Congressional Salaries and Allowances: In Brief

Congressional Salaries and Allowances Ida A. Brudnick AnalystSpecialist on the Congress October 28, 2009January 4, 2012 Congressional Research Service 7-5700 www.crs.gov RL30064 CRS Report for Congress Prepared for Members and Committees of Congress Congressional Salaries and Allowances Summary This report provides basic information on congressional salaries and allowances. First, the report briefly summarizes the current salary of Members of Congress, limits on their outside earned income and honoraria, and applicable health insurance and retirement benefits. Second, the report provides information on allowances available to Representatives and Senators to support them in their official and representational duties as Members. These allowances cover official office expenses, staff, mail, and other goods and services. Third, the report lists the salaries of congressional officers and officials and salary limits for committee staff. Sources are hearings, reports, debates, and language of regular annual and supplemental legislative branch appropriations acts; the U.S. Code and U.S. Code Annotated Supplements to Title 2; latest Order of the Speaker of the House of Representatives, implementing a pay increase for for House employees, effective January 1, 2009, issued January 9, 2009 (contained in 2 U.S.C. 60a-2a); latest 60a2a); Order of the President pro tempore, implementing a pay increase for Senate employees, effective January 1, 20092010, issued March 12, 2009January 5, 2010 (contained in 2 U.S.C. 60a-1); the Members’ Congressional Handbook (web edition), prepared by the Committee on House Administration, for Members and staff of the U.S. House of Representatives, available at http://cha.house.gov/members_handbook.aspx; the ; the quarterly Statement of Disbursements of the House, compiled by the House Chief Administrative Officer, January 1, 2009, to March 31, 2009 (111th Congress, 1st session, H.Doc. 111-26, part 3 of 3); Officer, available at http://disbursements.house.gov/; the semiannual Report of the Secretary of the Senate, available at http://www.senate.gov/legislative/common/generic/report_secsen.htm; and the Office of Personnel Management for executive level pay rates to which some legislative employees are statutorily linked. Additional information on salaries of Members of Congress may be found in CRS Report 97-615, Salaries of Members of Congress: Congressional Votes, 1990-20092011, by Ida A. Brudnick and CRS Report 97-1011, Salaries of Members of Congress: Payable Rates Since 1789 and Recent Adjustments, coordinated by Ida Recent Actions and Historical Tables, by Ida A. Brudnick. This report will be updated as information is made available. Congressional Research Service Congressional Salaries and Allowances Contents Compensation of Members of Congress and Related Benefits ........................................................ 1 Compensation ............................................................................................................................ 1 Outside Earned Income Limits and Prohibition on Honoraria and Honoraria Limits ......................................................... 1 Tax Deductions..............1 Tax Deductions .....................................................................................................................1 2 Health and Life Insurance Provisions ........................................................................................ 2 Health Insurance .................................................................................................................. 2 Life Insurance...................................................................................................................... 2 Retirement Provisions ............................................................................................................... 2 Personnel, Office Expenses, and Mail Allowances for U.S. Representatives ................................2.. 3 House Allowance System ......................................................................................................2.... 3 Online Publication of Disbursement Records ..................................................................... 3 Personnel Allowance Component of the MRA .......................................................................3 4 Official Office Expenses Allowance Component of the MRA ................................................ 4 Official Mail Allowance (Franking Privilege) Component of the MRA..................................5 6 Other Allowances ...................................................................................................................... 6 Government Publications .................................................................................................... 6 Travel Allowance for Organizational Caucuses or Conferences........................................6. 7 Personnel, Office Expenses, and Mail Allowances for U.S. Senators ............................................. 76 Senators’ Official Personnel and Office Expense Account......................................................6.. 7 Online Publication of Disbursement Records ..................................................................... 8 Official Office Expense Allowance..................................................................................7 Personnel Allowances: ... 8 Administrative and Clerical Assistance and Legislative AssistanceAllowance............................................................. 9 Legislative Assistance Allowance ...............................................................7........................ 9 Official Mail Allowance ........................................................................................................8.... 9 Other Allowances ...................................................................................................................8... 9 Senate Interns ...................................................................................................................... 98 Office Space in States .....................................................................................................8..... 