Cameron Miranda
There have been various claims that members of Congress have exempted themselves from laws that apply to ordinary citizens, including healthcare reform, Freedom of Information Act (FOIA) requests, and prosecution for sexual harassment. Some of these claims are outdated, such as those regarding sexual harassment, which was addressed by the Congressional Accountability Act (CAA) in 1994. However, there are still concerns about Congress's exemption from certain healthcare laws and their ability to retire with full pay after one term, leading to petitions and proposals for a 28th Amendment to the Constitution to ensure equal application of laws to both Congress and citizens.
| Characteristics | Values |
|---|---|
| Retirement with full pay after one term | False allegation |
| Not paying into Social Security | True until 1984 |
| Exempt from health care legislation | False |
| Exempt from prosecution for sexual harassment | False |
| Exempt from Freedom of Information Act (FOIA) | True |
| Exempt from Occupational Safety and Health Act (OSHA) | True |
| Exempt from state waiver provisions in the AHCA | True |
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What You'll Learn
Congress members exempt from sexual harassment laws
In the 1980s, there were news stories accusing members of Congress of placing themselves "above their own laws". However, in 1994, Congress passed the Congressional Accountability Act (PL 104-1), which applies a dozen civil rights, labour, and workplace safety regulations to the legislative branch. This act specifically covers sexual harassment under Section 201.
Despite this, a chain email circulated in 2010, claiming that members of Congress could exempt themselves from sexual harassment laws. This claim was false and outdated, as the Congressional Accountability Act ensures that members of Congress are subject to the same sexual harassment laws as other citizens.
In 2018, Congress passed additional legislation to address sexual harassment by its members. This legislation requires lawmakers to pay for settlements and court awards related to sexual misconduct claims, rather than relying on public funds. It also eliminates the month-long "counselling" and "cooling-off" periods previously required of employees who made harassment claims.
In 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which allows individuals to elect to have their sexual harassment disputes resolved through the court system rather than mandatory arbitration. This act gives employees more power to hold their harassers accountable and helps to ensure that members of Congress cannot exempt themselves from sexual harassment laws.
While Congress has taken steps to address sexual harassment by its members and ensure equal application of the law, there are still concerns about the extent to which congressional records are subject to disclosure under the Freedom of Information Act (FOIA) and the Privacy Act. Critics argue that these laws should be extended to Congress to promote transparency and accountability.
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Congress members don't pay Social Security
Members of Congress do pay into Social Security and have done so since 1983 or 1984, following a government-wide pension overhaul. However, they do not pay Social Security taxes on their entire annual salary. The maximum Social Security taxable wage base is $97,500, so by law, Members do not pay Social Security on the annual wages they receive over this base amount.
There are various other misconceptions about Congress members and the laws that apply to them. For example, it has been claimed that members of Congress can retire with full pay after one term. This is false; lawmakers can qualify for generous pensions, but these are nowhere near their final salary. A lawmaker might qualify for a pension of 80% of their final salary, but only after many years of service.
Congress members are also not exempt from sexual harassment laws, as has been claimed. In the 1980s, there were news stories claiming that members of Congress had put themselves "above their own laws". However, following the "Republican Revolution" of 1994, Congress passed the Congressional Accountability Act (PL 104-1), which applies a dozen civil rights, labor, and workplace safety regulations to the legislative branch.
Additionally, critics of congressional exemptions point to two laws that they believe should apply to Congress: the Occupational Safety and Health Act (OSHA) and the Freedom of Information Act (FOIA). However, there are constitutional and practical difficulties in applying these laws to Congress. For example, under the separation of powers doctrine, the legislative branch of the Federal Government has no control over criminal law enforcement, criminal investigations, or criminal prosecutions.
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Congress members exempt from healthcare reform laws
There have been various claims and concerns regarding members of Congress being exempt from healthcare reform laws. Some of these claims are false, while others have some basis in reality.
One claim is that members of Congress can retire after one term with full pay and that they do not pay Social Security taxes. This is false, as lawmakers can only qualify for good pensions after many years of service, and they have been paying Social Security taxes since 1984.
Another claim is that members of Congress are exempt from sexual harassment laws and healthcare legislation. While this claim is outdated, there have been concerns about Congress members being exempt from healthcare reform, specifically the Affordable Care Act (Obamacare) or the American Health Care Act (AHCA).
In 2017, the House Republicans passed the AHCA, which included an amendment exempting Congress and its staff from certain state waivers. This amendment was due to technical issues with Senate rules about the bill's language and was not an attempt to protect the insurance of Congress members. However, critics argued that this exemption was unlawful and based on false statements.
