The structure of the United States Congress with a separate House and Senate (respectively the lower and upper houses of the bicamerallegislature) is complex with numerous committees handling a disparate array of topics presided over by elected officers. Some committees manage other committees. Congresspersons have various privileges to help the presidents serve the national interest and are paid a salary and have pensions. Congress formed a Library of Congress to help assist investigations and developed a Government Accountability Office to help it analyze complex and varied federal expenditures.[1]
Most congressional legislative work happens in committees. It is neither expected nor possible that a member of Congress be an expert on all matters and subject areas that come before Congress.[2]Congressional committees provide invaluable informational services to Congress by investigating and reporting back in regard to specialized subject matter.
While this investigatory function is indispensable to Congress, procedures such as the House discharge petition process (the process of bringing a bill onto the floor without a committee report or mandatory consent from its leadership) are so difficult to implement that committee jurisdiction over particular subject matter of bills has expanded into semi-autonomous power. Of the 73 discharge petitions submitted to the full House from 1995 through 2007, only one was successful in securing a definitive yea-or-nay vote for a bill on the floor of the House of Representatives.[3] Not without reason have congressional committees been called independent fiefdoms.
In 1931 a reform movement temporarily reduced the number of signatures required on discharge petitions in the U.S. House of Representatives from a constitutional majority of 218 down to 145, i.e. from one-half to one-third of the House membership. This reform was abolished in a 1935 counterattack led by the intra-House oligarchy.[4] Thus the era of the Great Depression marks the last across-the-board change, albeit a short-lived one, in the autonomy of House standing committees.[5] On strategy for an enduring reform in the system of semi-autonomous committees see the citation.[6]
In the course of committee work, members will often develop personal expertise on the matters under the jurisdiction of their respective committee(s). Such expertise, or claims thereof, are invariably cited during disputes over whether the parent body should bow to obdurate committee negatives.
Congress divides its legislative, oversight, and internal administrative tasks among approximately two hundred committees and subcommittees. Within assigned areas, these functional sub-units gather information, compare and evaluate legislative alternatives, identify policy problems and propose solutions, select, determine, and report measures for full chamber consideration, monitor executive branch performance (oversight), and investigate allegations of wrongdoing.[7]
Decision on which areas individual members choose to specialize may be influenced by their constituency and regional issues of importance to them, as well as prior background and experience of the member.[8] Senators will also try to differentiate themselves from the other senator from the same state, so that areas of specialization do not overlap.[9]
The Ways and Means Committee has been seen as a powerful one since it controlled other aspects of House affairs. Here is a list of major House committees:
Joint Congressional Committee on Inaugural Ceremonies
Joint Committee on Taxation
House Permanent Select Committee on Intelligence
House Select Committee on Energy Independence and Global Warming
Officers
President Lyndon B. Johnson in U.S. Congress in 1963 with Speaker of the House John W. McCormack (left), and Senate President pro tempore Carl T. Hayden (right).
At the beginning of each two-year Congress, the House of Representatives elects a speaker. The speaker does not normally preside over debates, but is, rather, the leader of the majority party in the House. The Vice President of the United States is, ex officio, President of the Senate. The Senate also elects a President pro tempore. For decades the person elected has been the most senior member of the majority party in the Senate, and has held office until he or she ceases to be a senator or a new president pro tempore is elected (usually after a change in party control). Thus, the Senate does not necessarily elect a new president pro tempore at the beginning of a new Congress.
Privileges
Under the Constitution, members of both houses enjoy the privilege of being free from arrest in all cases, except for treason, felony, and breach of the peace. This immunity applies to members during sessions and when traveling to and from sessions.[12] The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons and subpoenas. The rules of the House strictly guard this privilege; members may not waive the privilege on their own volition, but must seek the permission of the whole house to do so. Senate rules, on the other hand, are less strict, and permit individual senators to waive the privilege as they see fit.
