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Salaries of Members of Congress: Recent Actions and Historical Tables

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Order Code 97-1011 Updated November 26, 2008 Salaries of Members of Congress: A List of Payable Rates and Effective Dates, 1789-2008 Ida A. Brudnick Analyst on the Congress Government and Finance Division. Salaries of Members of Congress: Recent Actions and Historical Tables Ida A. Brudnick Analyst on the Congress January 12, 2010 Congressional Research Service 7-5700 www.crs.gov 97-1011 CRS Report for Congress Prepared for Members and Committees of Congress c11173008 . Salaries of Members of Congress: Recent Actions and Historical Tables Summary Congress is required by Article I, Section 6, of the Constitution to determine its own pay. Prior to 1969, Congress did so by enacting stand-alone legislation. From 1789 through 1968, Congress raised its pay 22 times using this procedure. Members were initially paid per diem. The first annual salaries, in 1815, were $1,500. Per diem pay was reinstituted in 1817. Congress returned to annual salaries, at a rate of $3,000, in 1855. By 1968, pay. By 1968, they had risen to $30,000. Stand-alone legislation may still be used to raise Member pay, as it was most recently in 1982, 1983, 1989, and 1991,; but two other methodsincluding an automatic annual adjustment procedure and a commission process — are —are now also available. Under the annual adjustment procedure, Members are scheduled to receive a 2.8% adjustment in January 2009. Members originally were scheduled to receive a 2.7% increase in January 2008. The increase was revised to 2.5%, resulting in a salary in 2008 of $169,300, to match the percent increase in the base pay of General Schedule (GS) employees. By law, Members may not receive an increase greater than the increase in the base pay of GS employees. Congress voted to deny the scheduled January 2007 adjustment. Members previously received a pay increase (1.9%) in January 2006, increasing their salary to the rate of $165,200. Background. There are three basic ways to adjust Member pay.1 Stand-alone legislation has frequently and primarily been used to raise Member pay throughout most of U.S. history, 1789 to the present. However, two other methods are also available. The second method by which Member pay can be increased is pursuant to recommendations from the President, based on those made by a quadrennial salary commission. In 1967, Congress established the Commission on Executive, Legislative, and Judicial Salaries to recommend salary increases for top-level federal officials (P.L. 90-206). Three times (in 1969, 1977, and 1987) Congress received pay increases made under this procedure; on three occasions it did not. Effective with passage of the 1 This report was originally written by Paul E. Dwyer, formerly a Specialist in American National Government at CRS, who has since retired. CRS-2 Ethics Reform Act of 1989 (P.L. 101-194), the commission ceased to exist. Its authority was assumed by the Citizens’ Commission on Public Service and Compensation. Although the first commission under the 1989 Act was to have convened in 1993, it did not meet. The third method by which the salary of Members can be changed is by annual adjustments. Prior to 1990, the pay of Members, and other top-level federal officials, was tied to the annual comparability increases provided to General Schedule (GS) federal employees. This procedure was established in 1975 (P.L. 94-82). Such increases were recommended by the President, subject to congressional acceptance, disapproval, or modification. Congress accepted five such increases for itself — in 1975, 1979 (partial), 1984, 1985, and 1987 — and declined 10 since this method was authorized (1976, 1977, 1978, 1980, 1981, 1982, 1983, 1986, 1988, and 1989). The Ethics Reform Act of 1989 changed the method by which the annual adjustment is determined for Members and other senior officials, based on a formula using changes in private sector wages and salaries as measured by the Employment Cost Index. Under this revised method, annual adjustments were accepted 12 times (those scheduled for January 1991, 1992, 1993, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, and 2008) and denied six times (those scheduled for January 1994, 1995, 1996, 1997, 1999, and 2007).2 The annual adjustment automatically goes into effect unless: (1) Congress statutorily prohibits the adjustment; (2) Congress statutorily revises the adjustment; or (3) the annual base pay3 adjustment of GS employees is established at a rate less than the scheduled increase for Members, in which case Members would be paid the lower rate.4 Projected January 2009 Member Pay Increase of 2.8%. Under the formula established in the Ethics Reform Act, Members may receive a pay adjustment in January 2009 of 2.8%,5 increasing salaries to $174,000. The adjustment will occur unless revised by Congress or reduced to match the base pay increase for General Schedule employees. 