Legislative Reorganization Act, 1946 [Secretary Supervises Transfer of Records to National Archives] SEC. 140. (a) The Secretary of the Senate and the Clerk of the House of Representatives are authorized and directed, acting jointly, to obtain at the close of each Congress all of the noncurrent records of the Congress and of each committee thereof and transfer them to the National Archives for preservation, subject to the orders of the Senate or the House, respectively. Senate Resolution, Adopted in 1886 [Secretary Custodian of Senate Seal] Resolved. That the Secretary shall have the custody of the seal. and shall use the same for the authentication of process transcripts. copies, and certificates whenever directed by the Senate; and may use the same to authenticate copies of such papers and documents. in his office as he may lawfully give copies of. Election of: The Secretary of the Senate is not elected by ballot, but by a resolution or order of the Senate.' Oath of Office: The Secretary of the Senate takes oath of office in open session of the Senate much the same as Senators. Resolutions are adopted notifying both the President of the United States and the House of Representatives of that action." Offices Under the Secretary: The office of Principal Executive Clerk of the Senate was abolished in 1892, and the appointment, removal, and control of the clerical force in the Secretary's office, including the Chief Clerk, was vested in the Secretary of the Senate.* Petitions, Memorials, and Private Bills Presented to Secretary: Petitions, memorials, and private bills, may, after the Morning Hour, or during debate or consideration of the unfinished business, be presented by bringing them to the 3 Oct. 22, 1965, 89-1, Record, p. 28148. 3 Oct. 22, 1965, 89-1, Record, p. 28148. In 1965, the Senate administered the oath of office to Mr. Frazier on Oct. 22, to be effective on Jan. 1, 1966. *May 19, 1892, 51-1, Journal, p. 272, Record, p. 4417. 14 S. Doc. No. 1123 of the 62d Cong., 3d sess., p. 473. Clerk's desk, or delivered to the Secretary of the Senate, and with the approval of the Presiding Officer, shall be entered in the Journal and Record and appropriately referred." Presides Over Senate in Absence of Elected Presiding Officers: "In the absence of the Vice President and pending the election of a President pro tempore, the Secretary of the Senate, or in his absence the Chief Clerk, shall perform the duties of the Chair." This situation obtains occasionally when the term of a Senator expires who has been elected President pro tempore of the Senate and before he is reelected or another President pro tempore has been elected.' Seal of Senate: The Senate, on March 31, 1885, agreed to a resolution. directing the Committee on Rules to prepare an official seal of the Senate; then on January 20, 1886, the Senate adopted a resolution placing the seal in the custody of the Secretary and prescribing its use." SELECT COMMITTEES See "Motions To Refer," pp. 729-731; "Special or Select Committees," pp. 262–263. Employees and Officers: SENATE See "Officers of the Senate," p. 567. Hour of Daily Meeting: 5 See "Daily Sessions," p. 380. July 25, 1914, 63-2, Record, pp. 12725, 12726; see also Jan. 19, 1938, 75–3, Record, p. 752. Now Assistant Secretary of the Senate as found in Public Law 92-51. 'Cited here are instances when the Secretary of the Senate called the Senate to order until a President pro tempore was elected: Jan. 19, 1859, 35–2, Journal, p. 161; Jan. 25, 1859, 35-2, Journal, p. 181; July 17, 1861, 37-1, Record, p. 177; Mar. 4, 1863, 37-3, Record, p. 1553; June 8, 1872, 42-2, Journal, p. 1004; Dec. 7, 1885, 49-1, Journal, p. 6; Feb. 7, 1896, 54–1, Journal, p. 117; Dec. 6, 1915, 64-1, Journal, p. 3; Mar. 4, 1933, 73-Special Session of the Senate, Journal, p. 5; Nov. 19, 1940, 76-3, Record, p. 20935; June 26, 1941, 77-1, Record, pp. 5635–5655; Jan. 3 and 4, 1947, 80-1, Record, pp. 1, 105; July 18, 1861, 37-1, Journal, p. 55; Mar. 4. 1863, 37-3, Journal, p. 448. 8 Mar. 21 and 31, 1885, 49-Special Session, Record, pp. 71, 96. New Congress: See "Congress," pp. 321-322. Special Sessions of Senate: See also "Special Session of Congress," p. 322. Upon the convening of an extraordinary session of the Senate, it is the universal custom of the Senate that no business shall be transacted until the President has been notified that the Senate is in session.1 Legislative business is not in order at a specially called session of the Senate." In a special session of either House, legislation is not in order; Congress must be in session for legislation to be in order.3 For a discussion of the powers and policy of the Senate as to the transaction of business at an extraordinary session of the Senate called by the President, see proceedings for March 6 through 13, 1893, and March 6, 1901.