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==Privileges== {{See also|United States House of Representatives#Salary and benefits|United States Senate#Salary and benefits}} === Outside income and gifts === {{See also|Revolving door (politics)|Supreme Court of the United States#Ethics|McDonnell v. United States}} Representative [[Jim Cooper]] of [[Tennessee]] told Harvard professor [[Lawrence Lessig]] that a chief problem with Congress was that members focused on their future careers as lobbyists after serving{{snd}}that Congress was a "[[Farm team|Farm League]] for [[K Street (Washington, D.C.)|K{{spaces}}Street]]".<ref>{{cite news |last=Lessig |first=Lawrence |date=February 8, 2010 |title=How to Get Our Democracy Back |url=https://www.cbsnews.com/news/how-to-get-our-democracy-back/ |url-status=live |archive-url=https://web.archive.org/web/20130120164507/http://www.cbsnews.com/2100-215_162-6186201.html?pageNum=2 |archive-date=January 20, 2013 |access-date=December 14, 2011 |publisher=CBS News}}</ref><ref>{{cite news |last=Lessig |first=Lawrence |date=November 16, 2011 |title=Republic, Lost: How Money Corrupts Congress – and a Plan to Stop It |url=https://www.youtube.com/watch?v=Ik1AK56FtVc |url-status=live |archive-url=https://web.archive.org/web/20131205212035/http://www.youtube.com/watch?v=Ik1AK56FtVc |archive-date=December 5, 2013 |access-date=December 13, 2011 |publisher=Google, YouTube, The Huffington Post |quote=(see 30:13 minutes into the video)}}</ref> Family members of active legislators have also been hired by lobbying firms, which while not allowed to lobby their family member, has drawn criticism as a conflict of interest.<ref>{{Cite web |last=Attkisson |first=Sharyl |date=2010-06-25 |title=Family Ties Bind Federal Lawmakers to Lobbyists - CBS News |url=https://www.cbsnews.com/news/family-ties-bind-federal-lawmakers-to-lobbyists/ |access-date=2024-05-15 |website=www.cbsnews.com |language=en-US}}</ref> Members of congress have been accused of [[insider trading]], such as in the [[2020 congressional insider trading scandal]], where members of congress or their family members have traded on stocks related to work on their committees.<ref>{{Cite news |last1=Parlapiano |first1=Alicia |last2=Playford |first2=Adam |last3=Kelly |first3=Kate |last4=Uz |first4=Ege |date=2022-09-13 |title=These 97 Members of Congress Reported Trades in Companies Influenced by Their Committees |url=https://www.nytimes.com/interactive/2022/09/13/us/politics/congress-members-stock-trading-list.html |access-date=2024-05-15 |work=The New York Times |language=en-US |issn=0362-4331}}</ref> One 2011 study concluded that portfolios of members of congress outperformed both the market and hedge funds, which the authors suggested as evidence of insider trading.<ref>{{Cite news |last=Schwartz |first=John |date=2011-07-09 |title=Not-So-Representative Investors |url=https://www.nytimes.com/2011/07/10/business/mutfund/congressional-portfolios-outpacing-the-market-essay.html |access-date=2024-05-15 |work=The New York Times |language=en-US |issn=0362-4331}}</ref> Proposed solutions include putting stocks in blind trusts to prevent future insider trading.<ref>{{Cite web |last1=Vitali |first1=Ali |last2=Tsirkin |first2=Julie |last3=Talbot |first3=Haley |date=2022-02-08 |title=Stock ban proposed for Congress to stop insider trading among lawmakers |url=https://www.nbcnews.com/politics/congress/stock-ban-proposed-congress-stop-insider-trading-lawmakers-rcna14731 |access-date=2024-05-15 |website=NBC News |language=en}}</ref> Some members of congress have gone on lavish trips paid for by outside groups, sometimes bringing family members, which are often legal even if in an ethical gray area.<ref>{{Cite web |last=Leonard |first=Kimberly |title=An $84,000 trip to Qatar and a $41,000 retreat in Miami: Members of Congress are going on expensive travels paid for by private groups where some bring their loved ones |url=https://www.businessinsider.com/members-of-congress-going-lavish-trips-paid-by-interest-groups-2021-7 |access-date=2024-05-15 |website=Business Insider |language=en-US}}</ref><ref>{{Cite news |last=House |first=Billy |date=March 18, 2023 |title=US Lawmakers Resume Globe Trotting Paid by Special Interests |url=https://www.bloomberg.com/news/articles/2023-03-18/us-lawmakers-resume-global-travel-paid-by-special-interest-groups |work=Bloomberg}}</ref> ===Pay=== {{See also|Salaries of members of the United States Congress||}} Some critics complain congressional pay is high compared with a median American [[Household income in the United States|income]].