THE BASICS OF LEGISLATIVE BRANCH RELATIONS

General Background

Lobbyist
A lobbyist is any individual who is employed or retained for compensation by a company/client for services that include more than one lobbying contact.

Basic Rule for Registration and Reporting by Lobbyists
Lobbyists/individuals/employees (and the company that retains/employs them) must register with the Secretary of the Senate and the Clerk of the House of Representatives, no later than 45 days after they first make a lobbying contact on behalf of the company.

However, an important exception to the "lobbyist" definition is that an individual is not a lobbyist if his or her "lobbying activities" constitute less than 20% of the time devoted by that individual to services for that company. This exception is intended to exclude from the definition employees of a company whose lobbying-related work is only a minor or peripheral part of their job.

Individuals employed or contracted with primarily for other tasks fall under the above-referenced exception and therefore do not have to register with the Congress (when in doubt, check with the authorities).

Telephoning Your Members of Congress
To find your representative's phone number, use the following online congressional directories or call the U.S. Capitol Switchboard at (202) 224-3121 and ask for your Senator and/or Representative's office.

http://clerkweb.house.gov/106/mbrcmtee/members/teledir/members/Congdir.htm
http://clerkweb.house.gov/106/mbrcmtee/members/teledir/members/SenDir.htm
http://legislators.com/rollcall/congdir.html

Requesting an Appointment:
Unless you are a personal friend/major contributor, Senators and Representative rarely take unscheduled telephone calls, so you need to call and arrange for an appointment to talk /visit with these officials. Ask to speak to the member's staff who handles appointments. Introduce yourself, identify your employer/business operations within the member's district/state, what you want to talk about and how long the conversation/meeting should take. Also offer/be prepared to provide written material on you/the company/the issue you want to discuss prior to the meeting.

Commenting on a Pending Issue
Ask to speak with the aide who handles the issue on which you wish to comment.

After identifying yourself/company info referenced above, tell the aide you would like to leave a brief message, such as: "Please tell Senator/Representative (Name) that I/the company support/oppose (S.___/H.R.8___)."

You will also want to state reasons for your support or opposition to the bill. Ask for your Senator or Representative's position on the bill. You may also request a written response to your telephone call.

Writing Your Members of Congress
The letter is still the most popular choice for communicating with a congressional official. Given the great volume of mail which government officials receive daily, your letter must be clear and concise and should be structured as follows:

  • Your purpose for writing should be stated in the first paragraph of the letter. If your letter pertains to a specific piece of legislation, identify it accordingly, e.g., House bill: H. R. ____, Senate bill: S.____.
  • Be concise, to the point, and include key information, using specific examples to support your position.
  • Address only one issue in each letter; and, if possible, keep the letter to one page.
  • If you have previously talked/worked with a staff member on the issue, let him/her know in advance that you're sending a letter and send the staffer a blind copy with a "Thanks for your help" etc. hand written note.

Addresses/Salutations:
To a Senator:

The Honorable (full name)
__(Rm.#)__(name of) Senate Office Building
United States Senate
Washington, DC 20510

Dear Senator:

To a Representative: The Honorable (full name)
__(Rm.#)__(name of) Senate Office Building
United States House of Representatives
Washington, DC 20515

Dear Representative:

When writing to the Chair of a Committee or the Speaker of the House, it is proper to address them as:

Dear Mr. Chairman or Madam Chairwoman:

Dear Mr. Speaker:

E-mailing Congress
The same content guidelines apply as with written letters to Congress.

Note, however, that a recent Hill study indicated that e-mails are less effective than written letters for making an initial contact on an issue. However, for follow-ups, quick "Thank you" or issue updates, e- mails are useful.

Congressional E-mail Addresses:

http://www.lib.umich.edu/govdocs/congress/conemail.txt

Visiting Capitol Hill
Meeting with a member of Congress or congressional staff is the most effective way to convey a message about a specific issue. Below are some suggestions to consider when planning a visit to a congressional office.

