[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Rules of the House of Representatives]
[Pages 343-346]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

                                Rule IV.


                     DUTIES OF THE SERGEANT-AT-ARMS.




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



[[Page 344]]
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. ----). 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. ----).
  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 

  The Sergeant-at-Arms is authorized to make payments from the 
contingent fund of the House, 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).


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


[[Page 345]]

  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 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).


  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.


-  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.

[[Page 346]]

  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. 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. ----).