9 Mobile Office Space for Senators .....................................................................................8 10 Furniture and Furnishings in Washington, DC ..................................................................9 10 Furniture and Furnishings in State Offices ........................................................................9 10 Office Equipment in Washington, DC, and State Offices .................................................9 10 Government Publications .................................................................................................. 109 Compensation of Other Congressional Officers and Officials ...................................................... 11 10 House of Representatives ........................................................................................................ 11 Senate . 10 Senate................................................................................................................................. 10.... 11 Compensation of Standing Committee Employees ....................................................................... 1112 House of Representatives ........................................................................................................ 12 Senate ..... 11 Senate................................................................................................................................. 1112 Tables Table 1. Mileage Multiplier for MRA.............................................................................................. 54 Congressional Research Service Congressional Salaries and Allowances Contacts Author Contact Information ....................................................................................................... 11 Acknowledgments .... 12 Acknowledgments ......................................................................................................................... 1112 Congressional Research Service Congressional Salaries and Allowances Compensation of Members of Congress and Related Benefits Compensation Compensation for Representatives and Senators is $174,000 in 2009. Outside Earned Income and Honoraria LimitsSince January 1, 2009, the compensation for most Representatives and Senators has been $174,000. Compensation for the Speaker of the House is $223,500, while the President pro tempore of the Senate and the majority and minority leaders in the House and Senate receive a salary of $193,400. Pay for 2011 and 2012 is frozen at this level pursuant to P.L. 111-165 and P.L. 111-322.1 For additional information, see CRS Report 97-1011, Salaries of Members of Congress: Recent Actions and Historical Tables, by Ida A. Brudnick and CRS Report 97-615, Salaries of Members of Congress: Congressional Votes, 1990-2011, by Ida A. Brudnick. Outside Earned Income Limits and Prohibition on Honoraria Permissible “outside earned income” for Representatives and Senators is limited to 15% of the annual rate of basic pay for level II of the Executive Schedule. 12 Certain types of outside earned income, however, are prohibited. A Member may not receive compensation for affiliating with or being employed by a firm, partnership, association, corporation, or other entity providing professional services involving a fiduciary relationship; allowing his/her name to be used by such a firm, partnership, association, corporation, or other entity; practicing a profession involving a fiduciary relationship; serving as a member or officer of the board of an association, corporation, or other entity; and teaching without prior notification to and approval of the Senate Select Committee on Ethics, in the case of Senators, or the House Committee on Standards of Official Conduct, in the case of Representatives. Representatives and Senators are also prohibited from accepting honoraria. The acceptance of honoraria by Representatives was prohibited effective January 1, 1991.23 The acceptance of honoraria by Senators was prohibited effective August 14, 1991.3 Tax Deductions Members are allowed to deduct, for income tax purposes, living expenses up to $3,000 per annum, while away from their congressional districts or home states.4 1 4 1 P.L. 111-165 prohibited a pay adjustment for Members of Congress for 2011. P.L. 111-322 prohibits “an adjustment required under section 5303, 5304, 5304a, 5318, or 5343(a) of title 5, United States Code” from occurring “during the period beginning on January 1, 2011, and ending on December 31, 2012.” 5 U.S.C. 5318 note references Member pay adjustments under the Ethics Reform Act of 1989 (“Revision In Method By Which Annual Pay Adjustments For Certain Executive, Legislative, And Judicial Positions Are To Be Made”). Additionally, the Ethics Reform Act prevents the Member pay adjustments from exceeding the percentage adjustment under Section 5303 of Title 5 in the rates of pay under the General Schedule. See also “Schedule 6—Vice President and Members of Congress,” Adjustments of Certain Rates of Pay, Executive Order 13594, December 23, 2011, Federal Register, Vol. 76, No. 247 (Washington, GPO: 2011), pp. 80191-80196. 2 For example, the House has defined this in Rule XXV: “the term ‘outside earned income’ means, with respect to a Member, Delegate, Resident Commissioner, officer, or employee of the House, wages, salaries, fees, and other amounts received or to be received as compensation for personal services actually rendered,” with exceptions, including “copyright royalties received from established publishers under usual and customary contractual terms.” 23 This prohibition was included in the Ethics Reform Act of 1989 (P.L. 101-194, Nov.November 30, 1989, 103 Stat. 1776-1778) 17761778) and incorporated into House Rule XXV. See also: U.S. House, Committee on Standards of Official Conduct, House Ethics Manual, 2008 edition, 110th Cong., 2nd sess. (http://ethics.house.gov/Media/PDF/ 2008_House_Ethics_Manual.pdf), p. 189. 