LC; Iq 7% % N Raye‘? M;»- 86-666 G <2~\/*0? 2 Songressionai Research Sen/ice ~ : ;.;i:rai’*j an‘ CGEWQYESS Q . THE DUTIES OF A MEMBER OF CONGRESS Ilona B. Nickels t* S , Analyst in American National Government ‘e3:J‘n1l%#%%V Government Division wwv**”‘“ .2! ' w < ’ ' A April 30, 1986 Government Publications Unfi AUG 0 “E 1994 Washington Umversity Libraries. St. Louis, MO‘ 63130 ol uuuii 48 niv umbla m ersit of 'ssouri rum me Im 010-M0394 Ill! ABSTRACT The report summarizes the responsibilities Members of Congress have assumed over the years--responsibilities which have evolved from traditional practice and the expectations of the electorate, rather than from any written requirement. Duties described are local representation, constituency service, national policy-making, committee and floor work, oversight and investigation work, advise and consent, congressional and political leadership, educating, and office management. Also includeg is a bibliography, keyed to each of the responsibilities discussed. This brief, intrei , ' designed to aid'especially in “this subject. THE DUTIES OF A MEMBER OF CONGRESS Article I of the Constitution sets forth the composition and powers-of the House of Representatives and the Senate and the qualifications necessary for election as a Representative or as a Senator. However, there is no provision defining the duties of the individual Member of Congress in the Constitution nor are they specifically defined elsewhere. The standing rules of the House and Senate require only that Members of Congress be present and vote on each questionput when their chamber is in session (unless officially excused). The House of Representatives further requires that its Members conduct themselves in a manner which reflects well on their chamber, abiding by the spirit and the letter of the standing rules of the chamber and of its committees. This report summarizes the responsibilities Members of Congress have assumed over the years, responsibilities which have evolved from traditional practice and from the expectations of the electorate and which include local representation, constituency service, national policy-making, committee and floor work, oversight and investigation work, congressional and political party leadership, educating, and office management. Although elements of each of the responsiblities summarized here can be found among the duties performed by a Member of Congress, the degree to which each is carried out differs among Members. Each Representative or Senator defines his or her job uniquely and sets priorities in his or her own individual fashion. ."1‘n ft —' *-.1 kgltu i\J Local Representation ;: ‘i. ,7 -my -7-. _— V, _; - .7, V,‘ .,__‘ F‘ 7“ 7., u -...‘ C.) " /*1 , ‘ A '" : .~.-a !“""-"17: C1 C;"'1’."C“ C.‘ “ -*-A * -’.“.‘ i‘ f" V; ‘ v“ 2‘ :‘ ~- :1: , - . . ‘- '” .. ‘-JKJ. ‘~qLJI'.L,5.L\..s_):J _‘»-\..'rJ4.\..:g)‘E:'..LLLJ gals. .~.L‘.£.'xl.La__~,1_.4 1.2-3.. ..-LL\— \_._’.¢...-_.;.4‘_,...1.s.L'v x/.2. ~-s..‘..._. a member district or State which elected him or her. There are 435 Representatives (1 per district) and 100 Senators (2 per State). The typical district has about half a million constituents in it, and the average State has about four million constituents. Members of Congress serve as ambassadors and advocates in the Congress for the needs of these constituents. This means staying in touch with the views of their constituents and advancing the interests of their districts and States in Washington. Staying in touch with local views involves frequent trips back home for meetings with individuals and organized groups, talking with constituents and local officials in person and by telephone, reading and answering mail on a variety of issues a and problems, and reading local newspapers, listening to radio, and/or viewing local television programs. Advancing regional interests involves promoting local industries, assisting local organizations and local government entities in obtaining Federal grants, and analyzing the provisions of proposed legislation for their potential impact upon the region represented. Styles of representation differ: some Members view themselves as accepting instructions from their constituents - sometimes called the "delegate" role. Others prefer to act upon their own initiative and rely upon their own judgment - sometimes called the "trustee" role._ Whether Members of Congress are merely agents of their constituents’ wishes or free to exercise their own judgment is a classic question in representative democracy. In practice, most Members of Congress act upon a combination of the delegate and trustee roles. This means they formulate their positions on issues and decide how to cast their votes on legislation after balancing the views of their constituents with their own judgment. Furthermore, constituent views nay fall on various sides of an issue so that the Member must balance or reconcile these competing viewpoints. Constituency Service A Member of Congress performs the role of middleman, or "ombudsman", between the citizens of his or her district or State and the Federal government. Often, when constituents do not know where to turn for help withi the Federal Government, they turn to their Member of Congress for information concerning Federal programs and procedures, or for assistance in obtaining‘ Federal benefits. Obtaining Federal grants for local organizations and local government entities is another task performed by many Members of Congress. National Policy-Making