USC Subchapter I

USC Subchapter I
in effect

2 U.S.C. § 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 HouseIn 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 appointeesAny 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 appointeeAny 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.

2 U.S.C. § 5502 House emergency operations positions

(a) Establishment in certain officesEffective 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) DutiesThe 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 payThe 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 authorityNotwithstanding 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.

2 U.S.C. § 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.

2 U.S.C. § 5504 Officers of Senate

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

2 U.S.C. § 5505 Payments from applicable accounts of House of Representatives

(a) In generalNo 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) DefinitionsAs 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.

2 U.S.C. § 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.

2 U.S.C. § 5507 Transfers of amounts appropriated for House

(a) Transfers among categories of allowances and expensesAmounts 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 activitiesAmounts 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), “Office of the Attending Physician”, “Allowance for Compensation of Interns in Member Offices” 11 So in original. Probably should be followed by a comma. “Allowance for Compensation of Interns in House Appropriations Committee Offices”, “Allowance for Compensation of Interns in House Standing, Special and Select Committee Offices”, “Allowance for Compensation of Interns in House Leadership Offices”, and “House of Representatives Modernization Initiatives Account”. (d) Transfers to Architect of the CapitolAmounts 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 FundAmounts 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 OfficesAmounts 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.

2 U.S.C. § 5508 Account in House of Representatives for Employees’ Compensation Fund

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

2 U.S.C. § 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.

2 U.S.C. § 5510 Providing assistance to House of Representatives in response to cybersecurity events

(a) Provision of assistanceIf 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 generalThe 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 systemsIn 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 SpeakerAfter 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 servicesUpon 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 standardsIn 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 supportNothing 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) DefinitionsIn 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.

2 U.S.C. § 5511 Transfer of funds

(a) Transfer of unexpended appropriations for salaries and expensesNotwithstanding 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 AllowancesSubsection (a) does not apply to amounts appropriated under the heading “House of Representatives, Salaries and Expenses, Members’ Representational Allowances”. (c) NotificationThe 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) ApplicabilityThis section shall apply with respect to amounts appropriated for fiscal year 2018 or any succeeding fiscal year.

2 U.S.C. § 5512 Use of available balances of expired appropriations

(a) Subject to section 5511 of this title, available balances of expired appropriations for the House of Representatives shall be available to the House of Representatives—(1) for the payment of a death gratuity which is specifically appropriated by law and which is made in connection with the death of an employee of the House of Representatives, without regard to the fiscal year in which the payment is made; and (2) for deposit into the account established under section 5508 of this title for 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) This section shall apply with respect to funds appropriated or otherwise made available in fiscal year 2020 and each succeeding fiscal year.

2 U.S.C. § 5513 House of Representatives Modernization Initiatives Account

(a) EstablishmentThere is hereby established in the Treasury of the United States an account for the House of Representatives to be known as the “House of Representatives Modernization Initiatives Account” (hereafter in this section referred to as the “Account”). (b) Use of fundsFunds in the Account shall be used by the House of Representatives to carry out initiatives to modernize the operations of the House, including initiatives to promote administrative efficiencies and expand the use of innovative technologies in offices of the House. (c) Continuing availability of fundsFunds in the Account are available without fiscal year limitation. (d) Omitted (e) Effective dateThis section and the amendments made by this section shall apply with respect to fiscal year 2021 and each succeeding fiscal year.

2 U.S.C. § 5514 Green and Gold Congressional Aide Program

(a) EstablishmentThere is established in the House of Representatives the Green and Gold Congressional Aide Program (hereafter in this section referred to as the “Program”) for veterans and Gold Star Families, under the direction of the Chief Administrative Officer of the House of Representatives, under which an eligible individual may serve a 2-year fellowship in the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or House Officer. (b) PlacementAn individual may serve a fellowship under the Program at the Member’s office in the District of Columbia or the Member’s office in the congressional district the Member represents. Fellows assigned to House Officers may serve where assigned. (c) Exclusion of appointees for purposes of limit on number of employees in Member officesAny individual serving a fellowship under the Program in the office of a Member shall not be included in the determination of the number of employees employed by the Member under section 5321(a) of this title. (d) RegulationsThe Program shall be carried out in accordance with regulations promulgated by the Committee on House Administration. (e) Authorization of appropriationsThere are authorized to be appropriated for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary to carry out the Program. (f) Effective dateThis section shall apply with respect to fiscal year 2022 and each succeeding fiscal year.

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