The Constitution also guarantees absolute freedom of debate in both houses, providing, "for any Speech or Debate in either House, they shall not be questioned in any other Place." Hence, a member of Congress may not be sued for slander because of remarks made in either house. However, each house has its own rules restricting offensive speeches, and may punish members who transgress them.
Obstructing the work of Congress is a crime under federal law, and is known as contempt of Congress. Each house of Congress has the power to cite individuals for contempt, but may not impose any punishment. Instead, after a house issues a contempt citation, the judicial system pursues the matter like a normal criminal case. If convicted in court, an individual found guilty of contempt of Congress may be imprisoned for up to one year.
From 1789 to 1815, members of Congress received only a per diem (daily payment) of $6 while in session. Members began receiving an annual salary in 1815, when they were paid $1,500 per year.[13][14]
As of 2006, rank and file members of Congress received a yearly salary of $165,200.[14] Congressional leaders are paid $183,500 per year. The Speaker of the House of Representatives earns $212,100 per annum. The salary of the President pro tempore for 2006 is $183,500, equal to that of the majority and minority leader of the House and Senate.[15] Privileges include having an office and paid staff.[16] Generally, members who have been in Congress longer have greater seniority and therefore greater power.[16]
Members elected since 1984 are covered by the Federal Employees Retirement System (FERS). Those elected prior to 1984 were covered by the Civil Service Retirement System (CSRS). In 1984 all members were given the option of remaining with CSRS or switching for FERS. As it is for all other federal employees, congressional retirement is funded through taxes and the participants' contributions. Members of Congress under FERS contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. And like Federal employees, members contribute one-third of the cost of health insurance with the government covering the other two-thirds.[17]
The size of a congressional pension depends on the years of service and the average of the highest three years of salary. By law, the starting amount of a member's retirement annuity may not exceed 80% of the final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $60,972, while those who retired under FERS, or in combination with CSRS, was $35,952.[18] Members who participated in the congressional pension system are vested after five years of service and who are at least 62 years of age. If members leave Congress before reaching retirement age, they may leave their contributions behind and receive a deferred pension later.[19] The current pension program, effective January 1987, is under the Federal Employees Retirement System (FERS), which covers members and other federal employees whose federal employment began in 1984 or later.
Another privilege is the use of the Library of Congress which is housed in three buildings.[20] Established in 1800, it consisted mostly of law books which were burned by the British in 1814, but the library collection was restored afterwards with significant gifts from the collection of Thomas Jefferson.[20] One of the Library's missions is to serve the Congress and its staff as well as the American public and is the "largest library in the world" according to one source, with over a hundred million items including books, films, maps, photographs, music, manuscripts, and graphics, and materials in over four hundred and fifty languages.[20] The Congressional Research Service provides detailed, up-to-date and non-partisan research for senators, representatives, and their staff to help them carry out their official duties.[20] The franking privilege allows members of Congress to send official mail to constituents at government expense. Though they are not permitted to send election materials, borderline material is often sent, especially in the run-up to an election by those in close races.[21][22] Indeed, some academics consider free mailings as giving incumbents a big advantage over challengers.[23][24]
In 2008, rank and file members of Congress earned $169,300 annually.[25] Some critics complain congressional pay is high compared with a median American income of $45,113 for men and $35,102 for women.[26] Others have countered that congressional pay is consistent with other branches of government.[25] Congress has been criticized for trying to conceal pay raises by slipping them into a large bill at the last minute.[27] Others have criticized the wealth of members of Congress.[28][29]
Congresspersons are encouraged to journey on fact-finding missions to learn about other countries and gain information. This helps them stay informed. Sometimes, however, these can cause controversy if the trip is deemed excessive or unconnected with the task of governing. For example, the Wall Street Journal reported lawmaker trips abroad at taxpayer expense, which included spas, $300-per-night extra unused rooms, and shopping excursions.[30] One five-day trip by two senators with wives to Germany included excursions along the Rhine and a heavy metal music concert.[30] Another trip had lawmakers staying at Edinburgh'sSheraton Grand Hotel & Spa, which featured "state-of-the-art spa and leisure facilities including a rooftop indoor/outdoor pool" and with wives eating $40-per-person "traditional English cream tea".[30] Lawmakers respond that "traveling with spouses compensates for being away from them a lot in Washington" and justify the trips as a way to meet officials in other nations.[30]
Congress uses the Government Accountability Office or GAO to help it understand the financial ramifications of various decisions and to perform studies to help guide its legislative activity. It was established as the General Accounting Office by the Budget and Accounting Act of 1921 to investigate the "receipt, disbursement, and application of public funds" and to keep the president and Congress informed about such expenditures. It supports Congress in its efforts to meet its constitutional responsibilities and improve government fiscal performance. The name was changed to Government Accountability Office in 2004.[31] GAO auditors conduct financial audits as well as other performance audits.
