Salaries of Members of Congress:
Recent Actions and Historical Tables
Ida A. Brudnick
Specialist on the Congress
February 22September 20, 2012
Congressional Research Service
7-5700
www.crs.gov
97-1011
CRS Report for Congress
Prepared for Members and Committees of Congress
Salaries of Members of Congress: Recent Actions and Historical Tables
Summary
Congress is required by Article I, Section 6, of the Constitution to determine its own pay. Prior to
1969, Congress did so by enacting specific legislation. From 1789 through 1968, Congress raised
its pay 22 times using this procedure. Members were initially paid per diem. The first annual
salaries, in 1815, were $1,500. Per diem pay was reinstituted in 1817. Congress returned to
annual salaries, at a rate of $3,000, in 1855. By 1968, pay had risen to $30,000. Specific
legislation may still be used to raise Member pay, as it was most recently in 1982, 1983, 1989,
and 1991; but two other methods—including an automatic annual adjustment procedure and a
commission process—are now also available.
The Ethics Reform Act of 1989 established the current formula for automatic annual adjustmentsadjustment formula,
which is based on changes in private sector wages and salaries as measured by the Employment
Cost Index
(ECI). The adjustment goes into effect automaticallyis automatic unless denied statutorily by
Congress, although the percentage may not
exceed the percentage base pay increase for General
Schedule (GS) employees.
Members of Congress last received a pay adjustment in January 2009. At that time, their salary
was increased 2.8%, to $174,000 from $169,300.
A provision in the FY2009 Omnibus
Appropriations Act prohibited any pay adjustment for 2010.
Under the pay adjustment formula,
Members were originally scheduled to receive an adjustment
in January 2010 of 2.1%, although
this would have been revised downward automatically to 1.5%
to match the GS base pay
adjustment. Members next were scheduled to receive a 0.9% pay
adjustment in 2011. The pay
adjustment was prohibited by P.L. 111-165 (H.R. 5146), which was
enacted on May 14, 2010.
Additionally, P.L. 111-322, which was enacted on December 22, 2010,
prevented any adjustment
in GS base pay before December 31, 2012. Since the percentage
adjustment in Member pay may
not exceed the percentage adjustment in the base pay of GS
employees, Member pay is also
frozen during this period. If not limited by GS pay, Members
could have received a salary
adjustment of 1.3% in January 2012 under the ECI formula.
Under the pay adjustment formula, Members could receive a maximum pay adjustment in
January 2013 of 1.1%. This percentage could be lowered due to (1) lower increases for the
General Schedule, as proposed by the President, which would automatically limit the Member
pay adjustment; and (2) legislation introduced in the House and Senate (for example, H.R. 3630,
H.R. 3835, H.R. 3858, S. 2079) to extend the current pay freeze.
This report contains information on the pay procedure and recent adjustments. It also contains
historical information on the rate of pay for Members of Congress since 1789; the adjustments
projected by the Ethics Reform Act as compared to actual adjustments in Member pay; details on
past legislation enacted with language prohibiting the annual pay adjustment; and Member pay in
constant and current dollars since 1992.
For information on actions taken each year since the
establishment of the Ethics Reform Act
adjustment procedure, see CRS Report 97-615, Salaries
of Members of Congress: Congressional
Votes, 1990-2011, by Ida A. Brudnick. Retirement benefits for Members of Congress vary
depending on retirement plan, age, and length of service. For additional information, see CRS
Report RL30631, Retirement Benefits 2012, by Ida A. Brudnick.
Members of Congress only receive salaries during the terms for which they are elected. Former
Members of Congress may be eligible for retirement benefits. For additional information on
benefit requirements, contributions, and formulas, see CRS Report RL30631, Retirement Benefits
for Members of Congress, by Katelin P. Isaacs.
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Salaries of Members of Congress: Recent Actions and Historical Tables
Contents
Member Pay: Constitutional Background........................................................................................ 1
Methods for Member Pay Adjustment............................................................................................. 1
Proposals in the 112th Congress ....................................................................................................... 2
January 2013 Member Pay Adjustment: Projections and Actions ................................................... 23
January 2011 and January 2012 Member Pay Adjustments Denied ................................................ 34
January 2010 Member Pay Adjustment Denied............................................................................... 45
January 2009 Member Pay Adjustment of 2.8% ............................................................................. 45
Figures
Figure 1. Salary for Members of Congress: Current and Constant Dollars, 1992-20112012................ 1112
Tables
Table 1. Salary Adjustments for Members of Congress Since 1789................................................ 67
Table 2. Member Pay Projected vs. Actual Adjustments Since 1992 .............................................. 9 10
Table 3. Legislative Vehicles Used for Pay Prohibitions, Enacted Dates,
and Pay Language....................................................................................................................... 10
Contacts
Author Contact Information........................................................................................................... 1112
Acknowledgments ......................................................................................................................... 12
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Salaries of Members of Congress: Recent Actions and Historical Tables
Member Pay: Constitutional Background
Article I, Section 6, of the U.S. Constitution, states that the compensation of Members of
Congress shall be “ascertained by law, and paid out of the Treasury of the United States.”