2 For additional information on these annual adjustments, including actions to modify or deny the scheduled increases, see CRS Report 97-615, Salaries of Members of Congress: Congressional Votes, 1990-2007, by Ida A. Brudnick. 3 Base pay is the pay rate before locality pay is added. 4 P.L. 103-356, 108 Stat. 3410-33411, October 13, 1994. 5 The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending December 31 for the two preceding years, minus 0.5%. The 2.8% adjustment was determined by taking the percentage increase in the Index between the quarters ending December 2006 and December 2007, which was 3.3%, and subtracting 0.5%. U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index — December 2007 (Washington: January 31, 2008), pp. 2, 15. CRS-3 As noted above, Member pay adjustments may not exceed the annual base pay adjustment of GS employees.6 The two pay adjustments may differ because they are based on changes in different quarters of the Employment Cost Index (ECI) or due to actions of Congress and the President. In some years, including 2008, the percent adjustment for Members has been lowered because of this provision. The 2.8% projected adjustment for Members in 2009, however, is less than the projected base GS adjustment.7 January 2008 Member Pay Increase of 2.5%. Under the annual pay adjustment procedure, Members originally were scheduled to receive a 2.7% increase in January 2008, based upon the formula set forth in the Ethics Reform Act of 1989.8 This increase would have raised their salaries to $169,700. The scheduled Member increase was revised to 2.5%, resulting in a salary in 2008 of $169,300, due to factors related to the increase in the base pay of General Schedule (GS) employees. By law, Members may not receive an increase greater than the increase in the base pay of GS employees. The scheduled January 2008 across-the-board increase in the base pay of GS employees under the annual adjustment formula was 2.5%.9 A scheduled GS annual pay increase may be altered only if the President issues an alternative plan or if Congress legislates a different increase. President Bush did not issue an alternative plan for the annual pay adjustment, although he issued an alternative plan for the locality pay 6 2 U.S.C. 31(2)(B). 7 This projection is based upon a number of events. Under the formula established in the Federal Employees Pay Comparability Act (FEPCA, P.L. 101-509, Nov. 5, 1990, 104 Stat. 1429-1431; 5 U.S.C. 5301-5303), the annual across-the-board pay adjustment in January 2009 was projected to equal 2.9%. This figure, like Member pay, is determined based on changes in the Employment Cost Index (ECI), minus 0.5%. It reflects, however, changes from September 2006 to September 2007, rather than December 2006 to December 2007. Subsequently, Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, enacted on September 30, 2008, provides an overall average pay adjustment of 3.9% for federal civilian employees, including those covered by the General Schedule ( P.L. 110-329, Division A, §142(a), Sept. 30, 2008). The President will allocate this overall average increase between an annual (basic) adjustment and a locality pay adjustment. Although the allocation of the increase is not final until the President’s executive order on pay, which has generally been issued at the end of December each year, the base portion of the pay increase must be at least equal to the 2.9% established under the FEPCA formula because the President did not submit an alternative plan to Congress on the annual adjustment prior to September 1. For additional information on the GS adjustments, see CRS Report RL34463, Federal White-Collar Pay: FY2009 Salary Adjustments, by Barbara Schwemle. 8 The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending December 31 for the two preceding years, minus 0.5%. The 2.7% adjustment was determined by taking the percentage increase in the Index between the quarters ending December 2005 and December 2006, which was 3.2%, and subtracting 0.5%. 9 The annual GS pay adjustment was determined by a formula using the Employment Cost Index (private industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending September 30 for the two preceding years, minus 0.5%. The 2.5% adjustment was determined by taking the percentage increase in the Index between the quarters ending September 2005 and September 2006, which was 3.0%, and subtracting 0.5%. For additional information, see CRS Report RL33732, Federal White-Collar Pay: FY2008 Salary Adjustments, by Barbara Schwemle. CRS-4 adjustment on November 27, 2007, providing a 0.5% adjustment (providing an average 3.0% overall adjustment).10 The Consolidated Appropriations Act, 2008, which was enacted on December 26, 2007, provided a 3.5% average pay adjustment for federal civilian employees. The President issued an executive order allocating this overall percentage between base and locality pay on January 4, 2008.11 Since the annual base portion of the pay