Last Updated on May 3, 2020 by LawEuro
From Title 2—THE CONGRESS
CHAPTER 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
1996—Pub. 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), “Office of the Attending Physician”, “Allowance for Compensation of Interns in Member Offices”, and “Allowance for Compensation of Interns in House Leadership Offices”.
(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; Pub. L. 116–94, div. E, title I, §§112(b), 113(e), Dec. 20, 2019, 133 Stat. 2759.)
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
2019—Subsec. (c)(2). Pub. L. 116–94, §113(e), substituted “, ‘Allowance for Compensation of Interns in Member Offices’, and ‘Allowance for Compensation of Interns in House Leadership Offices’ ” for “, and ‘Allowance for Compensation of Interns in Member Offices’ “.
Pub. L. 116–94, §112(b), substituted ” ‘Office of the Attending Physician’, and ‘Allowance for Compensation of Interns in Member Offices’ ” for “and ‘Office of the Attending Physician’ “.
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 2019 Amendment
Amendment by section 112(b) of Pub. L. 116–94 effective as if included in the enactment of section 5322a of this title, see section 112(c) of Pub. L. 116–94, set out as a note under section 5322a of this title.
Amendment by section 113(e) of Pub. L. 116–94 applicable with respect to fiscal year 2020 and each succeeding fiscal year, see section 5106(f) of this title.
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.)
§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.
(Pub. L. 116–94, div. E, title I, §116, Dec. 20, 2019, 133 Stat. 2760.)
SUBCHAPTER II—CHAPLAIN
§5521. Compensation of Chaplain of House
The maximum per year gross rate of compensation of the Chaplain of the House of Representatives shall not exceed the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.
(Pub. L. 116–94, div. E, title II, §212(b)(3)(D), Dec. 20, 2019, 133 Stat. 2777.)
Codification
Section is based on section 3 of House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, as enacted by Pub. L. 116–94.
Prior Provisions
A prior section 5521, Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777; Pub. L. 111–145, §3(a)(4), Mar. 4, 2010, 124 Stat. 52; Pub. L. 111–248, §3(b), Sept. 30, 2010, 124 Stat. 2626, related to the per annum gross rate of compensation of the Chaplain of House, prior to repeal by Pub. L. 116–94, div. E, title II, §212(b)(3)(D), Dec. 20, 2019, 133 Stat. 2777. Text was based on section 3 of House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, which was enacted into permanent law by Pub. L. 95–391.
Effective Date
Section effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
SUBCHAPTER III—CHIEF ADMINISTRATIVE OFFICER
§5531. Program to increase employment opportunities in House of Representatives for individuals with disabilities
(a) In general
In order to promote an increase in opportunities for individuals with disabilities to provide services to the House of Representatives, the Chief Administrative Officer of the House of Representatives is authorized to—
(1) enter into 1 or more contracts with nongovernmental entities to provide for the performance of services for offices of the House of Representatives by individuals with disabilities who are employees of, or under contract with, such entities; and
(2) provide reasonable accommodations, including assistive technology devices and assistive technology services, to enable such individuals to perform such services under such contracts.
(b) Elements of program
The Chief Administrative Officer of the House of Representatives, in entering into any contract under subsection (a), shall seek to ensure that—
(1) traditional and nontraditional outreach efforts are used to attract individuals with disabilities for educational benefit and employment opportunities in the House;
(2) the non-governmental entity provides adequate education and training for individuals with disabilities to enhance such employment opportunities; and
(3) efforts are made to educate employing offices in the House about opportunities to employ individuals with disabilities.
(c) Funding
There are authorized to be appropriated from the applicable accounts of the House of Representatives $500,000 to carry out this section for each of the fiscal years 2003 through 2007.
(Pub. L. 108–7, div. H, title I, §106, Feb. 20, 2003, 117 Stat. 354.)
Codification
Section was formerly classified to section 130j of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
§5532. Advance payments
(a) Authorization
For fiscal year 1998 and each succeeding fiscal year, the Chief Administrative Officer of the House of Representatives is authorized to make advance payments under a contract or other agreement to provide a service or deliver an article for the United States Government without regard to the provisions of section 3324 of title 31.
(b) Regulations
An advance payment authorized by subsection (a) shall be made in accordance with regulations issued by the Committee on House Oversight of the House of Representatives.
(c) Effective date
The authority granted by subsection (a) shall not take effect until regulations are issued pursuant to subsection (b).
(Pub. L. 105–55, title I, §108, Oct. 7, 1997, 111 Stat. 1184.)
Codification
Section was formerly classified to section 95c 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.
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.
§5533. House of Representatives Revolving Fund
(a) Establishment
There is established in the House of Representatives a fund to be known as the “House of Representatives Revolving Fund”, consisting of the following amounts:
(1) Amounts appropriated to the Fund.
(2) Amounts donated to the Fund.
(3) Interest on the balance of the Fund.
(b) Expenditures
Amounts in the Fund shall be expended at the direction of the Chief Administrative Officer of the House of Representatives, upon notification provided by the Chief Administrative Officer to the Committee on Appropriations of the House of Representatives, and shall remain available until expended.
(c) Applicability
This section shall apply with respect to fiscal year 2004 and each succeeding fiscal year.
(Pub. L. 108–199, div. H, §156, Jan. 23, 2004, 118 Stat. 450.)
Codification
Section was formerly classified to section 95e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Miscellaneous Appropriations and Offsets Act, 2004, which is division H of the Consolidated Appropriations Act, 2004.
§5534. House revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances
There is established a revolving fund for the purpose of administering the funds appropriated for stationery allowances to each Representative, Delegate, the Resident Commissioner from Puerto Rico; and stationery for use of the committees, departments, and officers of the House. All moneys hereafter received by the stationery room of the House of Representatives from the sale of stationery supplies and other equipment shall be deposited in the revolving fund and shall be available for disbursement from the fund in the same manner as other sums that may be appropriated by the Congress for this purpose. The unexpended balance of all moneys heretofore received by the stationery room of the House of Representatives from the sale of stationery supplies and equipment shall be deposited in the Treasury of the United States to the credit of the fund: Provided, That the unexpended balances in the appropriations “Contingent expenses, House of Representatives, stationery, 1945–1946”; “Contingent expenses, House of Representatives, stationery, 1946”; “Contingent expenses, House of Representatives, stationery, 1947–48”, as of June 30, 1947, shall be transferred to and made available for expenditure out of the fund, together with appropriations herein or hereafter made therefor, to remain available until expended.
