	Introduction

The automatic annual adjustment for Members of Congress is determined by a formula using a component of the Employment Cost Index (ECI), which measures rate of change in private sector pay. The adjustment automatically takes effect unless (1) Congress statutorily prohibits the adjustment; (2) Congress statutorily revises the adjustment; or (3) the annual base pay adjustment of General Schedule (GS) federal employees is established at a rate less than the scheduled increase for Members, in which case the percentage adjustment for Member pay is automatically lowered to match the percentage adjustment in GS base pay. 115-244 , enacted September 21, 2018, included the pay freeze provision. 115-90 , through December 22, 2017; P.L. 115-120 , through February 8, 2018; and P.L. 115-123 , through March 23, 2018. P.L. Any other action related to pay for Members of Congress that occurred during that calendar year is also listed. 114-254 ). 114-113 ). 113-235 ). Although discussion of Member pay is often associated with appropriations bills, the legislative branch bill does not contain language funding or increasing Member pay, and a prohibition on the automatic Member pay adjustments could be included in any bill, or be introduced as a separate bill. The Continuing Appropriations Act, 2014 ( P.L. 113-46 , Section 146, enacted October 17, 2013), prohibited the scheduled 2014 pay adjustment for Members of Congress. It was signed by the President on September 28, 2012 ( P.L. 112-175 . 8 , the American Taxpayer Relief Act of 2012, which was enacted on January 2, 2013 ( P.L. It was enacted on February 4, 2013 ( P.L. 111-165 ) on May 14, 2010. Additionally, P.L. 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 Twenty-seventh 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. Actions to Deny the Scheduled 2010 Member Pay Increase

This adjustment was denied by Congress through a provision included in the FY2009 Omnibus Appropriations Act, which was enacted on March 11, 2009. 2009

Under the formula established in the Ethics Reform Act, Members received a pay adjustment in January 2009 of 2.8%, increasing salaries to $174,000. Actions Related to the Scheduled Annual Adjustment for 2001

Under the Ethics Reform Act, Members originally were scheduled to receive a January 2001 annual pay adjustment of 3.0%. The salary for Senators and Representatives remained $136,700. This did not preclude an amendment from being offered on the floor to challenge the prohibition. 07/22/97 —The Senate passed (99-0, vote 191) S. 1023 with the provision prohibiting the annual adjustment for Members of Congress. Actions on Annual Adjustment Scheduled for 1996

P.L. Actions on Annual Adjustment Scheduled for 1995

P.L. This amendment would prohibit pay for Members of Congress and the President during a lapse in appropriations. 1991

Representatives and Senators received a 3.6% pay increase in January 1991 pursuant to the annual adjustment procedure established in Section 704 of the Ethics Reform Act ( P.L.
Article I, Section 6, of the U.S. Constitution requires that compensation for Members of Congress be "ascertained by law, and paid out of the Treasury of the United States."
Congress has relied on three different methods in adjusting salaries for Members. Specific legislation was last used to provide increases in 1990 and 1991. It was the only method used by Congress for many years.
The second method, under which annual adjustments took effect automatically unless disapproved by Congress, was established in 1975. From 1975 to 1989, these annual adjustments were based on the rate of annual comparability increases given to the General Schedule (GS) federal employees. This method was changed by the 1989 Ethics Act to require that the annual adjustment be determined by a formula based on certain elements of the Employment Cost Index (ECI). Under this revised process, annual adjustments were accepted 13 times (scheduled for January 1991, 1992, 1993, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2008, and 2009) and denied 16 times (scheduled for January 1994, 1995, 1996, 1997, 1999, 2007, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019).
Since January 2009, the salary for Members of Congress has been $174,000. Subsequent adjustments were denied by P.L. 111-8 (enacted March 11, 2009), P.L. 111-165 (May 14, 2010), P.L. 111-322 (December 22, 2010), P.L. 112-175 (September 28, 2012), P.L. 112-240 (January 2, 2013), P.L. 113-46 (October 17, 2013), P.L. 113-235 (December 16, 2014), P.L. 114-113 (December 18, 2015), P.L. 114-254 (December 10, 2016), P.L. 115-141 (March 23, 2018), and P.L. 115-244 (September 21, 2018).
Although provisions prohibiting the annual adjustment often appear in appropriations acts, both the automatic annual adjustments and funding for Members' salaries are provided pursuant to other laws (2 U.S.C. §4501)—not the annual appropriations bills—and a provision prohibiting the scheduled adjustment could be included in any bill, or introduced as a separate bill.
A third method for adjusting Member pay is congressional action pursuant to recommendations from the President, based on the recommendations of the Citizens' Commission on Public Service and Compensation established in the 1989 Ethics Reform Act. Although the Citizens' Commission was to have convened in 1993, it did not and has not met since then.
This report contains information on actions taken affecting each pay year since the establishment of the Ethics Reform Act adjustment procedure. It also provides information on other floor action related to pay for Members of Congress.
CRS Report 97-1011, Salaries of Members of Congress: Recent Actions and Historical Tables, by Ida A. Brudnick, has additional information on the rate of pay for Members of Congress since 1789; recent proposals to change Member pay; the adjustments projected by the Ethics Reform Act as compared with actual pay adjustments; details on enacted legislation with language prohibiting the automatic annual pay adjustment; and Member pay in constant and current dollars since 1992.
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 retirement benefit requirements, contributions, and formulas, see CRS Report RL30631, Retirement Benefits for Members of Congress, by Katelin P. Isaacs.