adjustment for GS employees is less than the scheduled Member increase, Member pay was adjusted by the lower rate. Table 1 provides a history of the salaries of Members of Congress from 1789 through 2008 in current dollars. For each salary rate, both the effective date and the statutory authority are provided. The salaries shown are the payable salaries, indicating the rate actually paid to Members of Congress. From 1976 to 1983, the salary actually paid to Members was less than the salary to which Members were entitled. The difference arose because Members were entitled to salaries authorized pursuant to the annual pay comparability procedure (P.L. 94-82). However, on several occasions Congress did not appropriate funds to pay any or a portion of the new salary increases authorized by P.L. 94-82. Table 1. Salaries of Members of Congress, 1789-2008 Payable Salary (Current Dollars)a Effective Date Statutory Authority $6 per diemb March 4, 1789 1 Stat. 70-71 (September 22, 1789) March 4, 1795 1 Stat. 70-71 (September 22, 1789) March 3, 1796 1 Stat. 448 (March 10, 1796) December 4, 1815 3 Stat. 257 (March 19, 1816) March 3, 1817 3 Stat. 345 (February 6, 1817) March 3, 1817 3 Stat. 404 (January 22, 1818) $6 per diem (Representatives) $7 per diem (Senators)b $6 per diem (Representatives and Senators)b $1,500 $6 per diem (Representatives) $7 per diem (Senators)b $8 per diem (Representatives and Senators)b $3,000 December 3, 1855 $3,000c December 23, 1857 $5,000 December 4, 1865 11 Stat. 48 (August 16, 1856) 11 Stat. 367 (December 23, 1857) 14 Stat. 323 (July 28, 1866) 10 U.S. President (Bush), “Text of a Letter from the President to the Speaker of the House of Representatives and the President of the Senate,” November 27, 2007. Available at: [http://www.whitehouse.gov/news/releases/2007/10/20071022-10.html], last visited on January 8, 2008. 11 U.S. President (Bush), “Adjustments of Certain Rates of Pay,” Executive Order 13454, issued Jan. 4, 2008, Federal Register, Jan. 8, 2008, vol. 73, pp. 1479-1492. CRS-5 Payable Salary (Current Dollars)a Effective Date $7,500 March 4, 1871 $5,000 January 20, 1874 $7,500 March 4, 1907 $10,000 March 4, 1925 $9,000 July 1, 1932 $8,500 April 1, 1933 $9,000d February 1, 1934 $9,500 July 1, 1934 $10,000 April 4, 1935 $12,500 January 3, 1947 $22,500 March 1, 1955 $30,000 January 3, 1965 $42,500 March 1, 1969 $44,600 October 1, 1975 $57,500 March 1, 1977 $60,662.50 October 1, 1979 $69,800 December 18, 1982 (Representatives) July 1, 1983 (Senators) $72,600 January 1, 1984 $75,100 January 1, 1985 $77,400 January 1, 1987 $89,500 February 4, 1987 e $96,600 (Representatives) $98,400e (Senators) $125,100 (Representatives) $101,900 (Senators) $125,100 (Senators) February 1, 1990 February 1, 1990 January 1, 1991 January 1, 1991 August 14, 1991 Statutory Authority 17 Stat. 486 (March 3, 1873) 18 Stat. 4 (January 20, 1874) 34 Stat. 993 (February 26, 1907) 43 Stat. 1301 (March 4, 1925) 47 Stat. 401 (June 30, 1932) 48 Stat. 14 (March 20, 1933) 48 Stat. 521 (March 28, 1934) 48 Stat. 521 (March 28, 1934) 49 Stat. 24 (February 13, 1935) 60 Stat. 850 (August 2, 1946) 69 Stat. 11 (March 2, 1955) 78 Stat. 415 (August 14, 1964) 81 Stat. 642 (December 16, 1967) 89 Stat. 421 (August 9, 1975) 81 Stat. 642 (December 16, 1967) 89 Stat. 421 (August 9, 1975) 96 Stat. 1914 (December 21, 1982) 97 Stat. 338 (July 30, 1983) 89 Stat. 421 (August 9, 1975) 89 Stat. 421 (August 9, 1975) 89 Stat. 421 (August 9, 1975) 81 Stat. 642 (December 16, 1967) 103 Stat. 1767-1768 (November 30, 1989) 103 Stat. 1767-1768 (November 30, 1989) 103 Stat. 1768-1769 (November 30, 1989) 103 Stat. 1769 (November 30, 1989) 105 Stat. 450 (August 14, 1991) CRS-6 a. b. c. d. e. Payable Salary Effective Date Statutory Authority (Current Dollars)a $129,500 103 Stat.1769 January 1, 1992 (Reps. and Sens.) (November 30, 1989) $133,600 103 Stat. 1769 January 1, 1993 (Reps. and Sens.) (November 30, 1989) $136,700 103 Stat. 1769 January 1, 1998 (Reps. and Sens.) (November 30, 1989) $141,300 103 Stat. 1769 January 1, 2000 (Reps. and Sens.) (November 30, 1989) $145,100 103 Stat. 1769 January 1, 2001 (Reps. and Sens.) (November 30, 1989) $150,000 103 Stat. 1769 January 1, 2002 (Reps. and Sens.) (November 30, 1989) $154,700 103 Stat. 1769 January 1, 2003 (Reps. and Sens.) (November 30, 1989) $158,100 103 Stat. 1769 January 1, 2004 (Reps. and Sens.) (November 30, 1989) 103 Stat. 1769 $162,100 January 1, 2005 (November 30, 1989) (Reps. and Sens.) 103 Stat. 1769 $165,200 January 1, 2006 (November 30, 1989) (Reps. and Sens.) $169,300 103 Stat. 1769 January 1, 2008 (Reps. and Sens.) (November 30, 1989) From 1976 to 1983, the salary actually paid to Members was less than the salary to which Members were entitled. The difference arose because Members were entitled to salaries authorized pursuant to the annual pay comparability procedure (P.L. 94-82). However, on several occasions Congress did not appropriate funds to pay any or part of the new salary increases authorized by P.L. 94-82. Accordingly, the