(July 17, 1947, ch. 262, 61 Stat. 366.)
Codification
Section was formerly classified to section 46b–1 of this title prior to editorial reclassification and renumbering as this section.
Change of Name
Stationery room of House of Representatives redesignated Office Supply Service.
§5535. Report of disbursements for House of Representatives
(a) In general
Not later than 60 days after the last day of each semiannual period, the Chief Administrative Officer of the House of Representatives shall submit to the House of Representatives, with respect to that period, a detailed, itemized report of the disbursements for the operations of the House of Representatives.
(b) Contents
The report required by subsection (a) shall include—
(1) the name of each person who receives a payment from the House of Representatives;
(2) the quantity and price of any item furnished to the House of Representatives;
(3) a description of any service rendered to the House of Representatives, together with a statement of the time required for the service, and the name, title, and amount paid to each person who renders the service;
(4) a statement of all amounts appropriated to, or received, or expended by the House of Representatives, and any unexpended balances of such amounts;
(5) the information submitted to the Comptroller General under section 3523(a) of title 31; and
(6) such additional information as may be required by regulation of the Committee on House Oversight of the House of Representatives.
(c) Exclusion
Notwithstanding subsection (b), if a voucher is for payment to an individual for attendance as a witness before a committee of the Congress in executive session, the report for the semiannual period in which the appearance occurs shall show only the date of payment, voucher number, and amount paid. Any information excluded from a report under the preceding sentence shall be included in the report for the next period.
(d) House document
Each report under this section shall be printed as a House document.
(e) Conforming provision
The provisions of—
(1) sections 102, 103, and 104 1 of this title; and
(2) section 4108 of this title;
that require submission and printing of statements and reports are not applicable to the House of Representatives.
(f) Effective date
This section shall apply to the semiannual periods of January 1 through June 30 and July 1 through December 31 of each year, beginning with the semiannual period in which this section is enacted.
(Pub. L. 104–186, title I, §106, Aug. 20, 1996, 110 Stat. 1722.)
References in Text
Section 102 of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 104–186, title II, §204(52), Aug. 20, 1996, 110 Stat. 1737.
Sections 103 and 104 of this title, referred to in subsec. (e)(1), were omitted from the Code.
Codification
Section was formerly classified to section 104b 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.
Similar Provisions
Provisions similar to those in this section are contained in section 4108 of this title, but were made inapplicable to the House of Representatives by subsec. (e) of this section.
1 See References in Text note below.
§5536. Office equipment for House Members, officers, and committees
(a) Authority of Chief Administrative Officer
At the request of any Member, officer, or committee of the House of Representatives, or the Resident Commissioner from Puerto Rico, and with the approval of the Committee on House Oversight, but subject to the limitations prescribed by this Act, the Chief Administrative Officer of the House of Representatives shall furnish office equipment for use in the office of that Member, Resident Commissioner, officer, or committee. Office equipment so furnished is limited to equipment of those types and categories which the Committee on House Oversight shall prescribe.
(b) Registration and ownership
Office equipment furnished under this section shall be registered in the office of the Chief Administrative Officer of the House of Representatives and shall remain the property of the House of Representatives.
(c) Payment
The cost of office equipment furnished under this section shall be paid from the applicable accounts of the House of Representatives.
(d) Rules and regulations
The Committee on House Oversight shall prescribe such regulations as it considers necessary to carry out the purposes of this section.
(Pub. L. 91–139, §1, Dec. 5, 1969, 83 Stat. 291; Pub. L. 104–186, title II, §204(59), Aug. 20, 1996, 110 Stat. 1738.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 91–139, Dec. 5, 1969, 83 Stat. 291. For complete classification of this Act to the Code, see Tables.
Codification
Section was formerly classified to section 112e of this title prior to editorial reclassification and renumbering as this section.
Amendments
1996—Subsec. (a). Pub. L. 104–186, §204(59)(A)(i), (B)(i), substituted “House Oversight” for “House Administration” in two places and “Chief Administrative Officer of the House of Representatives shall furnish” for “Clerk of the House shall furnish electrical and mechanical”.
Subsec. (b). Pub. L. 104–186, §204(59)(A)(ii), substituted “Chief Administrative Officer” for “Clerk”.
Subsec. (c). Pub. L. 104–186, §204(59)(B)(ii), substituted “applicable accounts” for “contingent fund”.
Subsec. (d). Pub. L. 104–186, §204(59)(B)(i), (iii), substituted “House Oversight” for “House Administration” and struck out at end “The regulations shall limit, on such basis as the committee considers appropriate, the total value of office equipment, with allowance for equipment depreciation, which may be in use at any one time in the office of a Member or the Resident Commissioner.”
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.
Effective Date
Pub. L. 91–139, §3, Dec. 5, 1969, 83 Stat. 292, provided that: “This Act [enacting this section and provisions set out as a note under former sections 112a to 112d of this title, and repealing sections 112a to 112d of this title] shall become effective at the beginning of the first calendar month which commences on or after the date of enactment of this Act [Dec. 5, 1969].”
§5537. Net Expenses of Equipment Revolving Fund
(a) Establishment
There is hereby established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the Net Expenses of Equipment Revolving Fund (hereafter in this section referred to as the “Revolving Fund”), consisting of funds deposited by the Chief Administrative Officer of the House of Representatives from amounts provided by offices of the House of Representatives to purchase, lease, obtain, and maintain the equipment located in such offices, and amounts provided by Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress) to purchase, lease, obtain, and maintain furniture for their district offices.
(b) Use of funds
Amounts in the Revolving Fund shall be used by the Chief Administrative Officer without fiscal year limitation to purchase, lease, obtain, and maintain equipment for offices of the House of Representatives and furniture for the district offices of Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress).
(c) Treatment
The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.
(d) Applicability to fiscal years
This section shall apply with respect to fiscal year 2003 and each succeeding fiscal year, except that for purposes of making deposits into the Revolving Fund under subsection (a), the Chief Administrative Officer may deposit amounts provided by offices of the House of Representatives during fiscal year 2002 or any succeeding fiscal year.
(e) Applicability to telecommunications equipment
This section shall not apply with respect to any telecommunications equipment which is subject to coverage under section 5538 1 of this title (relating to the Net Expenses of Telecommunications Revolving Fund).
(Pub. L. 108–7, div. H, title I, §102, Feb. 20, 2003, 117 Stat. 353; Pub. L. 108–447, div. G, title I, §102(e), Dec. 8, 2004, 118 Stat. 3174.)
