For other versions of this document, see http://wikileaks.org/wiki/CRS-98-747 ------------------------------------------------------------------------------ Order Code 98-747 GOV Updated August 20, 2008 Secretary of the Senate: Legislative and Administrative Duties Jacob R. Straus Analyst on the Congress Government and Finance Division Summary The Secretary of the Senate is an officer of the Senate elected at the beginning of each Congress by the membership of the Senate. The Secretary has financial, administrative, and legislative responsibilities derived from law, Senate rules, and other sources. In addition, the Senate Committee on Rules and Administration maintains oversight authority over the Secretary of the Senate and issues policies and regulations governing the Secretary's duties and responsibilities. The Secretary of the Senate was established during the First Congress (1789-1791) when Samuel Allyne Otis was elected on April 8, 1789.1 History of the Secretary of the Senate The first Secretary of the Senate, Samuel Allyne Otis, was elected on April 8, 1789, two days after the Senate first achieved a quorum.2 The Secretary of the Senate was initially responsible for keeping the minutes and records of the Senate, transmitting messages to the House of Representatives, and purchasing supplies.3 Today, the Secretary of the Senate's jurisdiction has been expanded far beyond the original duties. These additional responsibilities include supervision of the clerks, curators, official recorders of debates, and the parliamentarian; the disbursement of payroll; the education of the Senate pages;4 and the maintenance of public records. The 1 This report revises an earlier report by Paul E. Dwyer, who recently retired as a Specialist in American National Government at CRS. 2 Senate debate, Annals of the Congress of the United States, vol. 1 (Apr. 6, 1789), pp. 17-18. 3 U.S. Congress, Senate Historical Office, Secretary of the Senate, [http://www.senate.gov/ artandhistory/history/common/briefing/secretary_senate.htm], accessed Aug. 12, 2008. 4 2 U.S.C. § 88b. CRS-2 Secretary serves as the chief financial officer of the Senate and is custodian of the Senate seal.5 Origins of Duties and Responsibilities The duties and responsibilities of the Secretary of the Senate have developed over time through several sources. These sources include statutes, Senate rules and orders, and custom and precedent. Statutes, rules and orders, and other materials may be found in ! the United States Code, which is the codification, by subject matter, of the general and permanent laws of the United States;6 ! the United States Statutes at Large, which is the collection of all laws and resolutions enacted during each session of Congress;7 ! the Senate Manual, which contains the texts of the (1) Standing Rules of the Senate, (2) standing orders of the senate, (3) rules for the Regulation of the Senate Wing of the United States Capitol, and (4) excerpts from laws applicable to the Senate;8 and ! through custom and precedent.9 5 U.S. Congress, Secretary of the Senate, "Senate Seal" [http://www.senate.gov/artandhistory/ history/common/briefing/Senate_Seal.htm], accessed Aug. 19, 2008. The Senate seal is based on the Great Seal of the United States and is inscribed with E Pluribus Unum on a shield of thirteen stars and thirteen vertical stripes. The seal also has olive and oak branches to symbolize peace and strength, a red liberty cap and crossed fasces to represent freedom and authority, emanating blue beams of light and the words "United States Senate." The seal is placed on impeachment documents and resolutions consenting to international treaties, resolutions recognizing appointments, and resolutions recognizing commendation and notable achievements. See also, "Senate Seal," Congressional Record, vol. 17, part 1 (Mar. 21, 1885), p. 71; "Senate Seal," Congressional Record, vol. 17, part 1 (Mar. 31, 1885), p. 96; and U.S. Congress, Riddick's Senate Procedure: Precedents and Practices, 101st Cong., 2nd sess., S.Doc. 101-28 (Washington: GPO, 1992), p. 1231. 6 The U.S. Code can be found online at the Office of the Law Revision Counsel website, [http://uscode.house.gov/search/criteria.shtml], accessed Aug. 12, 2008. 7 The Statutes at Large is prepared and published by the Office of the Federal Register at the National Archives and Records Administration (NARA). For more information see [http://www.archives.gov/federal-register/publications/statutes.html], accessed Aug. 12, 2008. 