[USC02] 2 USC CHAPTER 55, SUBCHAPTER I: GENERAL
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2 USC CHAPTER 55, SUBCHAPTER I: GENERAL
From Title 2—THE CONGRESSCHAPTER 55—HOUSE OF REPRESENTATIVES OFFICERS AND ADMINISTRATION

SUBCHAPTER I—GENERAL

§5501. Temporary appointments in case of vacancies or incapacity of House officers; compensation

(a) Temporary appointments in case of vacancy or incapacity in office of Clerk, Sergeant at Arms, Chief Administrative Officer, or Chaplain of House

In case of a vacancy, from whatever cause, in the office of Clerk, Sergeant at Arms, Chief Administrative Officer or Chaplain, of the House of Representatives, or in case of the incapacity or inability of the incumbent of any such office to perform the duties thereof, the Speaker of the House of Representatives may appoint a person to act as, and to exercise temporarily the duties of, Clerk, Sergeant at Arms, Chief Administrative Officer or Chaplain, as the case may be, until a person is chosen by the House of Representatives and duly qualifies as Clerk, Sergeant at Arms, Chief Administrative Officer or Chaplain, as the case may be, or until the termination of the incapacity or inability of the incumbent.

(b) Duties of temporary appointees

Any person appointed pursuant to this section shall exercise all the duties, shall have all the powers, and shall be subject to all the requirements and limitations applicable with respect to one chosen by the House of Representatives to fill the office involved.

(c) Compensation of temporary appointee

Any person appointed pursuant to this section shall be paid the compensation which he would receive if he were chosen by the House of Representatives to fill the office involved, unless such person is concurrently serving in any office or position the compensation for which is paid from the funds of the United States, in which case he shall receive no compensation for services rendered pursuant to his appointment under this section, and his compensation for performing the duties of such office other than the one to which he is appointed pursuant to this section shall be in full discharge for all services he performs for the United States while serving in such dual capacity.

(Aug. 2, 1946, ch. 753, §208, as added Aug. 5, 1953, ch. 330, 67 Stat. 387; amended Pub. L. 104–186, title II, §204(20), Aug. 20, 1996, 110 Stat. 1733; Pub. L. 109–289, div. B, title II, §20702(b), as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 38.)

Codification

Section was formerly classified to section 75a–1 of this title prior to editorial reclassification and renumbering as this section.

Amendment by Pub. L. 109–289 is based on section 103(b)(2) of title I of H.R. 5521, as passed by the House of Representatives on June 7, 2006, which was enacted into law by section 20702(b) of Pub. L. 109–289, as added by Pub. L. 110–5.

Amendments

2007—Subsec. (b). Pub. L. 109–289, §20702(b), as added by Pub. L. 110–5, substituted "involved." for "involved; but nothing in this section shall be held to amend, repeal, or otherwise affect section 75a of this title."

1996—Subsec. (a). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Doorkeeper, Postmaster," wherever appearing.

§5502. House emergency operations positions

(a) Establishment in certain offices

Effective with respect to fiscal year 2002 and each succeeding fiscal year, there are hereby established 2 additional positions in each of the following offices of the House of Representatives:

(1) The Office of the Clerk.

(2) The Office of the Chief Administrative Officer.

(3) The Office of the Sergeant at Arms.

(b) Duties

The duty of the personnel appointed to a position established under this section shall be to ensure the continuity of the operations of the House of Representatives during periods of emergency, in accordance with the direction of the head of the office in which the position is established.

(c) Rate of pay

The annual rate of pay provided for a position established under this section shall be determined by the head of the office in which the position is established.

(d) Appointment authority

Notwithstanding any other provision of law, the head of the office in which a position is established under this section shall have the exclusive authority to appoint personnel to such a position.

(Pub. L. 107–68, title I, §118, Nov. 12, 2001, 115 Stat. 573.)

Codification

Section was formerly classified to section 75f of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.

§5503. Actions against officers for official acts

In any action brought against any person for or on account of anything done by him while an officer of either House of Congress in the discharge of his official duty, in executing any order of such House, the United States attorney for the district within which the action is brought, on being thereto requested by the officer sued, shall enter an appearance in behalf of such officer; and all provisions of the eighth section of the Act of July 28, 1866, entitled "An Act to protect the revenue, and for other purposes", and also all provisions of the sections of former Acts therein referred to, so far as the same relate to the removal of suits, the withholding of executions, and the paying of judgments against revenue or other officers of the United States, shall become applicable to such action and to all proceedings and matters whatsoever connected therewith, and the defense of such action shall thenceforth be conducted under the supervision and direction of the Attorney General.

