US Code

Public Law 119-73 (01/23/2026)

2 U.S.C. § 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, § 104110 Stat. 1720Pub. L. 105–55, title I, § 104(a)111 Stat. 1183Pub. L. 106–57, title I, § 103(b)113 Stat. 416(, , ; , , ; , , .)

Editorial Notes

Codification

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

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 (e)(1) of repealed former .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 (e)(2) and (3) of repealed provisions formerly set out as notes under .

Amendments

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

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

Pub. L. 105–551997—Subsec. (c)(2). 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, .

Effective Date of 1999 Amendment

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

Effective Date of 1997 Amendment

Pub. L. 105–55, title I, § 104(b)111 Stat. 1184

“The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal years beginning on or after .”
, , , provided that:

Employment of Permanent Clerks

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to the employment of employees by Members of House of Representatives, Delegates, and Resident Commissioners, was repealed by , , .

Pub. L. 91–145, § 10383 Stat. 359Pub. L. 104–186, title I, § 104(e)(3)110 Stat. 1721House Resolution No. 357, Ninety-first Congress, , as enacted into permanent law by , , , 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 , , .