Members' Congressional Handbook
Table of Contents
INTRODUCTION
During
each session of Congress, each Member has a single Members'
Representational Allowance (MRA) available to support
the conduct of official and representational duties
to the district from which elected. Ordinary and necessary
expenses incurred by the Member or the Member's employees
within the United States, its territories, and possessions
in support of the conduct of the Member's official and
representational duties to the district from which elected
are reimbursable in accordance with the regulations
contained in this Members' Congressional Handbook.
Ordinary
and necessary means reasonable expenditures in support
of official and representational duties to the district
from which elected that are consistent with all applicable
federal laws, Rules of the House of Representatives,
and regulations of the Committee on House Administration.
The following
regulations of the Committee on House Administration,
collectively known as the Members' Congressional Handbook
(Handbook), govern all expenditures from the MRA.
The Handbook
regulations are guidelines that assist Members in determining
whether expenses are reimbursable. Therefore, the Handbook
contains broad descriptions of reimbursable expenses,
but is not an exhaustive list of such expenses.
Questions
about reimbursement of an expense should be directed
to the Committee on House Administration at x58281 prior
to incurring the expense.
Reimbursement
will not be allowed for expenses that are specifically
prohibited.
For all
questions relating to equipment and equipment-related
issues, refer to the User's Guide to Purchasing Equipment,
Software, and Related Services, available from the Committee
on House Administration.
Routine
administrative requests (equipment, computer services,
etc.) should be directed to the appropriate administrative
offices under the Chief Administrative Officer (CAO).
For further information relating to any of the CAO's
services, please refer to the CAO's Web site on the
Intranet (http://onlinecao.house.gov/) or call First
Call/One Call at x58000.
MEMBERS'
REPRESENTATIONAL ALLOWANCE
General
When an expense is incurred, the Member must determine
the primary purpose for the expenditure. Is the primary
purpose for the expenditure official and representational?
Or is it primarily related to personal, political, campaign,
or committee activities? Only expenses the primary purpose
of which are official and representational and which
are incurred in accordance with the Handbook are reimbursable.
1. The
MRA may only be used for official and representational
expenses.
2. A
Member may expend personal funds in support of his official
and representational duties.
3. The
MRA may not be used to pay for any expenses related
to activities or events which are primarily social in
nature.
4. The
MRA may not pay for personal expenses.
5. The
MRA may not pay for campaign expenses.
6. The
MRA may not pay for political expenses.
7. The
MRA may not pay for committee expenses.
8. Committee
resources may not pay for a Member's official and representational
expenses.
9. Campaign
funds may not pay for a Member's official and representational
expenses.
10. A
Member may not maintain, or have maintained for his
use, an unofficial office account for the purpose of
defraying or reimbursing ordinary and necessary expenses
incurred in support of a Member's official and representational
duties.
11. A
Member may not accept from any private source in kind
support having monetary value for an official activity.
12. Only
appropriated funds, not personal or unofficial funds,
may be used to pay for mail sent under the frank.
13. Each
Member is personally responsible for the payment of
any official and representational expenses incurred
that exceed the provided MRA or that are incurred but
are not reimbursable under these regulations.
14. Unless
specifically authorized by an applicable provision of
federal law, House Rules, or Committee Regulations,
no Member, relative of the Member, or anyone with whom
the Member has a professional or legal relationship
may directly benefit from the expenditure of the MRA.
15. The
MRA is available for services provided and expenses
incurred from January 3 of one year through January
2 of the following year. All expenses incurred will
be charged to the allowance available on the date the
services were provided or the expenses were incurred.
16. The
MRA is not transferable between years.
17. Requests
to obligate prior year's funds after January 2 of the
succeeding year will be considered by the Committee
when a Member provides documentation demonstrating a
bona fide intent to obligate the prior year's funds
during the applicable year.
Budgeting
and Disclosure
The Committee recommends that each Member establish
an annual budget for the MRA. To assist in this process,
the Office of Finance sends each Member monthly statements
showing year-to-date expenditures and obligated amounts.
The quarterly expenditures reflected in these statements
are compiled and published as the Quarterly Statement
of Disbursements, which is a public document.
Disbursements
Disbursements from the MRA are made on a reimbursable
or direct payment basis and require specific documentation
and Member certification as to accuracy and compliance
with applicable federal laws, House Rules, and Committee
Regulations.