salaries shown in this table are the payable rates, indicating the salaries actually paid to Members of Congress. From 1789 to 1856, Senators and Representatives received a per diem pay rate for their attendance while Congress was in session, except for the period December 1815 — March 1817, when they received $1,500 a year. First established at $6 a day in 1789 for Senators and Representatives, the per diem for Senators was increased to $7 beginning March 4, 1795, pursuant to language in the 1789 act. A March 10, 1796, act returned the per diem for Senators to $6 for each day of attendance while the Senate was in session. Although a law providing for annual salaries was enacted during the 14th Congress, it was repealed on February 6, 1817, and pay reverted to a per diem basis. The per diem rate was raised to $8 in 1818 (retroactive to March 3, 1817) and remained there until 1856, when Members of Congress began to receive annual salaries. A list of all sessions dates and lengths is available at [http://clerk.house.gov/art_history/house_history/Session_Dates/sessionsAll.html]. In 1857, Congress provided for pay at the rate of $250 per month while in session, or a maximum of $3,000 per annum. The act authorized the restoration of pay as of February 1, 1934, and the restoration of pay as of July 1, 1934. The Ethics Reform Act of 1989 (103 Stat. 1767-1768) increased pay for Representatives and Senators at different rates. The pay of Representatives was increased to reflect the previously denied 1989 and 1990 pay adjustments (4.1% and 3.6%), compounded at 7.9%, effective February 1, 1990. The act further provided for a 25% increase in Representatives’ pay, effective January 1, 1991. As a result, the pay of Representatives increased from $89,500 to $96,600 on February 1, 1990, and increased to $125,100 on January 1, 1991. The pay of Senators was increased to reflect the previously denied 1988, 1989, and 1990 comparability pay adjustments (2%, 4.1%, and 3.6%), compounded at 9.9%, effective February 1, 1990. As a result, the pay of Senators increased from $89,500 to $98,400 on February 1, 1990. The Ethics Act did not provide for any other pay increase for Senators, as it did in providing a 25% increase for Representatives. The reason is that Senators elected to deny themselves the 25% increase while retaining the ability to receive honoraria. Subsequently, the Senate voted to increase its pay rate to that of Representatives and to prohibit receipt of honoraria by Senators, effective August 14, 1991. As a result, Senate pay increased from $101,900 to $125,100 per annum.The Ethics Reform Act of 1989 established the current formula for automatic annual adjustments, which is based on changes in private sector wages and salaries as measured by the Employment Cost Index. The adjustment goes into effect automatically unless denied statutorily by Congress, although the percentage may not exceed the percentage base pay increase for General Schedule employees. Under this formula, Members were originally scheduled to receive a pay adjustment in January 2010 of 2.1%. A provision in the FY2009 Omnibus Appropriations Act, however, prohibited the pay adjustment for 2010. Member pay in 2010 remains $174,000, the same salary as 2009. Members previously received a 2.8% adjustment in January 2009, increasing their salary from $169,300. In 2008, Members originally were scheduled to receive a 2.7% pay adjustment. The adjustment was revised downward to 2.5% to match the percent increase in the base pay of General Schedule (GS) employees. By law, the percent adjustment in Member pay may not exceed the percent adjustment in the base pay of GS employees. Congress previously voted to deny the scheduled annual adjustment for 2007. This report contains information on the pay procedure and recent adjustments. It also contains historical information on the rate of pay for Members of Congress since 1789; the adjustments projected by the Ethics Reform Act as compared to actual adjustments in Member pay; details on past legislation enacted with language prohibiting the annual pay adjustment; and Member pay in constant and current dollars since 1992. For additional information on actions taken in Congress since the enactment of the Ethics Reform Act adjustment procedure, see CRS Report 97-615, Salaries of Members of Congress: Congressional Votes, 1990-2009, by Ida A. Brudnick. Congressional Research Service . Salaries of Members of Congress: Recent Actions and Historical Tables Contents Background ................................................................................................................................1 January 2011 Member Pay Projected Adjustment ........................................................................2 January 2010 Member Pay Adjustment Denied............................................................................2 January 2009 Member Pay Adjustment of 2.8% ..........................................................................2 Figures