References in Text
Section 5538 of this title, referred to in subsec. (e), was in the original “section 103 of the Legislative Branch Appropriations Act, 2005” and was translated as reading “section 102” of that Act, meaning section 102 of div. G of Pub. L. 108–447, to reflect the probable intent of Congress, because section 103 of div. G of Pub. L. 108–447 does not relate to the Net Expenses of Telecommunications Revolving Fund.
Codification
Section was formerly classified to section 112g of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
Amendments
2004—Subsec. (e). Pub. L. 108–447 added subsec. (e).
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–447 applicable with respect to fiscal year 2005 and each succeeding fiscal year, see section 5538(f) of this title.
1 See References in Text note below.
§5538. Net Expenses of Telecommunications Revolving Fund
(a) Establishment
There is hereby established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the Net Expenses of Telecommunications Revolving Fund (hereafter in this section referred to as the “Revolving Fund”), consisting of funds deposited by the Chief Administrative Officer of the House of Representatives from amounts provided by legislative branch offices to purchase, lease, obtain, and maintain the data and voice telecommunications services and equipment located in such offices.
(b) Use of amounts in Fund
Amounts in the Revolving Fund shall be used by the Chief Administrative Officer without fiscal year limitation to purchase, lease, obtain, and maintain the data and voice telecommunications services and equipment of legislative branch offices.
(c) Transfer authority
The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.
(d), (e) Omitted
(f) Applicability
This section and the amendments made by this section shall apply with respect to fiscal year 2005 and each succeeding fiscal year, except that for purposes of making deposits into the Revolving Fund under subsection (a), the Chief Administrative Officer may deposit amounts provided by legislative branch offices during fiscal year 2004 or any succeeding fiscal year.
(Pub. L. 108–447, div. G, title I, §102, Dec. 8, 2004, 118 Stat. 3174.)
Codification
Section was formerly classified to section 112h of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 102 of div. G of Pub. L. 108–447. Subsecs. (d) and (e) of section 102 of div. G of Pub. L. 108–447 amended sections 5539 and 5537 of this title, respectively.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
§5539. Commissions and charges for public telephone or telecommunications services; deposit of receipts
(a) Authority of Chief Administrative Officer to receive commissions for providing public telephone service in House occupied areas
Effective October 1, 1988, the Chief Administrative Officer of the House of Representatives is authorized to receive commissions for providing public telephone service in space occupied by the United States House of Representatives.
(b) Deposit of receipts; availability for expenditure
Receipts from the commissions and charges set forth in subsection (a) of this section shall be deposited in the United States Treasury for credit to the appropriation for “Salaries and Expenses of the United States House of Representatives”, and shall be available for expenditure upon the approval of the Committee on Appropriations of the House of Representatives.
(Pub. L. 100–458, title III, §306, Oct. 1, 1988, 102 Stat. 2182; Pub. L. 104–186, title II, §204(64), Aug. 20, 1996, 110 Stat. 1739; Pub. L. 108–447, div. G, title I, §102(d), Dec. 8, 2004, 118 Stat. 3174.)
Codification
Section was formerly classified to section 117f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1989.
Amendments
2004—Subsecs. (b), (c). Pub. L. 108–447 redesignated subsec. (c) as (b), substituted “subsection (a)” for “subsections (a) and (b)”, and struck out heading and text of former subsec. (b). Text read as follows: “The Chief Administrative Officer is authorized to receive for deposit, amounts charged to any legislative branch entity, including the Congressional Budget Office and the Architect of the Capitol, for the provision of telephone or telecommunications services, except that no amount charged to the Members’ Representational Allowance shall be deposited in accordance with this section.”
1996—Subsec. (a). Pub. L. 104–186, §204(64)(A), substituted “Chief Administrative Officer” for “Clerk”.
Subsec. (b). Pub. L. 104–186, §204(64)(B), substituted “Chief Administrative Officer” for “Clerk”, struck out “but not limited to Legislative Service Organizations,” after “entity, including”, and substituted “, except that no amount charged to the Members’ Representational Allowance” for “: Provided, That no amounts charged to the official expense allowances of Members of the House”.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–447 applicable with respect to fiscal year 2005 and each succeeding fiscal year, see section 5538(f) of this title.
§5540. Disposal of used or surplus furniture and equipment by Chief Administrative Officer of House; procedure; deposit of receipts
(1) The Chief Administrative Officer of the House of Representatives may dispose of used equipment of the House of Representatives, by trade-in or sale, directly or through the General Services Administration. Any direct disposal under the preceding sentence shall be in accordance with normal business practice and shall be at fair market value. Receipts from disposals under the first sentence of this section (together with receipts from sale of transcripts, waste paper and other items provided by law, and receipts for missing or damaged equipment) shall be deposited in the Treasury for credit to the appropriate account of the House of Representatives, and shall be available for expenditure in accordance with applicable law. For purposes of the previous sentence, in the case of receipts from the sale or disposal of any audio or video transcripts prepared by the House Recording Studio, the “appropriate account of the House of Representatives” shall be the account of the Chief Administrative Officer of the House of Representatives.
(2) If disposal in accordance with paragraph (1) is not feasible because of age, location, condition, or any other relevant factor, the Chief Administrative Officer may donate the equipment to the government of a State, to a local government, or to an organization that is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26. Except as provided in paragraph (3), a donation under this paragraph—
(A) shall be at no cost to the Government; and
(B) may be made only if the used equipment has no recoverable value because disposal in accordance with paragraph (1), under the most favorable terms available to the Government, would result in a loss to the Government.
(3)(A) In the case of computer-related equipment, during fiscal year 1998 the Chief Administrative Officer may donate directly the equipment to a public elementary or secondary school of the District of Columbia without regard to whether the donation meets the requirements of the second sentence of paragraph (2), except that the total number of workstations donated as a result of this paragraph may not exceed 1,000.
(B) In this paragraph—
(i) the term “computer-related equipment” includes desktops, laptops, printers, file servers, and peripherals which are appropriate for use in public school education;
(ii) the terms “public elementary school” and “public secondary school” have the meaning given the terms elementary school and secondary school in section 7801 of title 20; and
(iii) the term “workstation” includes desktops and peripherals, file servers and peripherals, laptops and peripherals, printers and peripherals, and workstations and peripherals.
(C) The Committee on House Oversight shall have authority to issue regulations to carry out this paragraph.
(4) The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this subsection.
(5) As used in this section—
(A) the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and
(B) the term “used equipment” means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Oversight of the House of Representatives may prescribe by regulation.
(Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287; Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101–163, title I, §103(a), Nov. 21, 1989, 103 Stat. 1049; Pub. L. 104–186, title II, §204(63), Aug. 20, 1996, 110 Stat. 1739; Pub. L. 105–55, title I, §106, Oct. 7, 1997, 111 Stat. 1184; Pub. L. 107–68, title I, §114(a), Nov. 12, 2001, 115 Stat. 572; Pub. L. 107–110, title X, §1076(b), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 114–95, title IX, §9215(xx), Dec. 10, 2015, 129 Stat. 2184.)
Codification
Section was formerly classified to section 117e of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 104(a) of title I of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99–500 and 99–591, as amended by Pub. L. 100–71, to be effective as if enacted into law.
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
2015—Par. (3)(B)(ii). Pub. L. 114–95 substituted “given the terms elementary school and secondary school in section 7801” for “given such terms in section 7801”.
2002—Par. (3)(B)(ii). Pub. L. 107–110 substituted “7801” for “8801”.
2001—Par. (1). Pub. L. 107–68, in third sentence, substituted “for credit to the appropriate account of the House of Representatives, and shall be available for expenditure in accordance with applicable law. For purposes of the previous sentence, in the case of receipts from the sale or disposal of any audio or video transcripts prepared by the House Recording Studio, the ‘appropriate account of the House of Representatives’ shall be the account of the Chief Administrative Officer of the House of Representatives” for “for credit to the appropriate account under the appropriation for ‘allowances and expenses’ under the heading ‘Contingent Expenses of the House’, and shall be available for expenditure in accordance with applicable law”.
1997—Par. (2). Pub. L. 105–55, §106(1), substituted “Except as provided in paragraph (3), a donation” for “A donation” in second sentence of introductory provisions.
Pars. (3) to (5). Pub. L. 105–55, §106(2), (3), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
1996—Pars. (1), (2). Pub. L. 104–186, §204(63)(A), substituted “Chief Administrative Officer” for “Clerk”.
Pars. (3), (4)(B). Pub. L. 104–186, §204(63)(B), substituted “House Oversight” for “House Administration”.
1989—Par. (1). Pub. L. 101–163, §103(a)(1), (2), designated existing provisions as par. (1) and struck out at end “As used in this section, the term ‘used equipment’ means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Administration of the House of Representatives may prescribe by regulation.”
Pars. (2) to (4). Pub. L. 101–163, §103(a)(3), added pars. (2) to (4).
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.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
Effective Date of 2001 Amendment
Pub. L. 107–68, title I, §114(b), Nov. 12, 2001, 115 Stat. 572, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2002 and each succeeding fiscal year.”
Effective Date of 1989 Amendment
Pub. L. 101–163, title I, §103(c), Nov. 21, 1989, 103 Stat. 1050, provided that: “The amendments made by subsection (a) [amending this section] and the repeal made by subsection (b) [repealing section 59a of this title] shall take effect on October 1, 1989.”
Effective Date of 1987 Amendment
Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425, provided that the amendment made by Pub. L. 100–71 is effective Oct. 18, 1986.
Effective Date
Section 104(c) of title I of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), as incorporated by reference in Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended by Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425, to be effective as if enacted into law, provided that: “This section and the amendment made by this section [enacting section 5540 of this title and amending section 84b of this title] shall take effect on October 1, 1986.”
Similar Provisions
Provisions similar to those in par. (1) of this section relating to disposition of receipts from sales of copies of transcripts were contained in former section 84b of this title.
§5541. Fees for internal delivery in House of Representatives of nonpostage mail from outside sources
Effective with respect to fiscal years beginning with fiscal year 1995, in the case of mail from outside sources presented to the Chief Administrative Officer of the House of Representatives (other than mail through the Postal Service and mail with postage otherwise paid) for internal delivery in the House of Representatives, the Chief Administrative Officer is authorized to collect fees equal to the applicable postage. Amounts received by the Chief Administrative Officer as fees under the preceding sentence shall be deposited in the Treasury for credit to the account of the Office of the Chief Administrative Officer.
(Pub. L. 104–53, title I, §101, Nov. 19, 1995, 109 Stat. 520; Pub. L. 110–161, div. H, title I, §103(a), Dec. 26, 2007, 121 Stat. 2225.)
Codification
Section was formerly classified to section 117j of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1996, which is title I of the Legislative Branch Appropriations Act, 1996.
Amendments
2007—Pub. L. 110–161 substituted “deposited in the Treasury for credit to the account of the Office of the Chief Administrative Officer” for “deposited in the Treasury as miscellaneous receipts”.
Effective Date of 2007 Amendment
Pub. L. 110–161, div. H, title I, §103(b), Dec. 26, 2007, 121 Stat. 2225, provided that: “The amendments made by this section [amending this section] shall apply with respect to fiscal year 2008 and each succeeding fiscal year.”
§5542. Regulations for safe handling of mail matter
(a) In general
Subject to the approval of the Committee on House Administration, the Chief Administrative Officer of the House of Representatives shall implement regulations under which the Chief Administrative Officer shall be authorized to handle any mail matter delivered by the United States Postal Service or any other carrier to the House of Representatives, or to any other entity with whom the Chief Administrative Officer has entered into an agreement to receive mail matter delivered to the entity, in such manner as the Chief Administrative Officer deems necessary to ensure the safety of any individuals who may come into contact with, or otherwise be exposed to, such mail matter.
(b) Civil or criminal liability
No action taken under the regulations implemented pursuant to this section may serve as a basis for civil or criminal liability of any individual or entity.
(c) Definition
As used in this section, the term “handle” includes but is not limited to collecting, isolating, testing, opening, disposing, and destroying.
(d) Effective date
This section shall apply with respect to fiscal year 2004 and each succeeding fiscal year.
(Pub. L. 108–447, div. G, title I, §108, Dec. 8, 2004, 118 Stat. 3177.)
Codification
Section was formerly classified to section 117j–1 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
§5543. Rebates under Government Travel Charge Card Program
Effective with respect to fiscal years beginning with fiscal year 1995, amounts received by the Chief Administrative Officer of the House of Representatives from the Administrator of General Services for rebates under the Government Travel Charge Card Program shall be deposited in the Treasury as miscellaneous receipts.
(Pub. L. 104–53, title I, §102, Nov. 19, 1995, 109 Stat. 520.)
Codification
Section was formerly classified to section 117k of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1996, which is title I of the Legislative Branch Appropriations Act, 1996.