Additionally, the Twenty-Seventh Amendment to the Constitution states, “No law, varying the
compensation for the services of the Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened.” This amendment was submitted to the states
on September 25, 1789, along with 11 other proposed amendments, 10 of which were ratified and
became the Bill of Rights. It was not ratified until May 7, 1992.
Members of Congress only receive salaries during the terms for which they are elected.
Following their service, former Members of Congress may be eligible for retirement benefits,
which are discussed in CRS Report RL30631, Retirement Benefits for Members of Congress, by
Katelin P. Isaacs.
Methods for Member Pay Adjustment
There are three basic ways to adjust Member pay.
Specific legislation was enacted to adjust Member pay prior to 1968, and again in 1982, 1983,
1989, and 1991.
The second method by which Member pay can be increased is pursuant to recommendations from
the President, based on those made by a quadrennial salary commission. In 1967, Congress
established the Commission on Executive, Legislative, and Judicial Salaries to recommend salary
increases for top-level federal officials (P.L. 90-206). Three times (in 1969, 1977, and 1987)
Congress received pay increases made under this procedure; on three occasions it did not.
Effective with passage of the Ethics Reform Act of 1989 (P.L. 101-194), the commission ceased
to exist. Its authority was assumed by the Citizens’ Commission on Public Service and
Compensation. Although the first commission under the 1989 act was to have convened in 1993,
it did not meet.
The third method by which the salary of Members can be changed is by annual adjustments. Prior
to 1990, the pay of Members, and other top-level federal officials, was tied to the annual
comparability increases provided to General Schedule (GS) federal employees. This procedure
was established in 1975 (P.L. 94-82). Such increases were recommended by the President, subject
to congressional acceptance, disapproval, or modification. Congress accepted 5 such increases for
itself—in 1975, 1979 (partial), 1984, 1985, and 1987—and declined 10 (1976, 1977, 1978, 1980,
1981, 1982, 1983, 1986, 1988, and 1989).
The Ethics Reform Act of 1989 changed the method by which the annual adjustment is
determined for Members and other senior officials. This procedure employs a formula based on
changes in private sector wages and salaries as measured by the Employment Cost Index (ECI).
The annual adjustment automatically goes into effect unless
1. Congress statutorily prohibits the adjustment;
2. Congress statutorily revises the adjustment; or
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3. The annual base pay adjustment of GS employees is established at a rate less than
the scheduled adjustment for Members, in which case Members would be paid
the lower rate.1
Under this revised method, annual adjustments were accepted 13 times (those scheduled for
January 1991, 1992, 1993, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2008, and 2009) and
denied 9 times (those scheduled for January 1994, 1995, 1996, 1997, 1999, 2007, 2010, 2011, and
2012).2
1
Base pay is the pay rate before locality pay is added. This limitation was included in P.L. 103-356, 108 Stat. 34103411, October 13, 1994; 2 U.S.C. 31(2)(B).
2
For additional information on these annual adjustments, including actions to modify or deny the scheduled increases,
see CRS Report 97-615, Salaries of Members of Congress: Congressional Votes, 1990-2011, by Ida A. Brudnick.
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Proposals in the 112th Congress
As in previous Congresses, bills have been introduced in the 112th Congress to
•
repeal the automatic pay adjustment provision (for example, S. 133, S. 148, H.R.
187, H.R. 235, H.R. 246, H.R. 343, H.R. 431, H.R. 3673);
•
change the procedure by which pay for Members of Congress is adjusted by
linking it to other action or economic indicators (for example, H.R. 124, H.R.
172, H.R. 236, H.R. 994, H.R. 1454, H.R. 3136, H.R. 3565, H.R. 3774, S. 1442);;
and
•
reduce the pay of Members of Congress (for example, H.R. 204, H.R. 270, H.R.
335, H.R. 1012, H.R. 4399); and
•
otherwise alter or restrict pay for Members under certain conditions (for example,
H.R. 6108, which would reduce the pay of Members of Congress who miss votes
because of campaigning for election to another office).
Legislation was also introduced in the 112th Congress that would affect Member pay in the event
of a lapse of appropriations (government shutdown). These include H.R. 819, H.R. 1255, H.R.
1305, H.Con.Res. 56, and S. 388.
The Senate passed S. 388 on March 1, 2011.3 The bill would prohibit Members of the House and
Senate from receiving pay for each day that there is a lapse in appropriations or the federal
government is unable to make payments or meet obligations because of the public debt limit. The
House passed H.R. 1255 on April 1, 2011. The would bill prohibit the disbursement of pay to
Members of the House and Senate during either of these situations.4 No further action has been
taken on either bill.
On April 8, 2011, the Speaker of the House issued a “Dear Colleague” letter indicating that in the
event of a shutdown, Members of Congress would continue to be paid pursuant to the 27th
TwentySeventh Amendment to the Constitution, which as stated above, states: “No law, varying the
compensation for the services
of the Senators and Representatives, shall take effect, until an election of Representatives shall
have intervened”—although Members could elect to return any compensation to the Treasury.
January 2013 Member Pay Adjustment: Projections
and Actions
Legislation has also been introduced in the 112th Congress to prohibit a Member pay adjustment.
