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Congressional Salaries and Allowances: In Brief

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Congressional Salaries and Allowances Ida A. Brudnick Specialist on the Congress JanuaryDecember 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 applicableavailable life and 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, including staff, mail, travel between a Member’s district or state and Washington, DC, staff, mail, and other goods and services. Third, the report lists the salaries of congressionalMembers, House and Senate officers and officials, and salary limits for committee staff. Sources are hearings, reports, debates, and language of regular annual and supplemental committee staff. This information is derived from House and Senate hearings, reports, and annual and supplemental legislative branch appropriations acts; the U.S. Code and U.S. Code Annotated Supplements to Title 2; Order of the Speaker of the House of Representatives, implementing a pay increase for House employees, effective January 1, 2009, issued January 9, 2009 (contained in 2 U.S.C. 60a2a) House employees; 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); the Members’ ; the Members’ Congressional Handbook (web edition), prepared by the Committee on House Administration, for Members and staff of the U.S. House of Representatives House Administration, available at http://cha.house.gov/; the quarterly Statement of Disbursements of the House, compiled by the House Chief Administrative 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. AdditionalFurther information on salaries of Members of Congress may be found in CRS Report 97-615, Salaries of Members of Congress: Congressional Votes, 1990-20112012, by Ida A. Brudnick and CRS Report 97-1011, Salaries of Members of Congress: Recent Actions and Historical Tables, by Ida A. Brudnick. This report will be updated as information is made available Additional information on other topics may be found in reports referenced throughout. 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 .................................................. 1 Tax Deductions .......................................................................................................................... 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.................................. 3 House Allowance System ................................................................Representatives.......................................... 3 Online Publication of Disbursement Records ..The Members’ Representational Allowance (MRA) ................................................................... 3 Personnel Allowance Component of the MRA ................................................................... 4 Official Office Expenses Allowance Component of the MRA ........................................... 45 Official Mail Allowance (Franking Privilege) Component of the MRA............................. 6 Other Allowances .................................................5 Online Publication of Disbursement Records ..................................................................... 6 Government Publications .................................................................................................... 6 Travel Allowance for Organizational Caucuses or Conferences......................................... 7.......... 6 Personnel, Office Expenses, and Mail Allowances for U.S. Senators ............................................. 76 Senators’ Official Personnel and Office Expense Account........................................................ 7 Online Publication of Disbursement Records ..................................................................... 8 Official Office Expense Allowance............................................... (SOPOEA) .................................... 6 Official Office Expense Allowance Component of the SOPOEA ...................................... 87 Administrative and Clerical Assistance Allowance............................................... Component of the SOPOEA .............. 98 Legislative Assistance Allowance ....................................................................................... 9 Official Mail Allowance ...................................................................Component of the SOPOEA ......................................... 9 Other Allowances .8 Online Publication of Disbursement Records ..................................................................................................................... 9 Senate Interns 8 Other Allowances ...................................................................................................................... 9 Office Space in States.......................................................................................................... 9 Mobile Office Space for Senators .........8 Office Space in States, including Mobile Office Space ............................................................................ 10 8 Furniture and Furnishings in Washington, DC .................................................................... 109 Furniture and Furnishings in State Offices .......................................................................... 109 Office Equipment in Washington, DC, and State Offices ................................................... 9 10 Government Publications .................................................................................................... 9 10 Compensation of Other Congressional Officers and Officials ........................................................ 9 Compensation of Committee Employees 11 House of Representatives ........................................................................................................ 11 Senate ............................ 11 House of Representatives .......................................................................................................... 11 Compensation of Standing Committee Employees .......... 11 Senate ............................................................. 12 House of Representatives ........................................................................................................ 12 Senate ........................................ 