§78. Duties of Sergeant at Arms

It shall be the duty of the Sergeant at Arms of the House of Representatives to attend the House during its sittings, to maintain order under the direction of the Speaker, 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.

(Oct. 1, 1890, ch. 1256, §1, 26 Stat. 645 ; Pub. L. 104–186, title II, §204(25)(A), Aug. 20, 1996, 110 Stat. 1733 .)

Amendments

1996-Pub. L. 104–186 struck out ", keep the accounts for the pay and mileage of Members and Delegates, and pay them as provided by law" after "directed to him by the Speaker".

Transfer of Functions

Effective Feb. 1, 2010, functions of House of Representatives Office of Emergency Planning, Preparedness, and Operations transferred to Sergeant at Arms of the House of Representatives, see section 105 of title I of div. G of Pub. L. 112–74, set out as a note under section 130i of this title.

Law Enforcement Authority of Sergeant at Arms

Pub. L. 104–53, title III, §313, Nov. 19, 1995, 109 Stat. 538 , provided that:

"(a) The Sergeant at Arms of the House of Representatives shall have the same law enforcement authority, including the authority to carry firearms, as a member of the Capitol Police. The law enforcement authority under the preceding sentence shall be subject to the requirement that the Sergeant at Arms have the qualifications specified in subsection (b).

"(b) The qualifications referred to in subsection (a) are the following:

"(1) A minimum of five years of experience as a law enforcement officer before beginning service as the Sergeant at Arms.

"(2) Current certification in the use of firearms by the appropriate Federal law enforcement entity or an equivalent non-Federal entity.

"(3) Any other firearms qualification required for members of the Capitol Police.

"(c) The Committee on House Oversight [now Committee on House Administration] of the House of Representatives shall have authority to prescribe regulations to carry out this section."