[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 7.  The Members]
[B. Compensation and Allowances]
[Â§ 4. Salary; Benefits and Deductions]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 697-710]
 
                               CHAPTER 7
 
                              The Members
 
                     B. COMPENSATION AND ALLOWANCES
 
Sec. 4. Salary; Benefits and Deductions


    The Constitution directs in article I, section 6, clause 1, that 
Senators and Representatives shall receive compensation for their 
services,(2) to be paid out of the Treasury of the United 
States.(3) Pursuant to that clause, the rate of compensation 
is fixed by statute and is periodically reviewed.(4) In the 
90th Congress, there was established the Commission on Executive, 
Legislative, and Judicial Salaries, which commission reviews salaries 
periodically and submits a report to the President who then makes 
recommendations in his budget message.(5)
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 2. Compensation is pay for official services and does not include 
        allowances, which are reimbursement for actual or presumed 
        expenses and which are additional and separable from the legal 
        rate of compensation. Smith v U.S., 158 U.S. 346 (1895). 
        Therefore, where there has been no appropriation for an 
        allowance, a Congressman cannot claim a constructive allowance 
        as part of his compensation. Wilson v U.S., 44 Ct. Cl. 428 
        (1909).
            For discussion of allowances, see Sec. 6, infra (travel), 
        and Sec. 8, infra (office, personnel, and supply allowances).
 3. See also 2 USC Sec. 47 (congressional compensation as ``public 
        accounts'').
            In the drafting and ratification of the Constitution, there 
        was debate on whether any compensation should be allowed, or 
        whether it should be allowed for only the House and not for the 
        Senate. Story, Commentaries on the Constitution of the United 
        States, Sec. Sec. 851-52, Da Capo Press (N.Y., Repub. 1970).
            It was specifically provided that the compensation be paid 
        out of the U.S. Treasury, rather than the individual state 
        treasuries, in order to insure the independence of the national 
        legislature and the equality of compensation. Id. at Sec. 854.
 4. The constitutional authority for payment of congressional salaries 
        does not stem from the general taxing and spending power of 
        Congress but from the specific clause providing for a 
        congressional salary to be paid. Richardson v Kennedy, 313 F 
        Supp 1282 (W.D. Pa. 1970), aff'd mem. 401 U.S. 901 (1971) 
        (taxpayer lacked standing to challenge congressional pay raise 
        effected by the Commission on Executive Legislative, and 
        Judicial Salaries).
            As to the fixing of the congressional salary, early 
        objections were voiced on the failure of the Constitution to 
        provide a procedure for fixing and changing the salary. Story, 
        Commentaries on the Constitution of the United States, 
        Sec. 855, Da Capo Press (N.Y., Repub. 1970).
 5. For the establishment of the commission and for the 1969 
        congressional pay raise effected by the commission, see 
        Sec. 4.1, infra.
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    The salary of Members progressed from $6 per diem in the

[[Page 698]]

