CHAPTER 53 - HOUSE OF REPRESENTATIVES MEMBERS

Title 2 > CHAPTER 53

Sections (32)

§ 5301 Representatives’ and Delegates’ salaries payable monthly

Representatives and Delegates-elect to Congress, whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section 26 of this title , may receive their compensation monthly, from the beginning of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker. (R.S. § 38; Mar. 3, 1875, ch. 130, § 1 , 18 Stat. 389 .)

§ 5302 Salaries payable monthly after taking oath

Each Member and Delegate, after he has taken and subscribed the required oath, is entitled to receive his salary at the end of each month. (R.S. § 39.)

§ 5303 End-of-the-month salary payment schedule inapplicable to Senators

Section 5302 of this title shall not be construed as being applicable to a Senator. ( Pub. L. 97–51, § 112(c) , Oct. 1, 1981 , 95 Stat. 963 .)

§ 5304 Salaries of Representatives, Delegates, and Resident Commissioners elected for unexpired terms

The salaries of Representatives in Congress, Delegates from Territories, and Resident Commissioners, elected for unexpired terms, shall commence on the date of their election and not before. ( July 16, 1914, ch. 141, § 1 , 38 Stat. 458 .)

§ 5305 Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner

When any individual who has been elected a Member of, or Resident Commissioner to, the House of Representatives dies after the commencement of the Congress to which he has been elected, any unpaid balance of salary and other sums due such individual shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to the recovery by any other person of amounts so paid: First, to the beneficiary or beneficiaries designated by such individual in writing to receive such unpaid balance and other sums due filed with the Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer prior to such individual’s death; Second, if there be no such beneficiary, to the widow or widower of such individual; Third, if there be no beneficiary or surviving spouse, to the child or children of such individual, and descendants of deceased children, by representation; Fourth, if none of the above, to the parents of such individual, or the survivor of them; Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased individual, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased individual. ( July 2, 1954, ch. 455 , title I, § 105, 68 Stat. 409 ; Pub. L. 86–102 , July 23, 1959 , 73 Stat. 224 ; Pub. L. 104–186, title II, § 203(5) , Aug. 20, 1996 , 110 Stat. 1725 .)

§ 5306 Deductions for absence

The Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives) shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the House, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family. (R.S. § 40; Pub. L. 97–51, § 112(d) , Oct. 1, 1981 , 95 Stat. 963 ; Pub. L. 104–186, title II, § 203(7) , Aug. 20, 1996 , 110 Stat. 1726 ; Pub. L. 109–55, title I, § 5 , Aug. 2, 2005 , 119 Stat. 568 .)

§ 5307 Certification of salary and mileage accounts

Salary and mileage accounts of Representatives and Delegates shall be certified by the Speaker of the House of Representatives; and such certificates shall be conclusive upon all the departments and officers of the Government. (R.S. §§ 47, 48; Pub. L. 108–447, div. G, title I, § 11 , Dec. 8, 2004 , 118 Stat. 3171 .)

§ 5308 Substitute to sign certificates for salary and accounts

The Speaker is authorized to designate from time to time some one from among those appointed by him and appropriated for and employed in his office, whose duty it shall be under the direction of the Speaker to sign in his name and for him all certificates required by section 5307 of this title for salary and accounts for traveling expenses in going to and returning from Congress of Representatives and Delegates. ( Nov. 12, 1903 , P. Res. No. 1, 33 Stat. 1 .)

§ 5309 Disbursement of compensation of House Members by Chief Administrative Officer

The moneys which have been, or may be, appropriated for the compensation and mileage of Members and Delegates shall be paid at the Treasury on requisitions drawn by the Chief Administrative Officer of the House of Representatives, and shall be kept, disbursed, and accounted for by him according to law, and he shall be a disbursing officer, but he shall not be entitled to any compensation additional to the salary fixed by law. ( Oct. 1, 1890, ch. 1256, § 3 , 26 Stat. 645 ; Pub. L. 104–186, title II, § 204(25)(B) , Aug. 20, 1996 , 110 Stat. 1734 .)