3 The Ethics Reform Act (P.L. 101-194, Nov. 30, 1989, 103 Stat. 1782) reduced the limit on honoraria from 40% to 27% of salary beginning in 1990, with further decreases accompanying Senate pay raises. The FY1992 Legislative Branch Appropriations Act (P.L. 102-90, Aug. 14, 1991, 105 Stat. 450-451) subsequently banned honoraria. See also: Senate Rule XXXVI and U.S. Senate, Select Committee on Ethics, Senate Ethics Manual, S.Pub. 108-1, 2003 Edition, 108th Cong., 1st sess. (http://ethics.senate.gov/downloads/pdffiles/manual.pdf), p. 97-101. 4 See CRS Report RL30868, Tax Rules and Rulings Specifically Applicable to Members Of Congress, by John R. Luckey. Congressional Research Service 1 Congressional Salaries and Allowances Health and Life Insurance Provisions Health Insurance Members are eligible to participate in the Federal Employees Health Benefits Program and may select from among several health benefit plans. Participation is on a voluntary, contributory basis. Life Insurance Members are eligible to participate in the Federal Employees Group Life Insurance Program. The amount of coverage for personal insurance is determined by a formula based on the coverage elected.5 Retirement Provisions Various options are available to Members regarding participation in the Civil Service Retirement System and the Federal Employees Retirement System. Participation in Social Security is mandatory for Members.6 (continued...) Congressional Research Service 1 Congressional Salaries and Allowances Tax Deductions Members are allowed to deduct, for income tax purposes, living expenses up to $3,000 per annum, while away from their congressional districts or home states.5 Health and Life Insurance Provisions Health Insurance Members are eligible to participate in the Federal Employees Health Benefits Program and may select from among several health benefit plans. Participation is on a voluntary, contributory basis.6 Life Insurance Members are eligible to participate in the Federal Employees Group Life Insurance Program. The amount of coverage for personal insurance is determined by a formula based on the coverage elected.7 Retirement Provisions Various options are available to Members regarding participation in the Civil Service Retirement System and the Federal Employees Retirement System. Benefits vary depending on retirement plan, age, and length of service. Participation in Social Security is mandatory for Members.8 (...continued) House Ethics Manual, 2008 edition, 110th Cong., 2nd sess. (http://ethics.house.gov/), p. 189. 4 The Ethics Reform Act (P.L. 101-194, November 30, 1989, 103 Stat. 1782) reduced the limit on honoraria from 40% to 27% of salary beginning in 1990, with further decreases set to accompany Senate pay raises. The FY1992 Legislative Branch Appropriations Act (P.L. 102-90, August 14, 1991, 105 Stat. 450-451) subsequently banned honoraria. See also: Senate Rule XXXVI and U.S. Senate, Select Committee on Ethics, Senate Ethics Manual, S.Pub. 108-1, 2003 Edition, 108th Cong., 1st sess. (http://ethics.senate.gov/downloads/pdffiles/manual.pdf), p. 97-101. 5 See CRS Report RL30868, Tax Rules and Rulings Specifically Applicable to Members Of Congress, by John R. Luckey. 6 See CRS Report RS21982, Health Benefits for Members of Congress, by Barbara English. 7 For additional information, see http://www.opm.gov/insure/life/index.asp. 8 See CRS Report RL30631, Retirement Benefits for Members of Congress, by Katelin P. Isaacs. Congressional Research Service 2 Congressional Salaries and Allowances Personnel, Office Expenses, and Mail Allowances for U.S. Representatives House Allowance System Representatives have one allowance available to support them in their official and representational duties to the districts from which they were elected. This allowance is the Members’ representational allowance (MRA).9 The MRA is calculated based on three components, including personnel, official office expenses, and official (franked) mail. The personnel allowance component is the same for each Member. The office expenses and mail allowances components vary from Member to Member due to variations in the distance between a Member’s district and Washington, DC, for the mileage allowance, cost of office space in his or her district for the space allowance, and number of non-business addresses in his or her district for the mail allowance. The three components result in a single MRA authorization for each Representative that can be used to pay for any of the official expenses. In calendar year 2009, the Members’ representational allowances range from $1,391,370 to $1,722,242, with an average MRA of $1,484,174.7 Allowances are authorized from January 3 of each year through January 2 of the following year. 5 For additional information, see http://www.opm.gov/insure/life/index.asp. See CRS Report RL30631, Retirement Benefits for Members of Congress, by Patrick Purcell. 7 U.S. Congress, House, Statement of Disbursements of the House, as compiled by the Chief Administrative Officer, from January 1, 2009, to March 31, 2009, part 3 of 3, H.Doc. 111-26, 111th Cong., 2nd sess. (Washington: GPO, 2009), (continued...) 6 Congressional Research Service 2 Congressional Salaries and Allowances These allowances are authorized in statute and are regulated and adjusted by the Committee on House Administration. Funding is provided under a single appropriations heading, “Members’ Representational Allowances,” within the House account “Salaries and Expenses.” year through January 2 of the following year. These allowances are authorized in statute and are regulated and adjusted by the Committee on House Administration. Funding is provided under a single appropriations heading, “Members’ Representational Allowances,” within the House account “Salaries and Expenses.” On January 6, 2011, the House agreed to H.Res. 22, which reduced each Member’s authorized level for 2011 and 2012 by 5% from the 2010 level. The 2011 allowances range from $1,356,975 to $1,671,596, with an average MRA of $1,446,009.10 Online Publication of Disbursement Records All personnel, office, and official mail expenses reimbursed to or on behalf of a Member are reported in the quarterly Statement of Disbursements of the House. On June 3, 2009, the then-Speaker of the House Nancy Pelosi directed the Chief Administrative Officer (CAO) to begin publishing the Statements online. 