Reimbursements
and payments from the MRA may be made only to the Member,
the Member's employees, or a vendor providing services
to support the operation of the Member's offices.
See Disbursements
(42).
Incidental
Use
Incidental personal use of equipment and supplies owned
or leased by, or the cost of which is reimbursed by,
the House of Representatives is permitted only when
such use is negligible in nature, frequency, time consumed,
and expense.
For example,
limited use of government resources to access the Internet,
to send or receive personal e-mail, or to make personal
phone calls is permissible, so long as the use meets
the above criteria, and otherwise conforms with the
Regulations of the Committee on House Administration
and the Code of Official Conduct (House Rule XXIV).
A Member
office may adopt a more restrictive incidental use policy.
Overspending
Each member is personally responsible for the payment
of any official and representational expenses incurred
that exceed the provided MRA. If a Member incurs an
obligation to the U.S. House of Representatives and
the amount of the obligation incurred exceeds the MRA,
the Member shall pay the obligation from personal funds.
If the Member fails to pay the obligation voluntarily,
the CAO will deduct the amount owed from any pay, mileage,
or expense money due to the Member in the case of a
sitting Member or through an administrative offset or
legal action in the case of a former Member. The Office
of Finance will notify a Member if that Member is projected
to overspend the MRA.
Contact
the Office of Finance at x57474 or the Committee on
House Administration at x58281 for assistance with accounting
and budgeting.
Telecommuting
Ordinary and necessary telecommuting expenses incurred
in compliance with the Committee on House Administration
telecommuting policy are reimbursable. Offices may obtain
a copy of the Telecommuting policy and agreement by
clicking
here.
STAFF
General
Each Member is the employing authority; the Member determines
the terms and conditions of employment and service for
their staff. These terms and conditions must be consistent
with applicable federal laws and House Rules.
1. Personnel
actions affecting employment positions in the House
of Representatives must be free from discrimination
based on race, color, national origin, religion, sex
(including marital or parental status), service in the
military, disability, or age.
2. A
Member may not retain an employee on the Member's payroll
who does not perform official duties commensurate with
the compensation received for the offices of the employing
authority. (House Rule XXIV, clause 8(a)).
3. Employee
means an individual appointed to a position of employment
in the House of Representatives by an authorized employing
authority including individuals receiving pay disbursed
by the CAO and individuals in a Leave Without Pay or
Furlough status.
4. Staff
means all individuals including employees, fellows,
unpaid interns, and volunteers who serve in the office
of a Member.
5. Annual
rates of pay may not exceed the amount specified in
the Speaker's Pay Order.
6. Total
compensation in any month including any lump sum and
regular pay (including cash reimbursement for accrued
annual leave) may not exceed 1/12th of the maximum rate
of pay specified in the Speaker's Pay Order.
7. Retroactive
pay adjustments are not authorized.
8. Government
contributions to retirement, life insurance, Thrift
Savings Plan, and health benefits programs are not charged
to the MRA.
9. Each
month, Member Offices receive a Payroll Certification
Form from the Office of Human Resources that lists the
annual pay and gross pay earned for each employee. If
an employee is a relative of a current Member of Congress,
the nature of the relationship to the Member must be
noted on the Payroll Certification Form. The Member
must certify the information and return the form to
the Office of Human Resources no later than the 18th
day of the month. Contact Human Resources at x51435
for payroll forms.
Categories
of Staff
Employee
Ceiling
Under 2 U.S.C. § 92 each Member of the House of Representatives
may employ 18 permanent employees and 4 additional employees.
The 4 additional employees must be appointed to one
of the following categories:
1. Interns
2. Part-time
employees
3. Shared
employees
4. Temporary
employees
5. Employees
on leave without pay
Employees
The term employee means an individual appointed to a
position of employment in the House of Representatives
by an authorized employing authority including individuals
receiving pay disbursed by the CAO and individuals in
a Leave Without Pay or Furlough status.
Interns
Interns, paid or unpaid, must perform services for the
Member as part of a demonstrated educational plan. Each
Member is responsible for determining the activities
of the Member's interns.
Paid
interns may work for no more than 120 days in a 12-month
period and are not employees for purposes of compliance
with the minimum wage and overtime provisions of the
Fair Labor Standards Act. The
gross annual rate of intern pay ($21,600) is established
by the Committee on House Administration. For
the current applicable rate, contact the Committee on
House Administration at x58281.
