Understanding the Congressional Customer

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1 Understanding the Congressional Customer May 2018

2 There has never been more information clutter coming into and around the U.S. Congress. I have dubbed it information clutter and it seems to be getting worse, not better. The barrier to providing information from everywhere in America to the Congress is close to zero. You can the Congress, post an idea on social media, tweet a viewpoint or produce a video on an important issue facing the country that could go viral and hit national media. You can even write an earnest letter on public policy and hope the right person in the legislative branch will be moved to action. But information clutter is immense. My three favorite facts: data reveals there were 11,562 registered lobbyists active, interacting with members of Congress and their staff, attempting to influence the outcome of laws and regulations; 2. $3.36 billion was reportedly spent on advocacy, not only the cost of direct lobbying, but also including all influence tools available to obtain the right advocacy outcome (paid media, grassroots engagement, proactive public relations, research, coalition building and the expanding digital properties); 3. Results from The Congressional Communications Report (2017) reveal congressional staff is younger and less seasoned since 2012, and that there is an experience drain accelerating in Congress among the staff, impacting institutional knowledge and history. So how does an individual, corporation, non-profit, civil rights group, or labor unions ensure their perspective is heard and acknowledged? I believe that obtaining the best results from advocating before the U.S. Congress is a direct result of understanding the desires and interests of members and staff you wish to influence. Often interest groups think about how a regulation or piece of legislation will impact their organization or members, but it is much different to begin the advocacy effort with the question of how does the member of Congress benefit from helping us achieve our end results? As a congressional staffer and then an advocate, I rarely heard discussions in advocacy meetings looking at an issue from a member s perspective. That s important because you need to align your issue interest with that of the legislator who has the ability to make or break your success. The best preparation for creating Capitol Hill momentum is to thoroughly understand the motivations of the legislators you seek to influence. Knowing he or she will make the probability of their involvement significantly higher because it helps you understand their mindset. Here are my nine favorites to consider: 1. How did the legislator get to the position? Was the election hard-fought? Was the last election close? Or did the Member just move from one safe seat in the state legislature to the next, giving the perception that is was their turn. Or, was the Member s election a surprise? Learning what the Member did to win the election will give you important insights into how he or she will serve in the Congress. The election victory often impacts how the elected official thinks about getting engaged in an issue. 2. What was their former occupation? Former Speaker of the House Newt Gingrich mentioned to me years ago that effective advocates need to look at the former occupation(s) of a member of Congress to understand how he or she processes information and makes decisions. A medical doctor processes information differently than an entrepreneur. A nurse might bring a different perspective than a 1

3 former state legislator. We all bring experiences and insights from positions we hold. It helps shape how we think and act. 3. How partisan is the member? Unfortunately, Congress has become more partisan than ever before. However, not all members of Congress are strict ideologues. Most members always pay the most attention to their state or district. But it is important to determine how partisan a Member might be because it says something about you and your issue. Picking the wrong champion or having too many cosponsors with fervent ideological ties could sink your effort, even if the cause is right and just. 4. What is the member s longer-term vision of success in Congress? President Obama s victory demonstrates that you can lose a congressional election, win a senate race and end up being President. No, it isn t easy. But my point here is to try to assess the future aspiration of the Member of Congress. Many of our elected Senators and Representatives want to do their job and be an effective member of the Congress. Others are already thinking of how to use the current position to obtain a higher viewed elected position. Knowing this will help determine how active the individual can be on your behalf. 5. Who supported the members election or reelection? Tracking those who helped the Member win his or her seat can often reveal much about a Member. Determining which, if any, political action committees weighed in with financial resources, and to what degree, might give you more insight into the Member. It may reveal economic interests connected to the district, past professional connections, or even personally held values. 6. What are the economics of the district? This is extremely important. For most Members of Congress, the economics of their district (businesses, jobs, labor union members, etc.) will help drive their decisions on policy. Years ago, I worked for a member from southwestern Minnesota. agriculture country. His was always aware and sensitive to farm interests and small businesses, as his largest city was Willmar, Minnesota with a population slightly under 20,000. Tens of thousands of farms and small businesses were scattered across the congressional district. 7. What is the individual s personality or pedigree? Congress does represent America as we have all kinds of personalities representing us. It is important for you to make an assessment of the Member s personality. Some are very nice and are easy to interact with on issues. Some are hesitant to make commitments and will need additional information. Some can be prickly and there are probably better times to schedule a meeting with him or her. The point here is that their personality or pedigree (was their mother or father an elected official?) impacts and shapes their worldview and subsequent actions. 8. How competitive is the next election? Members generally have a 94.6% chance of getting reelected. But that doesn t mean it's a sure thing. Members of Congress (especially Members of the House) are always concerned about their re-election. They are always focused on the upcoming race. Your understanding of the politics facing the Member will help you evaluate how much he or she can help you on particular legislation. 9. What are the members personal interests? Getting to know personal interests are harder these days. Many members are not in Washington when Congress is not casting votes. But you should work at this because it can reveal individuals who will give you their all in supporting public policy which impacts their 2