Agencies of the Legislative Branch
Some descriptions subsume the following agencies as part of the United States Congress, and some descriptions categorize the following agencies as members of the Legislative Branch that are separate from Congress:[32]
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the United States House of Representatives, and an upper body, the United States Senate. It meets in the United States Capitol in Washington, D.C. Members are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The vice president of the United States, as President of the Senate, has a vote in the Senate only when there is a tie. The House of Representatives has six non-voting members.
The federal government of the United States is the common government of the United States, a federal republic located primarily in North America, comprising 50 states, five major self-governing territories, several island possessions, and the federal district of Washington, D.C., where the majority of the federal government is based.
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty. Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. As "little legislatures", the committees monitor ongoing governmental operations, identify issues suitable for legislative review, gather and evaluate information, and recommend courses of action to their parent body. Woodrow Wilson once wrote, "it is not far from the truth to say that Congress in session is Congress on public exhibition, whilst Congress in its committee rooms is Congress at work." It is not expected that a member of Congress be an expert on all matters and subject areas that come before Congress. Congressional committees provide valuable informational services to Congress by investigating and reporting about specialized subjects.
The Committee on Armed Services, sometimes abbreviated SASC for Senate Armed Services Committee, is a committee of the United States Senate empowered with legislative oversight of the nation's military, including the Department of Defense, military research and development, nuclear energy, benefits for members of the military, the Selective Service System and other matters related to defense policy. The Armed Services Committee was created as a result of the Legislative Reorganization Act of 1946 following the U.S. victory in World War II. The bill merged the responsibilities of the Committee on Naval Affairs, established in 1816, and the Committee on Military Affairs, also established in 1816.
The Senate Committee on Rules and Administration, also called the Senate Rules and Administration Committee, is responsible for the rules of the United States Senate, administration of congressional buildings, and with credentials and qualifications of members of the Senate, including responsibility for contested elections. The committee is not as powerful as its House counterpart, the House Committee on Rules, as it does not set the terms of debate for individual legislative proposals, since the Senate has a tradition of open debate. Some members of the committee are also ex officio members of the Joint Committee on the Library and the Joint Committee on Printing.
In United States parliamentary procedure, a discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee by "discharging" the committee from further consideration of a bill or resolution. The signatures of an absolute majority of House members are required.
The United States House Committee on House Administration deals with the general administration matters of the United States House of Representatives, the security of the United States Capitol, and federal elections.
The Civil Service Retirement System (CSRS) is a public pension fund organized in 1920 that has provided retirement, disability, and survivor benefits for most civilian employees in the United States federal government. Upon the creation of a new Federal Employees Retirement System (FERS) in 1987, those newly hired after that date cannot participate in CSRS. CSRS continues to provide retirement benefits to those eligible to receive them.
The Standing Rules of the Senate are the parliamentary procedures adopted by the United States Senate that govern its procedure. The Senate's power to establish rules derives from Article One, Section5 of the United States Constitution: "Each House may determine the rules of its proceedings..."
The Honest Leadership and Open Government Act of 2007 is a law of the United States federal government that amended parts of the Lobbying Disclosure Act of 1995. It strengthens public disclosure requirements concerning lobbying activity and funding, places more restrictions on gifts for members of Congress and their staff, and provides for mandatory disclosure of earmarks in expenditure bills. The bill was signed into law by President George W. Bush on September 14, 2007.
