Sample Duties Of The Senate Parliamentarian

by Alan Frumin

Advise the Presiding Officer of the Senate on the floor of the Senate on all procedural aspects of Senate activity, including points of order and parliamentary inquiries. When appropriate, advise other Senators, Senate staff, House members and staff, and other government officers on these questions of Senate procedure.

1. Decide what conduct is appropriate on the floor of the Senate;

2. Decide which Senators are eligible to be recognized on the Senate floor;

3. Decide what Senators may do once they have been recognized;

4. Decide what Senators may say about one another on the Senate floor;

5. Decide the appropriate manner of proceeding in debate;

6. Decide to which single committee shall be referred every bill and resolution introduced in the Senate; every bill and resolution received from the House of Representatives; and thousands of communications received from the executive branch, the state legislatures, and private citizens;

7. Decide when amendments may be offered;

8. Decide whether amendments are properly drafted and therefore eligible for consideration;

9. Decide whether amendments may appropriately be offered to the legislation on the floor;

10. Decide whether amendments are germane, relevant, or otherwise meet substantive requirements;

11. Decide whether amendments constitute legislation on an appropriations bill;

12. Decide whether amendments violate the Congressional Budget Act of 1974;

13. Decide the appropriate use of expedited measures (such as the War Powers Resolution, Congressional Budget Act, and the Trade Act of 1974) on the Senate floor; and therefore decide which measures require 60 votes for adoption and which require a simple majority;

14. Decide what measures constitute budget resolutions privileged for consideration under the Congressional Budget Act of 1974, and therefore not subject to filibuster, and what provisions may be included therein;

15. Decide what measures are entitled to the status of a privileged reconciliation bill under the Congressional Budget Act of 1974, and therefore not subject to filibuster, and what provisions may be included therein;

16. Decide whether amendments and provisions of reconciliation bills violate the Senate’s Byrd Rule;

17. Decide what provisions may be included in conference reports;

18. Decide the interpretation of unanimous consent agreements that govern floor procedure, and decide appropriate procedures thereunder;

19. Decide the interpretation of the orders and resolutions by which the Senate organizes and governs itself;

20. Decide the terms of memberships of Senators on committees, and the tenure of some committee chairmen;

21. Decide whether Senate committees have acted appropriately in reporting measures, nominations and treaties to the full Senate;

22. Decide when and by what actions and under what circumstances the membership of the Senate has changed, what are the terms of Senate service of appointed Senators and those elected to succeed them, and how and when do these factors affect control of the Senate;

23. Verify credentials of Senators-elect, and appointed Senators;

24. Analyze provisions of state election laws to determine whether they are consistent with the Constitution and Senate practice;

25. Counsel the Presiding Officers of the Senate in presiding over impeachment trials, including the Chief Justice of the United States when presiding over the impeachment trial of the President of the United States, preparing legal briefs as necessary during such trials;

26. Counsel Vice Presidents of the United States in presiding over the counting of the Electoral Ballots for election of President and Vice President of the United States; and

27. Counsel Presiding Officers of the Senate at all joint sessions and joint meetings of Congress.