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Parliament name Congress More photos  >>> Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate Affiliation to the IPU No Affiliation date(s) 1889 - 2003 LEADERSHIP President John Boehner (M)  Notes Elected on 5 Jan. 2011. Secretary General Karen L. Haas (F)  Notes Sworn in on 5 Jan. 2011. COMPOSITION Members (statutory / current number) 435 / 432 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 73 (16.90%) Mode of designation directly elected 435 Notes Plus non-voting Delegates from the District of Columbia, US Virgin Islands, American Samoa and Guam and a non-voting Resident Commissioner from Puerto Rico. Term 2 years Last renewal dates 2 November 2010 (View details) CONTACT INFORMATION Address House of Representatives The Capitol - WASHINGTON D.C. 20515 (Export mailing lists) Phone (1202) 225 7000 Fax (1202) 225 1776 E-mail info.clerkweb@mail.house.gov Website http://www.house.gov http://thomas.loc.gov/

Parliament name Congress Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate LEGAL FRAMEWORK Electoral law 1 January 1900 Last amendment: 20/05/1993 Mode of designation directly elected 435 Constituencies 435 single-member constituencies Each Representative represents roughly the same number of citizens, provided that each State has at least one Representative. Within the constitutional limitation that "the number of Representatives shall not exceed one for every thirty thousand" inhabitants, the Congress itself has the power to determine the size of the House of Representatives. Voting system Majority: Single member plurality systems ("first past the post") except in the State of Georgia where a run off is held if no candidate receives an absolute majority. Vacancies arising between general elections are filled through by elections. Voting is not compulsory. Voter requirements - age: 18 years - US citizens who "in each State, shall have the qualifications requisite for electors of the most numerous branch of the State legislature" - the determination of who may vote falls under the jurisdiction of each State - absentee registration and voting mandated by federal law for certain groups of citizens (e.g. armed forces and merchant marine personnel, their spouses and dependants, private citizens residing outside the United States and government employees) - disqualifications: convicted felons, the mentally incompetent (most States) CANDIDATES Eligibility - qualified electors - age: 25 years - US citizenship for 7 years - residence in the State where running Incompatibilities - any civil office under the authority of the United States Candidacy requirements - nomination as a result of "nominating", or primary, elections of political parties is the practice in most States; it is regulated by state law - number of voters whose support is necessary to qualify as a candidate in either a party's primary or in a general election, and the necessity or amount of an accompanying filing fee, vary according to state law

Parliament name Congress Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate BACKGROUND Dates of election / renewal (from/to) 2 November 2010 Timing and scope of renewal Elections were held for all the seats of the House of Representatives on the normal expiry of the members' term of office. At stake in the 2010 midterm elections were all 435 seats in the House of Representatives and 37 seats in the 100-member Senate (see note). In the previous elections held in November 2008, in parallel with the presidential elections, the Democrats won 257 seats in the House of Representatives while the Republicans took 178. In the Senate elections, the Democrats won 20 seats, bringing their total to 59 seats (including support from two independents), thus narrowly failing to win the 60 seats required to avoid filibustering (the use of procedural hurdles to obstruct the passage of legislation). The Republicans took 15 seats in 2008, holding 41 seats in all. In the presidential elections, Mr. Barack Obama secured 53 per cent of the popular vote (and 365 votes in the electoral college), thereby becoming the first African American to accede to the highest office in the United States. President Obama was elected on his pledge to restore the country's economy. In February 2009, the Democrat-led Congress passed a US$ 787 billion economic stimulus bill that was opposed by the Republicans. In March 2010, Congress passed a health care reform bill, opposed by Republicans and some Democrats, which President Obama signed into law later the same month. The reform aims to extend medical coverage to some 30 million uninsured persons by 2014 and prohibit insurers from refusing coverage to persons with medical problems. Democrats hailed the law as a historic act while Republicans argued that the plan would lead to a government takeover of the country's private health care system and would result in higher premiums and taxes. The economy, health care reform and the federal deficit remained the major issues in the 2010 elections. Both the Democrats and Republicans promised to create more jobs, and make the country's economy more competitive. Although