First Congress to a fixed amount of $42,500 per year in the 90th 
Congress.(6) The statutes also fix separate rates of salary 
for the Speaker and Majority and Minority Leaders of the 
House.(7)
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 6. Salaries, 1795 to 1906: $6 per diem before Mar. 4, 1795, $7 per 
        diem after Mar. 4, Act of Sept. 22, 1789, 1 Stat. 70-71; 
        reduced to $6 per diem, Act of Mar. 10, 1796, 1 Stat. 448; 
        $1,500 annually, Act of Mar. 19, 1816, repealed by Act of Feb. 
        6, 1817, 3 Stat. 257; $8 per diem, Act of Jan. 22, 1818, 3 
        Stat. 404; $3,000 annually, Act of Aug. 16, 1856, 11 Stat. 48; 
        $250 per month, Act of Dec. 23, 1857, 11 Stat. 367; $5,000 
        annually, Act of July 28, 1866, 14 Stat. 323; $7,500 annually, 
        Act of Mar. 3, 1873, 17 Stat. 486; $5,000 annually, Act of Jan. 
        20, 1874, 18 Stat. 4.
            1907 to 1936: $7,500 annually, Act of Feb. 26, 1907, 34 
        Stat. 993; $10,000 annually, Act of Mar. 4, 1925, 43 Stat. 
        1301; $9,000 annually, Act of June 30, 1932, 47 Stat. 401 
        (Economy Act of 1932); $8,500 annually, Act of Mar. 20, 1933, 
        48 Stat. 14 (Economy Act of 1933); $9,000 annually, Act of Mar. 
        28, 1934, 48 Stat. 521; $9,500 annually, Act of May 30, 1934, 
        48 Stat. 821; $10,000 annually, Act of Feb. 13, 1935, 49 Stat. 
        24.
            Since 1936: $12,500 annually, effective Jan. 3, 1947, Act 
        of Aug. 2, 1946, 60 Stat. 850; $22,500 annually, Act of Mar. 2, 
        1955, 69 Stat. 11; $30,000 annually, effective Jan. 3, 1965, 
        Act of Aug. 14, 1964, 78 Stat. 415; $42,500 annually, effective 
        Mar. 1, 1969, Act of Dec. 16, 1967, Pub. L. No. 90-206, 81 
        Stat. 613 (codified as 2 USC Sec. 31); $57,500 annually, 
        effective Mar. 1, 1977 (recommendations of President submitted 
        Jan. 17, 1977, pursuant to Pub. L. No. 90-206).
 7. Under 2 USC Sec. 31, as amended by the Act of Sept. 15, 1969, Pub. 
        L. No. 91-67, 83 Stat. 107, the Speaker receives $62,500 
        annually, and the Majority and Minority Leader receive $49,500 
        annually.
            Prior to the passage of Pub. L. No. 91-67, the Majority and 
        Minority Leaders received the same salary as the other Members. 
        Their pay raise was effected by the recommendations of the 
        Commission on Executive, Legislative, and Judicial Salaries, as 
        transmitted to Congress in the Presidential Budget Message for 
        1970. H. Doc. No. 91-51, 91st Cong. 1st Sess., Jan. 17, 1969.
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    Salary begins for Members-elect at the beginning of their term, 
even if Congress meets after the constitutional day of Jan. 
3.(8) The actual entitlement to salary before Congress 
meets, depends, however, on the filing of duly-certified 
credentials.(9) Once Congress con

[[Page 699]]

venes, salaries are regularly paid only to those Members who have taken 
the oath and who have duly qualified for seats in the 
House.(10) If a Member-elect does not have credentials on 
file, or if his right to a seat is challenged, he is paid retroactively 
to the beginning of the term once his right to a seat is 
determined.(11)
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 8. 2 USC 34.
 9. Members-elect receive compensation monthly between the beginning of 
        the term and the convening of Congress under 2 USC Sec. 34, but 
        only if the Clerk has received a certificate showing regular 
        election under 2 USC Sec. 26. A person who presents regular 
        credentials must be placed on the Clerk's roll and must receive 
        salary from the beginning of his term. Page v U.S., 127 U.S. 67 
        (1888).
            If a territory elected a ``representative'' before 
        admission into the Union, the person elected was entitled to 
        congressional salary only from the time of the admission of the 
        territory as a state into the Union. Conway v U.S., 1 Ct. Cl. 
        69 (1863).
10. 2 USC Sec. 35. The House may, however, authorize a Member-elect 
        whose right to a seat is being investigated to receive salary 
        and allowances pending the result of the investigation (see 
        Sec. 4.3, infra)
11. See Sec. 4.5, infra.
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    As for the salary of Members elected to fill unexpired terms, the 
statutes formerly provided that such a Member would receive salary from 
the time that the compensation of his ``predecessor'' 
ceased.(12) The code now provides that where a person is 
elected to fill an unexpired term, his salary commences on the date of 
his election and not before.(13)
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12. Resolution of July 12, 1862, No. 54, 12 Stat. 624.
13. 2 USC Sec. 37. For the Speaker's analysis of the change in the 
        provision, see 6 Cannon's Precedents Sec. 203.
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    The Sergeant at Arms is the accounting and disbursing officer for 
the salaries of Members.(14) Before the salaries are paid 
out of United States Treasury, however, salary accounts are certified 
by the Speaker if the House is in session (15) or by the 
Clerk if the

[[Page 700]]