Figure 1. Salary for Members of Congress: Current and Constant Dollars, 1992-2009 .................8 Tables Table 1. Salary Adjustments for Members of Congress Since 1789 ..............................................4 Table 2. Member Pay Projected vs. Actual Adjustments Since 1992.............................................6 Table 3. Legislative Vehicles Used for Previous Pay Prohibitions and Enacted Dates ...................7 Contacts Author Contact Information ........................................................................................................8 Congressional Research Service . Salaries of Members of Congress: Recent Actions and Historical Tables Background There are three basic ways to adjust Member pay.1 Stand-alone legislation has frequently and primarily been used to raise Member pay throughout most of U.S. history, 1789 to the present. However, two other methods are also available. The second method by which Member pay can be increased is pursuant to recommendations from the President, based on those made by a quadrennial salary commission. In 1967, Congress established the Commission on Executive, Legislative, and Judicial Salaries to recommend salary increases for top-level federal officials (P.L. 90-206). Three times (in 1969, 1977, and 1987) Congress received pay increases made under this procedure; on three occasions it did not. Effective with passage of the Ethics Reform Act of 1989 (P.L. 101-194), the commission ceased to exist. Its authority was assumed by the Citizens’ Commission on Public Service and Compensation. Although the first commission under the 1989 Act was to have convened in 1993, it did not meet. The third method by which the salary of Members can be changed is by annual adjustments. Prior to 1990, the pay of Members, and other top-level federal officials, was tied to the annual comparability increases provided to General Schedule (GS) federal employees. This procedure was established in 1975 (P.L. 94-82). Such increases were recommended by the President, subject to congressional acceptance, disapproval, or modification. Congress accepted five such increases for itself—in 1975, 1979 (partial), 1984, 1985, and 1987—and declined 10 since this method was authorized (1976, 1977, 1978, 1980, 1981, 1982, 1983, 1986, 1988, and 1989). The Ethics Reform Act of 1989 changed the method by which the annual adjustment is determined for Members and other senior officials. This procedure employs a formula based on changes in private sector wages and salaries as measured by the Employment Cost Index (ECI). Under this revised method, annual adjustments were accepted 13 times (those scheduled for January 1991, 1992, 1993, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2008, and 2009) and denied seven times (those scheduled for January 1994, 1995, 1996, 1997, 1999, 2007, and 2010).2 Under a provision included in the FY2009 Omnibus Appropriations Act, Members did not receive a pay adjustment in 2010. The annual adjustment automatically goes into effect unless: 1. Congress statutorily prohibits the adjustment; 2. Congress statutorily revises the adjustment; or 3. The annual base pay adjustment of GS employees is established at a rate less than the scheduled adjustment for Members, in which case Members would be paid the lower rate.3 1 This report was originally written by Paul E. Dwyer, formerly a Specialist in American National Government at CRS, who has since retired. 2 For additional information on these annual adjustments, including actions to modify or deny the scheduled increases, see CRS Report 97-615, Salaries of Members of Congress: Congressional Votes, 1990-2009, by Ida A. Brudnick. 3 Base pay is the pay rate before locality pay is added. This limitation was included in P.L. 103-356, 108 Stat. 34103411, October 13, 1994; 2 U.S.C. 31(2)(B). Congressional Research Service 1 . Salaries of Members of Congress: Recent Actions and Historical Tables January 2011 Member Pay Projected Adjustment As stated above, projected Member pay adjustments are calculated based on changes in the Employment Cost Index (ECI). The projected 2011 adjustment for Member pay will be known when the Bureau of Labor Statistics (BLS) releases ECI data for December 2009. According to BLS, this information “is scheduled to be released on Friday, January 29, 2010, at 8:30 a.m. (EST).”4 The actual Member pay adjustment may differ from the projection derived from the ECI formula either due to limitations related to the base pay increase for General Schedule employees or congressional action on Member pay. Member pay adjustments cannot exceed the percent adjustment in GS base pay,5 and stand-alone legislation has been introduced to prevent the scheduled 2011 pay adjustment.6 January 2010 Member Pay Adjustment Denied Under the formula established in the Ethics Reform Act, Members were originally scheduled to receive a pay adjustment in January 2010 of 2.1%.7 This adjustment was denied by Congress through a provision included in the FY2009 Omnibus Appropriations Act. Section 103 of Division J of the act states, “Notwithstanding any provision of section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), the percentage adjustment scheduled to take effect under any such provision in calendar year 2010 shall not take effect.”8 Had Congress not passed legislation prohibiting the Member pay adjustment, the 2.1% projected adjustment would have been downwardly revised automatically to 1.5% to match the 2010 GS base pay adjustment.9 January 2009 Member Pay Adjustment of 2.8% Under the formula established in the Ethics Reform Act, Members received a pay adjustment in January 2009 of 2.8%,10 increasing salaries to $174,000. 