In regard
to unpaid interns, Members must comply with the rules
and regulations established by the Committee on Standards
of Official Conduct (x57103).
Interns
are ineligible for the following benefits:
1. Federal
Employees' Retirement System
2. Federal
life insurance
3. Federal
health insurance
4. Thrift
Savings Plan
Part-time
Employees
The term part-time employee means an individual who
is employed by the Member and whose normally assigned
work schedule is not more than the equivalent of 15
full working days per month.
Temporary
Employees
The term temporary employee means an individual who
is employed for a specific purpose or task and who is
employed for not more than 90 days in a 12-month period,
except that the term of such employment may be extended
with the written approval of the Committee on House
Administration.
Temporary
employees are ineligible for the following benefits:
1. Federal
Employees' Retirement System
2. Federal
life insurance
3. Federal
health insurance
4. Thrift
Savings Plan
Shared
Employees
The term shared employee means an employee who is paid
by more than one employing authority of the House of
Representatives.
1. Two
or more employing authorities of the House may employ
an individual.
2. Such
shared employees must work out of the office of an employing
authority, but are not required to work in the office
of each employing authority. The pay from each employing
authority shall reflect the duties actually performed
for each employing authority. The name, title, and pay
of such an individual will appear on each employing
authority's Payroll Certification. Such employees may
not receive pay totaling more than the highest rate
of basic pay in the Speaker's Pay Order applicable to
the positions they occupy.
3. Employees
may not be shared between a Member or Committee office
and the office of an Officer of the House if the employee,
in the course of duties for an Officer, has access to
the financial information, payroll information, equipment
account information, or information systems of either
Member, Committee, or Leadership offices.
See Dual
Compensation (10).
Employees
on Leave Without Pay
See Leave Without Pay (14).
Annuitants
Civilian
Annuitant
If a Member employs a Federal civil service annuitant,
the amount of the annual annuity, when added to the
annual rate of pay at which the employee is to be paid
by the Member, may not exceed the highest rate of basic
pay as authorized by the Speaker's Pay Order. The combined
total of the civil service annuity and the amount of
the salary will be charged to the MRA.
Waivers
Member offices will not be granted waivers of applicable
annuity reductions or pay reductions.
Consultants
Only committees are authorized, pursuant to 2 U.S.C.
§ 72a, to procure the temporary services of consultants.
Consultants
are not authorized for Member Offices.
Contractors
Members may contract with firms or individuals only
for general, non-legislative, office services (e.g.
equipment maintenance, systems integration, data entry,
staff training, photography, custodial services) for
a specific, limited period not to exceed the Member's
term. Such contracts are reimbursable. Such contractors
are not employees of the House and are ineligible for
government-provided benefits.
Contractors
do not count against the Member's Employee Ceiling.
Members
are advised to consult the Committee on House Administration
when entering into such contracts.
See Custodial
Services (23), Educational Expenses (16), Interpreting
and Translation Services (18), Temporary Agencies (7),
and Web Sites (36).
Detailees
The term detailee means a non-Congressional federal
employee assigned to a committee for a period of up
to one year.
Detailees
may not be assigned to a Member office (2 U.S.C. §72a(f)).
Fellows
The term fellow means an individual performing services
in a House office on a temporary basis as part of an
established mid-career education program while continuing
to receive the usual compensation from his or her sponsoring
employer.
Fellows
may be assigned to a Member office.
Fellows
do not count against the Member's Employee Ceiling.
The use
of fellows is subject to regulations established by
the Committee on Standards of Official Conduct. Contact
the Committee on Standards of Official Conduct at x57103.
Temporary
Agencies
Ordinary and necessary expenses related to services
provided by an individual employed by a temporary agency
are reimbursable if the following conditions are met:
1. Payment
for such services is commensurate with the official
duties performed by the individual.
2. Such
an individual remains an employee of the agency and
is not eligible for pay, benefits, rights, or privileges
available to House employees.
3. The
total of such individuals and employees may not exceed
22 individuals.
See Contractors
(7).
Volunteers
The term volunteer means an individual performing services
in a House office without compensation from any source.
The voluntary
service should be of significant educational benefit
to the participant and such voluntary assistance should
not supplant the normal and regular duties of paid employees.
