Advocacy: A Legislative Primer

As international adoptions continue to increase, responding to country issues, specific case problems, legislation and regulation, has become an increasing part of our daily work.  As a collective group we must be ready to effectively communicate with lawmakers and other government officials on a moments notice.  There are several approaches to advocacy and the method used varies greatly depending upon the issue, urgency, numbers of individuals affected, and timing.  Advocacy is certainly not a one sized fits all approach.  Therefore, a little time taken to understand the congressional and regulatory process will help you to better communicate your message and be heard. 

Legislative Process  ▪  Tips for Contacting Members of Congress  ▪ 
Other Opportunities  ▪ Legislative Staff Descriptions  ▪ Glossary of Terms  ▪  Important Links  ▪ JCICS White Paper on International Child Welfare

Legislative Process

“I'm just a bill. Yes, I'm only a bill. And I'm sitting here on Capitol Hill.”   America Rock

Do you all remember this little ditty from Schoolhouse Rock?  Without confusing jargon like amendment trees, cloture votes, and privileged matters, this tune helped many to understand how a bill becomes a law.  So, in the spirit of that 1970’s pop culture sensation, I have attempted to outline the basic components of the legislative process.  This is most of what you will need to know to advocate effectively. 

The Very Basic

The United States Senate is composed of 100 members, two from each state regardless of population.   A Senator’s term of office lasts for six years, with one-third of the Senate membership elected every two years.   

The United States House of Representatives has 435 elected officials, all of whom are run for office every two years. The 435 seats are distributed across the fifty states according to population. 

A Congress, or Congressional Session, lasts for two years - with each session beginning in January after elections.  The primary function of Congress is to debate and enact legislation.  Only the House of Representatives can initiate revenue bills while the Senate maintains advice and consent on treaties and nominations. 

The Law Making Process

Anyone may draft a piece of legislation however, only members of the House or Senate may introduce legislation.  A sponsor or co-sponsor are the Congressional members who introduce the bill.  There are four principle types of legislation: bills, joint resolutions, concurrent resolutions, and simple resolutions. A public bill is the most common form if legislation. 

As mentioned above, any senator or member can introduce legislation.  In the House of Representatives the bill to be introduced is placed in the “hopper” at the side of the clerk’s desk, given a number, and then referred to committee.  In the Senate, the bill is usually presented to the clerks stationed at the presiding officer’s desk.  Of course, a Senator may rise to introduce the bill from the floor.  Once the bill is given a number, it is also referred to committee.

Committee Action

Legislation affecting specific areas of the law are referred to the committee that has jurisdiction on a particular issue.  If a piece of legislation affects more than one area of the law, it may be referred to multiple committees.  Most committees have at least two subcommittees.  When a bill reaches committee it is placed on the committee’s calendar.  The chair has two weeks to refer the bill to the appropriate subcommittee unless a majority of the majority members vote to consider the bill in full committee.  If the committee does not act on a specific piece of legislation, it is the considered to be the equivalent of “killing” the bill.

Committee and Subcommittee Hearings

If a piece of legislation is deemed to be urgent or sufficiently important, the committee or subcommittee may schedule a public hearing.  Hearings provide the opportunity for the executive branch, experts, public officials, and the public to express their views about a bill.  Testimony can be given orally or submitted as a written statement.  All statements will become part of the official record. 

Subcommittee Action

Once hearings are completed, the subcommittee may meet to “mark-up” the bill.  Mark-Up refers to the process whereby the bill is amended or changed prior to reporting the legislation to the full committee for consideration.  If the subcommittee does not vote to report the bill to the full committee, then the bill is said to have “died in committee”

Committee Action

After receiving the report from subcommittee, the full committee can conduct further hearings or studies and/or amend the bill. The full committee then votes to report the bill to the respective chamber.  If the bill is “tabled” that generally will mean that the legislation will die in committee. 

Reported Bills

Once the bill is reported out of committee, the Committee Chair will instruct that a report detailing the scope of the bill be written.  This report describes the intent and purpose of the legislation, impact on existing laws and programs, and the views of dissenting members of the committee. 

Scheduling Floor Action

After the bill is reported back to the chamber from which it originated (House or Senate), it is placed in chronological order on the calendar.  Things can become a little confusing here.  In the House, there are several different legislative calendars – it is the Speaker of the House and Majority Leader who determine if, when and in what order bills will be considered.  In the Senate there is only one legislative calendar – the Business Calendar.  

Debate

“Mister Speaker I rise today with my good friend from Illinois…”

When a bill reaches the floor of the House of Representatives or the Senate for consideration, there are many rules and procedures that govern debate.  There are volumes of pages written on this, most of which is way beyond what you need or want to know.  In simple laymen’s terms, these rules determine the conditions and amount of time allowed for debate. 

Voting

Again, there are many rules on voting procedures.  Each are different in the House and Senate.  Basically, after debate and the approval of any last minute amendments, the bill is either passed or defeated by a majority of the members voting. 

