1. U.S. Code
  2. title 2
  3. chapter 53
  4. subchapter II
  5. § 5327

Collapse to view only § 5327. Termination of service of Members of House

§ 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
(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.)

CITE AS: 2 USC 5321

§ 5322. Lyndon Baines Johnson congressional interns
(a) Hiring authority of House Members, Delegates, and Resident Commissioners; allowance for payment of compensation
(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 Administrative Officer of the House of Representatives, at all times during the period of his employment as such intern, an appropriate certificate 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 Oversight
(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.)

CITE AS: 2 USC 5322

§ 5322a. Allowance for compensation of interns in member offices
(a) Establishment of allowance
(b) Cap on amount available per office
(c) Benefit exclusion
(d) No effect on payment of interns under Members’ Representational Allowance
(e) Definitions
In this section—
(1) the term “intern” has the meaning given such term in section 5321(c)(2) of this title; 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
(Pub. L. 115–244, div. B, title I, § 120, Sept. 21, 2018, 132 Stat. 2931; Pub. L. 116–94, div. E, title I, § 112(a), Dec. 20, 2019, 133 Stat. 2759.)

CITE AS: 2 USC 5322a

§ 5323. Pay of clerical assistants as affected by death of Senator or Representative

When a Senator 1

1 See Inapplicability to Employees of Senate note below.
or Member of the House of Representatives or Delegate or Resident Commissioner dies during his term of office the clerical assistants appointed by him, and then borne upon the pay rolls of the Senate or House of Representatives, shall be continued on such pay rolls in their respective positions and be paid for a period not longer than one month: Provided, That this shall not apply to clerical assistants of standing committees of the Senate or House of Representatives, when their service otherwise would continue beyond such period.

(Feb. 23, 1927, ch. 168, § 1, 44 Stat. 1148.)

CITE AS: 2 USC 5323

§ 5324. Pay of clerical assistants as affected by death or resignation of Member of House

Notwithstanding the provisions of section 5323 of this title, in case of the death or resignation of a Member of the House during his term of office, the clerical assistants designated by him and borne upon the clerk hire pay rolls of the House of Representatives on the date of such death or resignation shall be continued upon such pay rolls at their respective salaries until the successor to such Member of the House is elected to fill the vacancy.

(Aug. 21, 1935, ch. 600, § 1, 49 Stat. 679; Apr. 24, 1950, ch. 96, 64 Stat. 82; July 15, 1952, ch. 759, § 1, 66 Stat. 662; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 657.)

CITE AS: 2 USC 5324

§ 5325. Performance of duties by clerical assistants of dead or resigned Member of House

Any clerical assistants who continue on the House pay rolls under the provisions of section 5324 of this title shall, while so continued, perform their duties under the direction of the Clerk of the House, and he is authorized and directed to remove from such pay rolls any such clerks who are not attending to the duties for which their services are continued.

(Aug. 21, 1935, ch. 600, § 2, 49 Stat. 680.)

CITE AS: 2 USC 5325

§ 5326. “Member of the House” defined

As used in section 5324 of this title the phrase “Member of the House” shall mean a Representative, Representative-elect, Delegate, Delegate-elect, Resident Commissioner, or Resident Commissioner-elect.

(Aug. 21, 1935, ch. 600, § 3, 49 Stat. 680.)

CITE AS: 2 USC 5326

§ 5327. Termination of service of Members of House
(a) Until otherwise provided by law, for purposes of sections 5324, 5325, and 5326 of this title, any termination of service during a term of office of a Member of the House that is not described in section 5324 of this title shall be treated as if such termination were described in such section.
(b) The Clerk of the House shall take such action as may be necessary to apply the principles of section 5325 of this title in the carrying out of sections 5327 to 5329 of this title.
(Pub. L. 97–51, § 101(c), Oct. 1, 1981, 95 Stat. 959.)

CITE AS: 2 USC 5327

§ 5328. Authority to prescribe regulations

The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations for the carrying out of sections 5327 to 5329 of this title.

(Pub. L. 97–51, § 101(c), Oct. 1, 1981, 95 Stat. 959; Pub. L. 104–186, title II, § 204(44), Aug. 20, 1996, 110 Stat. 1736.)

CITE AS: 2 USC 5328

§ 5329. Vouchers

Payments under sections 5327 to 5329 of this title shall be made on vouchers approved by the Committee on House Oversight of the House of Representatives and signed by the chairman of such committee.

(Pub. L. 97–51, § 101(c), Oct. 1, 1981, 95 Stat. 959; Pub. L. 104–186, title II, § 204(44), Aug. 20, 1996, 110 Stat. 1736.)

CITE AS: 2 USC 5329