§5503 — Title 2 The Congress | U.S. Code

Summary

If a person is sued for something they did while serving as an officer of either House of Congress, and the act was part of their official duties or done under a House order, the U.S. attorney for the district where the case is filed must appear for the officer if the officer asks. The eighth section of the Act of July 28, 1866 (and the earlier laws it refers to) applies to moving the case, withholding enforcement, and paying judgments against federal officers. The Attorney General will supervise and direct the defense.

Title 2, §5503

The Congress — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The provisions of section 8 of act

July 28, 1866, ch. 298, 14 Stat. 329, referred to in text, were contained generally in R.S. § 643, which was incorporated in the former Judicial Code, § 33, and was repealed by act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 section 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 Other provisions referred to were contained in R.S. §§ 771, 989, which were also repealed by act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 section 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.

Statutory Notes and Related Subsidiaries

Change of Name

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

§5503 Actions against officers for official acts