§5544. Deposit of House Information Resources reimbursements for services
Effective with respect to fiscal year 2003 and each succeeding fiscal year, any amount received by House Information Resources from any office of the House of Representatives as reimbursement for services provided shall be deposited in the Treasury for credit to the account of the Office of the Chief Administrative Officer of the House of Representatives.
(Pub. L. 108–7, div. H, title I, §103, Feb. 20, 2003, 117 Stat. 354.)
Codification
Section was formerly classified to section 117l of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
§5545. House Services Revolving Fund
(a) Establishment of House Services Revolving Fund
There is hereby established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the “House Services Revolving Fund” (hereafter in this section referred to as the “Revolving Fund”), consisting of funds deposited by the Chief Administrative Officer of the House of Representatives from all amounts received by the House of Representatives with respect to the following activities:
(1) The operation of the House Barber Shop.
(2) The operation of the House Beauty Shop.
(3) The operation of the House Restaurant System (including vending operations).
(4) The provision of mail services to entities which are not part of the House of Representatives.
(5) The payment of fees for the use of the exercise facility described in section 103(a).1
(6) The collection of promotional rebates and incentives on credit card purchases, balances, and payments.
(7) The collection of a service fee from vendors of the Master Web Services Agreement or the Technology Services Contract for failure to abide by and maintain House of Representatives security policies.
(b) Use of amounts in Fund
Amounts in the Revolving Funds 2 shall be used for any purpose designated by the Chief Administrative Officer, including purposes relating to energy and water conservation and environmental activities carried out in buildings, facilities, and grounds under the Chief Administrative Officer’s jurisdiction, which is approved by the Committee on Appropriations of the House of Representatives.
(c) Transfer authority
The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.
(d) Termination and transfer of existing funds and accounts
(1) In general
Each fund and account specified in paragraph (2) is hereby terminated, and the balance of each such fund and account is hereby transferred to the Revolving Fund.
(2) Funds and accounts specified
The funds and accounts referred to in paragraph (1) are as follows:
(A) The revolving fund for the House Barber Shop, established by the paragraph under the heading “HOUSE BARBER SHOPS REVOLVING FUND” in the matter relating to the House of Representatives in chapter III of title I of the Supplemental Appropriations Act, 1975 (Public Law 93–554; 88 Stat. 1776).
(B) The revolving funds for the House Beauty Shop, established by the matter under the heading “house beauty shop” in the matter relating to administrative provisions for the House of Representatives in the Legislative Branch Appropriations Act, 1970 (Public Law 91–145; 83 Stat. 347).
(C) The special deposit account established for the House of Representatives Restaurant by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, or any successor fund or account established for the receipt of revenues of the House Restaurant System.
(e) Effective date
This section shall take effect October 1, 2004, and shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
(Pub. L. 108–447, div. G, title I, §105, Dec. 8, 2004, 118 Stat. 3175; Pub. L. 109–13, div. A, title III, §3401(b), May 11, 2005, 119 Stat. 272; Pub. L. 110–161, div. H, title I, §104(a), Dec. 26, 2007, 121 Stat. 2225; Pub. L. 111–8, div. G, title I, §102(b), Mar. 11, 2009, 123 Stat. 817; Pub. L. 115–141, div. I, title I, §118(a), Mar. 23, 2018, 132 Stat. 777.)
References in Text
Section 103(a), referred to in subsec. (a)(5), means section 103(a) of Pub. L. 108–447, div. G, title I, Dec. 8, 2004, 118 Stat. 3174, which is not classified to the Code.
Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in subsec. (d)(2)(C), means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II, §221(3)(B), Aug. 20, 1996, 110 Stat. 1748.
Codification
Section was formerly classified to section 117m of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
Amendments
2018—Subsec. (a)(7). Pub. L. 115–141 added par. (7).
2009—Subsec. (a)(6). Pub. L. 111–8 added par. (6).
2007—Subsec. (b). Pub. L. 110–161 substituted “the Chief Administrative Officer, including purposes relating to energy and water conservation and environmental activities carried out in buildings, facilities, and grounds under the Chief Administrative Officer’s jurisdiction,” for “the Chief Administrative Officer”.
2005—Subsec. (a)(5). Pub. L. 109–13 added par. (5).
Effective Date of 2018 Amendment
Pub. L. 115–141, div. I, title I, §118(b), Mar. 23, 2018, 132 Stat. 777, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Mar. 23, 2018].”
Effective Date of 2009 Amendment
Pub. L. 111–8, div. G, title I, §102(c), Mar. 11, 2009, 123 Stat. 817, 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 2007 Amendment
Pub. L. 110–161, div. H, title I, §104(b), Dec. 26, 2007, 121 Stat. 2225, provided that: “The amendments made by this section [amending this section] shall apply with respect to fiscal year 2008 and each succeeding fiscal year.”
Effective Date of 2005 Amendment
Pub. L. 109–13, div. A, title III, §3401(c), May 11, 2005, 119 Stat. 272, provided that: “The amendments made by this section [amending this section] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2005 [Pub. L. 108–447, div. G].”
Membership in House of Representatives Exercise Facility for Active Duty Armed Forces Members Assigned to Congressional Liaison Office
Pub. L. 111–248, §1, Sept. 30, 2010, 124 Stat. 2625, provided that: “Any active duty member of the Armed Forces who is assigned to a congressional liaison office of the Armed Forces at the House of Representatives may obtain membership in the exercise facility established for employees of the House of Representatives (as described in section 103(a) of the Legislative Branch Appropriations Act, 2005 [118 Stat. 3174]) in the same manner as an employee of the House of Representatives, in accordance with such regulations as the Committee on House Administration may promulgate.”
1 See References in Text note below.
2 So in original. Probably should be “Fund”.
§5546. Support services for House during emergency; memorandum of understanding with an executive agency
(a) Authorization
Notwithstanding any other provision of law—
(1) subject to subsection (b), the Chief Administrative Officer of the House of Representatives and the head of an executive agency (as defined in section 105 of title 5) may enter into a memorandum of understanding under which the agency may provide facilities, equipment, supplies, personnel, and other support services for the use of the House of Representatives during an emergency situation; and
(2) the Chief Administrative Officer and the head of the agency may take any action necessary to carry out the terms of the memorandum of understanding.
(b) Approval of Speaker required
The Chief Administrative Officer of the House of Representatives may not enter into a memorandum of understanding described in subsection (a)(1) without the approval of the Speaker of the House of Representatives.