§ 5310 Certificate of salary during recess

The Clerk of the House of Representatives is authorized and directed to sign, during the recess of Congress after the first session and until the first day of the second session, the certificates for the monthly compensation of Members and Delegates in Congress, which certificate shall be in the form in use on August 15, 1876 , and shall have the like force and effect as is given to the certificate of the Speaker. ( Aug. 15, 1876, ch. 287, § 1 , 19 Stat. 145 .)

§ 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: Interns. Part-time employees. Shared employees. Temporary employees. 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: Chapter 84 (relating to the Federal Employees’ Retirement System). Chapter 87 (relating to life insurance). Chapter 89 (relating to health insurance).

(c) Definitions As used in this section— the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress; 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; 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; 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 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.

§ 5322 Lyndon Baines Johnson congressional interns

(a) Hiring authority of House Members, Delegates, and Resident Commissioners; allowance for payment of compensation Until otherwise provided by law and notwithstanding any other provision of law, each Member of, Delegate to, and Resident Commissioner in, the House of Representatives is authorized to hire for two months in any year one additional employee to be known as a Lyndon Baines Johnson congressional intern in honor of the former President. Each such intern shall be a student or a teacher and certified as such under subsection (b) of this section. Each such Member, Delegate, or Resident Commissioner shall have available for payment of compensation to such intern a total allowance of $1, 000, t o b e p a y ab l e t os u c hin t er na t a r a t e n o tt oe x cee d$ 500 per month, out of the applicable accounts of the House of Representatives. Such intern and such allowance shall be in addition to all personnel and allowances made available to such Member, Delegate, or Resident Commissioner under other provisions of law or other authority.

(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: 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 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 The Committee on House Oversight shall prescribe such regulations as may be necessary to carry out this section.

§ 5322a Allowance for compensation of interns in member offices

(a) Establishment of allowance There is established for the House of Representatives an allowance which shall be available for the compensation of interns who serve in the offices of Members of the House of Representatives.

(b) Cap on amount available per office An office of a Member of the House of Representatives may not use more than $20,000 of the allowance under this section during any calendar year.

(c) Benefit exclusion Section 5321(b) of this title shall apply with respect to an intern who is compensated under the allowance under this section in the same manner as such section applies with respect to an intern who is compensated under the Members’ Representational Allowance.

(d) No effect on payment of interns under Members’ Representational Allowance Nothing in this section may be construed to affect the use of the Members’ Representational Allowance for the compensation of interns, as provided under section 5321 of this title .

(e) Definitions In this section— the term “intern” has the meaning given such term in section 5321(c)(2) of this title ; and 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 There are authorized to be appropriated to carry out this section $8,800,000 for fiscal year 2019, and such sums as may be necessary for fiscal year 2020 and each succeeding fiscal year.

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

When a Senator 1 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 .)

§ 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 .)

§ 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 .)

§ 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 .)

§ 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.

§ 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 .)

§ 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 .)

§ 5341 Representational allowance for Members of House of Representatives

(a) In general There is established for the House of Representatives a single allowance, to be known as the “Members’ Representational Allowance”, which shall be available to support the conduct of the official and representational duties of a Member or Member-elect of the House of Representatives with respect to the district from which the Member or Member-elect is elected.

(b) Merger The Clerk Hire Allowance, the Official Expenses Allowance, and the Official Mail Allowance, as in effect on the day before September 1, 1995 , are merged into the Members’ Representational Allowance.

(c) “Member of the House of Representatives” defined As used in this section, the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.

(d) Regulations The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section, including regulations establishing under subsection (a) the official and representational duties during a Congress of a Member-elect of the House of Representatives who is not an incumbent Member re-elected to the ensuing Congress.

(e) Effective date This section shall take effect on September 1, 1995 and shall apply with respect to official and representational duties carried out on or after that date.