(Mar. 3, 1875, ch. 130, §8, 18 Stat. 401; June 25, 1948, ch. 646, §1, 62 Stat. 909.)

References in Text

The provisions of section 8 of act July 28, 1866, ch. 298, 14 Stat. 329, referred to in text, were contained generally in R.S. §643, which was incorporated in the former Judicial Code, §33, and was repealed by act June 25, 1948, ch. 646, §39, 62 Stat. 992. See sections 1442, 1446, and 1447 of Title 28, Judiciary and Judicial Procedure. Other provisions referred to were contained in R.S. §§771, 989, which were also repealed by act June 25, 1948. See sections 509, 547, and 2006, respectively, of Title 28.

Codification

Section was formerly classified to section 118 of this title prior to editorial reclassification and renumbering as this section.

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "district attorney". See section 541 of Title 28, Judiciary and Judicial Procedure.

§5504. Officers of Senate

Section 5503 of this title shall not apply to officers of the Senate.

(Pub. L. 95–521, title VII, §714(d), Oct. 26, 1978, 92 Stat. 1884.)

Codification

Section was formerly classified to section 118a of this title prior to editorial reclassification and renumbering as this section.

Effective Date

Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.

§5505. Payments from applicable accounts of House of Representatives

(a) In general

No payment may be made from the applicable accounts of the House of Representatives (as determined by the Committee on House Oversight of the House of Representatives), unless sanctioned by that Committee. Payments on vouchers approved in the manner directed by that Committee shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and officers of the Government.

(b) Definitions

As used in this section—

(1) the term "applicable accounts of the House of Representatives" means accounts for salaries and expenses of committees (other than the Committee on Appropriations), the computer support organization of the House of Representatives, and allowances and expenses of Members of the House of Representatives, officers of the House of Representatives, and administrative and support offices of the House of Representatives; and

(2) the term "Member of the House of Representatives" means a Representative in, or a Delegate or Resident Commissioner to, the Congress.

(Pub. L. 104–186, title I, §105, Aug. 20, 1996, 110 Stat. 1721.)

Codification

Section was formerly classified to section 95–1 of this title prior to editorial reclassification and renumbering as this section.

Section is comprised of section 105 of Pub. L. 104–186. Subsec. (c) of section 105 of Pub. L. 104–186 amended former section 95 of this title.

Prior Provisions

Provisions similar to those in this section were contained in former section 95 of this title prior to amendment of that section by Pub. L. 104–186, title I, §105(c), Aug. 20, 1996, 110 Stat. 1722.

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.

§5506. Appropriations for expenses of House; restrictions

Appropriations made for expenses of the House of Representatives shall not be used for the payment of personal services except upon the express and specific authorization of the House in whose behalf such services are rendered. Nor shall such appropriations be used for any expenses not intimately and directly connected with the routine legislative business of the House of Representatives, and the Government Accountability Office shall apply the provisions of this section in the settlement of the accounts of expenditures from said appropriations incurred for services or materials.

(Feb. 14, 1902, ch. 17, §1, 32 Stat. 26; June 10, 1921, ch. 18, title III, §304, 42 Stat. 24; Pub. L. 104–186, title II, §204(45), Aug. 20, 1996, 110 Stat. 1737; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Codification

Section was formerly classified to section 95a of this title prior to editorial reclassification and renumbering as this section. Section was also formerly classified to section 671 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.

Section is based on provisions of proviso on 32 Stat. 26, act of Feb. 14, 1902, ch. 17, the Urgent Deficiency Appropriation Act for the fiscal year 1902, relating to appropriations for contingent expenses of House of Representatives. Provisions of proviso relating to appropriations for expenses of Senate are classified to section 6505 of this title.

Amendments

1996Pub. L. 104–186 substituted "expenses of the House" for "contingent expenses of the House".