The projected 2013 adjustment of 1.1%, or $1,900, was known when the Bureau of Labor
Statistics (BLS) released data for the change in the Employment Cost Index (ECI) during the 12month period from December 2010 to December 2011 on January 31, 2012.5 The adjustment
3
Cong. Rec., March 1, 2011, pp. S1051-1052.
Cong. Rec., April 1, 2011, pp.H2239-2251.
5
The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private industry
wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending December
31 for the two preceding years, minus 0.5%. The 1.1% adjustment was determined by taking the percentage increase in
the Index between the quarters ending December 2010 and December 2011, which was 1.6%, and subtracting 0.5%.
U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 2011 (Washington:
January 31, 2012), p.3.
4
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takes effect unless denied statutorily by Congress or limited by the General Schedule (GS) base
of the Senators and Representatives, shall take effect, until an
1
Base pay is the pay rate before locality pay is added. This limitation was included in P.L. 103-356, 108 Stat. 34103411, October 13, 1994; 2 U.S.C. 31(2)(B).
2
For additional information on these annual adjustments, including actions to modify or deny the scheduled increases,
see CRS Report 97-615, Salaries of Members of Congress: Congressional Votes, 1990-2012, by Ida A. Brudnick.
3
Cong. Rec., March 1, 2011, pp. S1051-1052.
4
Cong. Rec., April 1, 2011, pp.H2239-2251.
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election of Representatives shall have intervened”—although Members could elect to return any
compensation to the Treasury.
January 2013 Member Pay Adjustment: Projections
and Actions
Legislation has also been introduced in the 112th Congress to prohibit a 2013 Member pay
adjustment. The projected 2013 adjustment of 1.1%, or $1,900, was known when the Bureau of
Labor Statistics (BLS) released data for the change in the Employment Cost Index (ECI) during
the 12-month period from December 2010 to December 2011 on January 31, 2012.5 The
adjustment takes effect unless denied statutorily by Congress or limited by the General Schedule
(GS) base pay adjustment.
The President has proposed an average (i.e., base and locality) 0.5% adjustment for General
Schedule (GS) employees.6 Any Member pay adjustment would be automatically limited to the
base portion of any GS adjustment. For example, a 0.5% GS base increase would limit any
potential Member pay adjustment to 0.5%, or $900.
President Obama stated in a letter to congressional leadership on August 21, 2012, that the current
federal pay freeze should extend until FY2013 budget negotiations are finalized.7 Section 114 of
H.J.Res. 117, the Continuing Appropriations Resolution, 2013, would extend the freeze enacted
by P.L. 111-322 through the duration of this continuing resolution. H.J.Res. 117 was passed by
the House on September 13, 2012, and then received in the Senate. Any delay in the
implementation of pay adjustments for GS employees would delay any scheduled Member pay
adjustment.
Legislation to prohibit any Member pay adjustment in 2013 has included:
•
Section 5421(b)(1) of H.R. 3630, as introduced in the House, would prohibit any
adjustment for Members of Congress prior to December 31, 2013. Section 706 of
the motion to recommit also reiterated the Member pay freeze language.7contained language freezing Member pay.8 On
December 13, 2011, the motion to recommit failed (183-244, roll call #922), and
the bill passed the House (234-193, roll call #923). The House-passed version of
the bill was titled the “Middle Class Tax Relief and Job Creation Act of 2011.”
5
The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private industry
wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending December
31 for the two preceding years, minus 0.5%. The 1.1% adjustment was determined by taking the percentage increase in
the Index between the quarters ending December 2010 and December 2011, which was 1.6%, and subtracting 0.5%.
U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 2011 (Washington:
January 31, 2012), p.3.
6
Office of Management and Budget, Analytical Perspectives, Budget of the United States Government, Fiscal Year
2013, Performance and Management (Washington, GPO: 2012), Table 2-1: Economic Assumptions, p. 17 and p. 114.
7
“Letter from the President Regarding An Alternative Plan for Pay Increases for Civilian Federal Employees,” Text of
a Letter from the President to the Speaker of the House of Representatives and the President of the Senate, August 21,
2012, Available at http://www.whitehouse.gov/the-press-office/2012/08/21/letter-president-regarding-alternative-planpay-increases-civilian-feder.
8
Congressional Record, December 13, 2011, p. H8822.
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The
The Senate substitute amendment, which did not address pay adjustments, passed
on December 17. It was titled the “Temporary Payroll Tax Cut Continuation Act
of 2011.” The House and Senate appointed conferees, but no further action has
been taken.
•
H.R. 3835, introduced on January 27, 2012, also would extend the pay freeze for
federal employees, including Members of Congress, to December 31, 2013. This
bill passed the House on February 1, 2012.
•
H.R. 3858, introduced on January 31, 2012, would extend the pay freeze for
Members of Congress. This bill has been referred to the Committee on House
Administration.
•
Other bills have also been introduced that include language freezing Member pay
(for example, S. 1931, S. 1936, S. 2065, S. 2079, S. 2210).