11 Tables Table 1. Mileage Multiplier for MRA.............................................................................................. 12 Tables5 Table 1. Mileage Multiplier for MRA.........................2. Members, Officers, and Officials of the House: Selected Salaries ................................... 10 Table 3. Members, Officers, and Officials of the Senate: Selected Salaries .................................. 5 Congressional Research Service Congressional Salaries and Allowances10 Contacts Author Contact Information........................................................................................................... 1211 Acknowledgments ......................................................................................................................... 1211 Congressional Research Service Congressional Salaries and Allowances Compensation of Members of Congress and Related Benefits Compensation Since 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. BrudnickThe most recent pay adjustment for Members of Congress was in January 2009. 1 Since then, the compensation for most Senators, Representatives, Delegates, and the Resident Commissioner from Puerto Rico, has been $174,000.2 The only exceptions include the Speaker of the House ($223,500), and the President pro tempore of the Senate and the majority and minority leaders in the House and Senate ($193,400). Additional compensation is not provided to other Members of congressional leadership or committee chairs. Article I, Section 6, of the U.S. Constitution authorizes compensation for Members of Congress “ascertained by law, and paid out of the Treasury of the United States.” Adjustments are governed by the Ethics Reform Act of 1989 and the 27th Amendment to the Constitution. Members of Congress only receive salaries during the terms for which they are elected. 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.23 Certain types of outside earned income, however, are prohibited. AFor example, a Member may not receive compensation for affiliating with or being employed by a firm, partnership, association, corporation, or other entity providing providing professional services involving a fiduciary relationship, except for the practice of medicine; 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 from, the House Committee on Ethics, in the case of Senators Representatives, or the HouseSenate Select 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, 1991.3 The acceptance of honoraria by Senators was prohibited effective August 14, 1991.4 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 ScheduleEthics, in the case of Senators. 1 Pay for 2010 was frozen at these levels pursuant to P.L. 111-8, and pay for 2011 and 2012 was frozen pursuant to P.L. 111-165 and P.L. 111-322. Section 114 of P.L. 112-175 extends the current pay freeze for the duration of the current FY2013 continuing resolution. 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 XXVadditional 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, 1990-2012, by Ida A. Brudnick. 3 For example, House Rule XXV (112th Congress) states: “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, for example “copyright royalties received from established publishers under usual and customary contractual terms.” 3 This prohibition was included in the Ethics Reform Act of 1989 (P.L. 101-194, November 30, 1989, 103 Stat. 17761778) and incorporated into House Rule XXV. See also: U.S. House, Committee on Standards of Official Conduct, (continued...) Congressional Research Service 1 Congressional Salaries and Allowances terms.” For additional information, see House Rule XXV and Senate Rule XXXVI. Congressional Research Service 1 Congressional Salaries and Allowances Representatives and Senators are also prohibited from accepting honoraria. The acceptance of honoraria by Representatives was prohibited effective January 1, 1991.4 The acceptance of honoraria by Senators was prohibited effective August 14, 1991.5 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.56 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 basis. Section 1312(d)(3)(D) of P.L. 111-148, the Patient Protection and Affordable Care Act, states that the only health plans available to Members of Congress and certain congressional staff are those plans created under the act or offered through an exchange established under the act. The exchanges are not yet operational, and regulations on implementation of this provision have not been promulgated.7 Members also are eligible to participate in the Federal Employees Group Life Insurance Program. The The amount of coverage for personal insurance is determined by a formula based on the coverage elected.78 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, Since January 1, 1984, participation in Social Security has been mandatory for all Members of Congress.9 4 This prohibition was included in the Ethics Reform Act of 1989 (P.L. 101-194, November 30, 1989, 103 Stat. 17761778) and incorporated into House Rule XXV. See also: U.S. House, Committee on Ethics, House Ethics Manual, 2008 edition, 110th Cong., 2nd sess. (http://ethics.house.gov/), p. 189. 45 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. 56 See CRS Report RL30868, Tax Rules and Rulings Specifically Applicable to Members Of Congress, by John R. Luckey. 67 See CRS Report RS21982, Health Benefits for Members of Congress, by Barbara English. 7Ada S. Cornell; and CRS Congressional Distribution memorandum “Analysis of § 1312(d)(3)(D) of P.L. 111-148, The Patient Protection and Affordable Care Act, and its Potential Impact on Members of Congress and Congressional Staff,” by Jennifer A. Staman, Todd B. Tatelman and Ida Brudnick, April 2, 2010. This memo was written before the OPM director stated the provision is not effective until the exchanges become operational. 