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2 U.S.C. § 5321 — Employees of Members of House of Representatives
Federal law — U.S. Code and appendices · legal_authorities
**(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 em
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Source file: Laws/federal/codes/united-states-code/title-2/section-5321-employees-of-members-of-house-of-representatives--be7359bc52.md
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Source location: Title 2, Chapter 53, § 5321; chapter-053-house-of-representatives-members.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the provision of law specified in subsection (b), the Committee on House Oversight of the House of Representatives may, by order of the Committee, fix and adjust the amounts, terms, and conditions of, and other matters relating to, allowances of the House of Representatives within the following categories:
(1) For Members of the House of Representatives, the Members’ Representational Allowance, including all aspects of official mail within the jurisdiction of the Committee under [section 503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section503&num=0&edition=prelim).
(2) For committees, the Speaker, the Majority and Minority Leaders, the Clerk, the Sergeant at Arms, and the Chief Administrative Officer, allowances for official mail (including all aspects of official mail within the jurisdiction of the Committee under [section 503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section503&num=0&edition=prelim)), stationery, and telephone and telegraph and other communications.
**(b) Provision specified** The provision of law referred to in subsection (a) is [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section4314&num=0&edition=prelim).
**(c) “Member of the House of Representatives” defined** As used in this section, the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 92 was editorially reclassified as [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5321&num=0&edition=prelim).
#### Prior Provisions
A prior section 92, acts Jan. 25, 1923, ch. 43, 42 Stat. 1217; July 25, 1939, ch. 352, § 1, 53 Stat. 1080; Aug. 5, 1955, ch. 568, § 11(b), 69 Stat. 509; Aug. 3, 1956, ch. 938, § 1(b), 70 Stat. 990, related to payment of appropriations for clerk hire for Members of House of Representatives, Delegates, and Resident Commissioners, prior to repeal by Pub. L. 104–186, title I, § 104(e)(1), Aug. 20, 1996, 110 Stat. 1721.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of allowance** There is established for the House of Representatives an allowance which shall be available for the compensation of interns who serve in the offices of Members of the House of Representatives.
**(b) Cap on amount available per office** An office of a Member of the House of Representatives may not use more than $20,000 of the allowance under this section during any calendar year.
**(c) Benefit exclusion** [Section 5321(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5321/b&num=0&edition=prelim) shall apply with respect to an intern who is compensated under the allowance under this section in the same manner as such section applies with respect to an intern who is compensated under the Members’ Representational Allowance.
**(d) No effect on payment of interns under Members’ Representational Allowance** Nothing in this section may be construed to affect the use of the Members’ Representational Allowance for the compensation of interns, as provided under [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5321&num=0&edition=prelim).
**(e) Definitions** In this section—
(1) the term “intern” has the meaning given such term in [section 5321(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5321/c/2&num=0&edition=prelim); and
(2) the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.
**(f) Authorization of appropriations** There are authorized to be appropriated to carry out this section $8,800,000 for fiscal year 2019, and such sums as may be necessary for fiscal year 2020 and each succeeding fiscal year.
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Federal law — U.S. Code and appendices · legal_authorities
Page 598
TITLE 2—THE CONGRESS
§ 5309
ployed in his office, whose duty it shall be under
the direction of the Speaker to sign in his name
and for him all certificates required by section
5307 of this title for salary and accounts for
traveling expenses in going to and returning
from Congress of Representatives and Delegates.
(Nov. 12, 1903, P. Res. No. 1, 33 Stat. 1.)
Editorial Notes
REFERENCES IN TEXT
Section 5307 of this title, referred to in text, was in
the original ‘‘section forty-seven of the Revised Stat-
utes’’, which initially enacted part of section 48 of this
title and was subsequently reclassified as section 5307
of this title. See Codification notes under sections 48
and 5307 of this title.
CODIFICATION
Section was formerly classified to section 50 of this
title prior to editorial reclassification and renumbering
as this section.
§ 5309. Disbursement of compensation of House
Members by Chief Administrative Officer
The moneys which have been, or may be, ap-
propriated for the compensation and mileage of
Members and Delegates shall be paid at the
Treasury on requisitions drawn by the Chief Ad-
ministrative Officer of the House of Representa-
tives, and shall be kept, disbursed, and ac-
counted for by him according to law, and he
shall be a disbursing officer, but he shall not be
entitled to any compensation additional to the
salary fixed by law.
(Oct. 1, 1890, ch. 1256, § 3, 26 Stat. 645; Pub. L.
104–186, title II, § 204(25)(B), Aug. 20, 1996, 110
Stat. 1734.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 80 of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1996—Pub. L. 104–186 substituted ‘‘Chief Administra-
tive Officer’’ for ‘‘Sergeant-at-Arms’’.
§ 5310.
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