§ 92. — Employees of Members of House of Representatives.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC92]
TITLE 2--THE CONGRESS
CHAPTER 4--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
Sec. 92. 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, Sec. 104, Aug. 20, 1996, 110 Stat. 1720; Pub.
L. 105-55, title I, Sec. 104(a), Oct. 7, 1997, 111 Stat. 1183; Pub. L.
106-57, title I, Sec. 103(b), Sept. 29, 1999, 113 Stat. 416.)
Codification
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 below.
Prior Provisions
A prior section 92, acts Jan. 25, 1923, ch. 43, 42 Stat. 1217; July
25, 1939, ch. 352, Sec. 1, 53 Stat. 1080; Aug. 5, 1955, ch. 568,
Sec. 11(b), 69 Stat. 509; Aug. 3, 1956, ch. 938, Sec. 1(b), 70 Stat.
990, related to payment of appropriations for clerk hire for Members of
House of Representatives, Delegates, and Resident Commissioners, prior
to repeal by Pub. L. 104-186, title I, Sec. 104(e)(1), Aug. 20, 1996,
110 Stat. 1721.
Amendments
1999--Pub. L. 106-57, Sec. 103(b)(2), struck out ``Clerk hire''
before ``Employees'' in section catchline.
Subsec. (a). Pub. L. 106-57, Sec. 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''.
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 57 of this title.
Effective Date of 1997 Amendment
Section 104(b) of Pub. L. 105-55 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, Sec. 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, Sec. 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, Sec. 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, Sec. 104(e)(3), Aug. 20, 1996, 110 Stat. 1721.