Members of Congress examine legislative proposals from the perspective of the needs of the Nation as a whole. However, the Congress is the national legislative forum in which all the different, and often conflicting, regional interests of the country come together. Congress must reconcile these many and varied regional differences in order to set national policy. Therefore, the individual Member of Congress must approach issues in a manner which takes into account the interests of each district or State together with the interests of the Nation. It means identifying the nation-wide problems which need legislative action, and proposing or supporting legislation which develops a CRS-4 national policy to solve them. Keeping abreast of the national implications of proposed legislation involves attending congressional hearings and briefings, holding meetings and conversations with executive branch officials and lobbyists representing public and private interest groups, and having discussions with other Members of Congress. It also involves self-education through reading national newspapers, specialized policy-oriented literature, background material on legislative issues, and viewing public affairs programs on national television. Many Members of Congress also stay informed on national and international developments through discussions with individuals they meet at receptions, official dinners, conferences, and during official travel in the United States and abroad. Committee Work Members of Congress are assigned to several committees and subcommittees at once, and are expected to develop issue expertise in the policy areas that come before those committees and subcommittees. A majority of the law-making work done by the Congress is performed by its committees and subcommittees, and a Member of Congress is expected to participate conscientiously in that work. This involves preparing for and attending hearings to hear and question the testimony of expert witnesses on the issues being examined, participating in committee mark-up sessions in which legislative proposals before the committee or subcommittee are debated and amended, being present to vote on whether or not to report specific legislative measures to the House or Senate floor for further consideration by the entire body, and contributing to committee reports and prints issued by the committee or subcommittee. C .1 R1 (fa U K. 4 Oversight and investigation Congress has the constitutional responsibility to act as a check and a balance on the other two branches of Government. as a result, some committee work is directed at investigating the efficiency of existing programs and monitoring the activities of Government agencies to insure that the policies which the Congress has previously enacted are properly carried out by those agencies. In the process of authorizing and appropriating funds for the executive and judicial branches, Congress also has the opportunity to review the adequacy of the organization, operations, and programs of the other branches. Advise and Consent The Constitution places upon the Senate, but not the House, the responsibility to advise and consent to nominations of individuals for appointive Federal office and to treaties negotiated by the executive branch with foreign nations. This means individual Senators are expected to participate in hearings to determine the suitability of candidates nominated for executive office and in hearings to determine the adequacy of the provisions of treaties reached by the President. In addition, Senators on the appropriate committees are sometimes asked to "advise" on the terms of a treaty as it is being negotiated. They do so by consulting with executive branch officials, and by observing, and sometimes participating in, the treaty negotiations in progress between the U.S. and foreign delegations. Finally, Senators are expected to debate and vote on the Senate floor on questions of CRS-6 D lties presented to them and to debate and vote on the ‘''.'I.‘;’‘‘' F‘? {‘.’J?": 0“ -r"-"‘ ‘firs: ' -'_;. ._' _>>.. ‘a question of the suitability of each executive branch nominee presented. Floor Work Members of Congress are expected to be present to vote on numerous motions, amendments, and bills considered on the floor of their respective chambers. Most Members participate most fully in floor consideration of imatters of importance to their home district or State, of legislation which was considered or reported from the committee to which they are assigned, and of matters in which they have a special individual interest. Participating in floor consideration often involves conducting legislative research, preparing speeches, and offering amendments and parliamentary motions. It may also mean engaging in extensive discussions with other Members to persuade them to vote a specific way or participating in informal negotiations with other Members to form voting coalitions. Congressional Leadership Many Representatives and most Senators also hold the position of committee or subcommittee chairman or ranking minority member on a committee or subcomittee and have responsibility for participating in decisions concerning the scheduling of that committee's business and for selecting the issues which will comprise the committee or subcommittee’s agenda. In addition, some Members of Congress hold congressional leadership positions in their political party. For example, in the House, the Speaker of CR8-7 -c I reader. o U) H) the House, the