January 2011 and January 2012 Member Pay
Adjustments Denied
As stated above, projected Member pay adjustments are calculated based on changes in the
Employment Cost Index (ECI). The projected 2011 adjustment of 0.9% was known when the
Bureau of Labor Statistics (BLS) released data for the ECI change during the 12-month period
from December 2008 to December 2009 on January 29, 2010.89 This adjustment would have
equaled a $1,600 increase, resulting in a salary of $175,600.
6
Office of Management and Budget, Analytical Perspectives, Budget of the United States Government, Fiscal Year
2013, Performance and Management (Washington, GPO: 2012), Table 2-1: Economic Assumptions, p. 17 and p. 114.
7
Congressional Record, December 13, 2011, p. H8822.
8
The 2011 pay adjustment was prohibited by the enactment of H.R. 5146 (P.L. 111-165) on May
14, 2010. H.R. 5146 was introduced in the House on April 27 and was agreed to the same day
(Roll no. 226). It was agreed to in the Senate the following day by unanimous consent. Other
legislation was also introduced to prevent the scheduled 2011 pay adjustment.10
Additionally, P.L. 111-322, which was enacted on December 22, 2010, prevents any adjustment in
GS base pay before December 31, 2012. Since the percent adjustment in Member pay may not
exceed the percent adjustment in the base pay of GS employees, Member pay is also frozen
during this period. If not limited by GS pay, Members could have received a salary adjustment of
1.3% in January 2012 under the ECI formula.11 Pay for Members of Congress remains $174,000.
9
The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private industry
wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending December
31 for the two preceding years, minus 0.5%. The 0.9% adjustment was determined by taking the percentage increase in
the Index between the quarters ending December 2008 and December 2009, which was 1.4%, and subtracting 0.5%.
U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 2009 (Washington:
(continued...)
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The 2011 pay adjustment was prohibited by the enactment of H.R. 5146 (P.L. 111-165) on May
14, 2010. H.R. 5146 was introduced in the House on April 27 and was agreed to the same day
(Roll no. 226). It was agreed to in the Senate the following day by unanimous consent. Other
legislation was also introduced to prevent the scheduled 2011 pay adjustment.9
Additionally, P.L. 111-322, which was enacted on December 22, 2010, prevents any adjustment in
GS base pay before December 31, 2012. Since the percent adjustment in Member pay may not
exceed the percent adjustment in the base pay of GS employees, Member pay is also frozen
during this period. If not limited by GS pay, Members could have received a salary adjustment of
1.3% in January 2012 under the ECI formula.10 Pay for Members of Congress remains $174,000.January 29, 2010), p. 2.
10
H.R. 4255, introduced December 9, 2009; H.R. 4423, introduced January 12, 2010; S. 3074, introduced March 4,
2010; S. 3198, introduced March 14, 2010; and S. 3244, introduced April 22, 2010.
11
The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private
industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending
December 31 for the two preceding years, minus 0.5%. The 1.3% potential adjustment was determined by taking the
percentage increase in the Index between the quarters ending December 2009 and December 2010, which was 1.8%,
and subtracting 0.5%. U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December
2010 (Washington: January 28, 2011), p. 3. See also: “Schedule 6—Vice President and Members of Congress,”
(continued...)
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January 2010 Member Pay Adjustment Denied
Under the formula established in the Ethics Reform Act, Members were originally scheduled to
receive a pay adjustment in January 2010 of 2.1%.1112 This adjustment was denied by Congress
through a provision included in the FY2009 Omnibus Appropriations Act. Section 103 of
Division J of the act states, “Notwithstanding any provision of section 601(a)(2) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), the percentage adjustment scheduled to
take effect under any such provision in calendar year 2010 shall not take effect.”1213
Had this provision not been enacted, the 2.1% projected adjustment would have been
automatically reduced to 1.5% to match the 2010 GS base pay adjustment.1314
January 2009 Member Pay Adjustment of 2.8%
Under the formula established in the Ethics Reform Act, Members received a pay adjustment in
January 2009 of 2.8%,14 increasing salaries to $174,000.
(...continued)
January 29, 2010), p. 2.
9
H.R. 4255, introduced December 9, 2009; H.R. 4423, introduced January 12, 2010; S. 3074, introduced March 4,
2010; S. 3198, introduced March 14, 2010; and S. 3244, introduced April 22, 2010.
1015 increasing salaries to $174,000.
As noted above, Member pay adjustments may not exceed the annual base pay adjustment of GS
employees.16 The two pay adjustments may differ because they are based on changes in different
quarters of the Employment Cost Index (ECI) or due to actions of Congress and the President.
The 2.8% adjustment for Members, however, was less than the projected 2009 base GS
adjustment of 2.9%.17 The GS rate became final on December 18, 2008, when President Bush
issued an executive order adjusting rates of pay.18
(...continued)
Adjustments of Certain Rates of Pay, Executive Order 13594, December 23, 2011, Federal Register, Vol. 76, No. 247
(Washington, GPO: 2011), pp. 80191-80196.
12
The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private
industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending
December 31 for the two preceding years, minus 0.5%. The 1.3% potential2.1% adjustment was determined by taking the
percentage percentage
increase in the Index between the quarters ending December 20092007 and December 20102008, which was 1.8%,
and 2.6%, and
subtracting 0.5%. U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December
2010 2008
(Washington: January 28, 2011), p. 3. See also: “Schedule 6—Vice President and Members of Congress,”
31, 2009), pp. 2, 17.