<ref>{{Cite news |last=Lee |first=Timothy B. |date=September 19, 2013 |title=This chart shows why members of Congress really should earn more than $172,000 |url=https://www.washingtonpost.com/news/wonk/wp/2013/09/19/this-chart-shows-why-members-of-congress-really-should-earn-more-than-172000/ |access-date=May 17, 2024 |newspaper=The Washington Post}}</ref> Others have countered that congressional pay is consistent with other [[Federal government of the United States|branches of government]].<ref name="tws28sep01" /> Another criticism is that members of Congress are insulated from the [[Health insurance marketplace|health care market]] due to their coverage.<ref>{{cite news |last=Lui |first=Kevin |date=March 17, 2017 |title=A Petition to Remove Health Care Subsidies From Members of Congress Has Nearly 500000 Signatures |url=https://time.com/4704824/petition-remove-congress-health-care-subsidies/ |url-status=live |archive-url=https://web.archive.org/web/20210114214522/https://time.com/4704824/petition-remove-congress-health-care-subsidies/ |archive-date=January 14, 2021 |access-date=May 22, 2018 |magazine=Time Magazine |location=Washington D.C.}}</ref> Others have criticized the wealth of members of Congress.<ref name="tws01oct40" /><ref name="tws01oct32" /> In January 2014, it was reported that for the first time over half of the members of Congress were millionaires.<ref>{{cite news |last=Lipton |first=Eric |date=January 9, 2014 |title=Half of Congress Members Are Millionaires, Report Says |url=https://www.nytimes.com/2014/01/10/us/politics/more-than-half-the-members-of-congress-are-millionaires-analysis-finds.html?_r=0 |url-status=live |archive-url=https://web.archive.org/web/20210114214454/https://www.nytimes.com/2014/01/10/us/politics/more-than-half-the-members-of-congress-are-millionaires-analysis-finds.html?_r=0 |archive-date=January 14, 2021 |access-date=January 11, 2014 |newspaper=The New York Times}}</ref> Congress has been criticized for trying to conceal pay raises by slipping them into a large bill at the last minute.<ref>{{cite news |year=1998 |title=A Quiet Raise – Congressional Pay – special report |url=https://www.washingtonpost.com/wp-srv/politics/special/pay/pay.htm |url-status=live |archive-url=https://web.archive.org/web/20210114214507/https://www.washingtonpost.com/wp-srv/politics/special/pay/pay.htm |archive-date=January 14, 2021 |access-date=February 23, 2015 |newspaper=The Washington Post}}</ref> Members elected since 1984 are covered by the [[Federal Employees Retirement System]] (FERS). Like other federal employees, congressional retirement is funded through taxes and 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.<ref>{{Cite news |last=Scott |first=Walter |date=April 25, 2010 |title=Personality Parade column:Q. Does Congress pay for its own health care? |publisher=Parade |location=New York, NY |page=2}}</ref> The size of a congressional pension depends on the years of service and the average of the highest three years of their salary. By law, the starting amount of a member's retirement annuity may not exceed 80% of their final salary. In 2018, the average annual pension for retired senators and representatives under the [[Civil Service Retirement System]] (CSRS) was $75,528, while those who retired under FERS, or in combination with CSRS, was $41,208.<ref>[https://crsreports.congress.gov/product/pdf/RL/RL30631 Retirement Benefits for Members of Congress] {{Webarchive|url=https://web.archive.org/web/20221014010935/https://crsreports.congress.gov/product/pdf/RL/RL30631|date=October 14, 2022}} (PDF). [[Congressional Research Service]], August 8, 2019.</ref> Members of Congress make fact-finding missions to learn about other countries and stay informed, but these outings can cause controversy if the trip is deemed excessive or unconnected with the task of governing. For example, ''[[The Wall Street Journal]]'' reported in 2009 that lawmaker trips abroad at taxpayer expense had included spas, $300-per-night extra unused rooms, and shopping excursions.<ref name="tws17decaafds">{{cite news |author1=Brody Mullins |author2=T. W. Farnam |name-list-style=amp |date=December 17, 2009 |title=Congress Travels More, Public Pays: Lawmakers Ramp Up Taxpayer-Financed Journeys; Five Days in Scotland |url=https://www.wsj.com/articles/SB126092430041092995?mod=rss_com_mostcommentart |url-status=live |archive-url=https://web.archive.org/web/20210114214521/https://www.wsj.com/articles/SB126092430041092995?mod=rss_com_mostcommentart |archive-date=January 14, 2021 |access-date=December 17, 2009 |newspaper=The Wall Street Journal}}</ref> Some lawmakers responded 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.