8 For additional information, see http://www.opm.gov/insure/life/index.asp. 8 See9 For additional information, 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. Allowances are authorized from January 3 of each 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, then-Speaker of the House Nancy Pelosi directed the Chief Administrative Officer (CAO) to begin publishing the Statements online.11 A “Dear Colleague” letter issued on June 26, 2009, by Daniel P. Beard, 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 would include expenses from the period of July 1, 2009, through September 30, 2009.12 Another “Dear Colleague” issued by the CAO 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 in 2009, employees’ salaries in Member offices are set at annual rates of not more than $168,411.16 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. 3211Representatives The Members’ Representational Allowance (MRA) The Members’ Representational Allowance (MRA) is available to support Representatives in their official and representational duties.10 The MRA may be used for official expenses including, for example, staff, travel, mail, office equipment, district office rental, stationery, and other office supplies. The MRA is also subject to a number of restrictions. For example, the MRA may not be used to defray any personal or campaign-related expenses. A Member is also prohibited from using campaign funds (except where authorized by the Committee on Ethics) or committee funds to pay for expenses related to official representational duties; using an unofficial office account; accepting funds or assistance from a private source for an official activity; or using personal funds to pay for franked mail. A Member is responsible for personally paying for any expenses that are in excess of the authorized MRA level or that are not reimbursable under regulations of the Committee on House Administration.11 The MRA for each Representative 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, cost of office space in the district, and number of non-business addresses in the district. The three components are combined and result in a single MRA authorization for each Representative that can be used to pay for any type of official expense. For example, each Representative can choose how much to allocate to travel versus personnel or supplies. The MRA for each Member is authorized from January 3 of each year through January 2 of the following year. These allowances are authorized in statute and regulated and adjusted by the Committee on House Administration. The MRA is funded in the House “Salaries and Expenses” account in the annual legislative branch appropriations bills. This account has decreased in recent years, from $660.0 million in FY2010, to $573.9 million in FY2012. Additionally, the Statement of Disbursements of the House states that the 10 For additional information, see CRS Report R40962, Members’ Representational Allowance: History and Usage, by Ida A. Brudnick. 11 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/handbooks/memberscongressional-handbook); and U.S. Congress, Committee on Ethics, House Ethics Manual, 110th Cong., 2nd sess. (Washington: GPO, 2008), (http://ethics.house.gov/). Congressional Research Service 3 Congressional Salaries and Allowances total amount of each Member’s 2012 Representational Allowance is 88.92% of the amount authorized in 2010. This is in accordance with a 5% reduction to the 2010 authorization mandated in House Resolution 22, agreed to on January 6, 2011, and a 6.4% reduction to the 2011 authorization as reflected in H.R. 2055, the Consolidated Appropriations Act, 2012 (P.L. 112-74).12 The 2012 allowances range from $1,270,129 to $1,564,613, with an average of $1,353,205.13 Personnel Allowance Component of the MRA The Statement of Disbursements of the House also provides the formula that was used for determining each Member’s MRA. In the 2010 formula, the personnel allowance component of this calculation was $944,671 for each Member.14 This component is combined with the other MRA components and results in one authorization that can be used to pay for any type of official expense. Each Member may use the MRA to employ no more than 18 permanent employees. A Member may employ up to four additional employees if they fall into one of the following categories:15 1. part-time employees; 2. shared employees; 3. interns receiving pay; 4. employees on leave without pay; and 5. temporary employees. Pursuant to a Pay Order issued in 2009, the salary of an employee in a Member office may not exceed an annual rate of $168,411.16 12 For the 2012 formula, see U.S. Congress, House, Statement of Disbursements of the House, as compiled by the Chief Administrative Officer, from January 1, 2012, to March 31, 2012, part 3 of 3, H.Doc. 112-106, 112th Cong., 2nd sess. (Washington: GPO, 2012), p. 3225. 13 CRS calculations based on the Statements of Disbursements for the first quarter (January-March) of 2012. The calculations exclude Delegates and the Resident Commissioner. Members elected by special election and sworn in during the first quarter are also excluded. 14 Ibid. 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). Members of Congress did not receive a pay adjustment in 2010, 2011, or 2012, and the maximum annual salary for staff in a Member office remained unchanged. 14 Congressional Research Service 4 Congressional Salaries and Allowances Official Office Expenses Allowance Component of the MRA The official office expenses allowance component of the MRA varies for each Member. As stated above, this component is combined with the other MRA components and results in one authorization that can be used to pay for any type of official expense. The base allowance in the formula established in 2010 is $256,574.17 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,18 plus 10%. The minimum mileage amount is $6,200 for a Member. The rate per mile used to calculate the 2010 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, 20112012, to March 31, 20112012, part 3 of 3, H.Doc. 112-15106, 112th Congress, 1st2nd session (Washington: GPO, 20112012), pp. 32113225. 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 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 Official Mail Allowance (Franking Privilege) Component of the MRA Representatives may send franked mail in the conduct of official business.19 Requirements on the use of franked mail, including mass mailings, are established in statute, Rules of the House, and 17 Ibid., p. 3225. 