Order Code 98-748 GOV Updated August 20, 2008 Sergeant at Arms and Doorkeeper of the Senate: Legislative and Administrative Duties Jacob R. Straus Analyst on the Congress Government and Finance Division Summary The Sergeant at Arms and Doorkeeper of the Senate is an officer elected by the Senate at the beginning of each Congress. The Sergeant at Arms has protection, security, decorum, protocol, and administrative responsibilities that are derived from law, Senate rules, and other sources. The Senate Committee on Rules and Administration oversees the Sergeant at Arms and issues policies and regulations governing his duties and responsibilities. The position of Sergeant at Arms and Doorkeeper began in the First Congress when James Mathers became the first elected officer of the Senate.1 History of the Senate Sergeant at Arms and Doorkeeper The first elected officer of the Senate was James Mathers, who was elected Doorkeeper on April 6, 1789.2 On February 5, 1798, Mathers’s duties were expanded when he was “invested with the authority of Sergeant-at-Arms, to hold said office during the pleasure of the Senate, whose duty it shall be to execute the commands of the Senate, from time to time, and all such process as shall be directed to him by the President of the Senate.”3 Initially, the Senate met in closed-door sessions and it was the responsibility of the Doorkeeper to ensure that a quorum of Senators was present and that other interested parties were kept out of the chamber. This officer is hereafter referred to as Sergeant at Arms. Today, the Sergeant at Arms performs the original duties of the doorkeeper and is responsible for the protection of the Senate wing of the Capitol, the Senate office 1 This report builds on a 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 Senate debate, Annals of the Congress of the United States, vol. 7 (Feb. 5, 1798), pp. 497-498. CRS-2 buildings,4 and the Senate chamber.5 In addition, the Sergeant at Arms serves as the Senate’s chief protocol officer and has administrative responsibility for Senate offices and other Senate services, including the Senate beauty and barber shops, the Senate garage, the Senate post office, the Senate recording studio, and the Senate photographic studio. Origins of Duties and Responsibilities The duties and responsibilities of the Sergeant at Arms and Doorkeeper have developed over time through several sources.6 These sources include statutes, Senate rules and orders, and customs and precedents. Statues, 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;7 the United States Statutes at Large, which is the collection of all laws and concurrent resolutions enacted during each session of Congress, published in the order they were enacted into law;8 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 law applicable to the Senate;9 and custom and precedent.10 4 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). (Hereafter, Senate Manual). Rules for the Regulation of the Senate Wing of the United States Capitol and Senate Office Building, Rule I (§ 120). 5 U.S. Congress, Senate, Standing Rules of the Senate, 110th Cong., 1st sess., Sept. 14, 2007, S.Doc 110-9 (Washington: GPO, 2007). Rule XXIII specifies those individuals who may be admitted to the Senate floor when the Senate is in session. 6 U.S. Congress, Congressional Research Service, The Senate Sergeant at Arms: Authorities, Duties, and Administration of Office, created at the request of the Senate Sergeant at Arms, by Jacob R. Straus (Jan. 16, 2008), 117 pp. Copies are available only from the Senate Sergeant at Arms. 7 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. 8 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. 9 Senate Manual. 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], accessed Aug. 12, 2008. 10 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 Additionally, many of the duties of the Sergeant at Arms 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 Sergeant at Arms. Areas of Responsibility The duties and responsibilities of Sergeant at Arms can be divided into three broad categories: law enforcement and security, protocol, and administration. Each category reflects the basic responsibility to ensure safe and effective operation of the Senate. Law Enforcement and Security. As the Senate’s chief law enforcement officer, the Sergeant at Arms is responsible for security in the Senate wing of the Capitol,11 the Senate office buildings, adjacent grounds,12 and for the security of Senators. At