House is not in session.(16) Congressional salaries are paid 
out monthly, by statutory mandate, both before and after Congress 
convenes.(17)
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14. 2 USC Sec. 78. The function of the Sergeant at Arms in disbursing 
        salary is also dictated by Rule IV clause 1, House Rules and 
        Manual Sec. 649 (1973), which was amended by H. Res. 5, 92d 
        Cong. 1st Sess., Jan. 22, 1971, and H. Res. 1153, 92d Cong. 2d 
        Sess., Oct. 13, 1972, to extend his services to all Delegates 
        and the Resident Commissioner.
            See also 31 USC Sec. 148, which authorizes the Treasurer of 
        the United States to disburse the Members' salaries in the case 
        of the Sergeant at Arms' disability.
            2 USC Sec. 80 clarifies the Sergeant at Arms' duties in 
        relation to the compensation of Members. When he presents the 
        necessary certificates to the Treasurer of the U.S. for 
        Members' salary, he is acting as a public agent. Where, 
        however, he draws the salary for Members before it is properly 
        due, the transfer of the money to him is not a payment to 
        Members. Crain v U.S., 25 Ct. Cl. 206 (1890).
15. 2 USC Sec. 48. The Court of Claims has stated that the salary of 
        Members is not dependent upon the Speaker's certificate. Wilson 
        v U.S., 44 Ct. Cl. 428 (1909) (dicta). However, the Speaker's 
        certificate, even if in the form of a personal letter, is 
        conclusive upon the accounting officers of the Treasury. 6 
        Cannon's Precedents Sec. 201.
            The Speaker may designate a substitute to sign the 
        certificates in his name. 2 USC Sec. 50.
16. 2 USC Sec. 49.
17. 2 USC Sec. 34 (before convening) and 2 USC Sec. 35 (after oath-
        taking).
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    The salaries of Members are subject to deductions for federal 
income tax, and may be made subject, at the election of the individual 
Member, for deductions for retirement, health, and insurance 
benefits.(18) Authorized by statute are deductions for 
unauthorized leaves of absence,(19) for withdrawal from the 
congressional seat,(20) and for delinquency 
indebtedness.(1)
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18. See Sec. 4.10, infra.
19. 2 USC Sec. 39.
            Deductions from a Member's salary for unauthorized leaves 
        may only be taken after he has been sworn in. 2 Hinds' 
        Precedents Sec. 1154. For information on leaves of absence, see 
        Sec. 5, infra. On one occasion, a Member requesting a leave of 
        absence not for official business requested a leave of absence 
        without pay (Sec. 5.10, infra).
20. 2 USC Sec. 40.
 1. 2 USC Sec. 40a.
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    On one occasion, the House directed that a monthly deduction be 
levied from a challenged Member's-elect salary as punishment for 
improper conduct in past Congresses.(2)
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 2. See Sec. 4.4, infra.
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    In the event that a Member dies during his term of office, and was 
due unpaid salary, such salary goes to his designated beneficiary by 
statute, or to his widow or widower, or children, or parents, or to the 
person so entitled under state domiciliary law.(3) 
Customarily, the House appropriates an amount equal to one year's 
congressional salary to the widow of a deceased Member.(4) 
Any such death gratuity payment must be construed as a gift to the 
specified donee.(5)
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 3. 2 USC Sec. 38a. The claim of the estate of a deceased Member is 
        handled by the Committee on the Judiciary (see Sec. 4.12, 
        infra).
            Where a Member took  leave of absence for military service, 
        and after the Sergeant at Arms had ceased paying Members absent 
        for that purpose, the House paid the deceased's widow the 
        difference between his unpaid House salary and the military 
        salary he had received (see Sec. 4.13, infra).
 4. 6 Cannon's Precedents Sec. 204.
 5. 2 USC Sec. 38b.
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    The question arises as to whether a Member-elect of Congress may 
receive dual compensation both for (1) his congressional seat and (2) 
an incompatible office held

[[Page 701]]

up to the time he takes the oath.(6) When that problem 
recently arose for a Senator-elect, he waived his congressional salary 
up to the time he took the oath and resigned from his 
office.(7) The House has not expressly ruled on the question 
whether a Representative would be required to do the 
same.(8)
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 6. 14 Op. Att'y Gen. 406 (1874) proposed that since a Member-elect 
        could lawfully hold an office under the United States until 
        appearing to be sworn (see Sec. 13, infra), he was entitled to 
        receive pay for both positions before becoming a Member 
        (assuming Congress met after the beginning of the term). That 
        conclusion was based in part on the decision in Converse v 
        U.S., 62 U.S. (21 How.) 463 (1859), that a person holding two 
        compatible offices under the government is not precluded from 
        receiving the salaries of both by any provision of the general 
        laws prohibiting double compensation. See also 9 Op. Att'y Gen. 
        508 (1860) and 12 Op. Att'y Gen. 459 (1868).
 7. See Sec. 4.9, infra.
 8. See the determination of the House, cited at 1 Hinds' Precedents 
        Sec. 500, that a Member-elect receiving pay as a military 
        officer was disqualified from taking his congressional seat or 
        from receiving any congressional salary as of the moment the 
        Congress to which he was elected convened, regardless of the 
        time when he would appear to take the oath (the main issue 
        before the committee was not, however, the status of that 
        Member-elect, who resigned before taking the oath, but the 
        entitlement to salary of his successor).
            A report cited at 1 Hinds' Precedents Sec. 184, while 
        determining that a Member-elect could receive compensation for 
        another governmental office before the convening of Congress, 
        stated that the precedents of the House did not ``determine 
        that he [the Member-elect] may also be compensated as a Member 
        of Congress for the same time for which he was compensated in 
        the other office.'' The question was left open in the report.
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    During World War I Members who served in the military forces during 
their congressional terms received compensation for both 
positions.(9) During World War II, however, the Sergeant at 
Arms did not pay those Members absent for military training or service 
during their terms, pursuant to an opinion of the Comptroller 
General.(10) When drafting a bill providing for United 
States representation in the United Nations, Congress specifically 
provided that any Congressman appointed to the position not receive 
salary for that position, in order to avoid the prohibition against 
holding incompatible offices.(11)
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 9. See 6 Cannon's Precedents Sec. 61.
10. See Sec. 4.6, infra. See also Sec. 4.13, infra (effect of military 
        absence on payment of congressional salary to widow of deceased 
        ex-Member).
11. See Sec. 4.7, infra. See U.S. v Hartwell, 73 U.S. 385, 393 (1868), 
        implying that another governmental office without compensation 
        would not be incompatible.