4 Available at http://www.bls.gov/news.release/eci.nr0.htm. 2 U.S.C. 31(2)(B). 6 H.R. 4255, 111th Cong., introduced December 9, 2009; and, H.R. 4423, introduced January 12, 2010. 7 The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending December 31 for the two preceding years, minus 0.5%. The 2.1% adjustment was determined by taking the percentage increase in the Index between the quarters ending December 2007 and December 2008, which was 2.6%, and subtracting 0.5%. U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 2008 (Washington: January 31, 2009), pp. 2, 17. 8 P.L. 111-8, March 11, 2009. 9 The 1.5% GS base adjustment was finalized by U.S. President (Obama), “Adjustments of Certain Rates of Pay,” Executive Order 13525, Federal Register, vol. 74, December 23, 2009, pp. 69231- 69242. 10 The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending (continued...) 5 Congressional Research Service 2 . Salaries of Members of Congress: Recent Actions and Historical Tables As noted above, Member pay adjustments may not exceed the annual base pay adjustment of GS employees.11 The two pay adjustments may differ because they are based on changes in different quarters of the Employment Cost Index (ECI) or due to actions of Congress and the President. The 2.8% adjustment for Members, however, was less than the projected 2009 base GS adjustment of 2.9%.12 The GS rate became final on December 18, 2008, when President Bush issued an Executive Order adjusting rates of pay.13 Table 1 provides a history of the salaries of Members of Congress from 1789 through 2009 in current dollars. For each salary rate, both the effective date and the statutory authority are provided. The salaries shown are the payable salaries, indicating the rate actually paid to Members of Congress. From 1976 to 1983, the salary actually paid to Members was less than the salary to which Members were entitled. The difference arose because Members were entitled to salaries authorized pursuant to the annual pay comparability procedure (P.L. 94-82). However, on several occasions Congress did not appropriate funds to pay any or a portion of the new salary increases authorized by P.L. 94-82. Table 2 provides information on pay adjustments for Members since 1992, which was the first full year after the Ethics Reform Act that Representatives and Senators received the same salary. The table provides the projected percentage changes under the formula based on the Employment Cost Index and the actual percentage adjustment. The differences between the projected and actual Member pay adjustments resulted from votes by Congress to prevent the increase (1994, 1995,1996,1997, 1999, 2007, and 2010) and limits on the increase of Member pay due to the percentage increase in GS pay (1994, 1995, 1996, 1998, 1999, 2001, 2003, 2007, 2008, and 2010). In some years, Member pay would have been lowered to match the GS base level if Congress had not passed legislation denying the adjustment (1994, 1995, 1996, 1999, 2007 and 2010). Table 3 lists the laws which have previously prohibited Member pay adjustments, as well as the dates by which the prohibitions have been enacted. Figure 1, which follows, shows the salary of Members of Congress in constant and current dollars since 1992. (...continued) December 31 for the two preceding years, minus 0.5%. The 2.8% adjustment was determined by taking the percentage increase in the Index between the quarters ending December 2006 and December 2007, which was 3.3%, and subtracting 0.5%. U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 2007 (Washington: January 31, 2008), pp. 2, 15. 11 2 U.S.C. 31(2)(B). 12 The base pay projection is based upon a number of events. Under the formula established in the Federal Employees Pay Comparability Act (FEPCA, P.L. 101-509, November 5, 1990, 104 Stat. 1429-1431; 5 U.S.C. 5301-5303), the annual across-the-board pay adjustment in January 2009 was projected to equal 2.9%. This percentage, like that adjusting Member pay, was determined based on changes in the Employment Cost Index (ECI), minus 0.5%. It reflects, however, changes from September 2006 to September 2007, rather than December 2006 to December 2007. Additionally, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, enacted on September 30, 2008, provided an overall average (base and locality) pay adjustment of 3.9% for federal civilian employees, including those covered by the General Schedule ( P.L. 110-329, Division A, §142(a), September 30, 2008). For additional information on the GS adjustments, see CRS Report RL34463, Federal White-Collar Pay: FY2009 Salary Adjustments, by Barbara L. Schwemle. 