S.Res. 38Senate117th Congress (2021-2023)Passed Congress

A resolution establishing procedures for access to the floor of the Senate and the Senate Wing of the Capitol during impeachment proceedings against Donald John Trump, former President of the United States.

Introduced February 8, 2021

AI-Generated Summary

Updated February 7, 2026 at 10:28 PM UTC

This resolution sets out how people can get onto the Senate floor and the Senate wing of the Capitol while impeachment proceedings against former President Donald Trump are taking place. It limits entry to the floor to a set number of seats, requires everyone to stay seated, and defines which senators, staff, legal counsel, press and other participants may be present. It also outlines who may use the second floor of the Senate wing and puts the Sergeant at Arms in charge of enforcing the rules.

Key Provisions

  • Floor access during the impeachment is only through the cloakrooms, and the number of people allowed on the floor is limited to the number of vacant seats, with everyone required to stay seated.
  • Senate staff and officers may only go on the floor for impeachment duties; the Majority and Minority Leaders can each bring up to four assistants, and other key officials (Secretary of the Senate, Sergeant at Arms, legal counsel, Parliamentarian, etc.) may enter as needed under supervision.
  • Additional people allowed on the floor include one assistant to the president pro tempore, assistants to the House impeachment managers, and counsel and assistants for former President Donald Trump.
  • Access to the second floor of the Senate wing is limited to senators, Senate staff with proper ID, Architect of the Capitol employees, those with floor‑access privileges, people with official impeachment business, and credentialed press members.
  • The Architect of the Capitol must inform the Sergeant at Arms of any of its employees who need access during the impeachment.
  • The Sergeant at Arms and Doorkeeper are responsible for enforcing these access rules and issuing any required credentials.

Legislative Activity

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1 earlier action
SenateFloor Latest Action

Submitted in the Senate, considered, and agreed to without amendment by Unanimous Consent. (consideration: CR S588; text: CR S577-578)

February 8, 2021

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SenateIntro Referral

Introduced in Senate

February 8, 2021

SenateFloor

Submitted in the Senate, considered, and agreed to without amendment by Unanimous Consent. (consideration: CR S588; text: CR S577-578)

February 8, 2021

Floor Debate

1 member

What members said about S.Res. 38 on the floor

1 Democrat
Charles E. Schumer
Sen. Charles E. SchumerD-NY · Feb 8, 2021

Madam President, I ask unanimous consent that the Senate proceed to the en bloc consideration of the following resolutions that were submitted earlier today: S. Res. 38, S. Res. 39, S. Res. 40, and…

Bill Text

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Agreed to SenateIssued February 8, 2021

III

117th CONGRESS

1st Session

S. RES. 38

IN THE SENATE OF THE UNITED STATES

February 8, 2021

Mr. Schumer submitted the following resolution; which was considered and agreed to

RESOLUTION

Establishing procedures for access to the floor of the Senate and the Senate Wing of the Capitol during impeachment proceedings against Donald John Trump, former President of the United States.

1.

Senate floor access

During impeachment proceedings against Donald John Trump, former President of the United States, the following procedures relating to access to the Senate floor shall apply:

(1)

In general

(A)

Entrance through cloakrooms

Individuals with privileges under rule XXIII of the Standing Rules of the Senate (as limited by paragraph (2) of this section), or with privileges under paragraph (3) of this section, shall access the floor of the Senate through the cloakrooms only, unless otherwise directed by the Sergeant at Arms and Doorkeeper of the Senate.

(B)

General limits on access

Access to the floor of the Senate shall be limited to the number of vacant seats available on the floor of the Senate based on protocol considerations enforced by the Secretary for the Majority, the Secretary for the Minority, and the Sergeant at Arms and Doorkeeper of the Senate.

(C)

Seating requirements

All individuals with access to the floor of the Senate shall remain seated at all times.

(2)

Limited staff access

Officers and employees of the Senate, including members of the staffs of committees of the Senate or joint committees of the Congress and employees in the office of a Senator, shall not have privileges under rule XXIII of the Standing Rules of the Senate to access the floor of the Senate, except as needed for official impeachment proceeding duties in accordance with the following:

(A)

The Majority Leader and the Minority Leader shall each be limited to not more than 4 assistants.

(B)

The Secretary of the Senate and the Assistant Secretary of the Senate shall each have access, and the legislative staff of the Secretary of the Senate shall be permitted as needed under the supervision of the Secretary of the Senate.

(C)

The Sergeant at Arms and Doorkeeper of the Senate and the Deputy Sergeant at Arms and Doorkeeper shall each have access, and doorkeepers shall be permitted as needed under the supervision of the Sergeant at Arms and Doorkeeper of the Senate.

(D)

The Secretary for the Majority (or a replacement designated by such Secretary), the Secretary for the Minority (or a replacement designated by such Secretary), the Assistant Secretary for the Majority, and the Assistant Secretary for the Minority shall each have access, and cloakroom employees shall be permitted as needed under the supervision of the Secretary for the Majority or the Secretary for the Minority, as appropriate.

(E)

The Senate Legal Counsel and the Deputy Senate Legal Counsel shall have access on an as-needed basis.

(F)

The Parliamentarian of the Senate and assistants to the Parliamentarian of the Senate shall have access on an as-needed basis.

(G)

Counsel for the Secretary of the Senate and the Sergeant at Arms and Doorkeeper of the Senate shall have access on an as-needed basis.

(H)

The minimum number of chamber assistants necessary to carry out their duties, as determined by the Sergeant at Arms and Doorkeeper of the Senate and under the supervision of the Secretary for the Majority or the Secretary for the Minority, as appropriate, shall have access.

(3)

Other individuals with Senate floor access

The following individuals shall have privileges of access to the floor of the Senate:

(A)

Not more than 1 assistant to the President pro tempore.

(B)

Assistants to the managers of the impeachment of the House of Representatives.

(C)

Counsel and assistants to counsel for Donald John Trump, former President of the United States.

2.

Access to the second floor of the Senate Wing of the Capitol

(a)

In general

During impeachment proceedings against Donald John Trump, former President of the United States, access to the second floor of the Senate Wing of the Capitol shall be limited to—

(1)

Senators;

(2)

officers and employees of the Senate with appropriate Senate-issued identification cards and appropriate credentials;

(3)

employees of the Architect of the Capitol (as necessary and in accordance with subsection (b));

(4)

individuals with privileges under rule XXIII of the Standing Rules of the Senate (as limited by section 1(2)) or with privileges under section 1(3);

(5)

individuals with official business related to the impeachment proceedings; and

(6)

members of the press with appropriate credentials.

(b)

Architect of the Capitol

The Architect of the Capitol shall advise the Sergeant at Arms and Doorkeeper of the Senate of all officers or employees of the Architect of the Capitol who require access to the Senate Wing of the Capitol during the impeachment proceedings.

3.

Enforcement by the Sergeant at Arms and Doorkeeper

The Sergeant at Arms and Doorkeeper of the Senate shall enforce this resolution and take such other actions as necessary to fulfill the responsibilities of the Sergeant at Arms and Doorkeeper of the Senate under this resolution, including the issuance of appropriate credentials as required under paragraphs (2) and (6) of section 2(a).