§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 .)

Editorial Notes

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.