Which Member(s) Should You Target
When seeking help from Congress, draw up your target list using the well-established guidelines "All Politics Is Local" and "Legislative Power Resides In The Committees". Thus, first tier target contacts should be members representing office/employee-constituent districts who serve on committees exercising jurisdiction over your issue area.

For electronic commerce/information technology issues, primary congressional jurisdictional responsibilities are divided as follows:

House Committees: Appropriations, Commerce, Judiciary, Science, and Government Reform;

Senate Committees: Appropriations, Commerce, Judiciary, and Government Affairs.

A member's committee assignments can be found on the web sites listed under the Check Out Member's Background, below. Details concerning specific committee jurisdiction can be found at:

http://www.house.gov/house/CommitteeWWW.html
http://www.senate.gov/committees/index.cfm
 Check Out Member's Background:
As stated above, it's much easier to converse with people if you know something about them/their background, and for elected officials, the information/their pictures etc., are readily available. http://www.senate.gov/senators/index.cfm
http://www.house.gov/house/MemberWWW.html
http://www.access.gpo.gov/congress/106_pictorial/index.html Plan Your Visit Carefully:
Be clear about what it is you want to achieve and determine in advance which member or committee staff you need to meet with to achieve your purpose.

Make an Appointment:
When attempting to meet with a member, contact the Appointment Secretary/Scheduler. Explain your purpose/issue you want to discuss, who you represent and how long the meeting should take. It is easier for congressional staff to arrange a meeting if they know what you wish to discuss and your relationship to the area or interests represented by the member.

Be Prompt and Patient:
When it is time to meet with a member, be punctual and be patient. It is not uncommon for a Congressman or Congresswoman to be late, or to have a meeting interrupted, due to the member's crowded schedule. If interruptions do occur, be flexible. When the opportunity presents itself, continue your meeting with a member's staff.

Be Prepared:
Whenever possible, bring to the meeting prepared written information and materials supporting your position. Members are required to take positions on many different issues, and more often then you think, a member lacks important details about the pros and cons of a particular matter. It is therefore helpful to share with the member information and examples that demonstrate clearly the impact or benefits associated with a particular issue or piece of legislation. It is likewise very important to also provide information on opposing points of view and the political risks the member might face if he/she supports your position.

Be Political:
Members of Congress want to represent the best interests of their district or state. Therefore, wherever possible, demonstrate the connection between what you are requesting and the interests of the member's constituency. If possible, describe for the member how you or your group can be of assistance to him/her. Where it is appropriate, remember to ask for a commitment.

Be Responsive:
Be prepared to answer questions or provide additional information, in the event the member expresses interest or asks questions. Follow up the meeting with a thank you letter that outlines the different points covered during the meeting, and send along any additional information and materials requested.

Congressional Staff
Each Member of Congress has staff to assist him/her during a term in office. Although some of these individuals are surprisingly young/not too long out of college, many have a substantial say on whether/what position the member takes on an issue. Moreover, senior staff may in fact actually control/make the ultimate call on whether/what the member's position will be on an issue or given piece of legislation. Therefore, it is important to establish a good working relationship with the member's professional staff at the outset.

Commonly Used Titles:

Administrative Assistant or Chief of Staff:
The Administrative Assistant (AA) reports directly to the member of Congress. He/she usually has overall responsibility for evaluating the political outcome of various legislative proposals and constituent requests. The AA is usually the person in charge of overall office operations, including district office operations, the assignment of work and the supervision of key staff.

Legislative Director, Senior Legislative Assistant, or Legislative Coordinator:
The Legislative Director (LD) is usually the staff person who monitors the legislative schedule and makes recommendations regarding the pros and cons of particular issues. As stated above, in many cases, the actual decisions regarding legislative issues is often made by the LD. In some congressional offices there are several Legislative Assistants (LA's) and responsibilities are assigned to staff with particular expertise in specific areas. For example, depending on the responsibilities and interests of the member, an office may include a different LA for business issues, telecommunications, environmental matters, taxes, etc.