Volunteers
should be required to agree, in advance and in writing,
to serve without compensation. (31 U.S.C. § 1342 &
Comp. Gen. Op. B69907).
Volunteers
do not count against the Member's Employee Ceiling.
The use
of volunteers is subject to regulations established
by the Committee on Standards of Official Conduct. Contact
the Committee on Standards of Official Conduct at x57103.
Employment
Law
Congressional
Accountability Act
Pursuant to the Congressional Accountability Act House
employing offices are accountable under the following
laws:
1. Fair
Labor Standards Act of 1938
2. Title
VII of the Civil Rights Act of 1964
3. The
Americans with Disabilities Act of 1990
4. The
Age Discrimination in Employment Act of 1967
5. The
Family and Medical Leave Act of 1993
6. The
Employee Polygraph Protection Act of 1988
7. Worker
Adjustment and Retraining Notification Act
8. The
Rehabilitation Act of 1973
9. Veterans'
Reemployment Rights
10. Federal
Labor-Management Relations
11. The
public service and accommodations provisions of the
Americans with Disabilities Act
12. The
Occupational Safety and Health Act of 1970
The Office
of Compliance has published A Guide to the Congressional
Accountability Act of 1995, which is available from
the Office of Compliance, Room LA-200, John Adams Building,
Library of Congress, Washington, D.C. 20540-1999, (202)
724-9250. The Office of Compliance also provides materials
that employing offices can use to notify employees of
their rights and protections under the CAA.
A Model
Employee Handbook providing sample office policies to
assist in developing an organization that complies with
applicable laws and House Rules is available on the
House Intranet Web Site: http://intranet.house.gov/
The Office
of House Employment Counsel is available to provide
advice and guidance on employment matters generally,
and on establishing office policies consistent with
these laws, x57075.
Nepotism
1. Under the federal statute prohibiting nepotism (5
U.S.C. § 3110) the term public official includes: a
Member, an employee and any other individual, in whom
is vested the authority by law, rule, or regulation,
or to whom the authority has been delegated, to appoint,
employ, promote, or advance individuals, or to recommend
individuals for appointment, employment, promotion,
or advancement.
2. Such
a public official may not appoint, employ, promote,
advance or advocate for appointment, employment, promotion,
or advancement in or to a position in the office in
which that public official is serving or over which
that public official exercises jurisdiction or control
any individual who is a relative of that public official.
3. Every
employee must certify relationship to any Member of
Congress on a certificate of relationship form available
from Human Resources. If, at any time, the relationship
of an employee to any current Member of Congress changes
the employee must file an amended certificate of relationship
form with the employing office. Contact Human Resources
at x51435 for such forms.
4. Individuals
with the following relationship to the Member may not
be employed by the Member:
Aunt
Half-sister
Son-in-law
Brother
Husband
Stepbrother
Brother-in-law
Mother
Stepdaughter
Daughter
Mother-in-law
Stepfather
Daughter-in-law
Nephew
Stepmother
Father
Niece
Stepsister
Stepson
Father-in-law
Sister
First cousin
Sister-in-law
Uncle
Half-brother
Son
Wife
However,
if a House employee becomes related to the employing
Member (by marriage) the employee may remain on the
Member's personal or committee payroll. Similarly, if
a Member becomes the employing authority of a relative
who was hired by someone else (e.g., the Member ascends
to the chairmanship of a Committee or subcommittee for
which the relative is already working) the relative
may remain on the payroll. However, the Member may not
then give that individual further promotions or raises,
other than cost-of-living or other across-the-board
adjustments.
The statute
does not prohibit a Member from employing two individuals
who are related to each other but not to the Member
(See, House Ethics Manual, pp. 187 and 188).
Contact
the Committee on Standards of Official Conduct at x57103
for further information.
Non-Disclosure
Oath
House Rule XLIII, clause 13, requires Members and employees
to execute an oath of non-disclosure before having access
to classified information.
Post-Employment
Restriction
Members and employees paid at a rate equal to or greater
than 75% of the basic rate of pay of a Member for at
least 60 days in the one-year period preceding termination
are subject to post-employment restrictions. For the
current applicable rate and information regarding the
applicable restrictions, contact the Committee on Standards
of Official Conduct, Office of Advice and Education,
at x57103.
