---
kind: "section"
citation: "2 U.S.C. § 5321"
title: "2"
title_heading: "The Congress"
number: "5321"
heading: "Employees of Members of House of Representatives"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/5321"
units:
  - "Chapter 53 — House of Representatives Members"
  - "Subchapter II — Employees"
---

# §5321. Employees of Members of House of Representatives

- (a) **In general—** Under the [Members](/usc/2/4556.md?p=2)’ Representational Allowance, each [Member](/usc/2/4556.md?p=2) of the House of Representatives may employ not more than 18 permanent [employees](/usc/2/4558.md?p=2) and a total of not more than 4 additional [employees](/usc/2/4558.md?p=2) in the following categories:
  - (1) Interns.
  - (2) Part-time [employees](/usc/2/4558.md?p=2).
  - (3) Shared [employees](/usc/2/4558.md?p=2).
  - (4) Temporary [employees](/usc/2/4558.md?p=2).
  - (5) [Employees](/usc/2/4558.md?p=2) on leave without pay.
- (b) **Benefit exclusion—** For purposes of this section, interns and temporary [employees](/usc/2/4558.md?p=2) shall be excluded from the operation of the following provisions of [title 5](/usc/5.md):
  - (1) Chapter 84 (relating to the Federal [Employees](/usc/2/4558.md?p=2)’ 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](/usc/2/4556.md?p=2) 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](/usc/2/4556.md?p=2) of the House of Representatives, an individual who serves in the office of the [Member](/usc/2/4556.md?p=2) 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](/usc/2/4558.md?p=2)” means, with respect to a [Member](/usc/2/4556.md?p=2) of the House of Representatives, an individual who is employed by the [Member](/usc/2/4556.md?p=2) and whose normally assigned work schedule is not more than the equivalent of 15 full working days per month;
  - (4) the term “temporary [employee](/usc/2/4558.md?p=2)” means, with respect to a [Member](/usc/2/4556.md?p=2) 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](/usc/2/4558.md?p=2)” means an [employee](/usc/2/4558.md?p=2) 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.

## Source credit

(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.)

## Notes

### 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.