Press Secretary or Communications Director:
The Press Secretary's responsibility is to build and maintain open and effective lines of communication between the member, his/her constituency, and the general public. The Press Secretary is expected to know the benefits, demands, and special requirements of both print and electronic media, and how to most effectively promote the member's views or position on specific issues.

Appointment Secretary, Personal Secretary, or Scheduler:
The Appointment Secretary is usually responsible for allocating a member's time among the many demands that arise from congressional responsibilities, staff requirements, and constituent requests. The Appointment Secretary may also be responsible for making necessary travel arrangements, arranging speaking dates, visits to the district, etc. Be very friendly/polite when dealing with them, because they indeed are the gatekeepers to gaining access to the Member.

Caseworker:
The Caseworker is the staff member usually assigned to help with constituent requests by preparing replies for the member's signature. The Caseworker's responsibilities may also include helping resolve problems constituents present in relation to federal agencies, e.g., Social Security and Medicare issues, veteran's benefits, passports, etc. There are often several Caseworkers in a congressional office.

Misc. Staff Titles:
Other titles used in a congressional office may include Executive Assistant, Legislative Correspondent, Executive Secretary, Office Manager, and Receptionist.

Legislative Process Summary
Bills/Legislation
Anyone may draft a bill; however, only members of Congress can introduce legislation, and by doing so become the sponsor(s).

There are four basic types of legislation: bills, joint resolutions, concurrent resolutions, and simple resolutions.

Bills: A bill is the form used for most legislation, whether permanent or temporary, general or special, public or private.

Bills may originate in either the House of Representatives or the Senate with one notable exception provided in the Constitution. Article I, Section 7, of the Constitution provides that all bills for raising revenue shall originate in the House of Representatives but that the Senate may propose or concur with amendments.

There are two types of bills -- public and private. A public bill is one that affects the public generally. A bill that affects a specified individual or a private entity rather than the population at large is called a private bill. A private bill is used for relief in matters such as immigration and naturalization and claims against the United States.

A bill originating in the House of Representatives is designated by the letters "H.R." followed by a number that it retains throughout all its parliamentary stages. The letters signify "House of Representatives". A Senate bill is designated by the letter "S." followed by its number.

A bill that has been agreed to in identical form by both bodies becomes the law of the land only after:

  • Presidential approval; or
  • Failure by the President to return it with objections to the House in which it originated within 10 days while Congress is in session; or
  • The overriding of a presidential veto by a two-thirds vote in each House.
Joint Resolutions

Joint resolutions may originate either in the House of Representatives or in the Senate. There is little practical difference between a bill and a joint resolution and the two forms are often used interchangeably. One difference in form is that a joint resolution may include a preamble preceding the resolving clause. Both are subject to the same procedure except for a joint resolution proposing an amendment to the Constitution.

When a joint resolution amending the Constitution is approved by two-thirds of both Houses, it is not presented to the President for approval. Following congressional approval, a joint resolution to amend the Constitution is sent directly to the Archivist of the United States for submission to the several states where ratification by the legislatures of three-fourths of the states within the period of time prescribed in the joint resolution is necessary for the amendment to become part of the Constitution.

A joint resolution originating in the House of Representatives is designated "H.J. Res." followed by its individual number that it retains throughout all its parliamentary stages. One originating in the Senate is designated "S.J. Res." followed by its number.

Joint resolutions, with the exception of proposed amendments to the Constitution, become law in the same manner as bills.

Concurrent Resolutions

Matters affecting the operations of both Houses are usually initiated by means of concurrent resolutions. Concurrent and simple resolutions (discussed below) normally are not legislative in character since they are not "presented" to the President for approval, but are used merely for expressing facts, principles, opinions, and purposes of the two Houses. A concurrent resolution is not equivalent to a bill and its use is narrowly limited within these bounds.

A concurrent resolution originating in the House of Representatives is designated "H. Con. Res." followed by its individual number, while a Senate concurrent resolution is designated "S. Con. Res." together with its number. On approval by both Houses, they are signed by the Clerk of the House and the Secretary of the Senate and transmitted to the Archivist of the United States for publication in a special part of the Statutes at Large volume covering that session of Congress.