811 A “Dear Colleague” letter issued on June 26, 2009, by Daniel P. Beard, the Chief then-Chief Administrative Officer of the House of Representatives, discussed “several technical requirements” involved in the online transition—including the ability of the House to handle the increased server demand and additional support for Member offices in understanding the statements—and indicated that the first online statement willwould include expenses from the period of of July 1, 2009, through September 30, 2009.9 A subsequent12 Another “Dear Colleague” issued by the CAO indicated that the disbursements will “be posted to House.gov as of November 30, 2009.”10 Personnel Allowance Component of the MRA In 2009, the personnel allowance component of the MRA is $922,350 9 See CRS Report R40962, Members’ Representational Allowance: History and Usage, by Ida A. Brudnick. U.S. Congress, House, Statement of Disbursements of the House, as compiled by the Chief Administrative Officer, from January 1, 2011, to March 31, 2011, part 3 of 3, H.Doc. 112-15, 112th Congress, 1st session (Washington: GPO, 2011), p. 3211. Data are inclusive of voting Members only and are based on CRS calculations. 11 Letter from Speaker Pelosi to Chief Administrative Office Dan Beard, June 3, 2009, available from the author. 12 “Dear Colleague,” Daniel P. Beard, Chief Administrative Officer, June 26, 2009. 10 Congressional Research Service 3 Congressional Salaries and Allowances indicated that the disbursements would “be posted to House.gov as of November 30, 2009.”13 Statements published since then are available at http://disbursements.house.gov/. Personnel Allowance Component of the MRA The Statement of Disbursements of the House for January through March 2011, states that in accordance with H.Res. 22, the “total amount of each Member’s 2011 Representational Allowance is 95% of the amount authorized in 2010.”14 The Statement also provides the formula for determining each Member’s 2010 MRA. In 2010, the personnel allowance component of the MRA was $944,671 for each Member. The MRA is available for employment of staff in a Representative’s Washington, DC, and district offices. Each Member may employ no more than 18 permanent employees. As many as four additional employees may be designated by the Member, but need not be counted as permanent employees, if they fall into one of the following categories:15 (1) part-time employees; (2) employees drawing compensation from more than one employing authority of the House; (3) interns receiving pay; (4) employees on leave without pay; and (5) temporary employees. Pursuant to a Pay Order issued forin 2009, employees’ salaries in Member offices are set at annual rates of not more than $168,411.11 (...continued) pp. 3468-3481. Data is inclusive of voting Members only and is based on CRS calculations. 8 Letter from Speaker Pelosi to Chief Administrative Office Dan Beard, June 3, 2009, available at http://www.speaker.gov/blog/?p=1814. 9 “Dear Colleague,” Daniel P. Beard, Chief Administrative Officer, June 26, 2009. 10 “Dear Colleague,” Daniel P. Beard, Chief Administrative Officer, Oct. 5, 2009. 1116 Official Office Expenses Allowance Component of the MRA The MRA also is available to pay ordinary and necessary business expenses incurred in support of official and representational duties to the district from which a Member has been elected. The official office expenses allowance component of the MRA varies for each Member. A base allowance of $256,574 was authorized for each Member in 2010.17 As stated above, the 2011 Statement of Disbursements of the House provides the 2010 MRA formula and states that the 2011 level is 95% of the 2010 total. 13 “Dear Colleague,” Daniel P. Beard, Chief Administrative Officer, October 5, 2009. Ibid., p. 3211. 15 2 U.S.C. 92. The 18-person limit first became effective in 1975 (Committee Order No. 16, Congressional Record, March 6, 1975, p. 5556), while the four additional other-than-permanent staff were authorized in 1979 (H.Res. 359, agreed to on July 20, 1979, and enacted into permanent law by P.L. 96-536, Section 101(c), December 16, 1980, 94 Stat. 3167). See also P.L. 104-186, 110 Stat 1720, August 20, 1996. 16 Source is U.S. Congress, House, Order of the Speaker of the House of Representatives, implementing a pay increase for House employees, effective January 9, 2009, issued January 9, 2009 (contained in 2 U.S.C. 60a-2a; http://uscode.house.gov). Congressional Research Service 3 Congressional Salaries and Allowances Official Office Expenses Allowance Component of the MRA The MRA also is available to pay ordinary and necessary business expenses incurred in support of official and representational duties to the district from which a Member has been elected. The official office expenses allowance component of the MRA varies for each Member. A base allowance of $250,512 was authorized for each Member in 2009.12 Members of Congress did not receive a pay adjustment in 2010, and the maximum salary for staff in a Member office remained unchanged. 14 Congressional Research Service 4 Congressional Salaries and Allowances There are two additional factors in this component, including: 1. a sum for travel based on the following formula: 64 times the rate per mile (see Table 1 below) multiplied by the mileage between Washington, DC, and the furthest point in a Member’s district,1318 plus 10%. The minimum mileage amount is $6,200 for a Member. The rate per mile used to calculate the 20092010 allowance was as follows: Table 1. Mileage Multiplier for MRA Mileage Between Washington, DC, and the Furthest Point in a Member’s District Fewer than 500 miles Rate Per Mile $ .96 500 to 749 miles .86 750 to 999 miles .71 1,000 to 1,749 miles .61 1,750 to 2,249 miles .51 2,250 to 2,499 miles .48 2,500 to 2,999 miles .43 3,000 miles or more 1.32 Source: U.S. Congress, House, Statement of Disbursements of the House, as compiled by the Chief Administrative Officer, from January 1, 20092011, to March 31, 20092011, part 3 of 3, H.Doc. 111-26, 111th112-15, 112th Congress, 2nd1st session (Washington: GPO, 20092011), pp. 34673211. 