4 family or friends directly. I served on the Juvenile Diabetes Research Foundation (JDRF) board, which worked actively with the Congressional Diabetes Caucus to secure federal funding of diabetes research to match the 100 million plus contributed each year by JDRF supporters. All of these members were passionate and committed to working toward a cure. I was never so moved by the amount of passion and positive energy to get results, across partisan lines. It taught me that leveraging a Member s personal interest with an important public policy issue creates an unstoppable force. This takes time and commitment. Getting to really appreciate the member of Congress is a great first step in understanding what he or she will be willing and/or able to do for you. The second step for effective advocacy is knowing what action you want the Member of Congress to take. If you are a Washington public policy specialist, you might be saying to yourself, I know what I want but do you have a realistic plan of what each member of Congress, given all the constraints, can provide you? Here are conventional ways Members of Congress can provide you with helpful avenues; you need to decide which one works best for you and for the Member of Congress: Become a champion of the issue the Member embraces the issue and it is important to his or her constituents; they and the staff are enthusiastic and want to be a leader in this effort. Sponsor or Cosponsor legislation the Member wants to help but has a long list of other legislative priorities. He or she wants to support the initiative but does not have the time to be a champion. Bring public awareness to an important public policy issue Being in Congress gives a member an important megaphone to draw media attention. Lots of important public policy issues gained traction when a Member gave a floor speech, conducted a congressional hearing or joined other members of Congress in a press conference. The media loves to cover Congress and that interest can help create momentum for action on your issue. Make the policy initiative an important issue for the next election Your issues might align with a specific party and Members of Congress may want to leverage the issue to win elections. The Member(s) may want to dramatically raise the issue so voters in the next election will reward his or her political party. Work behind the scenes to help move the legislation forward but stay out of the limelight Often a Member of Congress is constrained by helping you because there is significant opposition back home or the last election was very close, or some personal history prevents he or she from publicly embracing your issue. But there are many things the Member still might do: quietly talk with colleagues or work inside their respective caucus to line up support. Restrain opposition Many times a Member of Congress is just against you. It feels personal but it is not. You can always seek ways that the Member of Congress steps down their level of opposition. There are still ways the Member can help: not give an aggressive speech against you on the House or Senate floor, not urge colleagues private or publicly to be against you; not attend hearings or votes at committees; nicely turning a blind eye to your efforts so as not to sink them. Of course, it is not as good as the person 3

5 embracing your issue. But by not being actively against you, it helps you work through the byzantine legislative process. Certainly, there are probably dozens of other ways a Member of Congress can help. This again reinforces the importance of knowing the Member s background, what he or she could do, and what you are asking them to do. It s hard work but pays off with success. Bottom Line: Successful advocacy is intentional. It needs to focus on the Member of Congress as customer. It requires the research and study to determine what the congressional customer wants and how they can become engaged in your public policy initiative. You do not want your issue to get caught up in all the information clutter coming into the Congress. If you get caught up in the clutter, you go nowhere. About the author: Dr. David Rehr is a Professor at the Antonin Scalia Law School at George Mason University. He is former President and CEO of the National Association of Broadcasters (NAB) and the National Beer Wholesalers Association (NBWA). Learn more! To access articles previously featured within our Excellence in Government Relations series, please visit our Excellence in Government Relations page. 4

6 K&L Gates is a fully integrated global law firm with lawyers located across five continents. The firm represents leading multinational corporations, growth and middle-market companies, capital markets participants and entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations and individuals. For more information about K&L Gates or its locations, practices and registrations, visit This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer K&L Gates LLP. All Rights Reserved.

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