The First Day of a New Congress: A Guide to Proceedings on the House Floor
Released: 2018-12-19T00:00:00

Introduction

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, 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.

The House 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 by law designated a different day for the new Congress's convening. On November 20, 2014, the 113 th Congress completed action on H.J.Res. 129 , setting the convening date for the 114 th Congress as January 6, 2015. The joint resolution was signed into law by President Obama on December 4 ( P.L. 113-201 ). Congressional leaders planned that the 115 th Congress would convene January 3, 2017, and that the 116 th Congress would convene January 3, 2019, obviating the need for a law to set the date.

In recent years, it has been the exception rather than the rule for a new Congress to begin on January 3. Nine of the past 12 Congresses began on a date other than January 3:

104 th Congress (January 4, 1995), 105 th Congress (January 7, 1997), 106 th Congress (January 6, 1999), 108 th Congress (January 7, 2003), 109 th Congress (January 4, 2005), 110 th Congress (January 4, 2007), 111 th Congress (January 6, 2009), 112 th Congress (January 5, 2011), and 114 th Congress (January 6, 2015).

The 107 th , 113 th , and 115 th Congresses were the 3 of these 12 to begin on January 3, convening January 3, 2001; January 3, 2013; and January 3, 2017, respectively.

Although no officers of the House will have been elected when the House first convenes, officers from the previous Congress perform certain functions. 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.

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. 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, if no vacancies) 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. The Clerk also reports any deaths or resignations since the election.

A quorum being present, the first order of official business is the election of the Speaker of the House of Representatives.

Election of the Speaker13

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. Individual Members-elect may place other names in nomination. Debate on the nomination of candidates for Speaker is allowed but not customary. 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. 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. The candidates themselves, however, often vote "present" or do not vote.

The following excerpt is from the proceedings for the election of the Speaker in the 115 th Congress.

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 115 th Congress. Nominations are now in order.

The Clerk now recognizes the gentlewoman from Washington (Mrs. McMORRIS RODGERS).

Mrs. MCMORRIS RODGERS. ... As chair of the Republican Conference, I am directed by the vote of that conference to present for election to the office of Speaker of the House of Representatives for the 115 th Congress the name of the Honorable PAUL D. RYAN....

The Clerk now recognizes the gentleman from New York (Mr. CROWLEY).

Mr. CROWLEY. ... Madam Clerk, [as chair of the Democratic Caucus] I am pleased to put forth the name of the Representative-elect from California, NANCY PELOSI, for Speaker of the House of Representatives for the 115 th Congress.

The CLERK. The names of the Honorable PAUL D. RYAN, a Representative-elect from the State of Wisconsin, and the Honorable NANCY PELOSI, a Representative-elect from the State of California, have been placed in nomination.

Are there further nominations?

There being no further nominations, the Clerk appoints the following tellers:

The gentleman from Mississippi (Mr. HARPER); 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.

...

The CLERK. The tellers agree in their tallies that the total number of votes cast is 433, of which the Honorable PAUL D. RYAN of the State of Wisconsin has received 239, the Honorable NANCY PELOSI of the State of California has received 189, the Honorable TIM RYAN of the State of Ohio has received 2, the Honorable JIM COOPER of the States of Tennessee has received 1, the Honorable JOHN LEWIS of the State of Georgia has received 1, and the Honorable DANIEL WEBSTER of the State of Florida has received 1.

Therefore, the Honorable PAUL D. RYAN of the State of Wisconsin, having received a majority of the votes cast, is duly elected Speaker of the House of Representatives for the 115 th Congress.

Swearing-in of the Speaker

After the Speaker's 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 might deliver a statement from the chair. The Speaker may make a statement of his or her own and then takes the oath of office. By precedent, the dean of the House, the most senior (longest-serving) Member, regardless of party, administers the oath to the Speaker. 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.

Oath of Office for Members-Elect

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). 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. 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. 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.

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.

Announcement of Party Leaders

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. MCMORRIS 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 California, the Honorable KEVIN MCCARTHY.

Mr. CROWLEY. 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.

The party chairs then announce the names of those elected to serve as majority and minority whips.

Election of Officers

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. 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.

Six staff of the minority party leadership are subsequently designated.

Notification to the Senate and the President

The House adopts 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 has assembled 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.