Title 2 of the United States Code outlines the role of Congress in the United States Code.
Congressional pension is a pension made available to members of the United States Congress. As of 2019, members who participated in the congressional pension system are vested after five years of service. A pension is available to members 62 years of age with 5 years of service; 50 years or older with 20 years of service; or 25 years of service at any age. A reduced pension is available depending upon which of several different age/service options is chosen. If Members leave Congress before reaching retirement age, they may leave their contributions behind and receive a deferred pension later. The current pension program, effective January 1987, is under the Federal Employees Retirement System (FERS), which covers members and other federal employees whose federal employment began in 1984 or later. This replaces the older Civil Service Retirement System (CSRS) for most members of congress and federal employees.
U.S. Senate Appropriations Subcommittee on Legislative Branch is one of twelve subcommittees of the U.S. Senate Committee on Appropriations. The United States Senate Committee on Appropriations has joint jurisdiction with the United States House Committee on Appropriations over all appropriations bills in the United States Congress. Each committee has 12 matching subcommittees, each of which is tasked with working on one of the twelve annual regular appropriations bills.
David Lloyd Thomas is a Republican former member of the South Carolina Senate. He represented District 8 from 1984 to 2012, which included part of Greenville.
The National Active and Retired Federal Employees Association (NARFE) is a US-based nonprofit, 501(c)5 membership association dedicated to preserving, protecting, and improving the pay and benefits of active and retired federal employees, their families, and survivors.
The United States House of Representatives is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together, they compose the national bicameral legislature of the United States. The House is charged with the passage of federal legislation, known as bills; those that are also passed by the Senate are sent to the president for signature or veto. The House's exclusive powers include initiating all revenue bills, impeaching federal officers, and electing the president if no candidate receives a majority of votes in the Electoral College.
Expulsion is the most serious form of disciplinary action that can be taken against a member of Congress. The United States Constitution provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." The process for expulsion from the House of Representatives differs somewhat from the process for expulsion from the Senate.
The Ineligibility Clause is a provision in Article 1, Section 6, Clause 2 of the United States Constitution that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; it also bars officials in the federal government's executive and judicial branches from simultaneously serving in either the U.S. House or Senate. The purpose of the clause is twofold: first, to protect the separation of powers philosophy ; and second, to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts.
The United States Senate is the upper chamber of the United States Congress. The Senate and the United States House of Representatives comprise the federal bicameral legislature of the United States. Together, the Senate and the House have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments to high offices, approve or reject treaties, and try cases of impeachment brought by the House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government.
The Stop Trading on Congressional Knowledge (STOCK) Act of 2012 is an Act of Congress designed to combat insider trading. It was signed into law by President Barack Obama on April 4, 2012. The law prohibits the use of non-public information for private profit, including insider trading, by members of Congress and other government employees. It confirms changes to the Commodity Exchange Act, specifies reporting intervals for financial transactions.
↑ The one successful discharge petition from the 104th Congress, session 1 through the 110th Congress, session 1 – 1995 through 2007 – was in behalf of HR 2356 (campaign finance reform), which secured 218 signatures on 1/24/2002. Source on discharge petitions since 1997: Beginning with the 105th Congress, the House Clerk lists discharge petitions per Congress at its website,
↑ Cannon's Precedents, vol. 7, sect. 1007, gives a short history of the discharge rules from early times to 1935. In 1910 the House established the first known discharge rule since the Civil War. In 1924 the House passed the rule requiring Congressmen’s signatures on discharge petitions, and the required number of signatories was 150. [Congressional Record, 68 Congress 1, pp. 944-1143]. In 1925 the House increased the signature requirement to 218. [CR, 69 Congress 1, pp. 383-91]. But in 1931 the House reduced the signature requirement to 145 and rewrote the rule. [CR, 72 Congress 1, pp. 10-83]. Finally in 1935 the Democrats reversed their 1931 policy — they had been disconcerted by the discharge of several bills that the House leadership and FDR opposed — and by a vote of 245 to 166 they raised the signature requirement to 218. [CR, 74 Congress 1, pp. 13-20]. Today's rule is identical to that of 1935.