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[[Page 702]]

    Congressional salary may be waived by a Member, in which case the 
sum is remitted to the Treasury of the United States.(12) 
For example, a Member who was to be imprisoned for a period of four 
months for a criminal conviction instructed the Sergeant at Arms to 
return his salary to the Treasury for that period.(13)
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12. 6 Cannon's Precedents Sec. 203.
13. See Sec. 4.8, infra.
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    What has been said above is applicable to Delegates and the 
Resident Commissioner; contrary to prior practice,(14) they 
now receive the same salary as Members.(15) Rule IV clause 
1, detailing the functions of the Sergeant at Arms in keeping accounts 
and disbursing pay to Members, was amended in the 92d Congress to 
explicitly entitle Delegates and the Resident Commissioner to the 
financial services of that officer.(16)
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14. 6 Cannon's Precedents Sec. 201 (differentiation in salary between 
        Members and Delegates and Resident Commissioners).
15. 2 USC Sec. 31.
16. House Rules and Manual Sec. 649 (1973). The amendments were 
        accomplished by H. Res. 5, 92d Cong. 1st Sess., Jan. 22, 1971, 
        and H. Res. 1153, 92d Cong. 2d Sess., Oct. 13, 1972.
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                            Cross References
Monetary allowances, see Sec. 6, infra (travel allowance) and Sec. 8, 
    infra (office and personnel allowances; supplies).
Compensation and incompatible offices, see Sec. 13, infra.
Compensation for military service, see Sec. 14, infra.
Deductions from compensation for absence, see Sec. 5, infra.
Compensation of officers, officials and employees, see Ch. 6, 
    supra.                          -------------------

Fixing Congressional Salary

Sec. 4.1 The Commission on Executive, Legislative, and Judicial 
    Salaries, established in the 90th Congress, reviews congressional 
    salaries and submits budget recommendations periodically.

    There was established in the 90th Congress a Commission on 
Executive, Legislative, and Judicial Salaries.(17) The 
commission's functions are to review once every fourth year the 
salaries of identified federal officials, including

[[Page 703]]

Congressmen, and to submit a report to the President embodying suitable 
budget recommendations.(18)
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17. Postal Revenue and Federal Salary Act of 1967, Pub. L. No. 90-206, 
        61 Stat. 642, Sec. 225 (2 USC Sec. Sec. 351-361).
            In Richardson v Kennedy, 313 F Supp 1282 (W.D. Pa.), aff'd 
        mem., 401 U.S. 901 (1971), the Supreme Court affirmed a lower 
        court decision that a taxpayer lacked standing to attack a 
        congressional pay raise effected by the commission.
18. 2 USC Sec. 356. For the membership of the commission, appointed by 
        the President, the Speaker, the President of the Senate, and 
        the Chief Justice, see 2 USC Sec. 352.
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    Pursuant to the report of the commission in 1969, and to the 
President's budget proposals incorporating its recommendations, the 
congressional salary was increased to $42,500 per annum in 
1969.(19)
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19. Act of Sept. 15, 1969, Pub. L. No. 91-67, Sec. 2, 83 Stat. 107.
            For the President's 1969 salary recommendations, see 34 
        Fed. Reg. 2241 (1969), reprinted at 2 USCA Sec. 358. For the 
        President's message to Congress transmitting his recom 
        mendations and analyzing the commission, see Message from the 
        President, H. Doc. No. 91-51, 91st Cong. 1st Sess.
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Funds for Salary

Sec. 4.2 The House authorized the Clerk by resolution to transfer 
    unexpended funds to the Sergeant at Arms in order to pay the 
    salaries of Members, where the supplemental appropriation bill was 
    pending before the Senate.