the request of a majority of Senators present on the floor, the Sergeant at Arms also has the authority to compel the attendance of absent Senators.13 The Sergeant at Arms enforces rules made by the Senate Committee on Rules and Administration and serves as a member of the Capitol Police Board, which is authorized by law to design, install, and maintain security systems for the Capitol and its grounds.14 Together with the Secretary of the Senate, the Sergeant at Arms develops and maintains a continuity-of-operations plan that enables the Senate to conduct business and access data at offsite locations, and oversees the office of security and emergency preparedness, which serves as the Senate’s emergency planning and response team.15 Protocol. As the chief of protocol of the Senate, the Sergeant at Arms performs ceremonial functions that exist through custom and precedent. In carrying out these duties, the Sergeant at Arms greets and escorts the U.S. President, heads of states, and other official Senate guests while attending functions in the Capitol; leads Senators from the Senate side of the Capitol to the House chamber for joint sessions of Congress, to their places on the inaugural platform, and to any other place the Senate travels as a body; and 11 Standing Rules of the Senate, Rule XXII; Rule XIX; and Rule XXXIII. Additional responsibility can be found in the Senate Manual, Rules and Regulations of the Senate Wing of the United States Capitol and Senate Office Buildings, Rule III, Rule IV, Rule VI, and Rule X. 12 The Senate Committee on Rules and Administration has directed that the Rules of the Regulation of the Senate Wing of the Capitol extend to the Senate Office Buildings under their authority from the Standing Rules of the Senate, Rule XXV (1)(n). 13 Standing Rules of the Senate, Rule VI. 14 2 U.S.C. § 1901, note. The Sergeant at Arms serves on the Capitol Police Board with the House Sergeant at Arms, the Architect of the Capitol, and the chief of the United States Capitol Police, who serves as an ex-officio member. 15 Testimonies of the Sergeant at Arms of the Senate William H. Pickle and former Sergeant at Arms of the Senate Alfonso Lenhardt, U.S. Congress, Senate Committee on Rules and Administration, Oversight of the Sergeant at Arms, Library of Congress, and Congressional Research Service, 108 t h Cong., 1 s t sess., Apr. 8, 2003, hearings at [http://rules.senate.gov/hearings/2003/ 040803SAA.htm], accessed Aug. 12, 2008. CRS-4 assists in arrangements for inaugurations and the planning of funerals of Senators who die while in office. By custom, the Sergeant at Arms is custodian of the Senate gavel.16 The Sergeant at Arms is responsible for protocol surrounding the death of a Senator. These responsibilities include the enforcement of a provision in the Standing Orders of the Senate which prohibits flowers in the Senate chamber unless an order is given waiving the prohibition for a display of flowers on the desk of a deceased Senator on the day of eulogies.17 The Sergeant at Arms also ascertains that the construction of a monument to a deceased Senator, who is to be buried in the Congressional Cemetery in Washington, D.C., conforms to specific construction materials and procedures.18 Administration. As an administrative officer of the Senate, the Sergeant at Arms is responsible for specified services to Senators’ offices, including the following: ! ! ! ! ! ! acquiring home state office space, including mobile office space;19 purchasing office equipment and maintaining records of equipment use;20 operating computer support services; managing telecommunications services;21 establishing prices of items available for use in Senate offices; and administering orientation seminars for Senators, Senate officials, or members of the staffs of Senators or Senate officials and other similar meetings.22 The administrative duties of the Sergeant at Arms also include services to the Senate as a whole, including the following: ! ! ! ! ! ! ! Senate service department, which is responsible for production of newsletters and other Senate mailings, purchase and maintenance of equipment, storage of Senate publications, and micrographics services; Senate computer center, which oversees Senate computer operations; Senate post office, and recording and photographic studios; Senate barber and beauty shops; custodial services, office furnishings and equipment, and automobiles; Senate garage and other parking facilities; appointment desk to greet visitors on official business; 16 Silvio A. Bedini, “The Mace and the Gavel,” Transactions of the American Philosophical Society, vol. 87, part 4 (1997), pp. 53-70. The Senate gavel is used to call for the commencement, adjournment, and for order in the Senate. For more information on the Senate gavel see U.S. Congress, U.S. Senate Art & History, “Senate Gavel” [http://www.senate.gov/ artandhistory/art/artifact/Other_71_00002.htm], accessed Aug. 19, 2008. 