Working
from Home due to a Disability
In accordance with the Americans with Disabilities Act
(ADA), a Member may reasonably accommodate a qualified
employee with a disability by allowing the employee
to work at home. As a condition of such a request, the
Member may require certification from a physician of
the need for such accommodation.
See Congressional
Accountability Act (8) and Telecommunications (21).
Pay
Appointment
The official appointment of each employee requires the
Member's signature on the payroll authorization form.
Required payroll forms must be received by Human Resources
no later than the last business day of the month in
which the appointment is effective. Subsequent adjustments
to a payroll appointment (pay adjustments, title changes,
furlough status, terminations, etc.) must also be made
on the appropriate forms. Such forms are due at Human
Resources by the 18th day of the month in which the
adjustment is effective.
Dual
Compensation
The aggregate gross annual salary of an employee receiving
payment from the House who is also receiving payment
from the U.S. Senate, Architect of the Capitol, or any
other department or agency of the U.S. Government, may
not exceed the gross annual rate established by 5 U.S.C.§5533.
For the current applicable dual compensation rate, contact
the Office of Human Resources, Payroll Department, at
x5-1435.
Financial
Disclosure
Members and employees receiving basic pay at a rate
equal to or greater than 120 percent of the minimum
pay for GS-15 for at least 60 days during any calendar
year must file a Financial Disclosure Statement upon
appointment, termination, and annually on May 15th.
For the current applicable rate, contact the Committee
on Standards of Official Conduct, Office of Advice and
Education at x57103.
Each Member's
office that does not have an employee paid at or above
the threshold must designate one employee as the "Principal
Assistant" who must file a Financial Disclosure Statement.
Ordinary
and necessary expenses incurred by Members and their
employees, in support of the filing of reports consistent
with the provisions of the Ethics in Government Act,
are reimbursable.
Contact
the Committee on Standards of Official Conduct at x57103.
Lump
Sum Payments
A Member may authorize a lump sum payment to an employee
for any purpose consistent with the following:
1. Payments
must be consistent with House Rule XXIV, clause 8(a),
which requires that employees perform official duties
commensurate with the compensation received. Employees
may not be compensated from public funds to perform
non-official, personal, political, or campaign activities
on behalf of the Member, the employee, or anyone else.
2. A
lump sum payment may not be more than the monthly pay
of the employee receiving the lump sum payment.
3. Lump
sum payments may be for services performed during more
than one month.
4. Members
may provide lump sum payments for accrued annual leave
only if such leave was accrued in accordance with written
personnel policies established prior to the accrual
of such leave.
5. Total
compensation in any month including any lump sum payment
and regular pay (including cash reimbursement for accrued
annual leave) may not exceed 1/12th of the maximum rate
of pay specified in the Speaker's Pay Order.
6. Lump
Sum Payments will be disclosed separately in the Quarterly
Statement of Disbursements.
7. Lump
sum payments are considered as part of "rate of pay"
under the Speaker's Pay Order.
8. Lump
sum payments are considered "supplemental wages" for
taxation.
9. Lump
sum payments are not considered as part of "basic pay"
for calculating Thrift Savings Plan, life insurance,
and federal pensions.
10. Contact
the Committee on Standards of Official Conduct at x57103
for information on the treatment of lump-sum payments
with regard to financial disclosure, post-employment
restrictions, and outside earned income limitations.
See Pay
Adjustments (12).
Outside
Earned Income
Members
and employees receiving basic pay at a rate equal to
or greater than 120 percent of the minimum basic pay
for GS-15 for at least 90 days in a calendar year are
subject to the outside earned income limitation established
by 5 U.S.C. app 4 § 501 (a)(1) and House Rule 25, cl.
1 (a)(1).
For the
current applicable rate of basic pay, the amount of
the limit and application of the House Rule, contact
the Committee on Standards of Official Conduct, Office
of Advice and Education, at x57103.
Overtime
Wage Rate Compensation
Employees who are covered by the minimum wage and overtime
provisions of the Fair Labor Standards Act ("non-exempt")
must be compensated at time-and-a half for all hours
worked in excess of 40 hours during any work week, either
in pay or in time-off during the same pay period in
accordance with consistently applied office personnel
policies.
Overtime
wage sheets must be received by Human Resources no later
than the 18th day of the month following the month in
which overtime wages were earned.