8 U.S. Congress, Senate Committee on Rules and Administration, Senate Manual -- Containing the Standing Rules, Orders, Laws, and Resolutions Affecting the Business of the United States Senate, S.Doc. 107-1, 107th Cong., 1st sess. (Washington: GPO, 2002). The Senate Manual has not been published since the 107th Congress. The Standing Rules of the Senate were most recently published on September 14, 2007, and can be found on the Senate Committee on Rules and Administration website [http://rules.senate.gov/senaterules], visited Aug. 12, 2008. 9 For example of some of the precedents of the Senate see, U.S. Congress, Riddick's Senate Procedure: Precedents and Practices, 101st Cong., 2nd sess., S.Doc. 101-28 (Washington: GPO, 1992). CRS-3 Many of the duties of the Secretary of the Senate are defined by the Senate Committee on Appropriations and the Senate Committee on Rules and Administration. As a consequence of its jurisdiction over Senate administrative matters, the Senate Committee on Rules and Administration oversees operations of the Secretary of the Senate. Areas of Responsibility The Secretary of the Senate's duties and responsibilities can be divided into three broad categories: financial, administrative, and legislative.10 Financial Responsibilities. The Secretary is the chief financial officer of the Senate. As such, the Secretary is responsible for funds appropriated to the Senate and for managing and supervising the disbursing office, which among its financial duties handles the Senate payroll and related personnel matters. The Secretary also conducts audits of Senate financial activities. Details on expenditures of funds appropriated to the Senate are published semi-annually by the Secretary in the Senate document, Report of the Secretary of the Senate.11 Administrative Responsibilities. The Secretary of the Senate is responsible for a number of services within the Senate. These responsibilities include ! the Senate Stationery Room; ! the Senate Library; ! the Conservation and Preservation Office; ! the Office of Public Records;12 ! the Senate Historical Office;13 ! the Office of Senate Curator; ! the Office of Senate Security; ! the Office of Interparliamentary Services;14 ! the Office of Printing and Document Services; ! the Disbursing Office; 10 U.S. Congress, Senate Historical Office, "April 8, 1789: Help Wanted -- The Senate Elects a Secretary" [http://www.senate.gov/artandhistory/history/minute/Help_Wanted_-_The_Senate_ Elects_A_Secretary.htm], accessed Aug. 12, 2008. 11 2 U.S.C. § 104a. 12 The Office of Public Records processes and maintains records filed with the Secretary, including records relating to campaign expenses, lobbying disclosure, financial disclosure, the Code of Conduct, gifts, mass mailings, political fund designees, Senate services, and foreign travel reimbursement reports. For more information on the Office of Public Records, see [http://www.senate.gov/pagelayout/legislative/g_three_sections_with_teasers/legislative_ home.htm], accessed Aug. 12, 2008. 13 For more information on the Senate Historical Office, see U.S. Congress, Senate Historical Office [http://www.senate.gov/artandhistory/history/common/generic/ Senate_Historical_Office.htm], accessed Aug. 19, 2008. 14 The Office of Interparliamentary Services represents the Senate to foreign parliamentary delegations and assists Senators with international travel. CRS-4 ! the Senate Page Program;15 and ! the Senate Gift Shop (including Gift Shop Revolving Fund). Other duties of the Secretary of the Senate include maintenance of the Senate public website; supervision of Senate staff displaced by the death or resignation of a Senator; and supervision of the Senate legal counsel. Legislative Responsibilities. The Secretary of the Senate manages functions that support the legislative process in the Senate, such as signing legislation after Senate passage.16 The Secretary also supervises the following staff (listed with their roll in the Senate legislative process): ! Bill Clerk (records the Senate's official activities and status of legislation); ! Enrolling Clerk (prepares Senate-passed legislation before it is sent to the President); ! Executive Clerk (records Senate actions during executive sessions, produces the Executive Calendar, and processes nominations and treaty resolutions received from the President); ! Journal Clerk (records the Senate's daily legislative proceedings and prepares a history of legislation for the Senate Journal); ! Legislative Clerk (reads aloud bills and amendments, the Senate Journal, messages to the Senate; calls the roll and prepares the daily Calendar of Business); ! Official Reporters of Debates (prepare verbatim reports of Senate floor proceedings for the Congressional Record); and ! Parliamentarian (advises Senators and staff on Senate precedents and rules, precedents, and statutes related to Senate proceedings). In addition, the Secretary of the Senate manages the following offices: 15 For more information on