official statistics showed that the country's recession ended in June 2010, the unemployment rate remained high, at 9.6 per cent in September 2010, up from 6.2 per cent in September 2008. The federal budget deficit is expected to reach US$ 1.56 trillion in 2010, up from a record $ 1.41 trillion in the 2009 fiscal year. The Democrats were reportedly losing ground due to the country's economic difficulties. The Republicans pledged to reduce the size of federal government, stop its "out-of control spending" and repeal "the government takeover of health care". House Republican leader John Boehner, who was aspiring to become the new House Speaker, promised to cut spending and keep taxes at current levels. Republican Whip Eric Cantor launched the "YouCut" programme, whereby people can vote online to identify the spending cuts they want to see the House enact (with a view to implementing them in the federal budget). The election campaign revealed dissent among the Democrats. Few candidates openly defended the health care reform, with some emphasizing that they had opposed the bill. A number of Democratic candidates and incumbents in Republican-leaning districts reportedly distanced themselves from outgoing Speaker Nancy Pelosi. Her crucial role in the passage of the health care reform and her support for extending federal funding for abortions made her a target of attacks from conservatives. President Obama and Vice President Biden for their part urged voters' support for Democrats, arguing that it would be destructive and irresponsible to let Congress fall back into the hands of Republicans. Prior to the 2010 elections, a grass-roots conservative movement emerged, known as the Tea Party. It favours limited government, low taxes and reduced public spending. The Tea Party, which has not officially been registered as a political party, included prominent Republican figures such as former vice-presidential candidate Ms. Sarah Palin, Senator Jim Demint, former House Republican leader Dick Armey and House member Michelle Bachmann. Ms. Bachmann helped create the Tea Party Congressional Caucus comprising 52 of the 178 House Republicans. In the 2010 elections, 138 Tea Party-backed candidates (129 for the House and nine for the Senate), all Republicans, were vying for seats. The elections to the House of Representatives resulted in the largest swing since 1948, giving a resounding victory for the Republicans. They took 242 of the 435 seats at stake, up from 178 in 2008, while the Democrats' share was reduced from 257 to 193. In the Senate elections, the Democrats narrowly retained their majority, winning 13 seats, bringing their total to 53 (including support from two independents), while the Republicans won 24 seats, to hold 47 seats in all. Unofficial sources indicated that around 70 candidates endorsed by the Tea Party movement were elected to Congress. The newly elected Congress was convened on 5 January 2011. The House elected Mr. John Boehner (Republican) as its new Speaker. Vice President Biden (Democrat) and Daniel K. Inouye (Democrat) continue to serve as President and President pro tempore of the Senate. Note: 34 seats were renewed upon the normal end of the senators' term of office. Three other seats in Delaware, New York and West Virginia were subject to special elections after they had been vacated by Mr. Joseph Biden (elected US Vice-President), Ms. Hillary Clinton (appointed as Secretary of State) and Mr. Robert Byrd, who passed away in June 2010. STATISTICS Voter turnout Round no 1 2 November 2010 Number of registered electors Voters Blank or invalid ballot papers Valid votes Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Republican Party Democratic Party Distribution of seats Round no 1 Political Group Total of seats Number of women Republican Party 242 25 Democratic Party 193 48 Distribution of seats according to sex Men Women Percent of women 362 73 16.78% Distribution of seats according to age Distribution of seats according to profession Comments Sources: - US Congressional Research Service, Library of Congress (23.11.2010, 24.11.2010, 08.12.2010, 26.05.2011, 21.06.2011, 19.07.2011, 15.09.2011, 01.02.2012, 06.03.2012, 12.03.2012) - http://clerk.house.gov/member_info/mcapdir.aspx

Parliament name Congress Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate APPOINTMENT AND TERM OF OFFICE Title Speaker of the House of Representatives Term - duration: 2 years (term of House) - reasons for interruption of the term: resignation, death Appointment - elected by all Members of the House of Representatives on the first day of session of a new Congress - after mandates have been validated and before Members have been sworn in Eligibility - any Member may be a candidate Voting system - formal public vote by roll call - an absolute majority is required - if there are several rounds, new candidates are admitted Procedures / results - the Clerk presides over the House during the voting - the Clerk supervises the voting - the Clerk announces the results without delay - the results cannot be challenged STATUS Status - ranks third in the hierarchy of State - may act as pro tempore Head of State in