13
P.L. 111-8, March 11, 2009.
14
The 1.5% GS base adjustment was finalized by U.S. President (Obama), “Adjustments of Certain Rates of Pay, ”
Executive Order 13594, December 23, 201113525, Federal Register, Vol. 76, No. 247
(Washington, GPO: 2011), pp. 80191-80196.
11vol. 74, December 23, 2009, pp. 69231- 69242.
15
The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private
industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending
December 31 for the two preceding years, minus 0.5%. The 2.18% adjustment was determined by taking the percentage
increase in the Index between the quarters ending December 20072006 and December 20082007, which was 2.63.3%, and
subtracting 0.5%. U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 20082007
(Washington: January 31, 20092008), pp. 2, 17.
12
P.L. 111-8, March 11, 2009.
13
The 1.5% GS base adjustment was finalized by U.S. President (Obama), “Adjustments of Certain Rates of Pay,”
Executive Order 13525, Federal Register, vol. 74, December 23, 2009, pp. 69231- 69242.
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As noted above, Member pay adjustments may not exceed the annual base pay adjustment of GS
employees.15 The two pay adjustments may differ because they are based on changes in different
quarters of the Employment Cost Index (ECI) or due to actions of Congress and the President.
The 2.8% adjustment for Members, however, was less than the projected 2009 base GS
adjustment of 2.9%.16 The GS rate became final on December 18, 2008, when President Bush
issued an executive order adjusting rates of pay.17
15.
16
2 U.S.C. 31(2)(B).
17
The base pay projection is based upon a number of events. Under the formula established in the Federal Employees
Pay Comparability Act (FEPCA, P.L. 101-509, November 5, 1990, 104 Stat. 1429-1431; 5 U.S.C. 5301-5303), the
annual across-the-board pay adjustment in January 2009 was projected to equal 2.9%. This percentage, like that
adjusting Member pay, was determined based on changes in the Employment Cost Index (ECI), minus 0.5%. It reflects,
however, changes from September 2006 to September 2007, rather than December 2006 to December 2007.
Additionally, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, enacted on
(continued...)
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Table 1 provides a history of the salaries of Members of Congress since 1789. For each salary
rate, both the effective date and the statutory authority are provided. The salaries shown are the
payable salaries, indicating the rate actually paid to Members of Congress. From 1976 to 1983,
the salary actually paid to Members was less than the salary to which Members were entitled. The
difference arose because Members were entitled to salaries authorized pursuant to the annual pay
comparability procedure (P.L. 94-82). However, on several occasions Congress did not
appropriate funds to pay any or a portion of the new salary increases authorized by P.L. 94-82.
Table 2 provides information on pay adjustments for Members since 1992, which was the first
full year after the Ethics Reform Act that Representatives and Senators received the same salary.
The table provides the projected percentage changes under the formula based on the Employment
Cost Index and the actual percentage adjustment. The differences between the projected and
actual Member pay adjustments resulted from:
•
the enactment of legislation preventing the increase (1994, 1995, 1996, 1997,
1999, 2007, 2010, and 2011);
•
limits on the percentage increase of Member pay because of the percentage
increase in GS base pay (1994, 1995, 1996, 1998, 1999, 2001, 2003, 2007, 2008,
2010, 2011, and 2012); and,
•
a combination of the above. In some years, the percentage adjustment for
Member pay would have been lowered to match the percentage adjustment in GS
base pay if Congress had not passed legislation denying the adjustment (1994,
1995, 1996, 1999, 2007, 2010, and 2011).
(...continued)
14
The annual Member pay adjustment was determined by a formula using the Employment Cost Index (private
industry wages and salaries, not seasonally adjusted), based on the percentage change reflected in the quarter ending
December 31 for the two preceding years, minus 0.5%. The 2.8% adjustment was determined by taking the percentage
increase in the Index between the quarters ending December 2006 and December 2007, which was 3.3%, and
subtracting 0.5%. U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 2007
(Washington: January 31, 2008), pp. 2, 15.
15
2 U.S.C. 31(2)(B).
16
The base pay projection is based upon a number of events. Under the formula established in the Federal Employees
Pay Comparability Act (FEPCA, P.L. 101-509, November 5, 1990, 104 Stat. 1429-1431; 5 U.S.C. 5301-5303), the
annual across-the-board pay adjustment in January 2009 was projected to equal 2.9%. This percentage, like that
adjusting Member pay, was determined based on changes in the Employment Cost Index (ECI), minus 0.5%. It reflects,
however, changes from September 2006 to September 2007, rather than December 2006 to December 2007.
Additionally, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, enacted onTable 3 lists the laws which have previously prohibited Member pay adjustments, the dates by
which the prohibitions have been enacted, and the text of the provision prohibiting the
adjustment. Eight of the ten bills in this list are appropriations bills, although a prohibition on
Member pay could be offered to any bill, or be introduced as a separate bill.19
Figure 1, which follows, shows the salary of Members of Congress in constant and current
dollars since 1992.