the Senate page program see CRS Report 98-758, Pages of the United States Congress: Selection, Duties, and Program Administration, by Mildred Amer; and CRS Report RL33685, Pages of the United States Congress: History, Background Information, and Proposals for Change, by Mildred Amer. 16 On January 3, 1947, the Secretary presided over the opening activities of the Senate, a job normally handled by the vice president or, in his absence, the president pro tempore of the Senate. In this case, Secretary of the Senate Leslie L. Biffle presided as a result of Harry Truman becoming president following President Franklin D. Roosevelt's death in 1945. See Congressional Record, vol. 93, part 1 (Jan. 3, 1947), p. 3. CRS-5 ! Daily Digest (preparing the resume of each day's activities of the Senate for the Congressional Record, including committee hearings and meetings, and floor actions); ! Captioning Services Office (provides captions of Senate proceedings for the hearing-impaired); ! Continuity of Operations Program (supports the Senate's ability to conduct business and access data at an offsite location, in conjunction with the Senate Sergeant at Arms). See [http://www.senate.gov/reference/office/secretary_of_senate.htm] for further information on the history, structure, and operation of the Secretary of the Senate's office. Table 1. Secretary of the Senate Congress (in which service Secretary of the Senate Term Began Term Concluded began) 1st (1789-1791) Samuel Allyne Otis April 8, 1789 April 22, 1814 a 13th (1813-1815) Charles Cutts October 12, 1814 December 12, 1825 19th (1825-1827) Walter Lowrie December 12, 1825 December 5, 1836 24th (1835-1837) Asbury Dickins December 13, 1836 July 15, 1861 37th (1861-1863) John W. Forney July 15, 1861 June 4, 1868 40th (1867-1869) George C. Gorham June 6, 1868 March 24, 1879 46th (1979-1881) John C. Burch March 24, 1879 July 28, 1881b 48th (1883-1885) Anson G. McCook December 18, 1883 August 7, 1893 53rd (1893-1895) William Ruffin Cox August 7, 1893 January 31, 1099 56th (1899-1901) Charles G. Bennett February 1, 1900 March 13, 1913 63rd (1913-1915) James M. Baker March 13, 1913 May 19, 1919 66th (1919-1921) George A. Sanderson May 19, 1919 April 24, 1925 69th (1925-1927) Edwin Pope Thayer December 7, 1925 March 9, 1933 73rd (1933-1935) Edwin A. Halsey March 9, 1933 January 29, 1945 79th (1945-1947) Leslie Biffle February 8, 1945 January 4, 1947 c 80th (1947-1949) Carl A. Loeffler January 4, 1947 January 3, 1949 81st (1949-1951) Leslie Biffle January 3, 1949 January 3, 1953 83rd (1953-1955) J. Mark Trice January 3, 1953 January 5, 1955 84th (1955-1957) Felton M. Johnston January 5, 1955 December 30, 1965 89th (1965-1967) Emery L. Frazier January 1, 1966 September 30, 1966 d CRS-6 Congress (in which service Secretary of the Senate Term Began Term Concluded began) Francis R. Valeo October 1, 1966 March 31, 1977 95th (1977-1979) J. Stanley Kimmitt April 1, 1977 January 4, 1981 97th (1981-1983) William F. Hildenbrand January 5, 1981 January 2, 1985 99th (1985-1987) Jo-Anne L. Coe January 3, 1985 January 6, 1987 e 100th (1987-1995) Walter J. Stewart January 6, 1987 April 15, 1994 103rd (1993-1995) Martha S. Pope April 15, 1994 January 3, 1995 104th (1995-1997) Sheila P. Burke January 4, 1995 June 7, 1995 Kelly D. Johnston June 8, 1995 September 30, 1996 Gary Lee Sisco October 1, 1996 July 11, 2001 107th (2001-2003) Jeri Thomson July 12, 2001 January 6, 2003 108th (2003-2005) Emily J. Reynolds January 7, 2003 January 4, 2007 110th (2007-2009) Nancy Erickson January 4, 2007 Present Source: Senate Historical Office [http://www.senate.gov/artandhistory/history/common/briefing/ secretary_senate.htm], accessed Aug. 19, 2008. Notes: a Samuel Otis died in office four days after the end of the second session of the 13th Congress. When the third session convened on September 19, 1814, Chief Clerk Samuel Turner, Jr., was sworn in as acting secretary. Turner served until Charles Cutts took office the following month. b Francis E. Shober was elected Acting Secretary on October 25, 1881 and served until December 18, 1883. Shober continued to serve as a result of an equally divided Senate that could not choose a permanent secretary. c Leslie Biffle also served as Acting Secretary between January 29 and February 8, 1945, following Edwin Halsey's death. d Frazier was elected on August 20, 1965 by S.Res. 140 which specified that his term begin on January 1, 1966 and terminate on September 30, 1966. Frazier was sworn in on October 22, 1965 and began his service on January 1, 1966.17 e Jo-Anne Coe was the first woman to serve as Secretary of the Senate. 17 Senate Journal, Volume 174, page 955(89th Congress, 1st session). ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-98-747