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.19 Official Mail Allowance (Franking Privilege)20 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.21 The franked mail postage 19 For additional information, see CRS Report RL34274, Franking Privilege: Historical Development and Options for Change, by Matthew Eric Glassman. 18 Congressional Research Service 5 Congressional Salaries and Allowances regulations of the Commission on Congressional Mailing Standards (also known as the Franking Commission). The franked mail 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.22 The Committee on House Administration Administration set the 2010 official mail allowance for each Member at 45% of thethis calculation based on the above formula.23.20 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.24 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. Other Allowances Government Publications Each Representative is entitled to above, this component is combined with the other MRA components and results in one authorization that can be used to pay for any type of official expense. Online Publication of Disbursement Records All MRA expenditures are reported in the quarterly Statement of Disbursements of the House. Since November 2009, Statements have been available at http://disbursements.house.gov/. Government Publications Representatives may receive certain government publications and printed products. These These include, for example, one copy of Deschler’s Precedents, various manuals and directories, and and public document franked envelopes.2521 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/). 20 For additional information, see CRS Report RL34274, Franking Privilege: Historical Development and Options for Change, by Matthew Eric Glassman. 21 Ibid. 22 The number of addresses is determined by the postmaster general. The number is not to include business delivery stops. 23 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,26 and the Senate Committee on Rules and Administration may issue additional official mail regulations.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. Ibid., p. 21. Congressional Research Service 7 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 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).” Personnel, Office Expenses, and Mail Allowances for U.S. Senators Senators’ Official Personnel and Office Expense Account (SOPOEA) The Senators’ Official Personnel and Office Expense Account (SOPOEA) is available to assist Senators in their official and representational duties.22 The SOPOEA has three components: 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, 20 Ibid., p. 3225. 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. 22 P.L. 100-137, Oct. 21, 1987, 101 Stat. 814, 2 U.S.C. 58c. 21 Congressional Research Service 6 Congressional Salaries and Allowances distance from Washington, DC, to home states, and committee authorized limits. The legislative assistance allowance is the same amount for all Senators. The total amount available in each SOPOEA is the sum of the two personnel allowances (administrative and clerical assistance and legislative assistance) and the office expense allowance. The three components result in a single SOPOEA authorization for each Senator that can be used to pay for any type of official expense. For example, each Senator can choose how much to allocate to travel versus personnel or supplies, although additional limits pertain to spending on franked mail. Mass mailings may not exceed $50,000 per fiscal year,23 and the Senate Committee on Rules and Administration may issue additional official mail regulations.24 The SOPOEA is funded within the “Contingent Expenses of the Senate,” account in the annual legislative branch appropriations bills. The list of total office allowances contained in the Senate report on its version of the FY2013 legislative branch appropriations bill (S.Rept. 112-197), shows a range of $2,960,716 to $4,685,632, depending on the state.25 The average allowance is $3,209,103.26 This account has decreased in recent years, from $422.0 million in FY2010 to $396.2 million in FY2012. Additionally, 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 areThe SOPOEA is available only to support each Senator’s official duties and may not to be used to 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 the payment of any expenses that exceed the allowance. Official Office Expense Allowance Component of the SOPOEA One component of the SOPOEA is the office expense allowance. The amount of this component varies for each Senator depending on the distance between Washington, DC, and the home state, the population of the state, and the official (franked) mail allocation. Requirements on the use of the frank, including mass mailings are established in statute, regulations and rules of the Senate, the Senate Committee on Rules and Administration, and the Senate Ethics Committee. According to preliminary figures in (S.Rept. 112-197), the FY2013 office expense allowance component of the SOPOEA ranges from $121,022 to $454,144, although all components are interchangeable.27 23 FY1995 Legislative Branch Appropriations Act, P.L. 103-283, July 22, 1994, 108 Stat. 1427, 39 U.S.C. 3210. Ibid., p. 21. 25 Total obtained from U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 2013, report to accompany H.R. 5882,112th Cong., 2nd sess., S.Rept. 112-197 (Washington: GPO, 2012), pp. 20-21. The Senate reports on the legislative branch bill generally provide preliminary information on the allocation for Senators from each state. 26 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. 27 Ibid., pp. 20-21. 