2. the dollar equivalent to 2,500 square feet multiplied by the applicable rental rate per square foot charged federal agencies by the administrator of the General Services Administration in a Member’s district. The official office expenses allowance may be used for travel, office equipment lease, district office rental, stationery (paper, envelopes, and other supplies), telecommunications, printing, postage, computer services, and other expenses. The representational allowance is not to be used to defray any personal, political, or campaignrelated expenses. A Member also may not use campaign funds to pay for expenses related to his or her official and representational duties; may not use committee funds to pay for official 12 U.S. Congress, House, Statement of Disbursements of the House, as compiled by the Chief Administrative Officer, from January 1, 2009, to March 31, 2009, part 3 of 3, H. Doc. 111-26, 111th Cong., 2nd sess. (Washington: GPO, 2009), pp. 3467. 13 Distance is based on the Rand McNally Standard Highway Mileage Guide. Congressional Research Service 4 Congressional Salaries and Allowances representational expenses; may not use an unofficial office account to support official and representational duties; accept from a private source any in kind assistance with a monetary value for an official activity; and may not use personal funds to pay for franked mail. (...continued) 17 Ibid., p. 3211. 18 The Statement of Disbursements of the House indicates that distance is based on the Rand McNally Standard Highway Mileage Guide. Congressional Research Service 5 Congressional Salaries and Allowances A Member is responsible for personally paying for any official and representational expenses that are in excess of his or her representational allowance or that are not reimbursable under regulations of the Committee on House Administration.1419 Official Mail Allowance (Franking Privilege)1520 Component of the MRA Representatives are authorized the privilege of sending mail as franked mail in the conduct of official business to assist them in their duties as Members of Congress. Requirements on the use of the frank and mass mailings are established in statute and the regulations and rules of the House. Use of the frank is the personal responsibility of each Representative. 1621 The franked mail postage component of the MRA is based on a formula in which the rate of a single piece of first class mail is multiplied by three, and the resulting figure is multiplied by the number of non-business addresses in a Representative’s district.1722 The Committee on House Administration set the 20092010 official mail allowance for each Member at 45% of the calculation based on the above formula.18 The 23 As stated above, the 2011 Statement of Disbursements of the House provides the 2010 MRA formula and states that the 2011 level is 95% of the 2010 total. The allowance may be used to pay the costs of first, third, or fourth class franked mail. It may not be used to pay for certain specified mailing costs, for example, express mail. 1924 Since the official mail allowance is combined with the personnel and office expenses allowances, the amount of money a Member can spend on franked mail is limited only by the total of the combined allowances. 14Other Allowances Government Publications Each Representative is entitled to receive certain government publications and printed products. These include, for example, one copy of Deschler’s Precedents, various manuals and directories, and public document franked envelopes.25 The FY2012 Consolidated Appropriations Act (P.L. 112-74), however, contained language prohibiting the use of funds “to deliver a printed copy of a bill, joint resolution, or resolution to 19 For more details on permissible use of personal, campaign, and official funds, see U.S. Congress, House Committee on House Administration, Members’ Congressional Handbook (http://cha.house.gov/PDFs/MembersHandbook.pdf); and U.S. Congress, Committee on Standards of Official Conduct, House Ethics Manual, 110th Cong., 2nd sess. (Washington: GPO, 2008), (http://ethics.house.gov/Media/PDF/2008_House_Ethics_Manual.pdf.) 15). 20 For additional information, see CRS Report RL34274, Franking Privilege: Historical Development and Options for Change, by Matthew Eric Glassman. 1621 Ibid. 1722 The number of addresses is determined by the postmaster general. The number is not to include business delivery stops. 18 U.S. Congress, House, Statement of Disbursements of the House, as compiled by the Chief Administrative Officer, from January 1, 2009, to March 31, 2009, part 3 of 3, H.Doc. 111-26, 111th Cong., 2nd sess. (Washington: GPO, 2009), pp. 3467. 19 Regulations on the proper use of the frank are set by the House Commission on Congressional Mailing Standards. Congressional Research Service 5 Congressional Salaries and Allowances Other Allowances Government Publications Each Representative is entitled to receive certain government publications and printed products. These include, for example, copies of the daily Congressional Record, one copy of Deschler’s Precedents, various manuals and directories, and public document franked envelopes. 2023 Ibid., p. 3211. 24 Regulations on the proper use of the frank are set by the House Commission on Congressional Mailing Standards. 25 For additional information, see “Information Services for Members of Congress,” GPO Publication 250.4, January 2009, pp. 2-3, available at http://www.gpo.gov/pdfs/congressional/InformationService.pdf. Congressional Research Service 6 Congressional Salaries and Allowances 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” or to deliver “a printed copy of any version of the Congressional Record to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress).” Travel Allowance for Organizational Caucuses or Conferences Each Member-elect and one designated staff person who attend an organizational caucus or conference are to be paid for one round trip each between their places of residence in the district and Washington, DC, for the purpose of attending such caucus or conference. Each incumbent Member reelected to the ensuing Congress and one designated staff person who attend an organizational caucus or conference also receive this allowance. Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends such a caucus or conference is also authorized to be reimbursed on a per diem or other basis for expenses incurred in connection with attendance. Personnel, Office Expenses, and Mail Allowances for U.S. Senators Senators’ Official Personnel and Office Expense Account Senators have three official allowances available to them for personnel and official office expenses. They are the administrative and clerical assistance allowance, the legislative assistance allowance, and the official office expense allowance. The administrative and clerical assistance allowance and the office expense allowance vary among Senators since they are governed by state population, distance from Washington, DC, to home states, and committee authorized limits. The legislative assistance allowance is a set amount for all Senators. The total amount available in each Senator’s Official Personnel and Office Expense Account (SOPOEA) is the sum of the two personnel allowances (administrative and clerical assistance and legislative assistance) and the office expense allowance. The components of the SOPEOA can be interchanged. For example, funds available for office expenses can be used to pay office personnel salaries, and vice versa. Additional limits pertain to spending on franked mail: mass mailings may not exceed $50,000 per fiscal year,2126 and the Senate Committee on Rules and Administration may issue additional official mail regulations.22 20 For additional information, see “Information Services for Members of Congress,” GPO Publication 250.4, January 2007, pp. 2-3, available at http://www.gpo.gov/congressional/pdfs/InformationService.pdf. 21 27 The three allowances for all Senators are funded together in a single appropriation subaccount, “Senators’ Official Personnel and Office Expense Account,” within the appropriation account “Contingent Expenses of the Senate.” The list of total office allowances contained in the Senate report on the its version of the FY2012 legislative branch appropriations bill (S.Rept. 112-80), 26 27 FY1995 Legislative Branch Appropriations Act, P.L. 103-283, July 22, 1994, 108 Stat. 1427, 39 U.S.C. 3210. 22 Ibid., p. 21. Congressional Research Service 6 Congressional Salaries and Allowances The three allowances for all Senators are funded together in a single appropriation subaccount “Senators’ Official Personnel and Office Expense Account,” within the appropriation account “Contingent Expenses of the Senate.” For FY2010, the preliminary list of total office allowances shows a range from $3,090,168 for the Senators from Delaware to $4,873,149 for the Senators from California.23 The average allocation is $3,343,867.247 Congressional Salaries and Allowances shows a range of $2,960,726 to $4,685,279, depending on the state.28 The average allocation, was $3,206,825.29 Previously, the FY2011 Continuing Appropriations Act, P.L. 112-10, enacted on April 11, 2011, stated that “each Senator’s official personnel and office expense allowance (including the allowance for administrative and clerical assistance, the salaries allowance for legislative assistance to Senators, as authorized by the Legislative Branch Appropriation Act, 1978 (P.L. 9594), and the office expense allowance for each Senator’s office for each State) in effect immediately before the date of enactment of this section shall be reduced by 5 percent.” Appropriations are available to support only the official duties of Senators, and appropriations are not to be used to defray any personal, political, or campaign-related expenses. Senators are responsible for payment of any expenses incurred in support of official duties that exceed the set allowances of the individual accounts. Online Publication of Disbursement Records All personnel, office, and official mail expenses reimbursed to or on behalf of a Senator are required to be published in the semiannual Report of the Secretary of the Senate. An amendment to the FY2010 legislative branch appropriations bill (H.R. 2918), which was offered by Senator Coburn and agreed to by voice vote on July 6, 2009, directs the Secretary of the Senate to “publicly post on-line on the website of the Senate each report in a searchable, itemized format.”25 The provision was contained P.L. 111-68.26 Official Office Expense Allowance One component of the Senators’ Official Personnel and Office Expense Account is the office expense allowance, which includes funding for official Senate business. The amount of this component varies for each Senator depending primarily on the distance between Washington, DC, and the home state, the population of the state, and the official mail allocation. In FY2010, allowances ranged from $128,585 to $465,919.27 Personnel Allowances: Administrative and Clerical Assistance and Legislative Assistance. The Senators’ Official Personnel and Office Expense Account also includes two personnel allowances available for staff employment in Washington, DC, and home state offices. Administrative and Clerical Assistance Allowance The administrative and clerical assistance allowance is allocated according to the population of a Senator’s state. The FY2010 Senate report included preliminary allowance figures that varied 23, directing the Secretary of the Senate to “publicly post on-line on the website of the Senate each report in a searchable, itemized format,” beginning with the first full semiannual period of the 112th Congress, was offered by Senator Coburn during floor consideration on July 6, 2009. The amendment was agreed to by voice vote.30 The provision was contained P.L. 111-68.31 The report is now available at http://www.senate.gov/legislative/common/generic/report_secsen.htm. Official Office Expense Allowance One component of the Senators’ Official Personnel and Office Expense Account is the office expense allowance, which includes funding for official Senate business. The amount of this component varies for each Senator depending primarily on the distance between Washington, DC, and the home state, the population of the state, and the official mail allocation. According to preliminary figures in S.Rept. 112-80, the FY2012 office expense allowance component of the SOPOEA ranges from $121,032 to $453,791, although all components are interchangeable.32 28 Total obtained from U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 20102011, report to accompany S. 12913799, 111th Cong., 1st2nd sess., S.Rept. 111-29294 (Washington: GPO, 2009), p. 212010), pp. 21-22. The Senate reports on the legislative branch bill generally provide preliminary information on the allocation for Senators from each state. The Senate did not issue a report on the FY2009 legislative branch bill. 24 CRS calculation based upon state totals for all 100 Senators. Data do not include any supplementals, transfers, or rescissions. 