### §5321. Employees of Members of House of Representatives

#### (a) In general

Under the Members' Representational Allowance, each Member of the House of Representatives may employ not more than 18 permanent employees and a total of not more than 4 additional employees in the following categories:

(1) Interns.

(2) Part-time employees.

(3) Shared employees.

(4) Temporary employees.

(5) Employees on leave without pay.

#### (b) Benefit exclusion

For purposes of this section, interns and temporary employees shall be excluded from the operation of the following provisions of title 5:

(1) Chapter 84 (relating to the Federal Employees' Retirement System).

(2) Chapter 87 (relating to life insurance).

(3) Chapter 89 (relating to health insurance).

#### (c) Definitions

As used in this section—

(1) the term "Member of the House of Representatives" means a Representative in, or a Delegate or Resident Commissioner to, the Congress;

(2) the term "intern" means, with respect to a Member of the House of Representatives, an individual who serves in the office of the Member for not more than 120 days in a 12-month period and whose service is primarily for the educational experience of the individual;

(3) the term "part-time employee" means, with respect to a Member of the House of Representatives, an individual who is employed by the Member and whose normally assigned work schedule is not more than the equivalent of 15 full working days per month;

(4) the term "temporary employee" means, with respect to a Member of the House of Representatives, an individual who is employed for a specific purpose or task and who is employed for not more than 90 days in a 12-month period, except that the term of such employment may be extended with the written approval of the Committee on House Oversight; and

(5) the term "shared employee" means an employee who is paid by more than one employing authority of the House of Representatives.

#### (d) Regulations

The Committee on House Oversight shall have authority to prescribe regulations to carry out this section.

(Pub. L. 104–186, title I, §104, Aug. 20, 1996, 110 Stat. 1720; Pub. L. 105–55, title I, §104(a), Oct. 7, 1997, 111 Stat. 1183; Pub. L. 106–57, title I, §103(b), Sept. 29, 1999, 113 Stat. 416.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 92 of this title prior to editorial reclassification and renumbering as this section.

Section is comprised of section 104 of Pub. L. 104–186. Subsec. (e)(1) of section 104 of Pub. L. 104–186 repealed former section 92 of this title. Subsec. (e)(2) and (3) of section 104 of Pub. L. 104–186 repealed provisions formerly set out as notes under section 92 of this title.

#### Amendments

1999—Pub. L. 106–57, §103(b)(2), struck out "Clerk hire" before "Employees" in section catchline.

Subsec. (a). Pub. L. 106–57, §103(b)(1), struck out "clerk hire" before "employees" in two places in introductory provisions.

1997—Subsec. (c)(2). Pub. L. 105–55 struck out "in the District of Columbia" after "office of the Member".

#### **Statutory Notes and Related Subsidiaries**

#### 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 1999 Amendment

Amendment by Pub. L. 106–57 applicable with respect to the first session of the One Hundred Sixth Congress and each succeeding session of Congress, see section 103(c) of Pub. L. 106–57, set out as a note under section 4313 of this title.

#### Effective Date of 1997 Amendment

Pub. L. 105–55, title I, §104(b), Oct. 7, 1997, 111 Stat. 1184, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal years beginning on or after October 1, 1997."

#### Employment of Permanent Clerks

House Resolution No. 359, Ninety-sixth Congress, July 20, 1979, as enacted into permanent law by H.R. 7593, as passed the House of Representatives on July 21, 1980, and enacted into permanent law by Pub. L. 96–536, §101(c), Dec. 16, 1980, 94 Stat. 3167, which related to the employment of employees by Members of House of Representatives, Delegates, and Resident Commissioners, was repealed by Pub. L. 104–186, title I, §104(e)(2), Aug. 20, 1996, 110 Stat. 1721.

House Resolution No. 357, Ninety-first Congress, June 25, 1969, as enacted into permanent law by Pub. L. 91–145, §103, Dec. 12, 1969, 83 Stat. 359, which increased base Clerk Hire allowance of Members of House of Representatives and Resident Commissioner from Puerto Rico and authorized them to employ one additional clerk each, was repealed by Pub. L. 104–186, title I, §104(e)(3), Aug. 20, 1996, 110 Stat. 1721.