First Day Proceedings And Procedural Change In The Senate

In the early weeks of the 112th Congress, the Senate considered proposals to change its Standing Rules, as well as proposals to alter other practices and procedures. Three resolutions that proposed to amend the Senate rules (S.Res. 8, S.Res. 10, as amended, and S.Res. 21, as amended) received votes, but none were agreed to. These three resolutions proposed a variety of changes, chiefly focused on the operation of the Senate's cloture rule (Rule XXII). The proceedings on these measures occurred in the context of a debate over whether or not the start of a new Congress presents a unique opportunity for the Senate to change its Standing Rules without certain constraints presented by its existing rules. This report is intended to provide context for understanding the issues raised by these proceedings, as well as an accounting of actions taken by the Senate at the start of the 112th Congress.

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 Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

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 and continues throughout the beginning days 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. Thus, the Senate is a continuing body and does not have to reorganize itself each new Congress and adopt new rules and elect new leaders as does the House of Representatives. 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.

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2011 Updated Reprint. Updated Annually. US Senate Guide vol1