 Referral to the Other Chamber

Once a bill is passed in either the House or the Senate it is then referred to the other chamber to follow the same procedure through committee and floor action.  The other chamber can approve the bill as received, reject, modify or simply ignore the legislation.  There are situations where a companion bill is already making its way through the other chamber and therefore, referral is unnecessary. 

Conference Committee

If only small changes are made to the bill by the second chamber, it is most common for the bill to be sent back to the originating chamber for concurrence – i.e., signing off on the minor changes.  However, if the actions of the second chamber alter the legislation significantly, a conference committee is formed to iron out the differences between the two versions of the bill.  Conference Committees consist of majority and minority members of both the House and Senate (bicameral). If an agreement is reached, a conference report is prepared outlining the committee’s recommended changes.  Both the House and Senate must approve the conference report. 

Final Actions

Once an identical bill is passed from the House and Senate, it is sent to the president.  If the president approves the legislation, it will be signed and become law.  Alternatively, the president can take no action for ten days, after which it automatically becomes law (only if Congress is in session).  If the president opposes the bill, he can veto or take no action after Congress has adjourned its second session (sine die).  This is considered a “pocket veto” and the legislation fails to become law. 

Overriding a Veto

Once a bill is returned to the originating chamber with the president’s objections, the bill can be postponed, referred back to committee, or tabled.  Once brought up, no less than two-thirds of the members must vote favorably to override the president’s veto.  If passed from the originating chamber, it is transmitted to the second chamber where the same process is repeated.  If two-thirds of the members in the second chamber vote favorably for the bill, the measure becomes law despite the president’s objections.  If neither chamber reaches the two-thirds rule, the veto is sustained and the legislation fails to become law. 

Further resources:

House Practice:  A Guide to the Rules, Precedents and Procedures of the House, by Wm. Holmes Brown, Parliamentarian of the House (1974-1994)

Senate Procedure, by Floyd M. Riddick, Parliamentarian Emeritus of the Senate, and Alan S. Frumin, Parliamentarian of the Senate

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Tips for Contacting your Congressional Representatives

While many people do contact their congressional offices to discuss certain pieces of legislation, more often than not, individuals and groups call, visit or write to express a particular opinion and request assistance for a certain problem. This type of communication necessities a slightly different approach.  As any congressional staffer will tell you, your approach is just as important as the message you carry.  In fact, your approach can frequently determine the result of your effort.  Thankfully, you do not have to be a beltway insider to get your message across.  Sure subtleties and contacts do matter, but a well-formulated and straightforward approach can be just as effective as a hired gun.  To assist in this regard, I have suggested some simple rules for getting your message across when visiting a Congressional office. 

In Person Meetings:

* Plan Your Visit

Be very clear about your objectives.  Determine in advance who you will need to meet with to achieve your purpose – Congressional or Committee offices. In addition, make it a point to learn more about the Congressmen/Congresswomen and Senators who represent you. It's good to have a general understanding of their personal background, what issues are most important to them and of course, which political party they belong. Armed with that information, consider sending a letter to their office that introduces yourself, your agency and outlines the key issues affecting your organization.

Also, be political.  Members of Congress want to represent the best interests of their constituents and their districts.  Whenever possible, demonstrate the connection between what you are requesting and the interests of the member’s constituency.

Lastly, as a starting point for discussion, know the member’s position on your issues.  If he/she is already a supporter of international adoption, do not waste everyone’s time by explaining its importance.  If he/she is opposed to a particular strategy understand that you may have an uphill battle.  It is best to understand their positions before walking through the door.

* Make an Appointment

When attempting to meet personally with a member of Congress, contact the scheduler – in writing sent by fax.  Explain your reasons for requesting the meeting, the timeframe of your planned visit, and number of attendees. An optimal number of attendees is around three but no more than five.  If you are requesting a meeting in the Washington DC office, do not be offended if you meet with legislative staff.  Staff play a critical role in developing the positions for members of Congress.  They have the large responsibility for evaluating the political outcome of legislative proposals and constituent requests and make recommendations to their bosses about the pros and cons of particular issues.  Simply put, Congressional staff have a great deal of power.  Be just as courteous with them as you would with a member of Congress. 

* Be Brief and Simplify, Simplify, Simplify

Brevity:  The one word that should sum up your approach during meetings.  Chances are that you will only have 20 minutes of quality time with Congressional staff and less if the member attends.  Make your argument as simple as possible by highlighting your three most important points. Outline your concerns and be clear about what you are asking of the member and why.  This will reduce any misunderstandings and increase the chance that your particular request will be acted upon. 

* Leave Something Behind

Prepare a one or two page bulleted summary of your message/request and leave copies for the staff.  This way they will have a written version of the meeting to refer to when discussing the issue with their boss or other officials.  Refrain from supplying volumes of information on a particular subject unless it is specifically requested.  Congressional staff are inundated with information about the various issues they cover and rarely have time to weed through it all.  If they need additional information from you, they will ask.  Anyway, providing more information at a later date is a good way follow-up after the meeting. 