Transfer of Functions

"Government Accountability Office" substituted in text for "General Accounting Office" pursuant to section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance, which redesignated the General Accounting Office and any references thereto as the Government Accountability Office. Previously, "General Accounting Office" substituted in text for "accounting officers of the Treasury" pursuant to act June 10, 1921, which transferred powers and duties of Comptroller, six auditors, and certain other employees of the Treasury to General Accounting Office. See section 701 et seq. of Title 31.

§5507. Transfers of amounts appropriated for House

(a) Transfers among categories of allowances and expenses

Amounts appropriated for any fiscal year for the House of Representatives under the heading "allowances and expenses" may be transferred among and merged with the various categories of allowances and expenses under such heading, effective upon the expiration of the 21-day period (or such alternative period that may be imposed by the Committee on Appropriations of the House of Representatives) which begins on the date such Committee has been notified of the transfer.

(b) Transfers among offices and activities

Amounts appropriated for any fiscal year for the House of Representatives under the heading "salaries, officers and employees" may be transferred among and merged with the various offices and activities under such heading, effective upon the expiration of the 21-day period (or such alternative period that may be imposed by the Committee on Appropriations of the House of Representatives) which begins on the date such Committee has been notified of the transfer.

(c) Transfers among various appropriations headings

(1) Amounts appropriated for any fiscal year for the House of Representatives under the headings specified in paragraph (2) may be transferred among and merged with such headings, effective upon the expiration of the 21-day period (or such alternative period that may be imposed by the Committee on Appropriations of the House of Representatives) which begins on the date such Committee has been notified of the transfer.

(2) The headings referred to in paragraph (1) are "House Leadership Offices", "Members' Representational Allowances", "Committee Employees", "Salaries, Officers and Employees", "Allowances and Expenses", the heading for any joint committee under the heading "Joint Items" (to the extent that amounts appropriated for the joint committee are disbursed by the Chief Administrative Officer of the House of Representatives), and "Office of the Attending Physician".

(d) Transfers to Architect of the Capitol

Amounts appropriated for any fiscal year for the House of Representatives under the heading "Allowances and Expenses" may be transferred to the Architect of the Capitol and merged with and made available under the heading "House Office Buildings", subject to the approval of the Committee on Appropriations of the House of Representatives.

(e) Transfers to House Historic Buildings Revitalization Trust Fund

Amounts appropriated for any fiscal year for the House of Representatives under any heading other than the heading "Members' Representational Allowances" may be transferred to the Architect of the Capitol and merged with and made available under the heading "House Historic Buildings Revitalization Trust Fund", subject to the approval of the Committee on Appropriations of the House of Representatives.

(f) Transfers among House Leadership Offices

Amounts appropriated for any fiscal year for the House of Representatives under the heading "House Leadership Offices" may be transferred among and merged with the various offices and activities under such heading, effective upon the expiration of the 21-day period (or such alternative period that may be imposed by the Committee on Appropriations of the House of Representatives) which begins on the date such Committee has been notified of the transfer.

(Pub. L. 102–392, title I, §101, Oct. 6, 1992, 106 Stat. 1709; Pub. L. 108–7, div. H, title I, §109(a), Feb. 20, 2003, 117 Stat. 355; Pub. L. 111–8, div. G, title I, §§103(a), 105(a), (b), Mar. 11, 2009, 123 Stat. 817, 818; Pub. L. 111–68, div. A, title I, §§104(a), 1304(d), Oct. 1, 2009, 123 Stat. 2029, 2035; Pub. L. 113–76, div. I, title I, §103(a), Jan. 17, 2014, 128 Stat. 422; Pub. L. 115–244, div. B, title I, §119(a), Sept. 21, 2018, 132 Stat. 2930.)

Codification

Section was formerly classified to section 95b of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1993, which is title I of the Legislative Branch Appropriations Act, 1993.

Amendments

2018—Subsec. (f). Pub. L. 115–244 added subsec. (f).

2014—Subsec. (c)(2). Pub. L. 113–76 substituted " 'Allowances and Expenses', the heading for any joint committee under the heading 'Joint Items' (to the extent that amounts appropriated for the joint committee are disbursed by the Chief Administrative Officer of the House of Representatives), and 'Office of the Attending Physician' " for "and 'Allowances and Expenses' ".

2009—Subsecs. (a), (b), (c)(1). Pub. L. 111–8, §105(a), substituted "transferred among and merged with" for "transferred among".