(c) Applicability
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
(Pub. L. 107–117, div. B, §904, Jan. 10, 2002, 115 Stat. 2318.)
Codification
Section was formerly classified to section 130h of this title prior to editorial reclassification and renumbering as this section.
Section is from the Emergency Supplemental Act, 2002, which is div. B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002.
§5547. Emergency expenditures for meals, refreshments, and other support and maintenance
(a) At any time on or after February 20, 2003, the Chief Administrative Officer of the House of Representatives may incur obligations and make expenditures out of available appropriations for meals, refreshments, and other support and maintenance for Members, officers, and employees of the House of Representatives when, in the judgment of the Chief Administrative Officer, such obligations and expenditures are necessary to respond to emergencies involving the safety of human life or the protection of property.
(b) Nothing in this section may be construed to affect any other authority of the Chief Administrative Officer to incur obligations and make expenditures for the items and services described in subsection (a) for Members, officers, and employees of the House of Representatives.
(Pub. L. 108–7, div. H, title I, §107, Feb. 20, 2003, 117 Stat. 355.)
Codification
Section was formerly classified to section 130k of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
§5548. Payments to ensure continuing availability of goods and services during the coronavirus emergency
(a) Authorization to make payments
Notwithstanding any other provision of law and subject to subsection (b), during an emergency situation, the Chief Administrative Officer of the House of Representatives may make payments under contracts with vendors providing goods and services to the House in amounts and under terms and conditions other than those provided under the contract in order to ensure that those goods and services remain available to the House throughout the duration of the emergency.
(b) Conditions
(1) Approval required
The Chief Administrative Officer may not make payments under the authority of subsection (a) without the approval of the Committee on House Administration of the House of Representatives.
(2) Availability of appropriations
The authority of the Chief Administrative Officer to make payments under the authority of subsection (a) is subject to the availability of appropriations to make such payments.
(c) Applicability
This section shall apply with respect to fiscal year 2020 and each succeeding fiscal year.
(Pub. L. 116–136, div. B, title IX, §19003, Mar. 27, 2020, 134 Stat. 578.)
Codification
Section is from the Emergency Appropriations for Coronavirus Health Response and Agency Operations Act, which is div. B of the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act.
Definition
For definition of “coronavirus”, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.
SUBCHAPTER IV—CLERK
§5561. Reporters for House of Representatives
No person shall be employed as a reporter for the House of Representatives without the approval of the Speaker.
(R.S. §54.)
Codification
Section was formerly classified to section 84a of this title prior to editorial reclassification and renumbering as this section.
R.S. §54 derived from act Apr. 2, 1872, ch. 79, §3, 17 Stat. 47.
§5562. Preservation of reports, statements, or documents filed with Clerk of House
(a) If the Clerk of the House of Representatives is required under any law, rule, or regulation to make available for public inspection a report, statement, or other document filed with the Office of the Clerk, the Clerk shall preserve the report, statement, or document—
(1) for a period of 6 years from the date on which the document is filed; or
(2) if the law, rule, or regulation so provides, the period required under such law, rule, or regulation.
(b) Subsection (a) shall apply with respect to reports, statements, and documents filed before, on, or after December 8, 2004.
(Pub. L. 108–447, div. G, title I, §106, Dec. 8, 2004, 118 Stat. 3176.)
Codification
Section was formerly classified to section 104c of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
§5563. Index to House daily calendar
The index to the daily calendar of business of the House of Representatives shall be printed only on Monday of each week.
(Mar. 1, 1921, ch. 89, §1, 41 Stat. 1181.)
Codification
Section was formerly classified to section 115 of this title prior to editorial reclassification and renumbering as this section.
SUBCHAPTER V—GENERAL COUNSEL
§5571. Office of General Counsel of House; administrative provisions
(a) Compliance with admission requirements
The General Counsel of the House of Representatives and any other counsel in the Office of the General Counsel of the House of Representatives, including any counsel specially retained by the Office of General Counsel, shall be entitled, for the purpose of performing the counsel’s functions, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this subsection shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.
(b) Notification by Attorney General
The Attorney General shall notify the General Counsel of the House of Representatives as required by section 530D of title 28.
(c) General Counsel definition
In this section, the term “General Counsel of the House of Representatives” means—
(1) the head of the Office of General Counsel established and operating under clause 8 of rule II of the Rules of the House of Representatives;
(2) the head of any successor office to the Office of General Counsel which is established after September 29, 1999; and
(3) any other person authorized and directed in accordance with the Rules of the House of Representatives to provide legal assistance and representation to the House in connection with the matters described in this section.
(d) Effective date
The provisions of this section shall become effective beginning with September 29, 1999.
(Pub. L. 106–57, title I, §101, Sept. 29, 1999, 113 Stat. 414; Pub. L. 107–273, div. A, title II, §202(b)(5), Nov. 2, 2002, 116 Stat. 1775; Pub. L. 108–7, div. H, title I, §110(a), Feb. 20, 2003, 117 Stat. 355.)
Codification
Section was formerly classified to section 130f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2000, which is title I of the Legislative Branch Appropriations Act, 2000.
Amendments
2003—Subsec. (b). Pub. L. 108–7 amended Pub. L. 107–273. See 2002 Amendment note below.
2002—Pub. L. 107–273, as amended by Pub. L. 108–7, substituted “as required by section 530D of title 28” for “with respect to any proceeding in which the United States is a party of any determination by the Attorney General or Solicitor General not to appeal any court decision affecting the constitutionality of an Act or joint resolution of Congress within such time as will enable the House to direct the General Counsel to intervene as a party in such proceeding pursuant to applicable rules of the House of Representatives”.
Effective Date of 2003 Amendment
Pub. L. 108–7, div. H, title I, §110(c), Feb. 20, 2003, 117 Stat. 355, provided that: “The amendments made by this section [amending this section and section 288k of this title] shall take effect as if included in the enactment of the 21st Century Department of Justice Appropriations Authorization Act [Pub. L. 107–273].”
SUBCHAPTER VI—INTERPARLIAMENTARY AFFAIRS
§5581. Participation by House in interparliamentary institutions; reception of members of foreign legislative bodies and foreign officials; meetings with Government officials
(a) It is the purpose of this section to enable the House of Representatives more properly to discharge and coordinate its activities and responsibilities in connection with participation in various interparliamentary institutions, to facilitate the interchange and reception in the United States of members of foreign legislative bodies and permanent officials of foreign governments, and to enable the House of Representatives to host meetings with senior United States Government officials and other dignitaries in order to discuss matters relevant to United States relations with other countries.
