Taxpayer Group Asks Lawmakers Seeking Higher Office: Follow the Law, Forfeit Salaries for Days Campaigning

6/9/2003

From: Pete Sepp, John Berthoud, or Maureen Tell of the National Taxpayers Union, 703-683-5700

ALEXANDRIA, Va., June 9 -- As campaign season heats up and more Senators and Representatives launch their bids for higher office, a citizen group is asking them to refund their official taxpayer-financed salaries for days they're seeking votes at the polls instead of casting votes in Washington. According to the 350,000-member National Taxpayers Union (NTU), an obscure federal statute still on the books requires lawmakers who are absent from Congress to forfeit their pay unless they or a family member are ill.

"Many taxpayers believe it is unfair to subsidize the salaries of Members of Congress running for other offices," said NTU President John Berthoud. "Yet, not only is the practice unfair, it also directly contradicts established federal law."

Last week NTU sent letters to 13 lawmakers who are running for President, governor, or (in the case of House members) the U.S. Senate, in an effort to make them aware of a "long-standing statute (that) requires Members of Congress to forgo pay for days missed due to campaign appearances or other unexcused absences." House and Senate leaders were also copied on the letter.

According to 2 U.S. Code 39, "The Secretary of the Senate and the Chief Administrative Officer 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."

Under 2 U.S. Code 48, the President of the Senate and the Speaker of the House are responsible for certifying the salary accounts of Senators and Representatives, and so must make a good faith inquiry into whether Section 39 deductions are in order.

The 13 office-seekers were also provided with a memorandum authored by attorney Bruce Fein, which discussed the validity and requirements of the law. Fein's research determined that enforcement of 2 U.S. Code 39, originally enacted in 1856, has been "erratic," but the fact that it was amended in minor respects as recently as 1996 "reaffirm(s) a Congressional belief in its continued legal vitality."

NTU is recommending that if Congressional leaders won't institute procedures to implement the law, then those running for higher office should do so on their own, by voluntarily requesting a salary deduction or by writing a check to the Treasury equal to the cost of campaign-related absences. The group suggests that an amount of $616.33 per day is appropriate (reflecting the annual Congressional salary of $154,700 divided by 251 workdays, not counting 10 federal holidays).

"If the average American skipped days of work in order to look for another job, they wouldn't be paid," Berthoud concluded. "Why should Members of Congress be treated differently?"

NTU is a non-partisan citizen group working for lower taxes, less wasteful spending, and accountable government at all levels. Note: Copies of the letter to Senators and Representatives (listing recipients at the end), along with the legal memorandum, are available online at http://www.ntu.org.