    On May 28, 1969, a resolution was called up authorizing the 
transfer of funds left over from 1968 House appropriations and of funds 
for 1969 House appropriations, in order to meet the payroll of the 
House: (20)
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20. 115 Cong. Rec. 14165, 91st Cong. 1st Sess.
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        Mr. [Samuel N.] Friedel [of Maryland]: Mr. Speaker, by 
    direction of the Committee on House Administration, I call up the 
    resolution (H. Res. 425) and ask unanimous consent for its 
    immediate consideration.
        The Speaker: (1) Is there objection to the request 
    of the gentleman from Maryland?
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 1. John W. McCormack (Mass.).
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        There was no objection.
        The Clerk read the resolution, as follows:

                                  H. Res. 425

            Resolved, That the Clerk of the House and Sergeant at Arms 
        be and is hereby directed to pay such sum as may be necessary, 
        from the balance available of the 1968 appropriation and the 
        various funds of the 1969 appropriation, where balances may be 
        available, for the House of Representatives to meet the May and 
        June payroll of Members, officers of the House, and employees 
        of the House. Moneys expended from these funds and/or 
        appropriations by the Sergeant at Arms and the Clerk will be 
        repaid to the funds and/or appropriations from the Sergeant at 
        Arms and Clerk's supplemental appropriation upon its approval.

    The House adopted the resolution, after Mr. Friedel explained that 
the purpose of the resolution was to enable meeting the payroll

[[Page 704]]

of the House for the next month, pending enactment of a supplemental 
appropriation bill containing funds for such payroll.
    Parliamentarian's Note: The resolution was not in fact privileged 
for consideration under Rule XI clause 22, since it did not involve 
payment from the contingent fund of the House.

Salary of Challenged Member-elect

Sec. 4.3 Where a Member-elect was excluded from the House pending an 
    investigation of his right to be sworn, the House by resolution 
    authorized salary and allowances for such Member pending a final 
    determination of his right to the seat.

    On Jan. 10, 1967,(2) the House agreed to House 
Resolution 1, as amended, excluding Member-elect Adam C. Powell, of New 
York, from the House pending an investigation of his right to be sworn. 
The resolution, referring to a select committee the question of his 
right to his seat, permitted Mr. Powell to draw all the pay, 
allowances, and emoluments authorized for Members of the House:
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 2. 113 Cong. Rec. 24, 90th Cong. 1st Sess.
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        Resolved, That the question of the right of Adam Clayton Powell 
    to be sworn in as a Representative from the State of New York in 
    the Ninetieth Congress, as well as his final right to a seat 
    therein as such Representative, be referred to a special committee 
    of nine Members of the House to be appointed by the Speaker, four 
    of whom shall be Members of the minority party appointed after 
    consultation with the minority leader. Until such committee shall 
    report upon and the House shall decide such question and right, the 
    said Adam Clayton Powell shall not be sworn in or permitted to 
    occupy a seat in this House. . . .
        Until such question and right have been decided, the said Adam 
    Clayton Powell shall be entitled to all the pay, allowances, and 
    emoluments authorized for Members of the House.

Sec. 4.4 When affirming the right of a Member-elect to his seat, 
    challenged for improper conduct in past Congresses, the House may 
    provide for punishment by levying deductions from his congressional 
    salary.

    On Jan. 3, 1969, the House authorized by resolution (H. Res. 2) 
challenged Member-elect Adam C). Powell, of New York, to take his 
seat.(3) Clause 2 of House Resolution 2 read as follows:
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 3. 115 Cong. Rec. 34, 91st Cong. 1st Sess.
            For a summary of Mr. Powell's alleged improper conduct in 
        past Congresses, see the remarks of Mr. Gillespie V. Montgomery 
        (Miss.), id. at p. 21.