Majority Leader, and the Majority Whip are the chief the majority party. The key minority party leadership posts are held by the Minority Leader and Minority Whip. Other party leadership positions exist in both parties as well. In the Senate, the head of the majority party is the Majority Leader, assisted by the Majority Whip and others. The head of the minority party is the Minority Leader, assisted by the Minority Whip and others. Leadership responsibilities include leading discussions of their respective party caucus to formulate party positions on legislative issues, negotiating political differences between Members, persuading Members to join voting coalitions, and keeping count as voting blocs form, participating in decisions to set the legislative agenda for the chamber, and mediating agreements on when and how to consider specific legislative measures on the tfloor of the chamber. Finally, many Members also hold leadership positions in one of the numerous informal legislative groups which have organized around a specific issue: for example, the Congressional Steel Caucus, the Congressional Caucus for Women's Issues, the Congressional Black Caucus, the Congressional Hispanic Caucus, the Northeast-Midwest Congressional Coalition, or the Environmental and Energy Study Conference. Political Leadership Some Members of Congress hold leadership posts within their national political parties or national party campaign committees. Of course, all Members of Congress, if they desire to stay in office, must be involved in the CR3-8 political work of organizing a campaign and running for re-election. Representatives run for election every two years, and Senators run every six years. Educating A Member of Congress also has an educational function - of bringing to the attention of his or her constituents policy issues and Government activities of which they might not be aware. This function is often performed through newsletters and special mailings sent to the electorate, speeches and personal appearances made in the home district or State, and appearances on television and radio programs, and through interviews reported in the media. Members of Congress also serve as patriotic models to their constituents, encouraging full participation in democratic government. In addition, Members of Congress also educate each other on issues - through personal conversations, through letters they send one another known as "Dear Colleague" letters, through testimony, and through speeches. Office Management The average Representative has 15 staff people working for him or her; the average Senator has approximately 40 people on his or her staff. 1 These staff people perform legislative research, provide constituency service (casework and grants), handle press relations, handle correspondence, and perform 1 Statistics obtained from the Congressional Management Foundation in March 1986. . ‘ ,“ V 1 '». ‘_’-‘<14 ‘~.2.v.m.J .' administrative and clerical work on behalf of the Member. The staff people orief the member on legislative and political developments, prepare reading and background material for the Member to study, and meet with the Member on a regular basis. In addition to supervising the work of the staff, Members of Congress are also entrusted with office payroll and expense accounts which fund staff salaries and office operation expenses. -I 177:‘ ‘ "3 UL\J—L A- THE DUTIES OF A MEMBER OF CONGRESS: A BIBLIOGRAPHY Selections are categorized by the duties summarized in this report. Selections with an asterisk are excerpted from "The United States House of Representatives: A Selected Annotated Bibliography," Congressional Research Service, June 1985, from "The United States Senate: A Selected Annotated Bibliography," Congressional Research Service, August 1985, or from "Congress: A Selected Annotated Bibliography," Congressional Research Service, February 1985. In General Bibby, John F. Congress off the record: the candid analyses of seven Members. Washington and London, American Enterprise Institute, Studies in Political and Social Processes, 1983. 53 p. This booklet is a transcript of a roundtable discussion with seven Congressmen, concerning their view of their job, their perception of the differences between their responsibilities in their districts and their responsibilities in Washington, and the change in their perception of the job as they advance in seniority. Clapp, Charles L. The Congressman: his work as he sees it. Washington, Brookings Institution, 1963. 452 p. This book, based on interviews with Members, examines the work of Members of Congress including their roles as legislators, their relationships with constituents, and their concerns with re-election.* Davidson, Roger H. and Walter J. Oleszek. Congress and its Members. Washington, Congressional Quarterly Press, 1985. 477 p. This book describes the tensions between Congress as a collection of individual Members and Congress as an institution. The authors discuss the motivations and behavior of individual Members and the ways in which these influence the way the House and the Senate make national policy. Drew, Elizabeth. Senator. New York, Simon and Schuster, 1979. 191 p.. . ._ , . "=1-r,*,*-,7“-r=’ 9 “-' ff; ;" [’‘';’‘:1'1 if 7“ ‘ -; 7“: :3 -" A we A *- ‘ *7‘ 2‘ “ n - ~j*-.3 .3 7-" “ 3 -=-4 . . . . . _ . H """“ "]"I‘i"' .. . ,. —. . -. S .——. .. * x;—-—- ' .a\....*.:.s..'—...\J.‘.. .- _.'L,L..=_. *.' ‘_- . L... 1... V ,- 1‘: f' -T — -. y 4. .. 1.3 2...‘ L2‘ J‘! .«J ~.'.‘..