↑ The "21-day rule" applied to the Rules Committee alone; this rule was in force during 1949-1951, and 1965-1967, and it allowed the chairman of the legislative committee involved to bypass the Rules Committee and report a bill directly to the House floor, provided that three weeks had passed without a rule being reported for floor debate on the bill. [See James A. Robinson, The House Rules Committee (New York: Bobbs-Merrill Co., 1963), pp. 70, 87; Congressional Record, 81 Congress 1, p. 10; CR, 89 Congress 1, p. 21; CR, 92 Congress 1, p. H69; Congressional Quarterly Almanac, 1967, pp. 180-81; CQ Weekly Report 29 (January 29, 1971): 257-58].
↑ Schiller, Wendy J. (2000). Partners and Rivals: Representation in U.S. Senate Delegations. Princeton University Press.
↑ "Committees". U.S. Senate. 2010. Retrieved 2010-09-12.
↑ 111th Congress, 2nd Session (2010). "Committee Offices". United States House of Representatives. Retrieved 2010-09-11.{{cite news}}: CS1 maint: numeric names: authors list (link)
1 2 "BLACKS: Confronting the President". Time Magazine. April 5, 1971. Archived from the original on December 21, 2008. Retrieved 2010-09-11. The catch in Fauntroy's election is that he will be a nonvoting member of the House; he also becomes the 437th member, which places him on the last rung of the seniority ladder. Otherwise, he receives full congressional privileges, including an office with a staff of 13, an annual salary of $42,500, a vote on the House District of Columbia Committee (where he will likely be placed), and the right to introduce legislation.
↑ Scott, Walter (25 April 2010). "Personality Parade column:Q. Does Congress pay for its own health care?". New York, NY: Parade. p.2.
1 2 3 4 Loveleena Rajeev (2010). "History of the Library of Congress". Buzzle.com. Archived from the original on December 31, 2009. Retrieved 2010-09-11. The Library of Congress is the research library of the United States Congress and is one of the oldest federal institution in the country. The huge library collection is housed in three buildings; Thomas Jefferson Building, John Adams Building, and James Madison Memorial Building. It is the largest library in the world, with a collection of millions of books, manuscripts, recordings, photographs and maps. These resources are used by American people and the Congress, as a source for all American history, inquires and knowledge. The Office of the Librarian is the administrative branch of the Library of Congress and bears responsibility for the overall management of the Library.{{cite news}}: CS1 maint: unfit URL (link)
↑ Simpson, G. R. (October 22, 1992). "Surprise! Top Frankers Also Have the Stiffest Challenges". Roll Call.
↑ Steven S. Smith; Jason M. Roberts; Ryan J. Vander Wielen (2006). "The American Congress (Fourth Edition)". Cambridge University Press. ISBN9781139446990. Retrieved 2010-09-11. ... The form of voter contact for which incumbents enjoy the biggest advantage over challengers is contact through the mail ... incumbents' franking privilege and funding for mass mailings give them an important edge over the competition ... (see page 79)
1 2 3 4 Brody Mullins & T.W. Farnam (December 17, 2009). "Congress Travels More, Public Pays: Lawmakers Ramp Up Taxpayer-Financed Journeys; Five Days in Scotland". Wall Street Journal. Retrieved 2009-12-17. The tour provides a glimpse of the mixture of business and pleasure involved in legislators' overseas trips, which are growing in number and mostly financed by the taxpayer. Lawmakers travel with military liaisons who carry luggage, help them through customs, escort them on sightseeing trips and stock their hotel rooms with food and liquor. Typically, spouses come along, flying free on jets operated by the Air Force. Legislative aides come too. On the ground, all travel in chauffeured vehicles.
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