Contact
Human Resources at x52450 for the appropriate forms.
Contact
the Office of House Employment Counsel at x57075 for
assistance in establishing overtime and time-off policies.
Pay
Adjustments
Members may adjust, in any month, an employee's pay
to reflect exceptional, meritorious, or less than satisfactory
service.
Such
adjustments must be received by Human Resources by the
18th day of the month in which the adjustment is to
be effective.
Retroactive
pay adjustments are not authorized.
See Lump
Sum Payments (11).
Payroll
Schedule
The monthly payroll is based on a 30-day pay period.
(5 U.S.C. §5505).
Payment
is made on the last business day of the month. (5 U.S.C.
§5505).
Rates
of Compensation
Members are responsible for adhering to the applicable
minimum wage provisions of the Fair Labor Standards
Act ($5.15 per hour as of September 1, 1997).
Interns
are not employees for purposes of compliance with the
minimum wage and overtime provisions of the Fair Labor
Standards Act.
The maximum
rate of pay established for Member Offices by Order
of the Speaker is $153,022 as of January 1, 2004 .
Terminations
Terminations must be made on a Payroll Authorization
Form and submitted to Human Resources as soon as the
date of termination is known. If the termination notice
is received by Human Resources after the 18th day of
the month, the payroll check for that month may have
already been processed. If an employee is overpaid,
the Member is responsible for obtaining reimbursement.
Leave
General
The Member determines the terms and conditions of employment,
including provisions for leave (e.g. Annual, Administrative,
and Sick).
Contact
the Office of House Employment Counsel at x57075 for
model leave policies.
Family
and Medical Leave (FMLA)
A person employed by the House for at least one year
and for a total of at least 1,250 hours during the previous
12-month period is entitled to up to a total of 12 weeks
of unpaid leave during any 12-month period for the following
family and medical reasons:
1. For
the birth of a child and to care for the newborn child.
2. To
adopt a child or to receive a child in foster care.
3. To
care for a spouse, son, daughter, or parent who has
a serious health condition.
4. For
the employee's own serious health condition which makes
the employee unable to perform the functions of his
or her job. (29 U.S.C. § 2601 et seq.)
Employees
on Family and Medical Leave remain eligible for all
benefits.
Furlough
Furlough is an absence without pay initiated by the
Member. Placement in Furlough status is at the discretion
of the Member, unless statute otherwise requires placement
in such status.
1. To
be eligible for appointment to Furlough status at the
discretion of the Member, an employee must have been
employed by the Member for the entire month prior to
the effective date of Furlough status.
2. An
employee placed in a Furlough status continues to fill
an employee position. The name of such employees will
be listed on the monthly payroll certification forms.
3. Continuation
of employee benefits while in a Furlough status:
a. Health
benefits enrollment and coverage may be continued for
up to 12 months. However, to maintain such enrollment
and coverage, an employee placed in a Furlough status
is responsible for the payment of the employee's portion
of the insurance premium for the period of the Furlough
status, either by direct payment or by incurring a debt
to the House. Employees should contact Human Resources
for more information on applicable regulations.
b. Life
insurance continues for up to 12 months without employee
contribution.
c. Retirement
coverage continues without employee contribution. Up
to 6 months in a calendar year is credited for service
in the annuity computation.
4. The
placement of an employee in a Furlough status must be
made on the appropriate form provided by Human Resources
and received no later than the 18th day of the month
in which the placement is to be effective. Contact Human
Resources at x52450 for such forms.
Contact
Human Resources at x52450 for information on employee
benefits while on Furlough.
Jury
and Witness Duty
Under 2 U.S.C. § 130b, the pay of an employee shall
not be reduced during a period of absence with respect
to which the employee is summoned as a juror; or as
a witness on behalf of any party in connection with
any judicial proceeding to which the United States or
a State or local government is a party.
An employee
may not receive fees for service as juror in a court
of the United States or the District of Columbia; or
as a witness on behalf of the United States or the District
of Columbia. If an employee receives an amount (other
than travel expenses) for service as a juror or witness
in such a court the employee must remit such amount
to the Office of Finance for deposit in the general
fund of the Treasury.
Leave
Without Pay (LWOP)
LWOP is an absence without pay. LWOP status is initiated
by the employee and is subject to Member approval, unless
statute otherwise requires placement in such leave status.
