2 U.S.C. § 5503 — Actions against officers for official acts

Page 606 TITLE 2—THE CONGRESS § 5502 of, Clerk, Sergeant at Arms, Chief Administra- tive Officer or Chaplain, as the case may be, until a person is chosen by the House of Rep- resentatives and duly qualifies as Clerk, Ser- geant at Arms, Chief Administrative Officer or Chaplain, as the case may be, or until the termi- nation of the incapacity or inability of the in- cumbent. (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 require- ments 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 Rep- resentatives 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 serv- ices rendered pursuant to his appointment under this section, and his compensation for per- forming 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.) Editorial Notes CODIFICATION Section was formerly classified to section 75a–1 of this title prior to editorial reclassification and renum- bering 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, re- peal, 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 es- tablished 2 additional positions in each of the following offices of the House of Representa- tives: (1) The Office of the Clerk. (2) The Office of the Chief Administrative Of- ficer. (3) The Office of the Sergeant at Arms. (b) Duties The duty of the personnel appointed to a posi- tion 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 es- tablished. (c) Rate of pay The annual rate of pay provided for a position established under this section shall be deter- mined by the head of the office in which the po- sition is established. (d) Appointment authority Notwithstanding any other provision of law, the head of the office in which a position is es- tablished under this section shall have the ex- clusive authority to appoint personnel to such a position. (Pub. L. 107–68, title I, § 118, Nov. 12, 2001, 115 Stat. 573.) Editorial Notes 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 Appro- priations 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 dis- charge 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 offi- cer sued, shall enter an appearance in behalf of such officer; and all provisions of the eighth sec- tion 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 re- late 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.) Editorial Notes REFERENCES IN TEXT The provisions of section 8 of act July 28, 1866, ch. 298, 14 Stat. 329, referred to in text, were contained gen- erally 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. Page 607 TITLE 2—THE CONGRESS § 5507 Statutory Notes and Related Subsidiaries 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 Proce- dure. § 5504. Officers of Senate Section 5503 of this title shall not apply to of- ficers of the Senate. (Pub. L. 95–521, title VII, § 714(d), Oct. 26, 1978, 92 Stat. 1884.) Editorial Notes CODIFICATION Section was formerly classified to section 118a of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries 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 de- termined by the Committee on House Oversight of the House of Representatives), unless sanc- tioned by that Committee. Payments on vouch- ers 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 Rep- resentatives’’ 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.) Editorial Notes 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 con- tained in former section 95 of this title prior to amend- ment of that section by Pub. L. 104–186, title I, § 105(c), Aug. 20, 1996, 110 Stat. 1722. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. § 5506. Appropriations for expenses of House; re- strictions Appropriations made for expenses of the House of Representatives shall not be used for the pay- ment of personal services except upon the ex- press and specific authorization of the House in whose behalf such services are rendered. Nor shall such appropriations be used for any ex- penses 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 in- curred 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.) Editorial Notes 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 Ap- propriation Act for the fiscal year 1902, relating to ap- propriations for contingent expenses of House of Rep- resentatives. Provisions of proviso relating to appro- priations for expenses of Senate are classified to sec- tion 6505 of this title. AMENDMENTS 1996—Pub. L. 104–186 substituted ‘‘expenses of the House’’ for ‘‘contingent expenses of the House’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Government Accountability Office’’ substituted in text for ‘‘General Accounting Office’’ pursuant to sec- tion 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. Pre- viously, ‘‘General Accounting Office’’ substituted in text for ‘‘accounting officers of the Treasury’’ pursuant to act June 10, 1921, which transferred powers and du- ties of Comptroller, six auditors, and certain other em- ployees 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