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[[Page 705]]

        That as punishment Adam Clayton Powell be and he hereby is 
    fined the sum of $25,000, said sum to be paid to the Clerk to be 
    disposed of by him according to law. The Sergeant at Arms of the 
    House is directed to deduct $1,150 per month from the salary 
    otherwise due the said Adam Clayton Powell, and pay the same to 
    said Clerk until said $25,000 fine is fully paid.(4)
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 4. For legal basis for the salary deductions, as based on the 
        constitutional power of the House to punish Members, see the 
        remarks of Mr. Frederick Schwengel (Iowa), id. at pp. 32, 33. 
        Mr. Schwengel also stated that the resolution would not bar 
        civil litigation to recover any moneys found to be due Congress 
        from Mr. Powell. Id. at p. 33.
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Sec. 4.5 Where a challenged Member-elect was declared entitled to a 
    seat following a recount of the votes cast in the election, the 
    House adopted a resolution entitling him to congressional salary 
    from the beginning of the term to which elected.

    On June 14, 1961,(5) the House adopted House Resolution 
339, reported as privileged from the Committee on House Administration, 
declaring that J. Edward Roush, of Indiana, was entitled to a seat in 
the House from the Fifth Congressional District of Indiana. The 
committee had conducted a recount of the votes cast in the election, 
pursuant to House Resolution 1 of the 87th Congress.
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 5. 107 Cong. Rec. 10391, 87th Cong. 1st Sess.
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    The House then adopted House Resolution 340, also reported as 
privileged from the Committee on House Administration, providing that 
Mr. Roush be entitled to compensation, mileage, allowances, and other 
emoluments from the commencement of the term of the 87th Congress (and 
providing suitable compensation for the other contestant for the seat):

        Resolved, That the House of Representatives having considered 
    the question of the right of J. Edward Roush or George O. Chambers, 
    from the Fifth Congressional District of Indiana, to a seat in the 
    House in the Eighty-seventh Congress, pursuant to H. Res. 1, 
    Eighty-seventh Congress, and having decided that the said J. Edward 
    Roush is entitled to a seat in the House in such Congress with the 
    result that the said J. Edward Roush is entitled to receive and 
    will be paid the compensation, mileage, allowances, and other 
    emoluments of a Member of the House from and after January 3, 1961, 
    there shall be paid out of the contingent fund of the House such 
    amounts as are necessary to carry out the provisions of this 
    resolution in connection with such decision of the House, as 
    follows:
        (1) The said George O. Chambers shall be paid an amount equal 
    to compensation at the rate provided by law for Members of the 
    House for the period beginning January 3, 1961, and ending on the 
    date of such decision of the House.

[[Page 706]]

        (2) The said J. Edward Roush and the said George O. Chambers 
    each shall be paid an amount equal to the mileage at the rate of 10 
    cents per mile, on the same basis as now provided by law for 
    Members of the House, for each round trip between his home in the 
    Fifth Congressional District of Indiana and Washington, District of 
    Columbia, in response to the request of the Committee on House 
    Administration for his appearance before the committee in 
    connection with the investigation authorized by H. Res. 1, Eighty-
    seventh Congress.
        (3) The said J. Edward Roush and the said George O. Chambers 
    each shall be reimbursed for those expenses actually incurred by 
    him in connection with the investigation by the Committee on House 
    Administration authorized by H. Res. 1, Eighty-seventh Congress, in 
    accordance with that part of the first section of the Act of March 
    3, 1879 (20 Stat. 400; 2 U.S.C. 226), which provides for payment of 
    expenses in election contests.

Dual Compensation

Sec. 4.6 During World War II, the Sergeant at Arms of the House did not 
    disburse congressional salary to those Members who were presently 
    on leaves of absence and serving in the military.

    In accordance with an opinion given him by the Comptroller General, 
Sergeant at Arms of the House Kenneth Romney, did not pay congressional 
salary to those Members of the House who were during World War II on 
leaves of absence because of service in the armed forces. The action 
was taken because such service was construed as incompatible with House 
service.(6)
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 6. See H. Rept. No. 2037, from the Committee on House Accounts, to 
        accompany H. Res. 512, 79th Cong. 2d Sess. (H. Res. 512 
        authorized the Sergeant at Arms to pay the widow of a deceased 
        ex-Member the difference between his congressional pay and his 
        military pay, where the ex-Member had obtained a leave of 
        absence from the House to serve in the armed forces. In 
        accordance with the practice of the Sergeant at Arms during the 
        war, neither the Member nor his widow could draw full 
        compensation for both positions.)
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Sec. 4.7 The House passed a bill denying extra compensation for any 
    Member appointed as a United Nations representative, thereby 
    avoiding in such cases the prohibition against holding incompatible 
    offices.