Adoption of House Rules of Procedure36

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. 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. With the majority party's numerical advantage, its rules package, as presented, prevails.

The majority's proposed rules are offered in the form of a House simple resolution, most often numbered H.Res. 5 . 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. 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.

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. 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, and, then, in adopting its rules resolution.

Separate Orders and Other Components

In addition to allowing the adoption of the previous House's rules with specific amendments to those rules, a rules resolution may include other provisions that govern 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 115 th Congress rules resolution, Section 3 was labeled Separate Orders; Section 4 was labeled Committees, Commissions, and House Offices; and Section 5 was labeled Order of Business.

The separate orders in Section 3 pertained to House rules (e.g., access to House exercise facilities by former Members who were registered lobbyists) and rules in rulemaking statutes (e.g., the Congressional Budget Act). These separate orders and other orders departed from or interpreted these rules in a specific manner and were applicable for the first session of the 115 th Congress or for the duration of the 115 th Congress.

The provisions related to committees, commissions, and House offices in Section 4 continued the existence for the 115 th Congress of resolutions from prior Congresses that created the House Democracy Partnership, the Tom Lantos Human Rights Commission, and the Office of Congressional Ethics. 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.

Special Orders

The terms special order and special rule are used somewhat interchangeably. In either case, a special rule 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 only for the consideration of one or more measures identified in the special order, 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 115 th Congress, Section 5 of H.Res. 5 made in order the consideration of H.R. 21 , which would amend the Congressional Review Act, related to congressional review of certain proposed regulations, to allow a joint resolution to disapprove two or more proposed regulations rather than one regulation. The special order was a closed rule, meaning that no amendments could be offered. In the 113 th Congress, Section 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 112 th 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.

In the 111 th 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 110 th 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 106 th Congress made in order consideration of a resolution to amend the House gift rules ( H.Res. 9 ). H.Res. 6 in the 104 th Congress made in order the consideration of H.R. 1 , the Congressional Accountability Act.

Speaker's Announcements

On the day of convening or shortly thereafter, 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 115 th Congress address—

privileges of the floor, introduction of bills and resolutions, unanimous consent requests for the consideration of legislation, recognition for one-minute speeches, recognition for special-order speeches, decorum in debate, conduct of votes by electronic device, use of handouts on the House floor, use of electronic equipment on the House floor, and use of the House chamber.

Legislative Protocols

In recent Congresses, the majority leader has initiated a set of written protocols to guide the scheduling or consideration of legislation during a two-year Congress. The protocols cover matters involving the content of authorization bills, the availability of measures scheduled for consideration under the suspension of the rules procedure, and other items. Both parties' rules also contain guidance on scheduling or considering legislation. For example, both parties' rules contain guidance on legislation qualifying to be considered under the suspension of the rules procedure. These protocols and party rules are not printed in the Congressional Record .

Memoranda of Understanding Between Committees

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 114 th 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. 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." 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.

The Speaker might alternately include a policy statement in the Speaker's announcements for a Congress.

Speaker Designates Alternates to Sign Enrolled Measures

The Speaker also appoints Members who may sign enrolled bills and joint resolutions.

Daily Meeting Time for the House

The 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.

Morning Hour

The House by unanimous consent allows a period preceding House sessions called Morning Hour. In Morning Hour, Members may speak up to five minutes on topics of their choice.

Extension of Remarks

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 .

Alternate Meeting Place

The House adopts a concurrent resolution ( H.Con.Res. 1 , 115 th 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.

Committee Organization

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 committee 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.

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.

Other First-Day Floor Actions

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. The Speaker and minority leader might make appointments to commissions or committees or other offices. A resolution of condolence on the death of a Member that occurred subsequent to the adjournment of the last Congress may also be considered.

Counting Electoral Votes

Some resolutions are dependent on specific circumstances that might not occur in every new Congress. For example, following a presidential election, the new House adopts 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.

Other First-Day Business

After the House has completed its initial organizational proceedings, it might then turn to legislative or routine business, which normally completes its legislative day. Routine business might include the introduction of bills and resolutions, receipt and referral of messages from the President and executive agencies, receipt of messages from the Senate, one-minute and special-order speeches, and notices and announcements required by House rule or regulation.