25 S.Amdt. 1369, Congressional Record, July 6, 2009, p. S7121. 26 P.L. 111-68, Oct. 1, 2009, 123 Stat. 2026. 27One technical correction, to account for a population change in Colorado, was included in U.S. Congress, conference report, Consolidated Appropriations Act, 2012, report to accompany H.R. 2055, 112th Cong., 1st sess., H.Rept. 112-331 (Washington: GPO, 2011). 29 CRS calculation based upon state totals for all 100 Senators. Data provided in the Senate report are preliminary and do not include any supplementals, transfers, or rescissions. Data are adjusted for the technical correction in H.Rept. 112-331. 30 S.Amdt. 1369, Congressional Record, July 6, 2009, p. S7121. 31 P.L. 111-68, October 1, 2009, 123 Stat. 2026. 32 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 20102012, report to accompany S. 1291, 111thH.R. 2551, 112th Cong., 1st sess., S.Rept. 111-29112-80 (Washington: GPO, 2009), p. 212011). Congressional Research Service 7 Congressional Salaries and Allowances from $2,453,206 for a Senator representing a state with a population under 5,000,000 to $3,898,853 for a Senator representing a state with a population of 28,000,000 or more.28 Legislative Assistance Allowance According to the Senate report on the FY2010 legislative branch appropriations bill, each Senator is authorized $508,377 to appoint up to three legislative assistants, to be paid a maximum of $169,459 each per annum. 298 Congressional Salaries and Allowances Administrative and Clerical Assistance Allowance The administrative and clerical assistance allowance component of the SOPOEA is allocated according to the population of a Senator’s state. The FY2012 Senate report (S.Rept. 112-80) included preliminary allowance figures that varied from $2,361,820 for a Senator representing a state with a population under 5 million to $3,753,614 for a Senator representing a state with a population of 28 million or more.33 All components of the SOPOEA are interchangeable. Legislative Assistance Allowance According to the FY2012 Senate report (S.Rept. 112-80), the legislative assistance component of the SOPOEA is $477,874. The report states that this component is equivalent to three positions paid at $159,291 each,34 although all components of the SOPOEA are interchangeable. Official Mail Allowance Senators are authorized the privilege of sending mail as franked mail in the conduct of official business to assist them in their duties as Members of Congress. Requirements on the use of the frank and mass mailings are established in statute, regulations and rules of the Senate, and interpretative rulings of the Senate Ethics Committee. Each Senator is authorized a specific dollar allocation for franked mail, largely based on the number of addresses in his or her state. Other Allowances Senate Interns Senators may employ interns during the academic year and during the summer. Senators determine their own financial arrangements for interns. Office Space in States Each Senator is authorized to secure, in an amount determined by law, suitable office space in federal building(s)buildings in the state he or she represents. In the event suitable office space is not available in a federal building, a Senator is authorized to lease privately owned office space. The cost of private space is not to exceed the highest rate per square foot charged by the General Services Administration (GSA). The aggregate square footage of office space that can be secured for a Senator ranges from 5,000 square feet, if the population of the state is less than 3,000,000, to million, to 8,200 square feet, if the state’s population is 17,000,000 million or more. 3035 There is no restriction on the number of offices. Mobile Office Space for Senators Each Senator is entitled to lease one mobile office for use only in the state he or she represents. Senators are authorized to be reimbursed for rent and non-personnel costs of operating the office. There are limitations on the terms of the lease, the maximum annual rental payment, and 28 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 2010, report to accompany S. 1291, 111th Cong., 1st sess., S.Rept. 111-29 (Washington: GPO, 2009), p. 21. 29 Ibid., number of offices. 33 Ibid. Ibid., and Order of the President pro tempore, implementing a pay increase for Senate employees, effective January 1, 2009, issued March 12, 2009; and Order of the President pro tempore, implementing a pay increase for Senate employees, effective January 1, 2009 1, 2010, issued March 12, 2009January 5, 2010 (contained in 2 U.S.C. 60a-1 and available at http://uscode.house.gov). 3035 2 U.S.C. 59(b). 34 Congressional Research Service 8 Congressional Salaries and Allowances 9 Congressional Salaries and Allowances Mobile Office Space for Senators Each Senator is entitled to lease one mobile office for use only in the state he or she represents. Senators are authorized to be reimbursed for rent and non-personnel costs of operating the office. There are limitations on the terms of the lease, the maximum annual rental payment, and reimbursable operating costs. No reimbursement is to be made for expenses incurred during the 60 days preceding a contested election. 