§ 5321. Employees of Members of House of Representatives

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   House of Representatives Administrative Reform Technical Corrections Act

   Pub. L. 104–186 title I § 104 · 110 Stat. 1718

   Enacted · 2 U.S.C. § 5321

   Pub. L. 104–186, title I, § 104, Aug. 20, 1996, 110 Stat. 1720

   Source evidence

   Code source credit
   Pub. L. 104–186, title I, § 104, Aug. 20, 1996, 110 Stat. 1720

   Enacted provision · exact public law section
   SEC. 104. CLERK HIRE 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 clerk hire employees and a total of not more than 4 additional clerk hire 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, United States Code: (1) Chapter 84 (relating to the Federal Employees’ Retirement System). (2) Chapter 87 (relating to life insurance). (3) Chapter 89 (relating to health insursance). (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 in the District of Columbia 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. (e) Conforming Amendments.— The following provisions of law are repealed: (1) The first section of the Joint Resolution entitled “Joint resolution providing for pay to clerks to Members of Congress and Delegates”, approved January 25, 1923 (2 U.S.C. 92). (2) House Resolution 359, Ninety-sixth Congress, agreed to July 20, 1979, as enacted into permanent law by the bill H.R. 7593, entitled the “Legislative Branch Appropriation Act, 1981”, as passed by the House of Representatives on July 21, 1980, and enacted into permanent law by section 101(c) of Public Law 96–536 (2 U.S.C. 92 note). (3) The first section of House Resolution 357, Ninety-first Congress, agreed to June 25, 1969, as enacted into permanent law by section 103 of the Legislative Branch Appropriation Act, 1970 (2 U.S.C. 92 note).

2. 1997

   Pub. L. 105–55 title I § 104(a) · 111 Stat. 1177

   Struck · 2 U.S.C. § 5321(c)(2)

   Pub. L. 105–55 struck out “in the District of Columbia” after “office of the Member”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 105–55 struck out “in the District of Columbia” after “office of the Member”.

3. 1999

   Pub. L. 106–57 § 103(b)(2) · 113 Stat. 408

   Struck · 2 U.S.C. § 5321

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

   Source evidence

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

   Effective date note
   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.

4. 1999

   Pub. L. 106–57 § 103(b)(1) · 113 Stat. 408

   Struck · 2 U.S.C. § 5321(a)

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

   Source evidence

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

   Effective date note
   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.

1 of 4 references resolved to an enrolled provision · 3 partial