* Be Responsive

Be sure to always send a thank-letter.  No, email does not count.  A written letter should include an outline of the points covered during the meeting, answers to any outstanding questions, and a recap of any planned action.   

Letter Writing Tips:

Writing letters to your elected officials is a valuable tool in influencing the political process.  Constituent letters inform members of Congress about key issues and policies that are important to their districts.

The following tips will help you to draft an effective letter to your representatives:

• Be respectful.  Address the letter using the elected official’s formal title.

• Be clear on whose behalf you are speaking.

• Get to the point.  Identify early on the issue you are concerned about and action you are seeking.  If the issue deals with specific legislation, make sure to include the bill number.

• Stay on point and be specific.  Do not deviate from your main argument

• Provide local color.  Describe the importance of the issue and its impact on international adoption and you as a constituent. 

• Disagree diplomatically.  If you are writing to voice opposition to a position or action, try to provide your reasons and concerns in a forceful yet dispassionate manner.  This can be difficult when dealing with child welfare issues but will ensure that your message is what will be heard. 

• Repetition.  Repeat the desired outcome that you are seeking in your closing paragraph

• Say “thank you”.  Do not forget to write back to express appreciation and support when an elected official has acted upon your request. 

Calling Tips

When time is of the essence, it is best to use phone calls to members of Congress to register your opinion or influence a decision. 

The following tips will help you in making a successful phone call:

• Identify yourself as a constituent if applicable.  Clearly state your name, from where you are calling and the reason for your call. 

• Ask to speak with the staffer who handles adoption issues. 

• Immediately identify the topic you care calling to discuss.

• Make a few brief points as to why the issue is of concern to you and why the Members should take action.  As mentioned above, stay on point and remain clear in your argument while you are articulating your case. 

• Be clear about what you are asking the member to do, e.g. asking the member to sign a “Dear Colleague” letter or call an ambassador. 

• Be polite in tone and language.  The staffer on the other end of the phone receives dozens of calls each day.  Your professionalism will be appreciated. 

• Keep it brief.  Limit the focus of your call to no more than five minutes.

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Other Opportunities to Provide Recognition and Build Relations

You should not wait until a crisis occurs to contact your Representatives and Senators.  Building relationships in advance provides the base of understanding and personal rapport to draw upon once that crisis situation emerges.  Provide opportunities for your elected officials to learn more your organization.  Some examples include:

• Invite members of Congress to address your organization at scheduled events.  This could be formal meetings or reunions where many constituents are present.  These types of activities provide elected officials with an opportunity to show their constituents their involvement in local matters.

• Participate in your officials “town hall” meetings.  Nearly every member of Congress conducts “town hall” meetings to personally meet with constituents and hear their views.  Attend these sessions and provide public credit actions members have taken in support of international adoptions. 

• Provide public credit and exposure.  If a particular member was instrumental in fostering a particularly difficult adoption case, feature their actions in your newsletters and on your website. Contact the local press to highlight actions taken in support of international adoption.

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Congressional Staff Organization

Most congressional offices are comprised of the following staff:

1. Administrative Assistant or Chief of Staff (AA, CoS) – The administrative assistant or Chief of Staff report directly to the member of Congress.  This position has direct oversight over office operations and is concerned with all legislative issues and political ramifications.

2. Legislative Director (LD) - Te Legislative Director oversees all legislative issues and coordinates legislative staff activities.

3. Legislative Aide or Assistant (LA) – Each congressional office has several legislative assistants who track and research legislation on behalf of their member.  The majority of office meetings are scheduled with these staff.  LAs make recommendations to the member of Congress as to the merits of legislative items.  LAs also prepare remarks, draft speeches, respond to constituent mail and write newsletters on issues under their specific area of expertise.

4. Press Secretary – The press secretary is responsible for maintaining a good public image for the member via press, radio and television coverage.  They also assume responsibility for writing press releases, radio comments and other scripts.

5. Legislative Correspondent (LC) – The legislative correspondent is mainly tasked with responding in writing to constituent mail or opinions offered by phone.

6. Receptionist/Staff Assistant – Each congressional office has a receptionist.  They sit at the front desk to handle the traffic flow of phone calls, visitors and constituent requests.

7. Appointment Secretary and/or Office Manager – This staff person is responsible for allocating the member’s time in such a way that legislative work is done will visits with constituents and others re accomplished within the limitation of a tight and frequently changing workday.

8. District Director – The district director manages all operations within the member’s congressional district or state. 

9. Case Workers – Each congressional office has one or more staff persons whose main job is to try and resolve individual constituent problems.  These staff are most often located in the district offices and focus their efforts on assisting constituents in need.  They also provide outreach in the district. 

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Important Links

• www.house.gov

• www.senate.gov

• http://thomas.loc.gov/

• www.travel.state.gov

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JCICS White Paper on International Child Welfare