(...continued)
September 30, 2008, provided an overall average (base and locality) pay adjustment of 3.9% for federal civilian
employees, including those covered by the General Schedule ( P.L. 110-329, Division A, §142(a), September 30,
2008).
For additional information on the GS adjustments, see CRS Report RL34463, Federal White-Collar Pay:
FY2009 and
FY2010 Salary Adjustments, by Barbara L. Schwemle.
1718
U.S. President (Bush), “Adjustments of Certain Rates of Pay,” Executive Order 13483, Federal Register, vol. 73,
December 23, 2008, pp. 78587-78598.
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Table 3 lists the laws which have previously prohibited Member pay adjustments, the dates by
which the prohibitions have been enacted, and the text of the provision prohibiting the
adjustment. Eight of the ten bills in this list are appropriations bills, although a prohibition on
Member pay could be offered to any bill, or be introduced as a separate bill.18
Figure 1, which follows, shows the salary of Members of Congress in constant and current
dollars since 1992.
19
Stand-alone bills prohibiting an adjustment in Member pay in recent Congresses include, for example, (111th
Congress) H.R. 4255, H.R. 4423, H.R. 156, H.R. 282, and H.R. 395; (110th Congress) H.R. 2916, H.R. 2934, H.R.
5087, H.R. 5091, and H.R. 6417; and, (109th Congress) H.R. 4134 and H.R. 4047.
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Table 1. Salary Adjustments for Members of Congress Since 1789
(date of adjustment and authority)
Payable Salary
(Current Dollars)a
Effective Date
Statutory Authority
$6 per diemb
March 4, 1789
1 Stat. 70-71
(September 22, 1789)
$6 per diem (Representatives)
March 4, 1795
1 Stat. 70-71
(September 22, 1789)
$6 per diem
March 3, 1796
1 Stat. 448
(March 10, 1796)
$1,500
December 4, 1815
3 Stat. 257
(March 19, 1816)
$6 per diem (Representatives)
March 3, 1817
3 Stat. 345
(February 6, 1817)
$8 per diem
March 3, 1817
3 Stat. 404
(January 22, 1818)
$3,000
December 3, 1855
11 Stat. 48
(August 16, 1856)
$3,000c
December 23, 1857
11 Stat. 367
(December 23, 1857)
$5,000
December 4, 1865
14 Stat. 323
(July 28, 1866)
$7,500
March 4, 1871
17 Stat. 486
(March 3, 1873)
$5,000
January 20, 1874
18 Stat. 4
(January 20, 1874)
$7,500
March 4, 1907
34 Stat. 993
(February 26, 1907)
$10,000
March 4, 1925
43 Stat. 1301
(March 4, 1925)
$9,000d
July 1, 1932
47 Stat. 401
(June 30, 1932)
$7 per diem (Senators)
$7 per diem (Senators)
18
Stand-alone bills prohibiting an adjustment in Member pay in recent Congresses include, for example, (111th
Congress) H.R. 4255, H.R. 4423, H.R. 156, H.R. 282, and H.R. 395; (110th Congress) H.R. 2916, H.R. 2934, H.R.
5087, H.R. 5091, and H.R. 6417; and, (109th Congress) H.R. 4134 and H.R. 4047.
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Salaries of Members of Congress: Recent Actions and Historical Tables
Payable Salary
(Current Dollars)a
Effective Date
Statutory Authority
$8,500
April 1, 1933
48 Stat. 14
(March 20, 1933)
$9,000
February 1, 1934
48 Stat. 521
(March 28, 1934)
$9,500
July 1, 1934
48 Stat. 521
(March 28, 1934)
$10,000
April 4, 1935
49 Stat. 24
(February 13, 1935)
$12,500
January 3, 1947
60 Stat. 850
(August 2, 1946)
$22,500
March 1, 1955
69 Stat. 11
(March 2, 1955)
$7 per diem (Senators)
$7 per diem (Senators)
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Salaries of Members of Congress: Recent Actions and Historical Tables
Payable Salary
(Current Dollars)a
Effective Date
Statutory Authority
$30,000
January 3, 1965
78 Stat. 415
(August 14, 1964)
$42,500
March 1, 1969
81 Stat. 642
(December 16, 1967)
$44,600
October 1, 1975
89 Stat. 421
(August 9, 1975)
$57,500
March 1, 1977
81 Stat. 642
(December 16, 1967)
$60,662.50
October 1, 1979
89 Stat. 421
(August 9, 1975)
$69,800
December 18, 1982
(Representatives)
96 Stat. 1914
(December 21, 1982)
July 1, 1983 (Senators)
97 Stat. 338
(July 30, 1983)
$72,600
January 1, 1984
89 Stat. 421
(August 9, 1975)
$75,100
January 1, 1985
89 Stat. 421
(August 9, 1975)
$77,400
January 1, 1987
89 Stat. 421
(August 9, 1975)
$89,500
February 4, 1987
81 Stat. 642
(December 16, 1967)
$96,600e (Representatives)
February 1, 1990
103 Stat. 1767-1768
(November 30, 1989)
$98,400 (Senators)
February 1, 1990
103 Stat. 1767-1768
(November 30, 1989)
$125,100 (Representatives)
January 1, 1991
103 Stat. 1768-1769
(November 30, 1989)
$101,900 (Senators)
January 1, 1991
103 Stat. 1769
(November 30, 1989)
$125,100 (Senators)
August 14, 1991
105 Stat. 450
(August 14, 1991)
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Salaries of Members of Congress: Recent Actions and Historical Tables
Payable Salary
(Current Dollars)a
Effective Date
Statutory Authority
$129,500
January 1, 1992
103 Stat.1769