case of the absence of the latter and of that of the Vice-President - the President of the Senate has precedence over the Speaker of the House of Representatives - the Speaker of the House and the President of the Senate co-chair joint sittings of both Chambers - is an ex officio member of certain advisory boards and certain committees according to the Standing Rules - is an ex officio member of the House Intelligence Committee - in case of vacancy, can be replaced by a pro tempore speaker Board Material facilities - Speaker's allowance: US $ 171,500/yr - MP's allowance of US$ 600,000/yr - special allowance for staff salaries, etc.: US$ 1,444,000 - allowance for leasing and equipping of office : US$ 200,000 - mail allowance: US$ 108,000 allowance for travel to and from the Home district and Washington D.C. - official car whose chaffeur is a bodyguard FUNCTIONS Organization of parliamentary business - examines the admissibility of bills and amendments in a few very specific cases - refers texts to a committee for study - designates ad hoc committees Chairing of public sittings - can only open, adjourn and close sittings on the order of the House - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the House - takes disciplinary measures in the event of disturbance, and lifts such measures - establishes the list of speakers, gives and withdraws permission to speak in accordance with the Committee on Rules - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities in specific cases set out in the Standing Orders - checks the quorum - authenticates the texts adopted and the records of debates - interprets the rules or other regulations governing the life of the House, based on precedents - has discretionary power to give the floor outside the agenda Special powers - is responsible for relations with foreign Parliaments - is responsible for safety, and in this capacity, can call the police in the event of disturbance in the House Speaking and voting rights, other functions - takes the floor in legislative debates as a Member of the House - takes part in voting as a Member of the House - proposes bills or amendments - takes the floor in legislative debates as a Member of the House - takes part in voting as a Member of the House - proposes bills or amendments

Parliament name Congress Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate NATURE Nature of the mandate · Free representation (see also Rule VIII (3) of the Rules of the House of Representatives) Start of the mandate · When the MPs take the oath Validation of mandates · Validation by the House of Representatives only in case of challenge (Art. I, S. 5 (1) of the Constitution of 1787, as amended up to May 1992) · Procedure End of the mandate · On the day when the legal term of the House ends. The U.S. Congress has no procedure akin to early dissolution. Can MPs resign? Yes · Yes, of their own free will · Procedure: in recent practice, the Member would notify the House of Representatives that he has submitted his resignation in writing to officials from his respective state government. · Authority competent to accept the resignation: the resignation does not have to be accepted Can MPs lose their mandate ? Yes Definitive exclusion from Parliament by the latter: - Invalidation of the mandate by the House of Representatives (see Validation of mandates) - Expulsion (see Discipline and Code of conduct) STATUS OF MEMBERS Rank in hierarchy · Within Parliament: 1. The Speaker 2. The House majority leader 3. The House minority leader 4. The assistant majority leader (whip) 5. The assistant minority leader (whip) 6. The other MPs (in accordance with seniority, that is prior service. In case of equality, seniority is determined by listing Members alphabetically.) Indemnities, facilities and services · Official passport · Basic salary (see also Art. I, S. 6 (1) of the Constitution): $ 136,700/per annum · Reduction of/exemption from tax · Pension scheme · Other facilities: (a) Secretariat/assistants/postal and telephone services/travel and transport (b) Cars and vans for official use by persons occupying selected leadership and administrative positions in the legislative branch (c) Security guards (d) Others Obligation to declare personal assets Yes Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. I, S. 6 (1) of the Constitution; see also Rule IX of the Rules of the House of Representatives). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. · Derogations: offense or insult (see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. I, S. 6 (1) of the Constitution; see also Rule IX of the Rules of the House of Representatives). · It applies only to civil proceedings, covers all offenses, but protects MPs only from arrest. · No derogations are foreseen. · Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. · Protection is provided only during sessions and while a Member is going to and returning from the session. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election. · Parliamentary immunity (inviolability) cannot be lifted. · Parliament cannot subject the prosecution and/or detention to certain conditions. · Parliament cannot suspend the prosecution and/or detention of one of its members. · In the event of preventive custody or imprisonment, the MPs concerned cannot be authorized to attend sittings of Parliament. EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs. The institutional orientation programs for new Members typically include such training (procedural parts voluntary). · It is provided by the House and by political parties (presented by pertinent administrative officers of the House, by experts associated with the respective parties, and by non-governmental public policy institutes, sometimes associated with universities) or by the Congressional Research Service or other organizations. · Handbooks of parliamentary procedure: - "House Manual" (rules with annotations of precedent, prepared by the Parliamentarian of the House) - House Practice (topical summaries of procedural rules, precedents, and practice, prepared by the Parliamentarian of the House) - Compilation of procedural precedents (prepared by the Parliamentarian of the House) - Guides to procedure (prepared by each party) - Guide to procedure (prepared by one of the standing committees) Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings, unless excused or necessarily prevented (Rule VIII (1) and Rule XI (1) (a) (1) in relation with Rule VIII (1) of the Rules of the House of Representatives). · Penalties foreseen in case of failure to fulfill this obligation: - plenary sitting - committee meetings: in practice, the obligation is unenforceable, at least insofar as Members may serve on committees whose meetings conflict. Discipline · The rules governing discipline within Parliament are contained in Art. I, S. 5 (2) of the Constitution and Rules I (2) to (4), III (1), IV (1), and XIV (4), (5), and (9) (b) of the Rules of the House of Representatives and in customary law. They are part of the Code of conduct. · Disciplinary measures foreseen: - Call to order (Rule XIV (4) to (5) of the Rules of the House of Representatives) - Judgment of the presiding officer - Order to present apologies - Denial of the privilege of speaking on the floor - Deletion from the Congressional Record (Rule XIV (9) (b) of the Rules of the House of Representatives) - Censure, reprimand or other forms of declaratory sanction - Fines - Loss of seniority - Referral to appropriate state or federal authorities - Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution) · Specific cases: - Offense or insult: Call to order, judgment of the presiding officer, further sanctions, referral to appropriate state or federal authorities. See also Penalties foreseen for violation of the code of conduct. · Competent body to judge such cases: - Call to order: another Member, the Speaker; the House (appeal) - Judgment of the presiding officer, denial of the privilege of speaking on the floor: the Speaker; the House (appeal) - Censure: pronounced by the Speaker pursuant to the vote of the House - Deletion from the Congressional Record, reprimand and other declaratory sanctions, fines, loss of seniority, expulsion from Parliament: the House - Order to present apologies: - Referral to appropriate state or federal authorities: - Offense or insult: depending on sanction (see Offense or insult) Penalties, where not self-executing, are carried out through the Speaker or Sergeant at Arms (for the latter, see Rule IV (1) of the Rules of the House of Representatives). · Procedure: - Call to order (Rule XIV (4) to (5) of the Rules of the House of Representatives) - Offense or insult: call to order, judgment of the presiding officer, referral to appropriate state or federal authorities - Order to present apologies - Denial of the privilege of speaking on the floor - Deletion from the Congressional Record (Rule XIV (9) (b) of the Rules of the House of Representatives) - Censure, reprimand or other forms of declaratory sanction - Fines - Loss of seniority - Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution) Code (rules) of conduct · This concept does exist in the country's juridical system (series of laws governing the behavior of MPs, Rules XLIII to XLVII of the Rules of the House of Representatives; see also Rule IX of the Rules of the House of Representatives). For disciplinary measures stricto sensu, see Discipline. For the Declaration on personal assets, see Obligation to declare personal assets. · Penalties foreseen for violation of the code of conduct: - Violations of the law: - Fines - Jail sentence - Violations of the congressional rules of conduct: - Censure, reprimand - Fines - Loss of seniority - Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution) · Competent body to judge such cases/to impose penalties: - Violations of the law: courts of law - Violations of the congressional rules of conduct: the House of Representatives directly or on recommendation of the ethics committee; the ethics committee (lesser penalties). The resolution of censure is read by the presiding officer. · Procedure and means of recourse Relations between MPs and pressure group · Some legal provisions exist

This page was last updated on 23 March 2012
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