Per diem allowances for Members incurring costs in travel to and from Washington Metropolitan Area in order to cast votes in Congress

(a)

Entitlement to per diem allowances

A Member of Congress who travels on official and representational business to and from the Member’s designated residence to the Washington Metropolitan Area in order to cast votes in Congress is entitled to— (1)a per diem allowance for lodging in the Washington Metropolitan Area in accordance with subsection (b)(1); and (2)a per diem allowance for meals and incidental expenses in the Washington Metropolitan Area in accordance with subsection (b)(2). (b)

Exceptions

(1)

Members residing in Washington Metropolitan Area

A Member of Congress is not entitled to a per diem allowance under this section if the Member’s designated residence is within the Washington Metropolitan Area. (2)

Expenses paid under other allowances

A Member of Congress is not entitled to a per diem allowance under this section with respect to lodging, meals, and incidental expenses for which payment is made— (A)in the case of a Member of the House of Representatives, under the Members’ Representational Allowance; and (B)in the case of a Senator, under the Senators’ Official Personnel and Office Expense Account. (c)

Per diem allowances described

(1)

Lodging

A Member of Congress may receive a per diem allowance for lodging with respect to a day if— (A)the House of Congress in which the Member serves holds votes on that day; and (B)the Member records a vote in person in the chamber of that House of Congress on each vote held on that day. (2)

Meals and incidental expenses

A Member of Congress may receive a per diem allowance for meals and incidental expenses with respect to the following days: (A)A day for which the Member receives a per diem allowance for lodging under paragraph (1). (B)The day before a day described in subparagraph (A), but only if the Member travels to the Washington Metropolitan Area on the day described in subparagraph (A). (C)The day after a day described in subparagraph (A), but only if the Member travels from the Washington Metropolitan Area on the day described in subparagraph (A). (3)

Use of GSA rates

The amount of the per diem allowance to which a Member of Congress is entitled under this section shall be the amount to which the Member would be entitled under regulations prescribed by the Administrator of General Services if the Member were an employee entitled to a per diem allowance under subchapter I of chapter 57 of title 5, United States Code. (d)

Regulations

(1)

In general

This section shall be carried out in accordance with regulations promulgated by— (A)the Committee on House Administration of the House of Representatives, with respect to the per diem allowances for Members of the House of Representatives and the Delegates and Resident Commissioner to the Congress; and (B)the Committee on Rules and Administration of the Senate, with respect to the per diem allowances for Senators. (2)

Ensuring allowances are not treated as earned income for tax purposes

In promulgating regulations to carry out this section, the Committee on House Administration and the Committee on Rules and Administration shall follow to the greatest extent practicable the regulations each such Committee promulgates with respect to payments for lodging, meals, and incidental expenses incurred by Members of Congress under the Members’ Representational Allowance or the Senators’ Official Personnel and Office Expense Account, respectively, including the provisions of such regulations which ensure that the payment of such an allowance is not treated as income earned by the Member for purposes of paying Federal, State, or local taxes. (3)

Effect on existing regulations

The regulations promulgated under paragraph (1) shall supersede any regulations of the Committee on House Administration or the Committee on Rules and Administration governing the reimbursement of travel expenses incurred by a Member of Congress which are in effect at the time the regulations are promulgated. (e)

Definitions

In this section: (1)The designated residence of a Member of Congress is— (A)in the case of a Member of the House of Representatives, a residence in the congressional district the Member represents (or, in the case of a Member who does not reside in the congressional district the Member represents, a residence in the State in which the congressional district is located), as designated by the Member in a statement the Member provides to the Committee on House Administration; and (B)in the case of a Senator, a residence in the State the Senator represents, as designated by the Senator in a statement the Senate provides to the Committee on Rules and Administration. (2)The term Member of the House of Representatives includes a Delegate or Resident Commissioner to the Congress. (2)The term Washington Metropolitan Area means the District of Columbia; the cities of Alexandria, Falls Church and Fairfax, and the counties of Arlington and Fairfax, in Virginia; and the counties of Montgomery and Prince George's in Maryland. (f)

Treatment of Delegates

In this section, the term Member of the House of Representatives includes a Delegate or Resident Commissioner to the Congress. (g)

Effective date

This section shall apply with respect to the One Hundred Nineteenth Congress and each succeeding Congress.