(November 30, 1989)
$133,600
January 1, 1993
103 Stat. 1769
(November 30, 1989)
$136,700
January 1, 1998
103 Stat. 1769
(November 30, 1989)
$141,300
January 1, 2000
103 Stat. 1769
(November 30, 1989)
$145,100
January 1, 2001
103 Stat. 1769
(November 30, 1989)
$150,000
January 1, 2002
103 Stat. 1769
(November 30, 1989)
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Salaries of Members of Congress: Recent Actions and Historical Tables
Payable Salary
(Current Dollars)a
Effective Date
Statutory Authority
$154,700
January 1, 2003
103 Stat. 1769
(November 30, 1989)
$158,100
January 1, 2004
103 Stat. 1769
(November 30, 1989)
$162,100
January 1, 2005
103 Stat. 1769
(November 30, 1989)
$165,200
January 1, 2006
103 Stat. 1769
(November 30, 1989)
$169,300
January 1, 2008
103 Stat. 1769
(November 30, 1989)
$174,000
January 1, 2009
103 Stat. 1769
(November 30, 1989)
Source: Congressional Research Service.
a.
Pay rates listed are applicable for Senators and Representatives unless otherwise specified. From 1976 to
1983, the salary actually paid to Members was less than the salary to which Members were entitled. The
difference arose because Members were entitled to salaries authorized pursuant to the annual pay
comparability procedure (P.L. 94-82). However, on several occasions Congress did not appropriate funds to
pay any or part of the new salary increases authorized by P.L. 94-82. Accordingly, the salaries shown in this
table are the payable rates, indicating the salaries actually paid to Members of Congress.
b.
From 1789 to 1856, Senators and Representatives received a per diem pay rate for their attendance while
Congress was in session, except for the period December 1815—March 1817, when they received $1,500 a
year. First established at $6 a day in 1789 for Senators and Representatives, the per diem for Senators was
increased to $7 beginning March 4, 1795, pursuant to language in the 1789 act. A March 10, 1796, act
returned the per diem for Senators to $6 for each day of attendance while the Senate was in session.
Although a law providing for annual salaries was enacted during the 14th Congress, it was repealed on
February 6, 1817, and pay reverted to a per diem basis. The per diem rate was raised to $8 in 1818
(retroactive to March 3, 1817) and remained there until 1856, when Members of Congress began to receive
annual salaries. A list of all sessions dates and lengths is available at http://artandhistory.house.gov/
house_history/session_dates/sessionsall.aspx.
c.
In 1857, Congress provided for pay at the rate of $250 per month while in session, or a maximum of $3,000
per annum.
d.
The act authorized the restoration of pay as of February 1, 1934, and the restoration of pay as of July 1,
1934.
e.
The Ethics Reform Act of 1989 (103 Stat. 1767-1768) increased pay for Representatives and Senators at
different rates. The pay of Representatives was increased to reflect the previously denied 1989 and 1990
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Salaries of Members of Congress: Recent Actions and Historical Tables
pay adjustments (4.1% and 3.6%), compounded at 7.9%, effective February 1, 1990. The act further provided
for a 25% increase in Representatives’ pay, effective January 1, 1991. As a result, the pay of Representatives
increased from $89,500 to $96,600 on February 1, 1990, and increased to $125,100 on January 1, 1991. The
pay of Senators was increased to reflect the previously denied 1988, 1989, and 1990 comparability pay
adjustments (2%, 4.1%, and 3.6%), compounded at 9.9%, effective February 1, 1990. As a result, the pay of
Senators increased from $89,500 to $98,400 on February 1, 1990. The Ethics Act did not provide for any
other pay increase for Senators, as it did in providing a 25% increase for Representatives. The reason is that
Senators elected to deny themselves the 25% increase while retaining the ability to receive honoraria.
Subsequently, the Senate voted to increase its pay rate to that of Representatives and to prohibit receipt of
honoraria by Senators, effective August 14, 1991. As a result, Senate pay increased from $101,900 to
$125,100 per annum.
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Salaries of Members of Congress: Recent Actions and Historical Tables
Table 2. Member Pay Projected vs. Actual Adjustments Since 1992
Year
Projected Percent
Adjustment Under
ECI Formulaa
Actual Percent
Adjustment
1992
3.5%
3.5%
1993
3.2%
3.2%
1994
2.1%
0
1995
2.6%
0
1996
2.3%
0
1997
2.3%
0
1998
2.9%
2.3%
1999
3.4%
0
2000
3.4%
3.4%
2001
3.0%
2.7%
2002
3.4%
3.4%
2003
3.3%
3.1%
2004
2.2%
2.2%
2005
2.5%
2.5%
2006
1.9%
1.9%
2007
2.0%
0
2008
2.7%
2.5%
2009
2.8%
2.8%
2010
2.1%
0
2011
0.9%
0
2012
1.3%
0
Source: Congressional Research Service
a.