24 Congressional Research Service 7 Congressional Salaries and Allowances Administrative and Clerical Assistance Allowance Component of the SOPOEA The administrative and clerical assistance allowance component of the SOPOEA is allocated according to the population of a Senator’s state. The FY2013 Senate report (S.Rept. 112-197payment 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, 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, 2011, report to accompany S. 3799, 111th Cong., 2nd sess., S.Rept. 111-294 (Washington: GPO, 2010), pp. 21-22. The Senate reports on the legislative branch bill generally provide preliminary information on the allocation for Senators from each state. One 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, 2012, report to accompany H.R. 2551, 112th Cong., 1st sess., S.Rept. 112-80 (Washington: GPO, 2011). Congressional Research Service 8 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.3328 All components of the SOPOEA are interchangeable. Legislative Assistance Allowance Component of the SOPOEA According to the FY2012FY2013 Senate report (S.Rept. 112-80197), the legislative assistance component of 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 suitable office space in federal buildings in the state he or she represents. In 29 although all components of the SOPOEA are interchangeable. Online Publication of Disbursement Records All SOPOEA expenditures are required to be published in the semiannual Report of the Secretary of the Senate.30 The report is available at http://www.senate.gov/legislative/common/generic/ report_secsen.htm. Other Allowances Office Space in States, including Mobile Office Space Each Senator is authorized office space in federal 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 spaceother office space may be secured. The cost of private space is not to exceed the highest rate per square foot charged by the General Services Administration (GSA).31 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 million, to 8,200 square feet, if the state’s population is 17 million or more.3532 There is no restriction on the number of offices. 33 Each Senator may lease one mobile office for use only in the state he or she represents, subject to limitations on the terms of the lease, the maximum annual rental payment, and reimbursable operating costs. No payment may be made for expenses incurred during the 60 days preceding a contested election.33 28 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, 2010, issued January 5, 2010 (contained in 2 U.S.C. 60a-1 and available at http://uscode.house.gov). 35 2 U.S.C. 59(b). 34 Congressional Research Service 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.3630 P.L. 111-68, October 1, 2009, 123 Stat. 2026, 2 U.S.C. 104a. 31 2 U.S.C. 59(c). 32 2 U.S.C. 59(b). 33 2 U.S.C. 59(f). 29 Congressional Research Service 8 Congressional Salaries and Allowances 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.37 Under34 Pursuant to the FY2000 Legislative Branch Appropriations Act, this allowance is to be this allowance automatically increasedincreases at the beginning of each Congress to reflect inflation.3835 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 stipulatedestablished 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.39 36 2 U.S.C. 59(f). 2 U.S.C. 59(c)(2). 38 36 Compensation of Other Congressional Officers and Officials Table 2 and Table 3 list the compensation for Members of Congress, officers elected by the House and Senate, and officials appointed by House and Senate leadership. 34 2 U.S.C. 59(c)(2). P.L. 106-57, 113 Stat. 412, September 29, 1999; 2 U.S.C. 59(c)(2). 3936 For additional information, see “Information Services for Members of Congress,” GPO Publication 250.4, January 2009, pp. 2-3. 3735 Congressional Research Service 109 Congressional Salaries and Allowances Compensation of Other CongressionalTable 2. Members, Officers, and Officials of the House: Selected Salaries and Officials House of Representatives40 Speaker of the House $223,500 per annum Majority and Minority Leaders $193,400 per annum All other Representatives (including Delegates and Resident Commissioner From Puerto Rico) $174,000 per annum Chief Administrative Officer $172,500 per annum Clerk of the House $172,500 per annum Sergeant at Arms $172,500 per annum Chaplain $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 General Counsel to the House $172,500 per annum Chaplain $172,500 per annum Senate41Source: For salaries of Members of Congress, U.S. President (Obama), “Adjustments of Certain Rates of Pay,” Executive Order 13594, signed December 19, 2011, Federal Register, vol. 76, p. 80196; for salaries of officers and officials of the 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. Table 3. Members, Officers, and Officials of the Senate: Selected Salaries President pro tempore ($230,700 per annum if the position of Vice President is vacant) $193,400 per annum42annum37 Majority and Minority Leaders $193,400 per annum All other Senators $174,000 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 $155,500 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. 41 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 annum38 Source: For salaries of Members of Congress and Level IV of the Executive Schedule, U.S. President (Obama), “Adjustments of Certain Rates of Pay,” Executive Order 13594, signed December 19, 2011, Federal Register, vol. 76, p. 80196; for salaries of officers and officials of the Senate, the 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, available at http://uscode.house.gov). Estimates may also be obtained by examining the semi-annual Report of the Secretary of the Senate. 42 The President pro tempore is paid $230,700 (2011 rate) if there is a vacancy in the position of Vice President. The 37 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). 38 The Senate Chaplain is paid the same as officials in Level IV of the Executive Schedule (2 U.S.C. 61d). Congressional Research Service 1110 Congressional Salaries and Allowances Compensation of Standing Committee Employees House of Representatives The maximum salariesannual salary for employees of committees, as established in the 2009 pay order, areis $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);4439 and a maximum of $168,411 for other staff.4540 Senate The maximum annual 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.46.41 Author Contact Information Ida A. Brudnick Specialist 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) 43 The Senate Chaplain is paid the same as federal officials in Level IV of the Executive Schedule (2 U.S.C. 61d). 4439 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. 45 Source is 40 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). 46 The source for salaries of officers and officials of the Senate is the41 U.S. Congress, Senate, 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, 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 (contained in 2 U.S.C. 60a-1). Congressional Research Service 1211