowing treaties and nominations to be referred when received; and
• permitting Senators to introduce bills and resolutions by taking them to the desk.
Article I, Section 2 of the Constitution provides for a system of staggered six-year terms for
Senators, one-third of their terms expiring at the conclusion of each Congress. The Senate has

15 Party leadership changes can also occur during a Congress. For information on organizational meetings held prior to
the formal start of a new Congress, see CRS Report RS21339, Congress’s Early Organization Meetings, by Judy
Schneider.
16 Sen. Harry Reid , “Unanimous Consent Agreement,” Congressional Record, daily edition, vol. 155, January 6, 2009,
p. S6.
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interpreted the constitutional arrangement to mean that it is a continuing body and does not have
to organize itself with each new Congress, as does the House of Representatives.17
The Democratic and Republican leaders might address the Senate, possibly describing highlights
of the legislative schedule ahead or discussing other pertinent issues.18 Sometimes on the first
day, the Senate might also adopt a resolution providing for a January adjournment or for the joint
session at which Congress will receive the President’s State of the Union address.
Other first-day activities might occur as a consequence of specific circumstances. For example,
following a presidential election, the Senate must adopt a resolution to meet in joint session with
the House to count the electoral votes for the President and Vice President,19 continue the Joint
Congressional Committee on Inaugural Ceremonies, and permit use of the Capitol for inaugural
activities.20 On the first day of the 106th Congress, there were several announcements and a
discussion related to the pending impeachment trial of President Bill Clinton.21
After the Senate has completed these organizational proceedings, it may turn to other activities,
such as the introduction and reference of legislation,22 speeches, and appointments. In addition,
following the sine die adjournment of the preceding Congress, the secretary of the Senate will
have received, in the Senate’s behalf, messages from the House of Representatives, the President,
and executive departments. On the first day of a new Congress, these messages will be disposed
of, normally by reference to the relevant committee.
Committee Organization
The committee assignment process begins prior to the convening of a new Congress, and mostly
within the party groups—the Democratic and Republican Conferences.23 The only action visible
on the chamber floor is the adoption of resolutions assigning Senators from each party to
committees agreed upon by the respective party conference. The adoption of both parties’
resolutions is routine.24

17 Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate Procedure, 101st Cong., 2nd sess., S.Doc. 101-28
(Washington, DC: GPO, 1992), pp. 1220-1224.
18 For the opening-day remarks of the leaders of the 111th Congress, see Sen. Harry Reid, “Welcome the 111th
Congress,” Congressional Record, daily edition, vol. 155, January 6, 2009, pp. S7-S8; and Sen. Mitch McConnell,
“Opening of the 111th Congress,” pp. S12-S14.
19 See, for example, S.Con.Res. 1 (111th Cong.). See “Setting the Date of January 8, 2009, for the Counting of Electoral
Votes,” Congressional Record, daily edition, vol. 155, January 6, 2009, pp. S5-S6.
20 See, for example, S.Con.Res. 2 (111th Cong.). See “Extending the Life of the Joint Congressional Committee on
Inaugural Ceremonies,” Congressional Record, daily edition, vol. 155, January 6, 2009, p. S6.
21 Sen. Trent Lott, “The Public’s Access to the Impeachment Proceedings,” “Unanimous—Consent Agreement—
Senate Access,” and “Senate Agenda,” Congressional Record, vol. 145, January 6, 1999, pp. S7-S11.
22 In some Congresses, the Senate has decided to disallow the introduction of legislation until after the President’s State
of the Union address.
23 For information on organizational meetings held prior to the formal start of a new Congress, see CRS Report
RS21339, Congress’s Early Organization Meetings, by Judy Schneider.
24 See CRS Report RL30743, Committee Assignment Process in the U.S. Senate: Democratic and Republican Party
Procedures, by Judy Schneider; and CRS Report 98-183, Senate Committees: Categories and Rules for Committee
Assignments, by Judy Schneider.
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The First Day of a New Congress: A Guide to Proceedings on the Senate Floor

Committee assignment resolutions are not normally considered on the opening day of a new
Congress, but later in January. On the opening day of the 107th Congress, an assignment
resolution was taken up to designate committee chairs, pending an agreement on the organization
of the Senate under the special circumstance of 50 Democratic and 50 Republican Senators.25

Author Contact Information

Judy Schneider
Michael L. Koempel
Specialist on the Congress
Senior Specialist in American National Government
jschneider@crs.loc.gov, 7-8664
mkoempel@crs.loc.gov, 7-0165


Acknowledgments
This report was originally developed and maintained over many years by Mildred Lehmann Amer, a
specialist on the Congress. Ms. Amer has retired from the Congressional Research Service.


25 Sen. Tom Daschle, “Senate Resolution 7—Designating the Chairmen of the Following Senate Committees,”
Congressional Record, vol. 147, January 3, 2001, pp. 14-15.
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