17 Senate Manual, Standing Orders of the Senate, § 64. 18 2 U.S.C. § 51. 19 2 U.S.C. § 59. 20 2 U.S.C. § 59b(a)-(c). 21 2 U.S.C. § 58a; 2 U.S.C. § 58a-2; and 2 U.S.C. § 52a-3. 22 2 U.S.C. § 69a. CRS-5 ! ! ! ! ! ! ! ! ! Senate health promotion office; Senate placement office; Senate telecommunications, the Capitol telephone exchange, and the Senate telephone directory; Capitol Guide Service and other visitor services including assistance in Braille, sign language interpretation, and telecommunications devices for the deaf; Senate page program and assignment of duties to messengers; oversight of the doorkeepers; issuance of identification cards to Senate employees; disposal of surplus equipment; and education and training programs for Senate staff as needed. See [http://www.senate.gov/reference/office/sergeant_at_arms.htm] for further information on the history, structure, and operation of the Senate Sergeant at Arms office. Table 1. Sergeants at Arms and Doorkeepers of the Senate Congress (in which service began) Name Term Began Term Concluded 1st (1789-1791) James Mathers April 6, 1789 September 2, 1811 a 12th (1811-1813) Montjoy Bayly November 6, 1811 December 9, 1833 23rd (1833-1835) John Shackford December 9, 1833 1837 b 25th (1837-1839) Stephen Haight September 4, 1837 June 7, 1841 27th (1841-1843) Edward Dyer June 7, 1841 December 9, 1845 29th (1845-1847) Robert Beale December 9, 1845 March 17, 1853 33rd (1853-1855) Dunning R. McNair March 17, 1853 July 6, 1861 37th (1861-1863) George T. Brown July 6, 1861 March 22, 1869 41st (1869-1871) John R. French March 22, 1869 March 24, 1879 46th (1879-1881) Richard J. Bright March 24, 1879 December 18, 1883 48th (1883-1885) William P. Canaday December 18, 1883 June 30, 1890 51st (1889-1891) Edward K. Valentine June 30, 1890 August 7, 1893 53rd (1893-1895) Richard J. Bright August 8, 1893 February 1, 1900 56th (1899-1901) Daniel M. Ransdell February 1, 1900 August 26, 1912 62nd (1911-1913) E. Livingston Cornelius December 10, 1912 March 4, 1913 63rd (1913-1915) Charles P. Higgins March 13, 1913 March 3, 1919 66th (1919-1921) David S. Barry May 19, 1919 February 7, 1933 73rd (1933-1935) Chesley W. Jurney March 9, 1933 January 31, 1943 78th (1943-1945) Wall Doxey February 1, 1943 January 3, 1947 CRS-6 Congress (in which service began) Name Term Began Term Concluded 80th (1947-1949) Edward F. McGinnis January 4, 1947 January 2, 1949 81st (1949-1951) Joseph C. Duke January 3, 1949 January 2, 1953 83rd (1953-1955) Forest A. Harness January 3, 1953 January 4, 1955 84th (1955-1957) Joseph C. Duke January 5, 1955 December 30, 1965 89th (1965-1967) Robert G. Dunphy January 14, 1966 June 30, 1972 92nd (1971-1973) William H. Wannall July 1, 1972 December 17, 1975 94th (1975-1977) Frank “Nordy” Hoffman December 18, 1975 January 4, 1981 97th (1981-1983) Howard S. Liebengood January 5, 1981 September 12, 1983 98th (1983-1985) Larry E. Smith September 13, 1983 June 2, 1985 99th (1985-1987) Ernest E. Garcia June 3, 1985 January 5, 1987 100th (1987-1989) Henry K. Giugni January 6, 1987 December 31, 1990 102nd (1991-1993) Martha S. Pope c January 3, 1991 April 14, 1994 103rd (1993-1995) Robert Laurent Benoit April 15, 1994 January 3, 1995 104th (1995-1997) Howard O. Greene, Jr. January 4, 1995 September 6, 1996 Gregory S. Casey September 6, 1996 November 9, 1998 105th (1997-1999) James W. Ziglar November 9, 1998 September 3, 2001 107th (2001-2003) Alfonso E. Lenhardt September 4, 2001 March 16, 2003 108th (2003-2005) William H. Pickle March 17, 2003 January 4, 2007 110th (2007-2009) Terrance Gainer January 4, 2007 Present Source: Senate Historical Office, [http://www.senate.gov/artandhistory/history/common/briefing/ sergeant_at_arms.htm], accessed Aug. 12, 2008. Notes: a. James Mathers was originally elected to be Senate Doorkeeper, making him the first Senate officer. On February 5, 1798, the Senate expanded his duties to include those of Sergeant at Arms. b. John Shackford’s exact date of death is unknown. c. Martha S. Pope was the first woman to serve as Sergeant at Arms and Doorkeeper of the Senate.