    On Dec. 18, 1945, the House was considering a proposed bill to 
provide for the participation of the United States in the United 
Nations.(7) A committee amendment was offered to the bill, 
denying compensation for the position of

[[Page 707]]

representative to the United Nations for any Member who might be 
designated as such representative; the amendment had been drafted in 
order to avoid the possible conflict of a Member holding an 
incompatible office with compensation, under article I, section 6, 
clause 2, of the Constitution.(8) Before the House agreed to 
the amendment,(9) Mr. Sol Bloom, of New York, explained that 
it would not preclude a Member appointed as representative to the 
United Nations from receiving an expense allowance for duties connected 
with that office.(10)
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 7. 91 Cong. Rec. 12267, 79th Cong. 1st Sess.
 8. See the House report on said amendment, H. Rept. No. 1383, 79th 
        Cong. 1st Sess. By removing compensation for the position, if 
        held by a Member, the amendment removed the office from the 
        Supreme Court's definition of an incompatible office, a ``term 
        (which) embraces the ideas of tenure, duration, emoluments, and 
        duties.'' U.S. v Hartwell, 73 U.S. 385, 393 (1868).
 9. 91 Cong. Rec. 12286, 79th Cong. 1st Sess.
10. 91 Cong. Rec. 12281, 79th Cong. 1st Sess.
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Waiver of Salary

Sec. 4.8 When a Member was imprisoned for a criminal offense for a 
    four-month period during a term of Congress, he instructed the 
    Sergeant at Arms to return his salary to the Treasury during that 
    four-month period.

    On May 3, 1956, Mr. Thomas A. Lane, of Massachusetts, requested by 
letter the Sergeant at Arms of the House to return his congressional 
salary covering the period from May 7, 1956, to Sept. 7, 1956, to the 
Treasury of the United States. During that four-month period, Mr. Lane 
served a criminal sentence for income tax evasion.(11)
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11. See U.S. v Lane, United States District Court for Massachusetts, 
        Criminal No. 56-51-W.
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Sec. 4.9 A Senator-elect who continued to hold an incompatible office 
    beyond the convening of Congress waived his congressional salary up 
    to the time he resigned that office and took the oath.

    Jacob K. Javits, Senator-elect from New York, did not appear on 
Jan. 3, 1957, the opening day of the 85th Congress, to take the oath 
with the rest of the Senate, but was administered the oath on Jan. 9, 
1957.(12) No objection was made to the administration of the 
oath to Mr. Javits, although he did not resign from his position as 
attorney general of the State of

[[Page 708]]

New York until the day he appeared to take the oath of office in the 
Senate.(13) Mr. Javits waived his congressional salary for 
the period prior to his taking of the oath.(14)
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12. 103 Cong. Rec. 340, 85th Cong. 1st Sess.
13. Biographical Directory of the American Congress 1774-1971, S. Doc. 
        No. 92-8 pp. 1183, 1184, 92d Cong. 1st Sess. (1971).
14. Senate Manual Sec. 863 (1971) (statistical section).
            An early opinion of the Attorney General proposed that 
        until taking the oath a Representative-elect could receive 
        salary for both his congressional position and his incompatible 
        office. 14 Op. Att'y Gen. 408 (1874), cited at 2 USCA Sec. 25.
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Retirement, Health, and Insurance Benefits

Sec. 4.10 Members are eligible for Civil Service retirement, health, 
    and insurance benefits.

    Members of Congress may elect to participate in a Civil Service 
Retirement System, initiated for them by the Legislative Reorganization 
Act of 1946.(15) To fund the optional program, deductions 
are made from the Member's congressional salary.(16) Members 
may also elect to receive life and health insurance.(17)
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15. Pub. L. No. 79-601, 60 Stat. 850, Ch. 753, Sec. 602, Aug. 2, 1946, 
        codified in 5 USC Sec. 8331(2). A Member or Delegate must give 
        notice in writing to the official by whom paid in order to 
        become subject to retirement.
16. 5 USC Sec. 8334. As of 1973, the deduction was eight percent of 
        salary. To be eligible for benefits, an ex-Member must be at 
        least 62 years old and have completed at least five years 
        civilian service or be at least 60 years old and have completed 
        10 years Member service. 5 USC Sec. 8336(f).
            There is no mandatory retirement age for Members of 
        Congress. See 5 USC Sec. 8335.
17. 5 USC Sec. 8901-8905 (health); 5 USC Sec. Sec. 8701, 8702 (life).
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Sec. 4.11 Where Members were shot by persons in the House Gallery, the 
    House adopted a resolution paying from the contingent fund amounts 
    to defray hospital, medical, and nursing expenses in the treatment 
    of their injuries.