Projected increase is based on the formula established in the Ethics Reform Act. This is equivalent to the
percentage change in the Employment Cost Index (private industry wages and salaries, not seasonally
adjusted) reflected in the quarter ending December 31 for the two preceding years, minus 0.5%.
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Salaries of Members of Congress: Recent Actions and Historical Tables
Table 3. Legislative Vehicles Used for Pay Prohibitions, Enacted Dates,
and Pay Language
Pay
Year
Bill
Public Law
Enacted Date
Bill Title
1994
H.R. 920, 103rd Congress
P.L. 103-6
March 4, 1993
Emergency Unemployment Compensation
Amendments of 1993a
1995
H.R. 4539, 103rd Congress
P.L. 103-329
September 28, 1994
Treasury, Postal Service and General
Government Appropriations Act, 1995b
1996
H.R. 2020, 104th Congress
P.L. 104-52
November 15, 1995
Treasury, Postal Service, and General
Government Appropriations Act, 1996c
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Salaries of Members of Congress: Recent Actions and Historical Tables
Pay
Year
Bill
Public Law
Enacted Date
Bill Title
1997
H.R. 3610, 104th Congress
P.L. 104-208
September 30, 1996
Omnibus Consolidated Appropriations Act,
1997d
1999
H.R. 4328, 105th Congress
P.L. 105-277
October 21, 1998
Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999e
2007
H.J.Res. 102, 109th Congress
P.L. 109-383
December 9, 2006
Making further continuing appropriations for the
FY2007, and for other purposesf
2007
H.J.Res. 20, 110th Congress
P.L. 110-5
February 15, 2007
Revised Continuing Appropriations Resolution,
2007g
2010
H.R. 1105, 111th Congress
P.L. 111-8
March 11, 2009
Omnibus Appropriations Act, 2009h
2011
H.R. 5146, 111th Congress
P.L. 111-165
May 14, 2010
To provide that Members of Congress shall not
receive a cost of living adjustment in pay during
fiscal year 2011i
2012
H.R. 3082, 111th Congress
P.L. 111-322
December 22, 2010
Continuing Appropriations and Surface
Transportation Extensions Act, 2011j
Source: Congressional Research Service examination of enacted legislation.
Notes: The provisions footnoted below, while varying slightly in language, have been used in the above
legislation to prohibit Member pay adjustments.
a.
“Notwithstanding section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), the cost
of living adjustment (relating to pay for Members of Congress) which would become effective under such
provision of law during calendar year 1994 shall not take effect.”
b.
“For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 (5
U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to
have taken effect in fiscal year 1995 in the rates of basic pay for the statutory pay systems.”
c.
“For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 (5
U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to
have taken effect in fiscal year 1996 in the rates of basic pay for the statutory pay systems.”
d.
“For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 (5
U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to
have taken effect in fiscal year 1997 in the rates of basic pay for the statutory pay systems.”
e.
“For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 (5
U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to
have taken effect in fiscal year 1999 in the rates of basic pay for the statutory pay systems.”
f.
“Notwithstanding any other provision of this division and notwithstanding section 601(a)(2) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31), the percentage adjustment scheduled to take effect
under such section for 2007 shall not take effect until February 16, 2007.”
g.
“Notwithstanding any other provision of this division and notwithstanding section 601(a)(2) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31), the percentage adjustment scheduled to take effect
under such section for 2007 shall not take effect.”
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Salaries of Members of Congress: Recent Actions and Historical Tables
h.
“Notwithstanding any provision of section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C.
31(2)), the percentage adjustment scheduled to take effect under any such provision in calendar year 2010
shall not take effect.”
i.
“Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2011.”
j.
“Notwithstanding any other provision of law, except as provided in subsection (e), no statutory pay
adjustment which (but for this subsection) would otherwise take effect during the period beginning on
January 1, 2011, and ending on December 31, 2012, shall be made.”
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Salaries of Members of Congress: Recent Actions and Historical Tables
Figure 1. Salary for Members of Congress: Current and Constant Dollars, 1992-20112012
$250,000
Salary
$200,000
Salary
$150,000
$100,000
Current Dollars
Constant 20112012 Dollars
$50,000
Constant 1992 Dollars
$50,000
$0
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Year
Source: Congressional Research Service.
Note: The figure provides information since 1992, which was the first full year after the Ethics Reform Act that
Representatives and Senators received the same salary. Constant dollars based on Consumer Price Index for All
Urban Consumers (CPI-U, Bureau of Labor Statistics, U.S. Department of Labor). 20112012 constant dollars are
based on the CPI-U average for January-July 20112012.
Author Contact Information
Ida A. Brudnick
Specialist on the Congress
ibrudnick@crs.loc.gov, 7-6460
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Acknowledgments
This report was originally written by Paul E. Dwyer, formerly a Specialist in American National
Government at CRS, who has since retired.
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