(b) For payment of expenses incurred in carrying out subsection (a) of this section, there shall be paid out of the applicable accounts of the House of Representatives, until otherwise provided by law, such sums as may be necessary but not to exceed $40,000 in any calendar year. Such payments shall be made on vouchers signed by the chairman of the Committee on Foreign Affairs and approved by the Committee on House Oversight.
(Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777; Pub. L. 103–437, §2(b), Nov. 2, 1994, 108 Stat. 4581; Pub. L. 104–186, title II, §204(72), Aug. 20, 1996, 110 Stat. 1741; Pub. L. 105–275, title I, §102, Oct. 21, 1998, 112 Stat. 2438; Pub. L. 108–83, title I, §103(e), Sept. 30, 2003, 117 Stat. 1017.)
Codification
Section was formerly classified to section 130–1 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 1047, Ninety-fifth Congress, Apr. 4, 1978, which was enacted into permanent law by Pub. L. 95–391.
Amendments
2003—Subsec. (b). Pub. L. 108–83 substituted “$40,000” for “$80,000”.
1998—Subsec. (b). Pub. L. 105–275 substituted “$80,000” for “$55,000”.
1996—Subsec. (b). Pub. L. 104–186 substituted “applicable accounts of the House of Representatives” for “contingent fund of the House” and “House Oversight” for “House Administration”.
1994—Subsec. (b). Pub. L. 103–437 substituted “Committee on Foreign Affairs” for “Committee on International Relations”.
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.
§5582. Office of Interparliamentary Affairs
(a) Establishment
There is hereby established in the House of Representatives an office to be known as the “Office of Interparliamentary Affairs” (hereafter in this section referred to as the “Office”).
(b) Duties
The duties of the Office are as follows:
(1) To receive and respond to inquiries from foreign parliamentarians or foreign legislative bodies regarding official visits to the House of Representatives.
(2) To coordinate official visits to the House of Representatives by parliamentarians, officers, or employees of foreign legislative bodies.
(3) To coordinate with the Sergeant at Arms, the Clerk, and other officers of the House of Representatives in providing services for delegations of Members on official visits to foreign nations.
(4) To carry out other activities to—
(A) discharge and coordinate the activities and responsibilities of the House of Representatives in connection with participation in various interparliamentary exchanges and organizations;
(B) facilitate the interchange and reception in the United States of members of foreign legislative bodies and permanent officials of foreign governments; and
(C) enable the House to host meetings with senior government officials and other dignitaries in order to discuss matters relevant to United States relations with other nations.
(c) Director
(1) Appointment
The Office shall be headed by the Director of Interparliamentary Affairs of the House of Representatives (hereafter in this section referred to as the “Director”), who shall be appointed by the Speaker without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed shall serve at the pleasure of the Speaker.
(2) Compensation
The Director shall be paid at an annual rate determined by the Speaker.
(d) Other staff
(1) In general
With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Director may appoint and set the pay of such other employees as may be necessary to carry out the functions of the Office. Any such appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed may be removed by the Director with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
(2) Compensation
Any employee of the Office appointed under this subsection shall be paid at an annual rate determined by the Director with the approval of the Speaker or in accordance with policies approved by the Speaker.
(e) Omitted
(f) Authorization of appropriations
There are authorized to be appropriated for fiscal year 2003 and each succeeding fiscal year such sums as may be necessary to carry out this section.
(g) Effective date
This section shall take effect on September 30, 2003.
(Pub. L. 108–83, title I, §103, Sept. 30, 2003, 117 Stat. 1016.)
Codification
Section was formerly classified to section 130–2 of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 103 of Pub. L. 108–83. Subsec. (e) of section 103 of Pub. L. 108–83 amended section 5581 of this title.
Section is from the Legislative Branch Appropriations Act, 2004.
SUBCHAPTER VII—MEDIA SERVICES
§5591. Media support services
(a) Support services for presidential nominating conventions
The responsibilities of positions under the House Press Gallery, the House Periodical Press Gallery, and the House Radio and Television Correspondents’ Gallery shall include providing media support services with respect to the presidential nominating conventions of the national committees of political parties.
(b) Agreements with national committees
The Standing Committee of Correspondents may enter into agreements with national committees of political parties under which the committees and persons authorized by the committees may reimburse employees for necessary expenses incurred in carrying out the responsibilities described in subsection (a) and employees may accept such reimbursement.
(c) Terms and conditions
The terms and conditions under which employees exercise responsibilities under subsection (a), and the terms and conditions of any agreement entered into under subsection (b), shall be subject to the approval of the Chief Administrative Officer of the House of Representatives.
(d) Definition
In this section, the terms “national committee” and “political party” have the meaning given such terms in section 30101 of title 52.
(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 130l of this title prior to editorial reclassification and renumbering as this section.
Section is from the Continuing Appropriations Resolution, 2007, which is div. B of Pub. L. 109–289, and is based on section 107 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.
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
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 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
1996—Pub. 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.
SUBCHAPTER IX—CORRECTIONS CALENDAR OFFICE
§5621. Corrections Calendar Office
There is established in the House of Representatives an office to be known as the Corrections Calendar Office, which shall have the responsibility of assisting the Speaker in the management of the Corrections Calendar under the Rules of the House of Representatives. The Office shall have not more than five employees—
(1) who shall be appointed by the Speaker, in consultation with the minority leader; and
(2) whose annual rate of pay shall be established by the Speaker, but may not exceed 75 percent of the maximum annual rate under the general limitation specified by the order of the Speaker in effect under section 4532 of this title.
(Pub. L. 105–55, title I, §101, Oct. 7, 1997, 111 Stat. 1183.)
Codification
Section was formerly classified to section 74d of this title prior to editorial reclassification and renumbering as this section.
Section is based on House Resolution No. 7, One Hundred Fifth Congress, Jan. 7, 1997, which was enacted into permanent law by Pub. L. 105–55.
§5622. Lump sum allowance for Corrections Calendar Office
There shall be a lump sum allowance of $300,000 per fiscal year for the salaries and expenses of the Corrections Calendar Office, established by section 5621 of this title. Such amount shall be allocated between the majority party and the minority party as determined by the Speaker, in consultation with the minority leader.
(Pub. L. 105–55, title I, §101, Oct. 7, 1997, 111 Stat. 1183.)
Codification
Section was formerly classified to section 74d–1 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 130, One Hundred Fifth Congress, Apr. 24, 1997, which was enacted into permanent law by Pub. L. 105–55.