    On Mar. 4, 1954,(18) the House authorized by resolution 
that there be paid out of the contingent fund of the House necessary 
amounts to defray the medical expenses and the treatment of injuries of 
those Members of the House who were hit by bullets fired by several 
occupants of the House galleries on Mar. 1, 1954. Mr. Charles A. 
Halleck, of Indiana, delivered remarks in explanation of the 
resolution:
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18. 100 Cong. Rec. 2709, 83d Cong. 2d Sess.
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        Mr. Halleck: Mr. Speaker, I ask unanimous consent for the 
    immediate consideration of House Resolution 456.

[[Page 709]]

        The Clerk read as follows:

            Resolved, That there shall be paid out of the contingent 
        fund of the House such amounts as may be necessary to defray 
        hospital, medical, and nursing expenses in the treatment of 
        injuries incurred in the House of Representatives by its 
        Members during the session of the House on March 1, 1954.

        The Speaker: (19) Is there objection to the present 
    consideration of the resolution?
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19. Joseph W. Martin, Jr. (Mass.).
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        Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, reserving the right 
    to object, and of course I am not going to, will the gentleman from 
    Indiana explain the resolution?
        Mr. Halleck: Mr. Speaker, this resolution was introduced by our 
    colleague from Michigan [Mr. Cederberg], a very close friend of one 
    of our colleagues who was injured the other day.
        The purpose of the resolution is to provide for payment out of 
    the contingent fund of the House of the necessary medical and 
    hospital expenses for our five colleagues who were so tragically 
    wounded on the House floor the other day. They were here on duty in 
    the House of Representatives. It seems to me and to everyone with 
    whom I have discussed this matter it is only fair and right that 
    the hospital and medical expenses which they are incurring in the 
    treatment of their wounds be borne out of the contingent fund of 
    the House of Representatives.
        Mr. Rayburn: Mr. Speaker, I withdraw my reservation.
        The Speaker: Is there objection to the request of the gentleman 
    from Indiana [Mr. Halleck]?
        There was no objection.

Salary of Deceased Member

Sec. 4.12 The Committee on the Judiciary and not on House 
    Administration has jurisdiction of resolutions providing that the 
    Comptroller General approve payment of the claim of the estate of a 
    former Member for salary due to such former Member.

    On Aug. 5, 1954,(20) Mr. Carl M. LeCompte, of Iowa, 
asked unanimous consent that House Resolution 301 (below) be rereferred 
from the Committee on House Administration to the Committee on the 
Judiciary, since the resolution had the elements of a claim. There was 
no objection.
---------------------------------------------------------------------------
20. 100 Cong. Rec. 13469, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

    House Resolution 301 reads as follows:

        Resolved, That in order to enable the Comptroller General to 
    certify for payment, under the provisions of 31 USC Sec. 712b, the 
    claim of the estate of the late James M. Hazlett, a Member of the 
    Seventieth Congress, who took office on March 4, 1927, and who 
    resigned therefrom effective October 20, 1927, for the sum of 
    $6,305.42, which sum represents the salary due and unpaid Mr. 
    Hazlett for such period of service, the Speaker is hereby 
    authorized, in pursuance of the provisions of 2 USC Sec. 48, to 
    certify the proper salary

[[Page 710]]

    certificates covering such period of congressional service.

    In the next Congress, on June 20, 1955,(1) unanimous 
consent was granted that House Resolution 269, authorizing payment of 
the salary due to Mr. Hazlett, deceased, be referred to the Committee 
on the Judiciary.
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 1. 101 Cong. Rec. 8757, 84th Cong. 1st Sess.
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Sec. 4.13 On one occasion, the House paid to the widow of an ex-Member 
    the difference between his past due congressional pay and his 
    military pay, where he had obtained a leave of absence to enter the 
    military and later resigned his House seat to remain in the 
    service.

    On May 14, 1946,(2) the House adopted the following 
resolution:
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 2. 92 Cong. Rec. 4998, 79th Cong. 2d Sess.
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        Resolved, That the Sergeant at Arms of the House of 
    Representatives is hereby authorized and directed to pay to 
    Catherine L. Harrington the sum of $2,448.76, which sum represents 
    a difference between the congressional pay and military pay of her 
    late husband, Vincent F. Harrington, a member of the Seventy-
    seventh Congress, who obtained a leave of absence therefrom, 
    effective May 8, 1942, to enter the military service, and who 
    resigned his congressional office on September 4, 1942.

    In House Report No. 2307, accompanying the resolution, it was 
indicated that the resolution was drafted to comply with the practice 
of the Sergeant at Arms of the House during World War II of not 
disbursing congressional salary to those Members who took leaves of 
absence to serve in the military.(3)
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 3. See Sec. 4.6, supra.
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