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Title 2 — The CongressRelease 119-73not60

§5501 Temporary Appointments in Case of Vacancies or Incapacity of House Officers; Compensation

Title 2 › Chapter 55— HOUSE OF REPRESENTATIVES OFFICERS AND ADMINISTRATION › Subchapter I— GENERAL › § 5501

Last updated Apr 3, 2026|Official source

Summary

The Speaker of the House can temporarily appoint someone to act as Clerk, Sergeant at Arms, Chief Administrative Officer, or Chaplain of the House if the job is empty or the person holding it cannot do the work. The temporary person serves until the House picks and qualifies a replacement or until the original officer can work again. The temporary appointee has the same duties, powers, rules, and limits as someone chosen by the House. They get the same pay they would have if the House had picked them, unless they already hold another federal job paid by the United States; in that case they get no extra pay for the temporary role and their regular pay covers all their work.

Full Legal Text

Title 2, §5501

The Congress — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

2 U.S.C. § 5501

Title 2 — The Congress

Last Updated

Apr 3, 2026

Release point: 119-73not60