Subsec. (c)(2). Pub. L. 111–8, §105(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The headings referred to in paragraph (1) are 'house leadership offices', 'members' clerk hire', 'committee employees', 'standing committees, special and select', 'house information systems', 'allowances and expenses', 'official mail costs', and 'salaries, officers and employees'."

Subsec. (d). Pub. L. 111–68, §104(a), substituted "and merged with and made available" for "and made available".

Pub. L. 111–8, §103(a), added subsec. (d).

Subsec. (e). Pub. L. 111–68, §1304(d), added subsec. (e).

2003—Subsecs. (a), (b), (c)(1). Pub. L. 108–7 substituted "effective upon the expiration of the 21-day period (or such alternative period that may be imposed by the Committee on Appropriations of the House of Representatives) which begins on the date such Committee has been notified of the transfer" for "upon approval of the Committee on Appropriations of the House of Representatives".

Effective Date of 2018 Amendment

Pub. L. 115–244, div. B, title I, §119(b), Sept. 21, 2018, 132 Stat. 2931, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2019 and each succeeding fiscal year."

Effective Date of 2014 Amendment

Pub. L. 113–76, div. I, title I, §103(b), Jan. 17, 2014, 128 Stat. 422, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2014 and each succeeding fiscal year."

Effective Date of 2009 Amendment

Pub. L. 111–68, div. A, title I, §104(b), Oct. 1, 2009, 123 Stat. 2029, provided that: "The amendment made by subsection (a) [amending this section] shall apply to funds appropriated for fiscal year 2010 and succeeding fiscal years."

Amendment by section 1304(d) of Pub. L. 111–68 applicable with respect to fiscal year 2010 and each succeeding fiscal year, see section 1870(e) of this title.

Pub. L. 111–8, div. G, title I, §103(b), Mar. 11, 2009, 123 Stat. 817, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2009 and each succeeding fiscal year."

Pub. L. 111–8, div. G, title I, §105(c), Mar. 11, 2009, 123 Stat. 818, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2009 and each succeeding fiscal year."

Effective Date of 2003 Amendment

Pub. L. 108–7, div. H, title I, §109(b), Feb. 20, 2003, 117 Stat. 355, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2003 and each succeeding fiscal year."

Categories of Allowances and Expenses

Pub. L. 105–55, title I, §102, Oct. 7, 1997, 111 Stat. 1183, provided that: "The funds and accounts specified in section 107(b) of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 123b note) [now 2 U.S.C. 4131 note] shall be treated as categories of allowances and expenses for purposes of section 101(a) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)) [now 2 U.S.C. 5507(a)]."

§5508. Account in House of Representatives for Employees' Compensation Fund

(a) Establishment

There is hereby established an account in the House of Representatives for purposes of making payments of the House of Representatives to the Employees' Compensation Fund under section 8147 of title 5, and for reimbursing the Secretary of Labor for any amounts paid with respect to unemployment compensation payments for former employees of the House.

(b) Payments made from account

Notwithstanding any other provision of law, payments may be made from the account established under subsection (a) at any time after October 7, 1997, without regard to the fiscal year for which the obligation to make such payments is incurred.

(c) Category of allowances and expenses

The account established under subsection (a) shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.

(Pub. L. 105–55, title I, §109, Oct. 7, 1997, 111 Stat. 1184; Pub. L. 113–76, div. I, title I, §102(a), Jan. 17, 2014, 128 Stat. 422.)

Codification

Section was formerly classified to section 95d of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.

Amendments

2014—Subsec. (a). Pub. L. 113–76 substituted ", and for reimbursing the Secretary of Labor for any amounts paid with respect to unemployment compensation payments for former employees of the House." for period at end.

Effective Date of 2014 Amendment

Pub. L. 113–76, div. I, title I, §102(b), Jan. 17, 2014, 128 Stat. 422, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2014 and each succeeding fiscal year."

§5509. Incidental use of equipment and supplies

(a) Notwithstanding any other provision of law, the Committee on House Oversight may prescribe by regulation appropriate conditions for the incidental use, for other than official business, of equipment and supplies owned or leased by, or the cost of which is reimbursed by, the House of Representatives.

(b) The authority of the Committee on House Oversight to prescribe regulations pursuant to subsection (a) shall apply with respect to fiscal year 1999 and each succeeding fiscal year.

(Pub. L. 105–275, title I, §106, Oct. 21, 1998, 112 Stat. 2439.)

