Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress-Rule IV.Duties of the Sergeant-At-Arms

[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
[105th Congress]
[House Document 104-272]
[Rules of the House of Representatives]
[Pages 348-351]
[From the U.S. Government Printing Office, www.gpo.gov]

Rule IV.

duties of the sergeant-at-arms.

[[Page 349]]

House, and all processes issued by authority thereof, directed to
him by the Speaker.

Sec. 648. SergeantatArms enforces authority of House.

1. It
shall be the duty of the Sergeant-at-Arms to attend the House during its
sittings, to maintain order under the direction of the Speaker or
Chairman, and, pending the election of a Speaker or Speaker pro tempore,
under the direction of the Clerk, execute the commands of the

This clause was adopted in 1789, with additions and amendments in
1838, 1877, 1890 (I, 257), April 5, 1911 (VI, 29) and 1971. Amendments
adopted in the 92d Congress clarified the responsibility of the
Sergeant-at-Arms to keep the accounts for the pay and mileage of the
Delegates from the District of Columbia, Guam, and the Virgin Islands
and the Resident Commissioner from Puerto Rico as well as for Members
(H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp.
36013-15). In the 94th Congress, the provisions of House Resolution 732,
directing the Sergeant-at-Arms to enter into agreements with State
officials, with the approval of the Committee on House Administration
(now House Oversight), to withhold State income taxes from the pay of
each Member subject to such State income tax and requesting such
withholding, were enacted into permanent law (90 Stat. 1448; 2 U.S.C.
60e-1b). Former provisions of this clause directing the Sergeant-at-Arms
to keep the accounts for the pay and mileage of Members and Delegates
and the Resident Commissioner from Puerto Rico were stricken by section
4 of the House Administrative Reform Resolution of 1992 (H. Res. 423,
102d Cong., Apr. 9, 1992, p. ----), to relieve the Sergeant-at-Arms of
functions to be transferred to the Director of Non-legislative and
Financial Services pursuant to section 7 of that resolution (see
Sec. 651e, infra). During the 102d Congress, the House adopted a
resolution presented by the Majority Leader as a question of the
privileges of the House to terminate all bank and check-cashing
operations in the Office of the Sergeant-at-Arms and direct the
Committee on Standards of Official Conduct to review GAO audits of such
operations (Oct. 3, 1991, p. 25435). When rule IV was rewritten entirely
in the 104th Congress, clause 1 was restated without change (sec.
201(c), H. Res. 6, Jan. 4, 1995, p. ----).

The Sergeant-at-Arms is authorized to make payments from the
contingent fund of the House (now referred to as ``applicable accounts
of the House described in clause 1(h)(1) of rule X''), under rules
prescribed by the Committee on House Oversight, to defray the expenses
of the funeral of a deceased Member of the House and the expenses of any
delegation of Members of Congress duly appointed to attend (76 Stat.
686; 2 U.S.C. 124).

At the organization of the House in a new Congress the election of
Speaker occurs before the adoption of rules. Therefore this rule is not
in force at that time, and in case of necessity a special rule may be
adopted conferring the authority, as was done in 1849 and 1859 (I, 101,
102).

[[Page 350]]

appropriate resolutions and adjourned as a mark of respect (VI,
32; July 8, 1953, p. 8263). The Clerk having died, and in the absence of
the Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at
organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 83d
Congress the Sergeant-at-Arms having died, the Clerk was elected to
serve temporarily both as Clerk and Sergeant-at-Arms (July 8, 1953, p.
8242), and upon resignation by the Clerk from his additional position of
Sergeant-at-Arms, the Speaker, pursuant to 2 U.S.C. 75a-1, appointed a
temporary Sergeant-at-Arms (Jan. 6, 1954, p. 8). The Sergeant-at-Arms
having resigned in the 96th Congress, the Speaker appointed a temporary
Sergeant-at-Arms pursuant to the statute (Feb. 28, 1980, pp. 4349-50);
and the same occurred in the 102d Congress (Mar. 12, 1992, p. ----).
Instance where the Senate by resolution removed its Sergeant-at-Arms
(VI, 37).

-- <> 2. The symbol of his office shall be the mace, which shall
be borne by him while enforcing order on the floor.

Duties are imposed on the Sergeant-at-Arms by law (I, 258): Control of
Capitol police; and the making up of the roll of Members-elect and
presiding over the organization of a new Congress in case of vacancy in
the office of Clerk, or the absence or disability of that officer (2
U.S.C. 26). The death of the Sergeant-at-Arms being announced, the House
passed

This clause was adopted in 1789 (II, 1346). When rule IV was rewritten
entirely in the 104th Congress, the clause was restated without change
(sec. 201(c), H. Res. 6, Jan. 4, 1995, p. ----). An attempt to enforce
order without the mace gave rise to a question of privilege (II, 1347).
Extreme disorder arising on the floor, the Speaker directed the
Sergeant-at-Arms to enforce order with the mace (VI, 258; VIII, 2530).

Sec. 650a. Doorkeeping.

3. He shall enforce strictly the
rules relating to the privileges of the Hall and be responsible to the
House for the official conduct of his employees.

4. He shall allow no person to enter the room over the Hall of the
House during its sittings; and fifteen minutes before the hour of the
meeting of the House each day he shall see that the floor is cleared of
all persons except those privileged to remain, and kept so until ten
minutes after adjournment.

[[Page 351]]

Clauses 3 and 4 were added in the 104th Congress to transfer functions
incident to the abolishment of the Office of the Doorkeeper (sec.
201(c), H. Res. 6, Jan. 4, 1995, p. ----). For the history of the Office
of the Doorkeeper, see Sec. 651d, infra.

Sec. 650b. Semiannual reports.

5. In addition to any other
reports required by the Speaker or the Committee on House Oversight, the
Sergeant-at-Arms shall report to the Committee on House Oversight not
later than forty-five days following the close of each semiannual period
ending June 30 or on December 31 on the financial and operational status
of each function under the jurisdiction of the Sergeant-at-Arms. Each
report shall include financial statements, a description or explanation
of current operations, the implementation of new policies and
procedures, and future plans for each function.

Sec. 650c. Cooperation with others.

6. The Sergeant-at-Arms
shall fully cooperate with the appropriate offices and persons in the
performance of reviews and audits of financial records and
administrative operations.

Clauses 5 and 6 were added in the 104th Congress (sec. 201(c), H. Res.
6, Jan. 4, 1995, p. ----).