3136 Furniture and Furnishings in Washington, DC Each Senator is authorized furniture and furnishings from an approved list. Furniture and furnishings are supplied and maintained by the Architect of the Capitol (for spaces in Senate office buildings) and the Senate Sergeant at Arms (for offices in the Capitol). Additional furnishings can be purchased through the Senate stationery store. Furniture and Furnishings in State Offices Each Senator is authorized $40,000 for state office furniture and furnishings for one or more offices, if the aggregate square footage of office space does not exceed 5,000 square feet. The base authorization is increased by $1,000 for each authorized additional incremental increase in office space of 200 square feet. 3237 Under the FY2000 Legislative Branch Appropriations Act, this allowance is to be automatically increased at the beginning of each Congress to reflect inflation.3338 The aggregate dollar amount is the maximum value of furniture and furnishings to be provided by GSA for state office use at any one time. Furniture and furnishings remain GSA property. Office Equipment in Washington, DC, and State Offices Each Senator may use certain basic office equipment allocated in accordance with the population of the state he or she represents and other factors that have been stipulated by the Senate Committee on Rules and Administration. Government Publications Each Senator is entitled to receive certain government publications and printed products. These include, for example, copies of the daily Congressional Record, one copy of Deschler’s Precedents, various manuals and directories, and public document franked envelopes. 34 3139 36 2 U.S.C. 59(f). 2 U.S.C. 59(c)(2). 3338 P.L. 106-57, 113 Stat. 412, September 29, 1999; 2 U.S.C. 59(c)(2). 32 3439 For additional information, see “Information Services for Members of Congress,” GPO Publication 250.4, January 2007, pp. 2-3, available at http://www.gpo.gov/congressional/pdfs/InformationService.pdf.2009, pp. 2-3. 37 Congressional Research Service 910 Congressional Salaries and Allowances Compensation of Other Congressional Officers and Officials House of Representatives35 Representatives40 Speaker of the House $223,500 per annum Majority and Minority Leaders $193,400 per annum Chief Administrative Officer $172,500 per annum Clerk of the House $172,500 per annum Sergeant at Arms $172,500 per annum Legislative Counsel $172,500 per annum Law Revision Counsel $172,500 per annum Parliamentarian $172,500 per annum Inspector General $172,500 per annum Director, Interparliamentary Affairs $172,500 per annum Director, Emergency Planning, Preparedness, and Operations $172,500 per annum General Counsel to House $172,500 per annum Chaplain $172,500 per annum Senate36Senate41 President pro tempore ($227,300230,700 per annum if the position of Vice President is vacant) $193,400 per annum37annum42 Majority and Minority Leaders $193,400 per annum Secretary of the Senate $172,500 per annum Sergeant at Arms and Doorkeeper $172,500 per annum Legislative Counsel $172,500 per annum Senate Legal Counsel $172,500 per annum Parliamentarian $171,315 per annum Chaplain $153,200 per annum38 35155,500 per annum43 40 Source is U.S. Congress, House, Order of the Speaker of the House of Representatives, implementing a pay increase for House employees, effective January 9, 2009, issued January 9, 2009 (contained in 2 U.S.C. 60a-2a). Estimates may also be obtained by examining the quarterly Statement of Disbursements of the House. 3641 The source for salaries of officers and officials of the Senate, excluding the Chaplain, the President pro tempore, and the majority and minority leaders, is the Order of the President pro tempore, implementing a pay increase for Senate employees, effective January 1, 20092010, issued March 12, 2009 (January 5, 2010 (contained in 2 U.S.C. 60a-1, available at http://uscode.house.gov). Estimates may also be obtained by examining the semi-annual Report of the Secretary of the Senate. 3742 The President pro tempore is paid $227,300 (2009230,700 (2011 rate) if there is a vacancy in the position of Vice President. The U.S. Constitution provides that the Vice President shall serve as President of the Senate, and that when the Vice President is absent from the Senate, the President pro tempore presides in his place. During a vacancy in the position of the Vice President, the President pro tempore is considered the temporary, full-time President of the Senate and receives the increased salary rate (2 U.S.C. 32). Congressional Research Service 1011 Congressional Salaries and Allowances Compensation of Standing Committee Employees House of Representatives The maximum salaries for employees of committees, as established in the 2009 pay order, are $172,500 per annum for up to three staff members (two majority and one minority); $170,696 per annum for up to nine staff members (six majority and three minority);3944 and a maximum of $168,411 for other staff.4045 Senate The maximum salary for employees of standing committees, as established in the 2009 pay order and continued in the 2010 pay order, , is $171,315 per annum.4146 Author Contact Information Ida A. Brudnick AnalystSpecialist on the Congress ibrudnick@crs.loc.gov, 7-6460 Acknowledgments This report was originally written by Paul E. Dwyer, formerly a Specialist in American National Government at CRS, who has since retired. The listed author updated the report and is available to answer questions concerning its contents. (...continued) 38 The 43 The Senate Chaplain is paid the same as federal officials in Level IV of the Executive Schedule (2 U.S.C. 61d). 44. 39 The chairman of the House Committee on Appropriations may establish the salaries for 24 staff, seven of which are to be designated by the ranking minority party member. 40Member. 45 Source is U.S. Congress, House, Order of the Speaker of the House of Representatives, implementing a pay increase for House employees, effective January 9, 2009, issued January 9, 2009 (contained in 2 U.S.C. 60a-2a). 4146 The source for salaries of officers and officials of the Senate is the Order of the President pro tempore, implementing a pay increase for Senate employees, effective January 1, 2009, issued March 12, 2009 (contained in 2 U.S.C. 60a-1 ; and Order of the President pro tempore, implementing a pay increase for Senate employees, effective January 1, 2010, issued January 5, 2010 (contained in 2 U.S.C. 60a-1 and available at http://uscode.house.gov). Estimates may also be obtained by examining the semi-annual Report of the Secretary of the Senate. Congressional Research Service 1112