¢'7 ' ~ . V V u .. .. day period, in Washington and in his home state among his constituents.* Matthews, Donald R. U.S. Senators and their world. New York, W.W. Norton, l973. 303 p. i Matthews focuses on Senators and the informal, unwritten rules and expectations which influence their behavior. Members of Congress since 1789. 3rd ed. Washington, Congressional Quarterly Press, 1985. 186 p. This work includes statistical information, party identification, leadership, and other listings of information about Members of Congress.* Local Representation Fenno, Richard F., Jr. Home style: House Members in their districts. Boston, Little, Brown, 1978. 304 p. Through direct observation, Fenno develops the notion of "home style" to describe the way in which House Members cultivate their constituencies. The book explores the elements and varieties of these styles and offers insights into the oft-neglected constituency end of the representative-constituency linkage.* ~ Pitkin, Hanna Fenichel. The Concept of representation. Berkeley, University of California Press, 1967. C Examines the concept of democratic representation in European and American political theory. Constituencypservice Johannes, John R. To serve the people: Congress and constituency service. Lincoln, University of Nebraska Press, 1984. 294 p. Examines the growth since the 1960's of the casework function of Congress, and the concomitant expansion of executive branch congressional liaison offices.* CRS-l3 National Policy-Making Redman, Eric. The Dance of legislation. New York, Simon and Schuster, 1973. 319 p. Traces the drafting and passing of the National Health Service Corps Act of l970.* Reid, T.R. Congressional odyssey: the saga of a Senate bill. San Francisco, W.H. Freeman, 1980. 140 p. i Traces a bill from its introduction in the Senate to its enactment into law, and analyzes the roles and influence of staff, key committee members, executive branch officials, private sector interest groups, and the party leadership in the House and Senate.* Committee and Floor Work Fenno, Richard F., Jr. Congressmen in committees. Boston, Little, Brown, 1973. 302 p. Examines committee differences, comparing six Senate committees with their House counterparts.* Oleszek, Walter J. Congressional procedures and the policy process. 2nd ed. Washington, Congressional Quarterly Press, 1984. 289 p. ' Describes the intricacies of floor action in both the House and Senate, as well as subcommittee and committee action, scheduling, and conference committee deliberations. J Smith, Steven S. and Christopher J. Deering. Committees in Congress. Washington, Congressional Quarterly Press, 1984. 291 p. Discusses the development of the congressional committee system, the goals of Members of Congress in their committee work, decision-making in subcommittees and committees, leadership in committees and the role and organization of committee staff.* ’ Oversight and Investigations Ogul, Morris 3. Congress oversees the bureaucracy. Pittsburgh, University of Pittsburgh Press, 1976. 237 p. Ogul comments on the potential for effective legislative oversight. In a series of case studies of various House committees, he evaluates the achievements of Congress in legislative review.* CRS-14 Advice and Consent Harris, Joseph P. The Advice and consent of the Senate: a study of the confirmation of appointments by the United States Senate. New York, Greenwood Press, 1968. 457 p. Traces the history of the confirmation of appointments by the Senate from the framing of the Constitution to the present and analyzes the practical operation and effects of the practice.* U.S. Congress. Senate-t Committee on Foreign Relations. The Role of the Senate in treaty ratification. Washington, Government Printing Office, 1977. 78 p. Reviews Senate responsibilities, procedures, and options for advice and consent to treaty ratification. Also contains a report on the "Meaning of Advice and Consent.”* Congressional and Political Leadership Goldenberg, Edie N. and Michael W. Traugott. Campaigning for Congress. Washington, Congressional Quarterly Press, 1984. 207 p. .Examines congressional campaigns, combining data from interviews with campaign managers and voters, examinations of campaign materials, surveys of media in the congressional districts, and financial reports,made by the campaigns. ‘ i S Peabody, Robert L. Leadership in Congress: stability, succession, and Change. Boston, Little, Brown, 1976. 520 p.- ' .Examines leadership positions in both the House and Senate, the internal election contests, and shows how the leadership positions have changed over time.* Educating Maass, Arthur. Congress and the common good. New York, Basic Books, 1983. 273 p. Examines how legislative institutions at different levels receive advice from those to whom they are accountable; how they exercise the discretion that is available to them, especially how they deliberate; and how they instruct those who will carry out their decisions.* -.‘:——— CRS-15 Office fianagement American University Congressional Management Project and the Congressional Management Foundation. Setting course: a congressional management Washington, The American University, 1984. 265 p. This job manual for newly elected Members of Congress provides basic information on how the Congress operates, how to establish and manage a congressional office, how to conduct legislative business, and how to serve and inform a constituency. guide. IBN/jcd LWEBRARY or WASHINGTON UN}\,IER3rT'Y sir. touts - M0-