2 U.S.C. § 5321 — Employees of Members of House of Rep-

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. Certificate of salary during recess The Clerk of the House of Representatives is authorized and directed to sign, during the re- cess of Congress after the first session and until the first day of the second session, the certifi- cates for the monthly compensation of Members and Delegates in Congress, which certificate shall be in the form in use on August 15, 1876, and shall have the like force and effect as is given to the certificate of the Speaker. (Aug. 15, 1876, ch. 287, § 1, 19 Stat. 145.) Editorial Notes CODIFICATION Section was formerly classified to section 49 of this title prior to editorial reclassification and renumbering as this section. SUBCHAPTER II—EMPLOYEES § 5321. Employees of Members of House of Rep- resentatives (a) In general Under the Members’ Representational Allow- ance, each Member of the House of Representa- tives may employ not more than 18 permanent employees and a total of not more than 4 addi- tional 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 tem- porary employees shall be excluded from the op- eration of the following provisions of title 5: (1) Chapter 84 (relating to the Federal Em- ployees’ 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 Rep- resentatives’’ 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 Mem- ber 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 Rep- resentatives, 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 Rep- resentatives, an individual who is employed for a specific purpose or task and who is em- ployed for not more than 90 days in a 12-month period, except that the term of such employ- ment may be extended with the written ap- proval of the Committee on House Oversight; and (5) the term ‘‘shared employee’’ means an employee who is paid by more than one em- ploying authority of the House of Representa- tives. (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. Page 599 TITLE 2—THE CONGRESS § 5322 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 for- merly 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 intro- ductory 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 Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion 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 sub- section (a) [amending this section] shall apply with re- spect 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 Rep- resentatives, 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 Rep- resentatives 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. § 5322. Lyndon Baines Johnson congressional in- terns (a) Hiring authority of House Members, Dele- gates, and Resident Commissioners; allow- ance for payment of compensation Until otherwise provided by law and notwith- standing any other provision of law, each Mem- ber of, Delegate to, and Resident Commissioner in, the House of Representatives is authorized to hire for two months in any year one additional employee to be known as a Lyndon Baines John- son congressional intern in honor of the former President. Each such intern shall be a student or a teacher and certified as such under subsection (b) of this section. Each such Member, Delegate, or Resident Commissioner shall have available for payment of compensation to such intern a total allowance of $1,000, to be payable to such intern at a rate not to exceed $500 per month, out of the applicable accounts of the House of Representatives. Such intern and such allow- ance shall be in addition to all personnel and al- lowances made available to such Member, Dele- gate, or Resident Commissioner under other pro- visions of law or other authority. (b) Certification of intern status; filing No person shall be paid compensation as a Lyndon Baines Johnson congressional intern who does not have on file with the Chief Admin- istrative Officer of the House of Representa- tives, at all times during the period of his em- ployment as such intern, an appropriate certifi- cate which is applicable to his intern status, as described below: (1) if the intern is a student, a certificate that such intern was during the academic year immediately preceding his employment, a bona fide student at a college, university, or similar institution of higher learning; or (2) if the intern is a teacher, a certificate that such intern was, in the year immediately preceding his employment, a bona fide teacher in government or social studies at a secondary school or a postsecondary school. (c) Regulations by Committee on House Over- sight The Committee on House Oversight shall pre- scribe such regulations as may be necessary to carry out this section. (Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1079; Pub. L. 104–186, title II, § 204(6), (7), Aug. 20, 1996, 110 Stat. 1730.) Editorial Notes CODIFICATION Section was formerly classified to section 60g–2 of this title prior to editorial reclassification and renum- bering as this section. Section is based on section 1 of House Resolution No. 420, Ninety-third Congress, Sept. 18, 1973, which was en- acted into permanent law by Pub. L. 93–245. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–186, § 204(7)(A), sub- stituted ‘‘applicable accounts of the House of Rep- resentatives’’ for ‘‘contingent fund of the House’’. Subsec. (b). Pub. L. 104–186, § 204(6), substituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’. Subsec. (c). Pub. L. 104–186, § 204(7)(B), substituted ‘‘House Oversight’’ for ‘‘House Administration’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. EFFECTIVE DATE Section 3 of House Resolution No. 420, Ninety-third Congress, as enacted into permanent law by Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, provided that: ‘‘The provisions of this resolution [enacting this sec- tion and repealing House Resolution No. 416, Eighty- ninth Congress, formerly classified to section 60g–2 of this title] shall become effective on January 1, 1974.’’