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| Numerous Congress Members May Have Received Illegal Congressional Pay in 2003-2004 |
| 2005-06-12 |
| Many current or former Senators and Representatives appear to have taken illegal Congressional salary payments during the current Congress, prior to the October recess. The chronically absent list is well-represented by candidates who ran for higher office, including those who ran for President or Vice President: Senators John Edwards (D-NC), Bob Graham (D-FL), John Kerry (D-MA), and Joseph Lieberman (D-CT), and Congressmen Richard Gephardt (D-MO) and Dennis Kucinich (D-OH). Senate candidates Brad Carson (D-OK), Mac Collins (R-GA), Jim DeMint (R-SC), Pete Deutsch (D-FL), Joseph Hoeffel (D-PA), Johnny Isakson (R-GA), Chris John (D-LA), Denise Majette (D-GA), George Nethercutt (R-WA), and Patrick Toomey (R-PA), who have served in the House during 2003 — 2004, also had numerous unexcused absences. In 2003 now-Kentucky Governor and former Representative Ernie Fletcher (R) missed 27 session days. Federal law requires Members of Congress to forgo Congressional pay for days missed due to campaign appearances or other unexcused absences. In June 2003 National Taxpayers Union wrote to each of the six Presidential candidates serving in Congress to ask whether they planned "to voluntarily follow this law during your campaign." None of the candidates replied. Here are the estimated salary overpayments made to each of the six Presidential and/or Vice Presidential candidates: Senator John Edwards was absent for every vote during 52 of the 115 days when the Senate cast floor votes in 2003. In 2004, Senator Edwards missed every vote during the months of July, September, and October — a total of 59 consecutive votes. Senator Edwards' 50 absent days in 2004 equal an estimated salary overpayment of $63,543.16. Representative Richard Gephardt was absent for every vote during 85 of the 109 days when the House cast floor votes in 2003. Gephardt compiled many streaks of consecutively missed votes, including all votes from April 10 to May 8, June 2 to June 24, September 9 to October 1, and October 20 to November 20, when he missed 93 votes in a row. In 2004 Gephardt was absent for 46 days. Representative Richard Gephardt's total estimated salary overpayment: $81,362.53. Senator Bob Graham's 41 absences in 2003 add up to an estimated salary overpayment of $25,269.53. Senator John Kerry was absent for every vote during 76 of the 115 days when the Senate cast floor votes in 2003. The Senator's longest streak of missed votes in 2003 ran from July 11 to September 9, when he missed 62 in a row. For 2004, Senator Kerry was absent for every vote during the months of July, September, and October — and compiled a total of 76 consecutive votes missed from June 23 through October 11. Kerry's absences for 2004 total 70 days. Senator John Kerry's estimated salary overpayment: $90,932.68. Representative Dennis Kucinich was absent for every vote during 28 days in 2004, but did not meet the study's missed-votes threshold for 2003. Representative Dennis Kucinich's estimated salary overpayment: $17,636.64. Senator Joseph Lieberman was absent for every vote during 63 of the 115 days when the Senate cast floor votes in 2003. Lieberman skipped 54 percent of all the votes. Notably, Lieberman was first elected to the Senate after criticizing the incumbent for missing too many votes. Lieberman's longest lineup of missed votes ran from July 10 to July 29, when he missed 43 votes. Senator Joseph Lieberman's estimated salary overpayment: $38,828.79. All Members of Congress who are included in this report are noted in the table below: see link for table of 2003 and 2004 data The Law According to 2 U.S. Code 39, "The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives), respectively, shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the Senate or House, respectively, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family." In 1981, and again in 1996, this provision in the law was amended in unimportant respects, thus reaffirming a Congressional belief in its continued legal vitality. It therefore seems indisputable that Section 39 is binding on all Members of Congress. The candidates have a duty to comply with this law. The Code of Ethics for Government Service says, "Any Person in Government service should ... uphold the Constitution, laws, and legal regulations ... and never be party to their evasion." The House Ethics Manual also notes that if a Member violates any "provision of statutory law, a Member or employee may also violate these provisions of the House rules and standards of conduct." House Rule 23, clauses 1 and 2 state: 1.) A Member, Delegate, Resident Commissioner, officer, or employee of the House shall conduct himself at all times in a manner that shall reflect creditably on the House. 2.) A Member, Delegate, Resident Commissioner, officer, or employee of the House shall adhere to the spirit and the letter of the Rules of the House and to the rules of duly constituted committees thereof. Both House and Senate ethics rules contain strict prohibitions against the use of official resources for campaigns. Paying Congress Members to miss work is unfair to other candidates who usually campaign without pay. If any of the other candidates worked for a corporation that gave a paid leave of absence for campaigning for President, the Federal Election Commission would impose a stiff fine for an illegal corporate contribution. The records of the House show that in 1971 then-Congressman Edwards of Louisiana, someone not known for high ethical standards, took action to ensure that he was in compliance with this law when he did not attend House sessions during his campaign for Governor. Methodology We studied those Members of Congress who were absent for a high percentage of votes, over 15 percent, for 2003 and 2004. Each year's absences were studied independently; thus, in order for a Member to have absences noted for both 2003 and 2004, they would need to exceed the study's threshold each year. If a lawmaker was present for even one floor vote during a session day, credit for full attendance that day was assumed. The study only counted absences if every floor vote was missed during a day. We performed a computer search of the Congressional Record to determine whether any of the House candidates had received a leave of absence for any reason, even those not authorized by law. If a leave was granted, no salary overpayment was calculated. Senators' requests for leave are not stated in the Congressional Record. We also inquired with the offices of each absent Senator and Representative to determine which, if any, days were for absences provided by the law. We updated our records to reflect any information from lawmakers who replied. Furthermore, we conducted independent research of online media sources for each lawmaker to ascertain whether illness or surgery may have accounted for any absences. Those lawmakers who still had more than 10 days of absences remaining after these examinations are included in this report. To estimate the amount of salary to deduct for each day missed, we divided the 2003 annual Congressional salary of $154,700 by 251, since there are 261 weekdays per year, and 10 federal holidays. That calculation yields a Congressional salary of $616.33 per day. In 2004, a leap year with an added workday, an added holiday for Ronald Reagan's funeral, and a higher salary of $158,100, the per-day deduction was $629.88. This is a conservative estimate of the overpayment. Others have suggested that the docking of congressional pay should be based on the number of session days. Such a calculation would yield a substantially higher overpayment estimate for each candidate. For example, under such a formula, Representative Gephardt's overpayment would have exceeded $122,000 in 2003. Data citing missed votes that was used to perform the calculations was obtained from the respected Congressional Observer Publications (http://www.proaxis.com/cop/), a Congressional vote data service widely used by educational institutions and media outlets. Individual reports, detailing the dates on which a Member missed every vote, are available upon request. I read a summary of this in the Atlantic, which cited the full report. |
| Posted by:too true |
| #1 There's something called Garnishee, isn't there? Garnish their paychecks like a dead beat dad's is. |
| Posted by: Ptah 2005-06-12 19:23 |