Transfer of Allowance
For transfer of lump sum allowance under this section to Offices of Speaker and Minority Leader, see section 5624 of this title.
§5623. Effective date
The allowance under section 5622 of this title—
(1) shall be available beginning with the month of May 1997;
(2) through the end of September 1997, shall be paid from the applicable accounts of the House of Representatives on a pro rata basis; and
(3) beginning with fiscal year 1998, shall be paid as provided in appropriations Acts.
(Pub. L. 105–55, title I, §101, Oct. 7, 1997, 111 Stat. 1183.)
Codification
Section was formerly classified to section 74d–2 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution No. 130, One Hundred Fifth Congress, Apr. 24, 1997, which was enacted into permanent law by Pub. L. 105–55.
§5624. Transfer of positions in Corrections Calendar Office
(a)(1) Effective October 1, 2003—
(A) 3 of the positions in the Corrections Calendar Office, and the functions associated with such positions, shall be transferred to the Office of the Speaker; and
(B) 2 of the positions in the Corrections Calendar Office, and the functions associated with such positions, shall be transferred to the Office of the Minority Leader.
(2) Notwithstanding any other provision of law, in the case of any individual who is an incumbent of a position transferred under paragraph (1) at the time of the transfer, the total number of days of annual leave and the total number of days of sick leave which were provided by the Corrections Calendar Office to the individual and which remain unused as of the date of the transfer shall remain available for the individual to use after the transfer.
(b) Effective with respect to fiscal year 2004 and each succeeding fiscal year, the lump sum allowance for salaries and expenses of the Corrections Calendar Office provided under House Resolution 130, One Hundred Fifth Congress, agreed to April 24, 1997, as enacted into permanent law by section 101 of the Legislative Branch Appropriations Act, 1998 (2 U.S.C. 74d–1 et seq.) [now 2 U.S.C. 5622 and 5623], is transferred as follows:
(1) 63.5 percent of such allowance shall be transferred to the Office of the Speaker.
(2) 36.5 percent of such allowance shall be transferred to the Office of the Minority Leader.
(Pub. L. 108–83, title I, §106, Sept. 30, 2003, 117 Stat. 1018.)
Codification
Section was formerly classified as a note under section 74d of this title prior to editorial reclassification and renumbering as this section.
- CHAPTER 1—ELECTION OF SENATORS AND REPRESENTATIVES
- CHAPTER 2—ORGANIZATION OF CONGRESS
- CHAPTER 3—COMPENSATION AND ALLOWANCES OF MEMBERS
- CHAPTER 4—OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
- CHAPTER 5—LIBRARY OF CONGRESS
- CHAPTER 6—CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
- CHAPTER 7—CONTESTED ELECTIONS
- CHAPTER 8—FEDERAL CORRUPT PRACTICES
- CHAPTER 8A—REGULATION OF LOBBYING
- CHAPTER 9—OFFICE OF LEGISLATIVE COUNSEL
- CHAPTER 9A—OFFICE OF LAW REVISION COUNSEL
- CHAPTER 9B—LEGISLATIVE CLASSIFICATION OFFICE
- CHAPTER 9C—OFFICE OF PARLIAMENTARIAN OF HOUSE OF REPRESENTATIVES
- CHAPTER 9D—OFFICE OF SENATE LEGAL COUNSEL
- CHAPTER 10—CLASSIFICATION OF EMPLOYEES OF HOUSE OF REPRESENTATIVES
- CHAPTER 10A—PAYROLL ADMINISTRATION IN HOUSE OF REPRESENTATIVES
- CHAPTER 11—CITIZENS’ COMMISSION ON PUBLIC SERVICE AND COMPENSATION
- CHAPTER 12—CONTESTED ELECTIONS
- CHAPTER 13—JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS
- CHAPTER 14—FEDERAL ELECTION CAMPAIGNS
- CHAPTER 15—OFFICE OF TECHNOLOGY ASSESSMENT
- CHAPTER 16—CONGRESSIONAL MAILING STANDARDS
- CHAPTER 17—CONGRESSIONAL BUDGET OFFICE
- CHAPTER 17A—CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
- CHAPTER 17B—IMPOUNDMENT CONTROL
- CHAPTER 18—LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS
- CHAPTER 19—CONGRESSIONAL AWARD PROGRAM
- CHAPTER 19A—JOHN HEINZ COMPETITIVE EXCELLENCE AWARD
- CHAPTER 20—EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS
- CHAPTER 20A—STATUTORY PAY-AS-YOU-GO
- CHAPTER 21—CIVIC ACHIEVEMENT AWARD PROGRAM IN HONOR OF OFFICE OF SPEAKER OF HOUSE OF REPRESENTATIVES
- CHAPTER 22—JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
- CHAPTER 22A—OPEN WORLD LEADERSHIP CENTER
- CHAPTER 22B—HUNGER FELLOWSHIP PROGRAM
- CHAPTER 23—GOVERNMENT EMPLOYEE RIGHTS
- CHAPTER 24—CONGRESSIONAL ACCOUNTABILITY
- CHAPTER 25—UNFUNDED MANDATES REFORM
- CHAPTER 26—DISCLOSURE OF LOBBYING ACTIVITIES
- CHAPTER 27—SOUND RECORDING PRESERVATION BY THE LIBRARY OF CONGRESS
- CHAPTER 28—ARCHITECT OF THE CAPITOL
- CHAPTER 29—CAPITOL POLICE
- CHAPTER 30—OPERATION AND MAINTENANCE OF CAPITOL COMPLEX
- CHAPTER 31—CAPITOL VISITOR CENTER
- CHAPTER 41—CONGRESSIONAL OFFICERS AND ADMINISTRATION
- CHAPTER 43—CONGRESSIONAL COMMITTEES
- CHAPTER 45—CONGRESSIONAL PAY AND BENEFITS
- CHAPTER 47—CONGRESSIONAL ETHICS
- CHAPTER 49—CONGRESSIONAL PAGES
- CHAPTER 51—HOUSE OF REPRESENTATIVES LEADERSHIP
- CHAPTER 53—HOUSE OF REPRESENTATIVES MEMBERS
- CHAPTER 55—HOUSE OF REPRESENTATIVES OFFICERS AND ADMINISTRATION
- CHAPTER 61—SENATE LEADERSHIP
- CHAPTER 63—SENATE MEMBERS
- CHAPTER 65—SENATE OFFICERS AND ADMINISTRATION
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