Additionally, the Affordable Care Act threw members and staff out of the Federal Employees Health Benefits Program, requiring them to obtain health insurance through one of the law's new Exchanges. Under pressure, the federal Office of Personnel Management (OPM) decided that the House and Senate would participate in the District of Columbia's "Small Business Health Options Program" (SHOP) Exchange. However, this decision was controversial as federal and D.C. law prohibit employers with more than 50 employees from participating in the SHOP Exchange, and Congress employs thousands of people.
Furthermore, members of Congress, along with other elected officials such as the President and Federal judges, are exempt from certain conflict of interest laws. This exemption is due to concerns that requiring members of Congress to recuse themselves from matters in which they have a financial interest could interfere with their constitutional duties and disenfranchise their constituents.
While some of the claims about Congress members being exempt from healthcare reform laws are exaggerated or false, there have been instances where they have been exempt from certain provisions, and critics have argued that some of these exemptions are unlawful.
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Congress members can retire with full pay after one term
It is not true that members of Congress can retire with full pay after one term. This allegation has been circulating for over a decade. While it is true that lawmakers can qualify for generous pensions, it is not the case that they can retire with full pay after serving just one term. Rather, a lawmaker might qualify for a pension of 80% of their final salary, but only after many years of service.
Congress members, law enforcement officers, firefighters, and air traffic controllers may retire at a younger age and with fewer years of service than general and congressional employees. They also enjoy a higher benefit formula than general employees. For example, a member of Congress who has served for 25 years can retire at any age, but their pension will be reduced.
Congressional staff with at least 5 but fewer than 10 years of congressional and military service calculated at the 2.5% formula, have a 1.75% multiplier applied to each year of other non-congressional federal service until the total of congressional and non-congressional service reaches 10 years. A 2% multiplier is then applied to all other non-congressional federal service.
There are some laws that Congress has exempted itself from in the past. For example, a law from the time of the Civil War bars government officials from participating in matters in which they have a personal financial interest. However, this law does not apply to elected officials of the Federal Government, including Members of Congress, the President, the Vice President, and Federal judges. This is because it has been seen as possibly interfering with their constitutional duties and functions.
In the 1980s, there were news stories claiming that members of Congress had put themselves "above their own laws". However, following the "Republican Revolution" of 1994, Congress passed the Congressional Accountability Act (PL 104-1), which applies a dozen civil rights, labor, and workplace safety regulations to the legislative branch. This Act was further amended in 1998 to include certain provisions of the Veterans Employment Opportunities Act of 1998.
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Congress members exempt from Freedom of Information Act
Congress members are not entirely exempt from the Freedom of Information Act (FOIA). The FOIA, established in 1967, grants the public the right to request access to records from any federal agency. However, Congress established nine exemptions from disclosure to protect against certain harms, such as an invasion of personal privacy, national security, and law enforcement.
While the FOIA does not specifically exempt Congress members, there are instances where congressional records may not be subject to disclosure under the FOIA due to these exemptions. For example, records pertaining to national security or ongoing criminal investigations may be withheld to protect the public interest or law enforcement proceedings.
The application of the FOIA to Congress has been a subject of debate and criticism. Critics argue that Congress should be subject to certain laws, including the FOIA, to ensure transparency and accountability. In the Murphy v. Department of the Army case from 1979, the court's opinion indicated that members of Congress might be legally entitled to exempt documents under the FOIA.
It is important to note that the FOIA does not grant Congress members blanket immunity from its provisions. The FOIA still applies to Congress, and agencies are required to disclose information upon request unless it falls under one of the nine exemptions. Additionally, Congress has taken steps to increase transparency and accountability, such as establishing the Office of Government Information Services (OGIS) to mediate disputes between FOIA requesters and agencies and ensure compliance with the FOIA.
In summary, while Congress members are not entirely exempt from the FOIA, there are specific instances where congressional records may be withheld from disclosure to protect various interests, including personal privacy, national security, and law enforcement investigations. The FOIA continues to play a vital role in ensuring transparency and accountability in government, and Congress has also implemented measures to enhance its compliance with the Act.
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Frequently asked questions
No. This is a false allegation that has been circulating for years. Members of Congress are subject to the same mandate as others to purchase insurance, and their plans have the same minimum standards of benefits as other insurance plans.
No. This is another false allegation. Lawmakers can qualify for good pensions, but not after one term. A lawmaker might qualify for a pension of 80% of their final salary, but only after many years of service.
No. The Congressional Accountability Act (PL 104-1) applies a dozen civil rights, labor, and workplace safety regulations to the legislative branch. This includes prohibiting harassment based on sex, race, color, religion, national origin, age, and disability.
Yes, there are a few laws that Congress is not subject to. For example, members of Congress are exempt from a law that bars government officials from participating in matters in which they have a personal financial interest. This is because it could interfere with their constitutional duties and functions. Additionally, not all congressional records are subject to disclosure under the Freedom of Information Act (FOIA) due to the Act's nine exemptions.