13 U.S. President (Bush), “Adjustments of Certain Rates of Pay,” Executive Order 13483, Federal Register, vol. 73, December 23, 2008, pp. 78587-78598. Congressional Research Service 3 . Salaries of Members of Congress: Recent Actions and Historical Tables Table 1. Salary Adjustments for Members of Congress Since 1789 Date of Adjustment and Authority Payable Salary (Current Dollars)a Effective Date Statutory Authority $6 per diemb March 4, 1789 1 Stat. 70-71 (September 22, 1789) $6 per diem (Representatives) March 4, 1795 1 Stat. 70-71 (September 22, 1789) March 3, 1796 1 Stat. 448 (March 10, 1796) December 4, 1815 3 Stat. 257 (March 19, 1816) March 3, 1817 3 Stat. 345 (February 6, 1817) March 3, 1817 3 Stat. 404 (January 22, 1818) $3,000 December 3, 1855 11 Stat. 48 (August 16, 1856) $3,000c December 23, 1857 11 Stat. 367 (December 23, 1857) $5,000 December 4, 1865 14 Stat. 323 (July 28, 1866) $7,500 March 4, 1871 17 Stat. 486 (March 3, 1873) $5,000 January 20, 1874 18 Stat. 4 (January 20, 1874) $7,500 March 4, 1907 34 Stat. 993 (February 26, 1907) $10,000 March 4, 1925 43 Stat. 1301 (March 4, 1925) $9,000d July 1, 1932 47 Stat. 401 (June 30, 1932) $8,500 April 1, 1933 48 Stat. 14 (March 20, 1933) $9,000 February 1, 1934 48 Stat. 521 (March 28, 1934) $9,500 July 1, 1934 48 Stat. 521 (March 28, 1934) $10,000 April 4, 1935 49 Stat. 24 (February 13, 1935) $12,500 January 3, 1947 60 Stat. 850 (August 2, 1946) $22,500 March 1, 1955 69 Stat. 11 (March 2, 1955) $30,000 January 3, 1965 78 Stat. 415 (August 14, 1964) $7 per diem (Senators) $6 per diem (Representatives and Senators) $1,500 $6 per diem (Representatives) $7 per diem (Senators) $8 per diem (Representatives and Senators) Congressional Research Service 4 . Salaries of Members of Congress: Recent Actions and Historical Tables Payable Salary (Current Dollars)a Effective Date Statutory Authority $42,500 March 1, 1969 81 Stat. 642 (December 16, 1967) $44,600 October 1, 1975 89 Stat. 421 (August 9, 1975) $57,500 March 1, 1977 81 Stat. 642 (December 16, 1967) October 1, 1979 89 Stat. 421 (August 9, 1975) December 18, 1982 (Representatives) 96 Stat. 1914 (December 21, 1982) July 1, 1983 (Senators) 97 Stat. 338 (July 30, 1983) $72,600 January 1, 1984 89 Stat. 421 (August 9, 1975) $75,100 January 1, 1985 89 Stat. 421 (August 9, 1975) $77,400 January 1, 1987 89 Stat. 421 (August 9, 1975) $89,500 February 4, 1987 81 Stat. 642 (December 16, 1967) $96,600e (Representatives) February 1, 1990 103 Stat. 1767-1768 (November 30, 1989) $98,400 (Senators) February 1, 1990 103 Stat. 1767-1768 (November 30, 1989) $125,100 (Representatives) January 1, 1991 103 Stat. 1768-1769 (November 30, 1989) $101,900 (Senators) January 1, 1991 103 Stat. 1769 (November 30, 1989) $125,100 (Senators) August 14, 1991 105 Stat. 450 (August 14, 1991) $129,500 (Reps. and Sens.) January 1, 1992 103 Stat.1769 (November 30, 1989) $133,600 (Reps. and Sens.) January 1, 1993 103 Stat. 1769 (November 30, 1989) $136,700 (Reps. and Sens.) January 1, 1998 103 Stat. 1769 (November 30, 1989) $141,300 (Reps. and Sens.) January 1, 2000 103 Stat. 1769 (November 30, 1989) $145,100 (Reps. and Sens.) January 1, 2001 103 Stat. 1769 (November 30, 1989) $150,000 (Reps. and Sens.) January 1, 2002 103 Stat. 1769 (November 30, 1989) $154,700 (Reps. and Sens.) January 1, 2003 103 Stat. 1769 (November 30, 1989) $60,662.50 $69,800 Congressional Research Service 5 . Salaries of Members of Congress: Recent Actions and Historical Tables Payable Salary (Current Dollars)a Effective Date Statutory Authority $158,100 (Reps. and Sens.) January 1, 2004 103 Stat. 1769 (November 30, 1989) $162,100 (Reps. and Sens.) January 1, 2005 103 Stat. 1769 (November 30, 1989) $165,200 (Reps. and Sens.) January 1, 2006 103 Stat. 1769 (November 30, 1989) $169,300 (Reps. and Sens.) January 1, 2008 103 Stat. 1769 (November 30, 1989) $174,000 (Reps. and Sens.) January 1, 2009 103 Stat. 1769 (November 30, 1989) Source: Congressional Research Service. a. From 1976 to 1983, the salary actually paid to Members was less than the salary to which Members were entitled. The difference arose because Members were entitled to salaries authorized pursuant to the annual pay comparability procedure (P.L. 94-82). However, on several occasions Congress did not appropriate funds to pay any or part of the new salary increases authorized by P.L. 94-82. Accordingly, the salaries shown in this table are the payable rates, indicating the salaries actually paid to Members of Congress. b. From 1789 to 1856, Senators and Representatives received a per diem pay rate for their attendance while Congress was in session, except for the period December 1815—March 1817, when they received $1,500 a year. First