Simple Resolutions

A matter concerning the rules, the operation, or the opinion of either House alone is initiated by a simple resolution. A resolution affecting the House of Representatives is designated "H. Res." followed by its number, while a Senate resolution is designated "S. Res." together with its number. Simple resolutions are considered only by the body in which they were introduced. Upon adoption, simple resolutions are attested to by the Clerk of the House of Representatives or the Secretary of the Senate and are published in the Congressional Record.

The official legislative process begins when a bill or resolution is numbered - H.R. signifies a House bill and S. a Senate bill - referred to a committee and printed by the Government Printing Office.

After a bill has been written and introduced…..

Step 1. Referral to Committee: With few exceptions, bills are referred to standing committees (Commerce, Finance, etc.) in the House or Senate according to carefully delineated rules of procedure.

Step 2. Committee Action: When a bill reaches a committee it is placed on the committee's calendar. A bill can be referred to a subcommittee or considered by the committee as a whole. It is at this point that a bill is examined carefully and its chances for passage are determined. If the committee does not act on a bill, it is the equivalent of killing it.

Step 3. Subcommittee Review: Often, bills are referred to a subcommittee for study and hearings. Hearings provide the opportunity to put on the record the views of the executive branch, experts, other public officials, supporters and opponents of the legislation. Testimony can be given in person or submitted as a written statement.

Step 4. Mark Up: When the hearings are completed, the subcommittee may meet to "mark up" the bill, that is, make changes and amendments prior to recommending the bill to the full committee. If a subcommittee votes not to report legislation to the full committee, the bill dies.

Step 5. Committee Action to Report A Bill: After receiving a subcommittee's report on a bill, the full committee can conduct further study and hearings, or it can vote on the subcommittee's recommendations and any proposed amendments. The full committee then votes on its recommendation to the House or Senate. This procedure is called "ordering a bill reported."

Step 6. Publication of a Written Report: After a committee votes to have a bill reported, the committee chairman instructs staff to prepare a written report on the bill. This report describes the intent and scope of the legislation, impact on existing laws and programs, position of the executive branch, and views of dissenting members of the committee.

Step 7. Scheduling Floor Action: After a bill is reported back to the chamber where it originated, it is placed in chronological order on the calendar. In the House there are several different legislative calendars, and the Speaker and majority leader largely determine if, when, and in what order bills come up. In the Senate there is only one legislative calendar.

Step 8. Debate: When a bill reaches the floor of the House or Senate, there are rules or procedures governing the debate on legislation. These rules determine the conditions and amount of time allocated for general debate.

Step 9. Voting: After the debate and the approval of any amendments, the bill is passed or defeated by the members voting.

Step 10. Referral to Other Chamber: When the House or the Senate passes a bill it is referred to the other chamber where it usually follows the same route through committee and floor action. This chamber may approve the bill as received, reject it, ignore it, or change it.

Step 11. Conference Committee Action: If the other chamber only makes minor changes to a bill, it is common for the legislation to go back to the first chamber for concurrence. However, when the actions of the other chamber significantly alter the bill, a conference committee is formed to reconcile the differences between the House and Senate versions. If the conferees are unable to reach agreement, the legislation dies. If agreement is reached, a conference report is prepared describing the committee members' recommendations for changes. Both the House and the Senate must approve of the conference report.

Step 12. Final Actions: After both the House and Senate have approved a bill in identical form, it is sent to the President. If the President approves of the legislation he signs it and it becomes law. Or, the President can take no action for ten days, while Congress is in session, and it automatically becomes law. If the President opposes the bill he can veto it; or, if he takes no action after the Congress has adjourned its second session, it is a "pocket veto" and the legislation dies.

Step 13. Overriding a Veto: If the President vetoes a bill, Congress may attempt to "override the veto." This requires a two-thirds roll call vote of the members who are present in sufficient numbers for a quorum.

That wraps up our overview of dealing with "the Hill". You now have the basics, but obviously a lot more information is needed to effectively perform in this arena, not to mention experience, skill and judgment.

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