§ 5342 Reimbursement of transportation expenses for employees in office of House Member

The applicable accounts of the House of Representatives is 1 made available after August 28, 1965 , for reimbursement of transportation expenses incurred by not to exceed two employees in the office of a Member of the House of Representatives (including the Resident Commissioner from Puerto Rico) for one round trip each, or incurred by not to exceed one employee for two round trips, in any calendar year between Washington, District of Columbia, and the place of residence of the Member representing the congressional district involved. Such payment shall be made only upon vouchers approved by the Member containing a certification by him that such travel was performed in line of official duty, but the mileage allowed for any such trip shall not exceed the round trip mileage by the nearest usual route between Washington, District of Columbia, and the Member’s place of residence in the congressional district involved. The Committee on House Oversight of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section. ( Pub. L. 89–147, § 3 , Aug. 28, 1965 , 79 Stat. 583 ; Pub. L. 104–186, title II, § 204(71) , Aug. 20, 1996 , 110 Stat. 1740 .)

§ 5343 Staff expenses for House Members attending organizational caucus or conference

(a) In general Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under section 29a(a) of this title , and each incumbent Member reelected to the ensuing Congress who attends any such caucus or conference convening after the adjournment sine die of the Congress in the year involved, shall be entitled to designate one staff person to be paid for one round trip between that person’s place of residence, provided such place of residence is in the district which the Member-elect or incumbent Member represents, and Washington, District of Columbia, for the purpose of accompanying that Member-elect or incumbent Member to such caucus or conference.

(b) Per diem expenses of staff person Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under such section 29a(a) of this title shall be entitled to designate one staff person who shall in addition be reimbursed on a per diem or other basis for expenses incurred in accompanying the Member-elect at the time of such caucus or conference.

(c) Orientation programs for new Members With the approval of the majority leader (in the case of a Member or Member-elect of the majority party) or the minority leader (in the case of a Member or Member-elect of the minority party), subsections (a) and (b) shall apply with respect to the attendance of a Member or Member-elect at a program conducted by the Committee on House Administration for the orientation of new members 1 in the same manner as such provisions apply to the attendance of the Member or Member-elect at the organizational caucus or conference.

§ 5344 Payments and reimbursements for certain House staff expenses

(a) Payments and reimbursements to staff persons under section 5343 of this title shall be made as provided (with respect to staff) in the regulations prescribed by the Committee on House Oversight with respect to travel and other expenses of staff. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Oversight.

(b) Additional funds, if any, for staff allowances and office space for use by Members-elect (other than an incumbent Member reelected to the ensuing Congress) shall be authorized by the Committee on House Oversight.

§ 5345 Annotated United States Code for Members of House of Representatives to be paid for from Members’ Representational Allowance

(a) In general The Clerk of the House of Representatives shall, at the request of a Member of the House of Representatives, furnish to the Member, for official use only, one set of a privately published annotated version of the United States Code, including supplements and pocket parts. The furnishing of a set of the United States Code under this section shall be in lieu of any distribution under section 212 of title 1 and shall be paid for from the Members’ Representational Allowance.

(b) “Member of the House of Representatives” defined As used in this section, the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.

(c) Regulations The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section.

§ 5346 Transportation of official records and papers to House Member’s district

(a) Payment of reasonable expenses from applicable accounts of House; rules and regulations Effective August 16, 1978 , notwithstanding any provision of law and until otherwise provided by law, the applicable accounts of the House shall be available to pay the reasonable expenses of sending or transporting the official records and papers of any Member of the House of Representatives from the District of Columbia to any location designated by such Member in the district represented by the Member. The Chief Administrative Officer of the House of Representatives is authorized and directed to provide for the most economical means of sending or transporting such documents to insure the orderly and timely delivery to the specified location. The Committee on House Oversight shall have the authority to issue rules and regulations to carry out the provisions of this section.

(b) “Member of the House of Representatives” and “official records and papers” defined As used in this section— the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and the term “official records and papers” means books, records, papers, and official files which could be sent as franked mail.

§ 5347 Delivery of bills and resolutions

(a) None of the funds made available in any fiscal year may be used to deliver a printed copy of a bill, joint resolution, or resolution to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) unless the Member requests a copy.