* It is not in order to introduce a bill at a special session of the Senate; in 1909 a joint resolution was introduced and referred to a committee." At the special session of the Senate in 1903, the President pro tempore suggested the futility of introducing bills and joint resolutions and presenting petitions not relating to the matters under consideration at the special session." Communications which require the action of both Houses of Congress should not be laid before the Senate by the Presiding Officer during a special session of that body; such communications should be retained on the desk of the Presiding Officer until the two Houses of Congress are convened.s In 1881 and 1893, when petitions praying for special legislation were received, by unanimous consent orders, they 3 'Mar. 5, 1903, 58-Special Session, Record, p. 3. Mar. 13, 14, 19, 26, 1873, 42-3, Journal, pp. 612, 614, 617, 625. Mar. 13, 1873, 42-3, Journal, p. 612; Mar. 14, 1873, 42-3, Journal, p. 614; Mar. 19, 1873, 42–3, Journal, p. 617. 'Mar. 6, 9, and 13, 1893, 53-Special Session, Record, pp. 4, 5, 9; Mar. 6, 1901, 57-Special Session, Record, p. 9; Mar. 8 and 11, 1875, 44-Special Session and 1st sess., Record, pp. 25-31; Mar 20, 1875, 44-Special Session, Record, pp. 92-95; Mar. 4, 1881, 47-Special Session, Record, pp. 36-40. * Mar. 6, 1917, 65-Special Session, Record, p. 7. Mar. 5 and 6, 1909, 61-Special Session, Record, pp. 7, 8. Mar. 11, 1903, 58-Special Session, Record, p. 55. 'Mar. 7, 1913, 63-Special Session, Record, p. 5. were filed with the Secretary of the Senate or the Vice President to be presented at the next regular session of Congress." In 1889, the power of the Senate, during a special session of that body, to act on resolutions for the appointment of a special committee, and expressing the sense of the Senate relative to the purchase of silver bullion by the Secretary of the Treasury, was questioned.1o In the same special session, a resolution to create a special committee to investigate the relations of the United States with Cuba precipitated a lengthy discussion as to the extent of the powers that might lawfully be exercised by the Senate at a session specially called." SENATE AMENDMENTS TO HOUSE BILL See "Amendments Between Houses," pp. 83-97. SENATE CHAMBER-DISPLAY OF CHARTS There is no rule that regulates the display of charts, exhibits, etc., on the Senate floor. This is managed by the Sergeant at Arms under the precedents and practices of the Senate.12 Mar. 27, 1893, 53-Special Session, Record, p. 32; Mar. 5, 1881, 47-Special Session, Record, p. 4. Absent: SENATORS See "Attendance of Senators," pp. 153-161. Blind Senator: In 1928, Senator Schall, a blind Senator was authorized, by resolution, to appoint a messenger to act as personal attendant in lieu of a page previously appointed. Certificates of Election: See "Credentials and Oath of Office," pp. 365-379. Classification of: The legislature of a State has no authority to designate the particular class to which Senators first elected shall be assigned.2 The procedure used for classification of the Senators from New Mexico and Arizona is set forth in the following resolution adopted on April 2, 1912:3 Resolved, That the Senate proceed to ascertain the classes to which the Senators from the States of Arizona and New Mexico shall be assigned, in conformity with the resolution of the Senate of the 14th of May 1789, and as the Constitution requires. Resolved, That the Secretary put two papers of equal size in each of two separate ballot boxes, and in each instance one of such papers shall be numbered one and the other shall be a blank. The Senators from the State of Arizona shall proceed to draw the papers from one of such ballot boxes, and the Senators from the State of New Mexico shall proceed to draw the papers from the other ballot box, proceeding to draw in the alphabetical order of their names. The Senators who draw papers numbered one shall be assigned to the class of Senators whose terms of service will expire on the 3d day of March 1917. That the Secretary then put into one ballot box two papers of equal size, one of which shall be numbered two and the other shall be numbered three. The two Senators who in the first instance drew blank ballots shall, in the alphabetical order of their names, each draw one paper from said ballot box, and the Senator who shall draw the paper 1 2 May 21 and 25, 1928, 70-1, Journal, pp. 495, 542, Record, pp. 9322, 9860. 3 Found at p. 244 of Journal for 2d sess. of the 62d Cong.; see also Aug. 24, 1959, 86-1, Record, p. 16740; Jan. 7, 1959, 86-1, Record, pp. 7-8, for like resolutions used for classifying Senators from Alaska and Hawaii. |