Wednesday, October 30, 2013

Contacting Your Congressional Office 201: What are they doing?



I've entitled this section, "what are they doing?" because we want to look further at what actions you may expect your congressman's office to take and whether those actions are significant or not.  We'll also hopefully help you decide when it is worthwhile to contact your representative's office to show your support for specific actions.  This section deals with legislative issues, not general constituent contacts over personal problems with the bureaucracy. 

In each two year session of Congress there are thousands of bills introduced by Members of Congress.  Only a very tiny minority of these bills ever pass a single chamber and even fewer still ever get signed into law.  Of those that are passed and signed, only a fraction are substantive laws.  Many of the new laws that are passed are still laws that don't impact how the nation is governed, such as commemorative coin laws, laws giving post offices names, and other similar acts.  Many of the bills Members of Congress introduce are "stand alone bills" that contain a specific issue fix or a specific policy change.  These bills are often used purely as messaging bills to allow the representative to show that he or she is taking action on an issue.  However, as a caveat, it is also true that sometimes these bills are incorporated into larger bills, known as "vehicles" which have a good chance of being implemented as law.  Still, there are far more bills introduced merely to look good to the public than are introduced with the intention of achieving a change in the law.

When a bill vehicle is on the floor there will often be many amendments offered.  Amendments that are non-controversial will typically be lumped together and voted on all at once.  Amendments that are supported by leadership, such as the Speaker or the Chairman whose committee reported the bill to the entire chamber, may be included in what is known as a manager's amendment.  Amendments in the manager's amendment are also usually non-controversial and may include technical changes to the bill text such as fixes to typographical errors.  Like bills, amendments are often offered for purposes of messaging even when the Member of Congress knows that his or her amendments have no chance of being added to the vehicle.  Amendments can also be used as political tools to require other Members of Congress to make unpopular votes on specific issues.  This tactic is especially used by the minority, since it lacks the ability to bring its own bills to the floor for consideration. 

Next, Members of Congress can write official letters to each other and other parts of the government.  These letters usually either ask for a government action, cessation of a government action, or express support or opposition to a particular policy.  These letter do not have the force of law, so the only useful thing they do is show how many Members of Congress are supportive of the policy position put forward in the letter.  Unfortunately, many Members of Congress use official letters as a way to "show action" to their constituents when in reality they either cannot or will not do anything substantively to address the issue. 

In addition to official acts, such as letters and legislation, Members of Congress (and their offices) can also do a number of informal things.  A Member's staff can push for a specific policy with the committee of jurisdiction, they can contact the relevant government agency responsible for the issue and pressure them to take administrative action, and sometimes even reach out to important lobbyists to have them advocate a position to the government from the outside.  Of course, lobbyists have their own agenda, but every side of every issue typically has lobbyists and they're often eager to coordinate with a friendly Member of Congress on advocacy for their issue.  Lobbyists are also susceptible to logrolling and can be convinced to lobby for an issue they care about less in order to get assistance with their core interests.  It isn't unusual to see odd combinations of lobbyists on certain issues that are susceptible to this kind of coalition building.

How dedicated your Member of Congress is to a specific issue can often be gauged by how many of these tactics he or she is willing to engage in.  If the Member is dropping bills and amendments, writing letters, and leading a coalition of groups on an issue then he or she is probably using all the influence they possess to achieve an outcome.  If the Member just dropped a bill and issued a press release, or just wrote a letter, then there is some commitment, but it may or may not be that deep.  Keep in mind that Congress is controlled by leadership.  Leadership decides which bills comes up for votes, which bills move through committee, what policies are priorities in conference committees, etc...  Your representative may be writing ineffective letters and dropping bills that have no chance of passage because there is literally nothing else he or she can do. 

So how should this affect your thought process when you want to contact your representative's office on a legislative issue.  First, think about what issue you're planning to contact your representative about.  Is it a hot button issue that's a part of a bill that you know is coming, like the annual budget, but hasn't been introduced yet?  If so, this is probably your best opportunity to contact your representative, especially if he or she is in the majority.  Leadership wants to pass these big ticket bills so they try to craft them so that all their party members can support the bill.  This means they'll be whipping your representative on the bill (leadership asking about or pressuring a Member on legislation is referred to as a whip).  Your representative will likely be thinking a lot about the constituents back home when deciding what to ask for on the big ticket bill. 

Is the bill a single issue bill?  Your representative is likely getting whipped hard on these kinds of bills.  If you want an outcome different than leadership you need to let your representative know that his or her district supports that different outcome.  Members can get a "pass" from leadership if they really need to vote their district.  (This, of course, is one of the problems with D.C.  A lot of Members vote one way and hope the other.)  If your Member is a principled person your call of support will help even more, because he or she is probably voting against leadership without getting a pass, which can have negative consequences in things like fundraising and even committee assignments (if your representative is a habitual violator).  Your representative will be more likely to take the heat if there is a lot of constituent support for defiant actions (note, supportive statements probably shouldn't include a threat if the Member caves or a reference to who pays who's salary). 

We've looked at a couple of examples of when you should call your Congressman, but when is it probably a waste of everyone's time?  Is the issue you're calling about one of those thousands of bills with few cosponsors or only minority party cosponsors?  Is the bill in question still in that subcommittee it's been in for the last six months?  Chances are, it isn't going anywhere.  Unless your representative sits on the subcommittee in question there probably isn't any point in contacting your representative about this issue.  Keep an eye on the bill and if it gets reported out to the full committee then pick up the phone.  Bills that aren't moving in committee will not come to the floor.

Is the bill a House bill or a Senate bill?  There probably isn't any reason to call your Senators about House bills or your Representatives about Senate bills until it looks like those bills may pass the full chamber.  There may be a companion bill with the same or similar language in the other chamber though, so you might want to call about that instead.

Is the issue you're calling about a political question?  If you don't like the way a cabinet official is doing his or her job there's no point in calling your Member of Congress.  They can't affect how those officials are doing their jobs either.  Yes, the Congress can conduct oversight hearings (maybe we can talk about the effectiveness, or lack thereof, in another post) and have some official tools they can use, but ultimately all those things are probably not going to change the behavior of the executive branch.  You'll have to elect a different president to get different executive branch policies.

So take the time to investigate the issue you're planning to contact your representative about.  Make sure you're not wasting your time on non-issues and learn to evaluate your representative's commitment to an issue by asking about the specific steps he or she is taking to advance the preferred policy.  If it isn't clear what they're trying to accomplish or what they think is going to happen on an issue, then ask them.  For example, if they say they've written a letter to an agency to address a problem ask them whether they think the agency will change its policy.  Ask if they can share the agency's reply letter to you when it arrives (typically within 6-8 weeks).  If you take the time to ask questions and properly inform yourself on an issue you'll be much better able to evaluate your representative's performance and to influence how they handle the issues that matter to you.

Have additional questions?  Leave them in the comment section below.