To be eligible, an employee must have been employed
by the Member for the entire month prior to the effective
date of the LWOP status.
1. As
a basic condition for approval of LWOP status, there
should be a reasonable assurance that the employee will
return to duty at the end of the approved period. Members
are encouraged to contact the Committee on Standards
of Official Conduct at x57103 prior to approving a LWOP
status request to confirm that no conflict of interest
issues exist.
2. LWOP
status should be requested in advance of the period
of absence.
3. LWOP
status may not exceed 12 months in a 24-month period.
4. When
an employee has been appointed to LWOP status, he or
she continues to fill a payroll position. The name of
such employees will be listed on the monthly payroll
certification forms.
5. Continuation
of Employee Benefits while on LWOP status:
a. Health
benefits enrollment and coverage may be continued for
up to 12 months. However, to maintain such enrollment
and coverage, an employee placed in a LWOP status is
responsible for the payment of the employee's portion
of the insurance premium for the period of the LWOP
status, either by direct payment or by incurring a debt
to the House. Employees should contact Human Resources
for more information on applicable regulations.
b. Life
insurance continues for up to 12 months without employee
contribution.
c. Retirement
coverage continues without employee contribution. Up
to 6 months in a calendar year is credited for service
in the annuity computation.
6. The
placement of an employee on LWOP status must be made
on the payroll authorization form available from Human
Resources and received by Human Resources no later than
the 18th day of the month in which the placement is
to be effective. Contact Human Resources at x52450 for
such forms.
Contact
Human Resources at x52450 for information on employee
benefits while on LWOP.
Military
Leave
Employees who are members of a National Guard or Armed
Forces Reserves unit are entitled to leave without loss
in pay, time, or performance or efficiency rating for
active duty or engaging in field or coast defense training
as a Reserve of the armed forces or member of the National
Guard. Leave accrues for an employee or individual at
the rate of 15 days per fiscal year and, to the extent
that it is not used in a fiscal year, accumulates for
use in the succeeding fiscal year until it totals 15
days at the beginning of a fiscal year. (5 U.S.C. §
6323).
Contact
the Office of House Employment Counsel for additional
information on the rights, benefits, and obligations
of individuals absent from employment for service in
a uniformed service. (38 U.S.C. §§ 4317 - 4319).
OFFICIAL
& REPRESENTATIONAL EXPENSES
General
Appliances
Ordinary and necessary expenses for small appliances
(microwaves, coffee makers, etc.) for use in the Member's
congressional offices are reimbursable.
Equipment
that exceeds $500 in value must be added to the Member's
office inventory.
Contact
Office Systems Management at x53994 to revise an office
inventory.
An
Artistic Discovery, The Congressional Art Competition
Ordinary and necessary expenses, within a category of
authorized official and representational expenses, related
to the congressional art competition, An Artistic Discovery,
are reimbursable.
A Member
may not mail An Artistic Discovery entry under the Frank.
Shipping An Artistic Discovery entry by means other
than the Frank is reimbursable.
Certificates
Certificates of recognition to a person who has achieved
some public distinction for distribution in connection
with official and representational duties are reimbursable.
Certificates
must comply with the Franking Regulations.
Contact
the Franking Commission at x59337.
See Gifts
and Donations (17).
Clipping
Services
Ordinary and necessary expenses related to clipping
services (newspapers, periodicals, magazines, etc.)
are reimbursable.
See Publications
(20).
Decorating
Expenses
Decorations of nominal value (such as frames, bookends,
flags, seals, etc.) for Congressional offices are reimbursable.
Contact
the Committee on House Administration at x58281 for
a list of government agencies that provide wall decorations
free of charge.
See Framing
(17) and Furniture (17).
Deposits
Security and other deposits are not reimbursable and
must be paid from the Member's personal funds. Each
Member should notify vendors that any return of deposits
should be made to the Member.
See Advance
Payments (42), District Office Leases (23), Booths (27),
and Officially Leased Vehicles (40).
Drug
Testing
Ordinary and necessary expenses related to drug testing,
in accordance with the Member's written drug-testing
policy, are reimbursable.
Offices
should consult with the Office of House Employment Counsel
at x57075 when establishing drug-testing policies.
Dues
Dues, membership fees, assessments, and annual fees
are not reimbursable. (5 U.S.C. § 5946).