established at $6 a day in 1789 for Senators and Representatives, the per diem for Senators was increased to $7 beginning March 4, 1795, pursuant to language in the 1789 act. A March 10, 1796, act returned the per diem for Senators to $6 for each day of attendance while the Senate was in session. Although a law providing for annual salaries was enacted during the 14th Congress, it was repealed on February 6, 1817, and pay reverted to a per diem basis. The per diem rate was raised to $8 in 1818 (retroactive to March 3, 1817) and remained there until 1856, when Members of Congress began to receive annual salaries. A list of all sessions dates and lengths is available at http://clerk.house.gov/art_history/ house_history/Session_Dates/sessionsAll.html. c. In 1857, Congress provided for pay at the rate of $250 per month while in session, or a maximum of $3,000 per annum. d. The act authorized the restoration of pay as of February 1, 1934, and the restoration of pay as of July 1, 1934. e. The Ethics Reform Act of 1989 (103 Stat. 1767-1768) increased pay for Representatives and Senators at different rates. The pay of Representatives was increased to reflect the previously denied 1989 and 1990 pay adjustments (4.1% and 3.6%), compounded at 7.9%, effective February 1, 1990. The act further provided for a 25% increase in Representatives’ pay, effective January 1, 1991. As a result, the pay of Representatives increased from $89,500 to $96,600 on February 1, 1990, and increased to $125,100 on January 1, 1991. The pay of Senators was increased to reflect the previously denied 1988, 1989, and 1990 comparability pay adjustments (2%, 4.1%, and 3.6%), compounded at 9.9%, effective February 1, 1990. As a result, the pay of Senators increased from $89,500 to $98,400 on February 1, 1990. The Ethics Act did not provide for any other pay increase for Senators, as it did in providing a 25% increase for Representatives. The reason is that Senators elected to deny themselves the 25% increase while retaining the ability to receive honoraria. Subsequently, the Senate voted to increase its pay rate to that of Representatives and to prohibit receipt of honoraria by Senators, effective August 14, 1991. As a result, Senate pay increased from $101,900 to $125,100 per annum. Table 2. Member Pay Projected vs. Actual Adjustments Since 1992 Year Projected Percent Adjustment Under ECI Formulaa Actual Percent Adjustment 1992 3.5% 3.5% Congressional Research Service 6 . Salaries of Members of Congress: Recent Actions and Historical Tables Year Projected Percent Adjustment Under ECI Formulaa Actual Percent Adjustment 1993 3.2% 3.2% 1994 2.1% 0 1995 2.6% 0 1996 2.3% 0 1997 2.3% 0 1998 2.9% 2.3% 1999 3.4% 0 2000 3.4% 3.4% 2001 3.0% 2.7% 2002 3.4% 3.4% 2003 3.3% 3.1% 2004 2.2% 2.2% 2005 2.5% 2.5% 2006 1.9% 1.9% 2007 2.0% 0 2008 2.7% 2.5% 2009 2.8% 2.8% 2010 2.1% 0 Source: Congressional Research Service Notes: a. Projected increase is based on the formula established in the Ethics Reform Act. This is equivalent to the percentage change in the Employment Cost Index (private industry wages and salaries, not seasonally adjusted) reflected in the quarter ending December 31 for the two preceding years, minus 0.5%. Table 3. Legislative Vehicles Used for Previous Pay Prohibitions and Enacted Dates Pay Year Bill Public Law Enacted Date Bill Title 1994 H.R. 920, 103rd Congress P.L. 103-6 March 4, 1993 Emergency Unemployment Compensation Amendments of 1993 1995 H.R. 4539, 103rd Congress P.L. 103-329 September 28, 1994 Treasury, Postal Service and General Government Appropriations Act, 1995 1996 H.R. 2020, 104th Congress P.L. 104-52 November 15, 1995 Treasury, Postal Service, and General Government Appropriations Act, 1996 1997 H.R. 3610, 104th Congress P.L. 104-208 September 30, 1996 Omnibus Consolidated Appropriations Act, 1997 1999 H.R. 4328, 105th Congress P.L. 105-277 October 21, 1998 Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 2007 H.J.Res. 20, 110th Congress P.L. 110-5 February 15, 2007 Revised Continuing Appropriations Resolution, 2007 Congressional Research Service 7 . Salaries of Members of Congress: Recent Actions and Historical Tables Pay Year 2010 Bill H.R. 1105, 111th Congress Public Law P.L. 111-8 Enacted Date March 11, 2009 Bill Title Omnibus Appropriations Act, 2009 Source: Congressional Research Service examination of enacted legislation. Figure 1. Salary for Members of Congress: Current and Constant Dollars, 1992-2009 Note: 1992 was the first full year after the Ethics Reform Act that Representatives and Senators received the same salary. Constant dollars based on Consumer Price Index for All Urban Consumers (CPI-U, Bureau of Labor Statistics, U.S. Department of Labor). 2009 constant dollars are based on the average of the monthly CPI-U data from January-July 2009. This table will be updated to include 2010 when CPI data for 2010 are released. Author Contact Information Ida A. Brudnick Analyst on the Congress ibrudnick@crs.loc.gov, 7-6460 Congressional Research Service 8