<ref name="tws17decaafds" /> By the [[Twenty-seventh Amendment to the United States Constitution|Twenty-seventh Amendment]], changes to congressional pay may not take effect before the next election to the House of the Representatives.<ref name=":0">{{Cite web |title=Constitutional Amendments – Amendment 27 – "Financial Compensation for the Congress" |url=https://www.reaganlibrary.gov/constitutional-amendments-amendment-27-financial-compensation-congress |access-date=2024-05-17 |website=Ronald Reagan |language=en}}</ref> In ''Boehner v. Anderson'', the [[United States Court of Appeals for the District of Columbia Circuit]] ruled that the amendment does not affect [[Cost-of-living index|cost-of-living adjustments]].<ref>30 [[Federal Reporter|F.3d]] 156 (D.C. Cir. 1994)</ref><ref name=":0" /> ===Postage=== 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.<ref>English (2003), pp. 24–25.</ref><ref>{{cite news |author=Simpson, G. R. |date=October 22, 1992 |title=Surprise! Top Frankers Also Have the Stiffest Challenges |publisher=Roll Call}}</ref> Some academics consider free mailings as giving incumbents a big advantage over challengers.<ref name="incumbent" />{{Failed verification|date=February 2019}}<ref>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |year=2006 |title=The American Congress (Fourth Edition) |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live |archive-url=https://web.archive.org/web/20210114214329/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |archive-date=January 14, 2021 |access-date=September 11, 2010 |publisher=Cambridge University Press |page=79 |isbn=9781139446990}}</ref> ===Protection=== Members of Congress enjoy [[parliamentary privilege]], including [[Parliamentary immunity|freedom from arrest]] in all cases except for [[treason]], [[felony]], and [[breach of the peace]], and [[freedom of speech]] in debate. This constitutionally derived [[Congressional immunity|immunity]] applies to members during sessions and when traveling to and from sessions.<ref>Davidson (2006), p. 17.</ref> The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of [[Police|law enforcement]], including [[Summons|court summons]] and [[subpoena]]s. The rules of the House strictly guard this privilege; a member may not waive the privilege on their own but must seek the permission of the whole house to do so. Senate rules are less strict and permit individual senators to waive the privilege as they choose.<ref>{{cite web |title=Rules Of The Senate {{!}} U.S. Senate Committee on Rules & Administration |url=https://www.rules.senate.gov/rules-of-the-senate |website=www.rules.senate.gov |access-date=September 30, 2022 |language=en |archive-date=December 30, 2017 |archive-url=https://archive.today/20171230230509/https://www.rules.senate.gov/rules-of-the-senate |url-status=live }}</ref> The Constitution guarantees absolute freedom of debate in both houses, providing in the [[Speech or Debate Clause]] of the Constitution that "for any Speech or Debate in either House, they shall not be questioned in any other Place." Accordingly, a member of Congress may not be sued in court for [[slander]] because of remarks made in either house, although each house has its own rules restricting offensive speeches, and may punish members who transgress.<ref>{{cite journal |title=Congressional Immunity |url=https://library.cqpress.com/cqresearcher/document.php?id=cqresrre1952042500 |website=CQ Press | date=1952 | doi=10.4135/cqresrre1952042500 |access-date=January 16, 2021 |archive-date=January 25, 2021 |archive-url=https://web.archive.org/web/20210125212828/https://library.cqpress.com/cqresearcher/document.php?id=cqresrre1952042500 |url-status=live | last1=Brewer | first1=F. M. }}</ref> Obstructing the work of Congress is a crime under [[federal law]] and is known as [[contempt of Congress]]. Each member has the power to cite people for contempt but can only issue a contempt citation{{snd}}the judicial system pursues the matter like a normal criminal case. If convicted in court of contempt of Congress, a person may be imprisoned for up to one year.<ref>{{Cite web |url=https://www.proquest.com/docview/1296619169 |url-access=registration |title=Contempt of Congress |date=January 1, 1957 |website=[[HeinOnline]] |publisher=[[The Jurist (journal)|The Jurist]] |language=en |volume=17 |id={{ProQuest|1296619169}} |access-date=September 7, 2020 }}</ref>
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