[USC02] 2 USC CHAPTER 55, SUBCHAPTER VIII: SERGEANT AT ARMS
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2 USC CHAPTER 55, SUBCHAPTER VIII: SERGEANT AT ARMS
From Title 2—THE CONGRESSCHAPTER 55—HOUSE OF REPRESENTATIVES OFFICERS AND ADMINISTRATION

SUBCHAPTER VIII—SERGEANT AT ARMS

§5601. Sergeant at Arms of House; additional compensation

The Sergeant at Arms of the House of Representatives shall receive, directly or indirectly, no fees or other compensation or emolument whatever for performing the duties of the office, or in connection therewith, otherwise than the salary prescribed by law.

(June 20, 1874, ch. 328, 18 Stat. 87.)

Codification

Section was formerly classified to section 77 of this title prior to editorial reclassification and renumbering as this section.

Similar Provisions

Provisions similar to those in this section were also contained in act Mar. 3, 1875, ch. 129, 18 Stat. 346.

§5602. Tenure of office of Sergeant at Arms

Any person duly elected and qualified as Sergeant at Arms of the House of Representatives shall continue in said office until his successor is chosen and qualified, subject however, to removal by the House of Representatives.

(Oct. 1, 1890, ch. 1256, §6, 26 Stat. 646.)

Codification

Section was formerly classified to section 83 of this title prior to editorial reclassification and renumbering as this section.

§5603. Symbol of office of Sergeant at Arms

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

(Oct. 1, 1890, ch. 1256, §2, 26 Stat. 645.)

Codification

Section was formerly classified to section 79 of this title prior to editorial reclassification and renumbering as this section.

§5604. 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.)

Codification

Section was formerly classified to section 78 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. 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 former section 130i of this title.

§5605. Law enforcement authority of Sergeant at Arms

(a) Law enforcement authority

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) Qualifications

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) Regulations

The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section.

(Pub. L. 104–53, title III, §313, Nov. 19, 1995, 109 Stat. 538.)

Codification

Section was formerly classified as a note under section 78 of this title prior to editorial reclassification and renumbering as this section.

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

§5606. Arrangements for attendance at funeral of deceased House Members; payment of funeral expenses and expenses of attending funeral rites

Notwithstanding any other provision of law, the Sergeant at Arms of the House is authorized and directed on and after October 2, 1962, to make such arrangements as may be necessary for any committee of Members of the Senate and House of Representatives duly appointed to attend the funeral of a deceased Member of the House. Notwithstanding any other provision of law, there shall be paid out of the applicable accounts of the House of Representatives, under such rules and regulations as the Committee on House Oversight may prescribe, such sums as may be necessary to defray the funeral expenses of the deceased Member and to defray the expenses of such committee, the Sergeant at Arms of the House or a representative of his office, and the widow (or widower) or minor children, or both, of the deceased Member incurred in attending the funeral rites and burial of such Member.

(Pub. L. 87–730, §101, Oct. 2, 1962, 76 Stat. 686; Pub. L. 104–186, title II, §204(69), Aug. 20, 1996, 110 Stat. 1740.)

Codification

Section was formerly classified to section 124 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriation Act, 1963.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Aug. 5, 1955, ch. 568, 69 Stat. 513.

July 2, 1954, ch. 455, title I, 68 Stat. 403.

Aug. 1, 1953, ch. 304, title I, 67 Stat. 325.

Amendments

1996Pub. L. 104–186 substituted "applicable accounts of the House of Representatives" for "contingent fund of the House" and "House Oversight" for "House Administration".

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.