Secretary of the Senate: Legislative and Administrative Duties

February 12, 2013 (98-747)

Contents

Tables

Appendixes

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.


Secretary of the Senate: Legislative and Administrative Duties

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.1 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.2

Today, the Secretary of the Senate's jurisdiction has been expanded 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;3 and the maintenance of public records. The Secretary also serves as the chief financial officer of the Senate and is the custodian of the Senate seal.4

In the event that the Secretary dies, resigns, or is disabled, the Assistant Secretary of the Senate acts as Secretary until a new Secretary is elected or the disability has ended. Acting jointly, only the majority and minority leaders and the President pro tempore can certify that the Secretary is unable to perform her duties.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

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

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.17 The Secretary also supervises the following staff (listed with their roll in the Senate legislative process):

In addition, the Secretary of the Senate manages the following offices:

Appendix. Secretary of the Senate

Since 1789, 32 men and women have been elected Secretary of the Senate. Table A-1 lists those individuals, the Congress, when their terms began, and when their terms concluded.

Table A-1. Secretary of the Senate

Congress
(in which service began)

Secretary of the Senate

Term Began

Term Concluded

1st (1789-1790)

Samuel Allyne Otis

April 8, 1789

April 22, 1814a

13th (1813-1814)

Charles Cutts

October 12, 1814

December 12, 1825

19th (1825-1826)

Walter Lowrie

December 12, 1825

December 5, 1836

24th (1835-1836)

Asbury Dickins

December 13, 1836

July 15, 1861

37th (1861-1862)

John W. Forney

July 15, 1861

June 4, 1868

40th (1867-1868)

George C. Gorham

June 6, 1868

March 24, 1879

46th (1979-1880)

John C. Burch

March 24, 1879

July 28, 1881b

48th (1883-1884)

Anson G. McCook

December 18, 1883

August 7, 1893

53rd (1893-1894)

William Ruffin Cox

August 7, 1893

January 31, 1099

56th (1899-1900)

Charles G. Bennett

February 1, 1900

March 13, 1913

63rd (1913-1914)

James M. Baker

March 13, 1913

May 19, 1919

66th (1919-1920)

George A. Sanderson

May 19, 1919

April 24, 1925

69th (1925-1926)

Edwin Pope Thayer

December 7, 1925

March 9, 1933

73rd (1933-1934)

Edwin A. Halsey

March 9, 1933

January 29, 1945

79th (1945-1946)

Leslie Biffle

February 8, 1945

January 4, 1947c

80th (1947-1948)

Carl A. Loeffler

January 4, 1947

January 3, 1949

81st (1949-1950)

Leslie Biffle

January 3, 1949

January 3, 1953

83rd (1953-1954)

J. Mark Trice

January 3, 1953

January 5, 1955

84th (1955-1956)

Felton M. Johnston

January 5, 1955

December 30, 1965

89th (1965-1966)

Emery L. Frazier

January 1, 1966

September 30, 1966d

 

Francis R. Valeo

October 1, 1966

March 31, 1977

95th (1977-1978)

J. Stanley Kimmitt

April 1, 1977

January 4, 1981

97th (1981-1982)

William F. Hildenbrand

January 5, 1981

January 2, 1985

99th (1985-1986)

Jo-Anne L. Coe

January 3, 1985

January 6, 1987e

100th (1987-1988)

Walter J. Stewart

January 6, 1987

April 15, 1994

103rd (1993-1994)

Martha S. Pope

April 15, 1994

January 3, 1995

104th (1995-1996)

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 (2001-2002)

Jeri Thomson

July 12, 2001

January 6, 2003

108th (2003-2004)

Emily J. Reynolds

January 7, 2003

January 4, 2007

110th (2007-2008)

Nancy Erickson

January 4, 2007

Present

Source: Senate Historical Office http://www.senate.gov/artandhistory/history/common/briefing/secretary_senate.htm.

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, with the adoption of 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 (Senate Journal, Vol. 174, page 955 (89th Congress, 1st session)).

e. Jo-Anne Coe was the first woman to serve as Secretary of the Senate.

Footnotes

1.

Senate debate, Annals of the Congress of the United States, vol. 1 (April 6, 1789), pp. 17-18.

2.

U.S. Congress, Senate Historical Office, Secretary of the Senate, at http://www.senate.gov/artandhistory/history/common/briefing/secretary_senate.htm.

3.

2 U.S.C. § 88b.

4.

U.S. Congress, Secretary of the Senate, "Senate Seal," at http://www.senate.gov/artandhistory/history/common/briefing/Senate_Seal.htm. 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 (March 21, 1885), p. 71; "Senate Seal," Congressional Record, vol. 17, part 1 (March 31, 1885), p. 96; U.S. Congress, Riddick's Senate Procedure: Precedents and Practices, 101st Cong., 2nd sess., S.Doc. 101-28 (Washington: GPO, 1992), p. 1231; and Senate Manual Containing the Standing Rules, Orders, Laws, and Resolutions Affecting the Business of the United States Senate, "§ 120, Seal of the Senate," 110th Cong., 2nd sess., S.Doc. 110-1 (Washington: GPO, 2008), p. 181.

5.

2 U.S.C. § 46b.

6.

The U.S. Code can be found online at the Office of the Law Revision Counsel website, at http://uscode.house.gov.

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.

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. 110-1, 110th Cong., 1st sess. (Washington: GPO, 2008). The Senate Manual has not been published since the 110th Congress. The Standing Rules of the Senate can be found on the Senate Committee on Rules and Administration website, at http://rules.senate.gov/public/index.cfm?p=RulesOfSenateHome.

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).

10.

U.S. Congress, Senate Historical Office, "April 8, 1789: Help Wanted—The Senate Elects a Secretary," at http://www.senate.gov/artandhistory/history/minute/Help_Wanted_-_The_Senate_Elects_A_Secretary.htm.

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.

13.

For more information on the Senate Historical Office, see U.S. Congress, Senate Historical Office, at http://www.senate.gov/artandhistory/history/common/generic/Senate_Historical_Office.htm.

14.

The Office of Interparliamentary Services represents the Senate to foreign parliamentary delegations and assists Senators with international travel.

15.

For more information on the Senate page program see CRS Report 98-758, Pages of the United States Congress: History and Program Administration, by [author name scrubbed].

16.

2 U.S.C. § 121d.

17.

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 (January 3, 1947), p. 3.