Codification

Section was formerly classified to section 112f of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.

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.

§5510. Providing assistance to House of Representatives in response to cybersecurity events

(a) Provision of assistance

If the Speaker of the House of Representatives (or the Speaker's designee), with the concurrence of the Minority Leader of the House of Representatives (or the Minority Leader's designee), determines that a cybersecurity event has occurred and that containing, mitigating, or resolving the event exceeds the resources of the House of Representatives, then notwithstanding any other provision of law or any rule, regulation, or executive order—

(1) the Speaker may request assistance in responding to the event from the head of any Executive department, military department, or independent establishment;

(2) not later than 24 hours after receiving the request, the head of the department or establishment shall begin to provide appropriate assistance in response to the incident, including (if necessary) restoring the information systems of the House to an operational state which allows for the continuation of the legislative process and for Members, officers, and employees of the House to continue to meet their official and representational duties; and

(3) such assistance shall be provided without reimbursement by the House of Representatives.

(b) Scope of assistance

(1) In general

The assistance provided to the Speaker by the head of a department or establishment under this section may consist only of a type that the head of the department or establishment is authorized under law to provide to the department or establishment, another Executive department, military department, or independent establishment, or a private entity.

(2) Connections between department or establishment and House information systems

In providing assistance under this section—

(A) personnel of a department or establishment may not log onto the information systems of the House without the authorization of the Speaker (or the Speaker's designee); and

(B) personnel of a department or establishment may provide the House with access to technological support services of the department or establishment, including by authorizing personnel or systems of the House to connect with and operate services or programs of the department or establishment with guidance from subject matter experts of the department or establishment.

(c) Termination of assistance

(1) Termination upon notice from Speaker

After initiating assistance under this section, the head of the department or establishment shall continue providing assistance until the Speaker (or Speaker's designee) notifies the head of the department or establishment that the cybersecurity incident has terminated and that it is no longer necessary for the department or establishment to provide post-incident assistance.

(2) Removal of technological support services

Upon receiving notice from the Speaker under paragraph (1), the head of the department or establishment shall ensure that any technological support services or programs of the department or establishment are removed from the information systems of the House, and that personnel of the department or establishment are no longer monitoring such systems.

(d) Compliance with existing standards

In providing assistance under this section, the head of the Executive department, military department, or independent establishment shall meet the requirements of section 113 of the Legislative Branch Appropriations Act, 2017 (Public Law 115–31).

(e) No effect on other authority to provide support

Nothing in this section may be construed to affect the authority of an Executive department, military department, or independent establishment to provide any support, including cybersecurity support, to the House of Representatives under any other law, rule, or regulation.

(f) Definitions

In this section, each of the terms "Executive department", "military department", and "independent establishment" has the meaning given such term in chapter 1 of title 5.

(Pub. L. 115–91, div. A, title X, §1090, Dec. 12, 2017, 131 Stat. 1606.)

References in Text

Section 113 of the Legislative Branch Appropriations Act, 2017, referred to in subsec. (d), is section 113 of title I of div. I of Pub. L. 115–31, May 5, 2017, 131 Stat. 576, which is not classified to the Code.

§5511. Transfer of funds

(a) Transfer of unexpended appropriations for salaries and expenses

Notwithstanding any other provision of law, upon completion of the second fiscal year which begins after the end of the period during which amounts appropriated under any of the items under the heading "House of Representatives, Salaries and Expenses" are available for obligation or expenditure, any such amounts which remain unobligated and unexpended shall be transferred to the heading "House of Representatives, Salaries and Expenses, Allowances and Expenses" and shall be available until expended for purposes of House of Representatives Business Continuity and Disaster Recovery.

(b) Exception for Members' Representational Allowances

Subsection (a) does not apply to amounts appropriated under the heading "House of Representatives, Salaries and Expenses, Members' Representational Allowances".

(c) Notification

The Chief Administrative Officer of the House of Representatives shall notify the Committee on Appropriations of the House of Representatives prior to the obligation or expenditure of any amounts transferred under subsection (a).

(d) Applicability

This section shall apply with respect to amounts appropriated for fiscal year 2018 or any succeeding fiscal year.

(Pub. L. 115–141, div. I, title I, §119, Mar. 23, 2018, 132 Stat. 777.)