Educational
Expenses
Ordinary and necessary expenses for Members or employees
to attend conferences, seminars, briefings, professional
training, and informational programs related to the
official and representational duties to the district
from which elected are reimbursable.
1. Members
or employees may not be reimbursed for expenses to attend
educational programs in order to obtain a primary, secondary,
graduate, post-graduate, or professional degree.
2. Expenses
associated with acquiring or maintaining professional
certification or licensing are not reimbursable.
See Advance
Payments (42) and Contractors (7).
Employment-Related
Expenses
Ordinary and necessary expenses related to filling employment
vacancies are reimbursable.
The following
expenses are not reimbursable:
1. Transportation
to and from employment interviews.
2. Relocation
expenses upon acceptance or termination of employment.
3. Relocation
expenses incidental to a change in duty station.
Flags
U.S. flags for purchase by individuals may be obtained
by a Member from the Office Supply Service (OSS) (x53321).
Initially, the costs of the flags will be charged to
the MRA. Once payment for a flag is received by the
Member office, the office may submit the check to OSS.
OSS will credit the Member's account.
If a
request is made to have a U.S. flag flown over the Capitol,
an additional flag flying fee must be paid by the individual
purchasing the flag. See Gifts and Donations (17).
Food
and Beverage Expenses
Members and employees may be reimbursed for food and
beverage expenses incidental to an official and representational
meeting that includes a person(s) who is not a Member
or employee of the House.
Members
and employees may not be reimbursed for food and beverage
expenses related to social activities or social events
(e.g. hospitality, receptions, entertainment, holiday
or personal celebrations, and swearing-in or inauguration
day celebrations).
Members
and employees may not be reimbursed for the cost of
alcoholic beverages.
See Town
Hall Meetings (21).
Framing
Framing services for items to be displayed in the Member's
Congressional offices are reimbursable. In Washington,
D.C., when a Member uses the in-House framing service
provided by the CAO, charges will be automatically charged
to the MRA.
See Decorating
Expenses (16) and Gifts and Donations (17).
Furniture
Furniture (furniture, carpet, drapes, etc. (including
repairs) for Washington, D.C., congressional offices
are supplied and maintained by the CAO through the Offices
Services (x53994) without charge to the MRA. Furniture
for the Washington, D.C., congressional offices is not
reimbursable.
Gifts
and Donations
Only the following gifts and donations are reimbursable:
1. Items
purchased for official presentation when on official
travel for the House of Representatives outside the
United States, its territories and possessions. To purchase
items from the House Gift Shop, select the item(s) and
notify the sales clerk that it is for official presentation
business in the course of overseas travel. Receipts
for such items should be vouchered for payment to the
Office Supply Service, and the voucher description should
note that it is for official presentation in the course
of overseas travel.
2. U.S.
flags flown over the Capitol for official presentation
as a gift, including the flag flying fee, are reimbursable.
Such flags must be for the personal use of or display
by the recipient. Donations of flags purchased through
the MRA for fundraising activities are prohibited.
3. Ordinary
and necessary costs associated with the purchase of
presentation folders or frames, which are of nominal
value.
4. Informational
and educational federal government publications of nominal
value.
5. U.S.
Capitol Historical society publications of nominal value
(including calendars).
No other
gifts or donations are reimbursable.
See Flags
(16), Certificates (15), Framing (17), Congressional
Record (20), Printing and Production (33), Photography
Expenses (20), and Postal Expenses (33).
Greetings
Expenses related to the purchase or distribution of
greetings, including holiday celebrations, condolences,
and congratulations for personal distinctions (wedding
anniversaries, birthdays, etc.), are not reimbursable.
See the
Franking Regulations, available from the Franking Commission
at x59337 for information on recognition of public distinction.
See Certificates
(15).
Insurance
A Member may be asked to provide a certificate of insurance
for the purpose of entering into a lease for a district
office or for securing space in which to conduct a town-hall
meeting or other official and representational event.
The House does not carry a private insurance policy
and generally does not permit Members to use the MRA
to pay for a private insurance policy.
Under
the provisions of the Federal Tort Claims Act (28 U.S.C.
§ 2671-2680), the United States acts as a self-insurer
and recognizes liability for the negligent and wrongful
acts or omissions of its employees acting within the
scope of their official and represen | 
