Government Relations Handbook

2016

2 - Table of Contents - 1

Table of ContentsIntroduction 4What is lobbying? 6

Why is lobbying important? 8What is advocacy? 10Why is advocacy important? 11Lobbying v. Advocacy 12If we don’t, who will? 13

NUCA Government Relations 17Meet the Team 18Supporting Groups 20Government Relations Committee 21Political Insiders 22clean water council 24NUCA/PAC 26Washington Summit 27

Government 101 29Judiciary 29Executive 30House 33Legislative 33Senate 34How a Bill Becomes a Law 35The Budget Process 42

How to get involved 44Making Contact 45Getting a meeting 46Inviting a Member of Congress to an event 47Preparation 48Holding the meeting 50Follow up 52Congressional offices 53Congressional office structure 54

Empowerment 56Capitol Hill Map 59My Member of Congress: 60Members of Congress Near Me: 60

2 - Introduction Introduction - 3

Welcome to NUCA’s Government Relations Handbook! Consider it your guide to all things NUCA Government Affairs. It will serve as both a quick reference guide (divided into sections for ease of use) which you can consult again and again, and a thorough explanation of the importance of NUCA’s involvement in legislative and regulatory lobbying and advocacy.

This handbook is meant to guide you with practical steps you can take to improve your company’s business environment through lobbying and advocacy. Advocacy is necessary to prosper in the modern economic and political environment, and learning how to advocate and lobby will help your business by building your industry. It is my hope that this handbook guides you and empowers you to get involved by giving you the knowledge, understanding, and tools necessary for you to positively influence the legislative and regulatory climate in which your business operates.

The Handbook is divided into four primary sections. The introduction will teach you what lobbying and advocacy are, how they’re related, how they’re different, and why they’re impnortant. The second section explains NUCA’s Government

IntroductionRelations (GR). Here you’ll learn who we are, and how we work to change the utility and excavation climate. The third section is intended to refresh you on how government works to better explain how we work with government in pursuit of our priorities. The final section is a step-by-step guide to how you can engage in lobbying and advocacy at any level and for any issue.

I intend this to be a living handbook that will be updated regularly. Your feedback is essential to this handbook’s success, and I encourage your input and questions. Remember, if you have a question about a topic or tactic described in these pages, it’s very likely you aren’t the only one. My door is always open for your comments, questions, and suggestions. Feel free to email me directly at will@nuca.com or call my direct line (703.890.7813).

4 - What is Lobbying What is Lobbying - 5

The term ‘Lobbying’ is thought to have originated in the British Parliament, where, in the lobbies just outside Parliament Chambers, negotiations were said to take place and deals struck.

Lobbying is the act of persuading someone to do something.

Over the course of America’s history, the issues and complexity of our government and our society have expanded exponentially. Do you think Ben Franklin thought much about the broadband spectrum? As technology, society, and the economy has become more and more complex, Congress’s jurisdicion has also expanded to meet the increased complexity. As a result, Congressmen and Congresswomen actually need and seek assistance from organizations like NUCA to supply insight, information, and ideas for solving America’s issues and problems. Yes, Congress does actually want to work with lobbyists, despite the rhetoric and accusations of corruption. Without lobbyists, Congress would be even less informed and educated about issues.

In contemporary America, lobbying serves two primary purposes: 1. inform elected officials, and 2. persuade those officials.

Lobbying always has a specific goal, whether it is writing and introducing legislation or simply gaining co-signers for a particular bill or letter. However, lobbying does not always involve a proactive approach. Sometimes the goal

What is lobbying?is to persuade against action in favor of inaction. It is important when planning to identify the specific goal, whatever it may be. Some examples of likely goals are (listed generally from easiest to hardest): signing a letter, co-sponsoring legislation, introducing amendments, introducing legislation, and championing a cause. You’ll notice that this list does not include lobbying for votes for or against a specific piece of legislation. That is because lobbying for votes is more intertwined with advocacy, which is explained in the next section.

You will learn as you become more seasoned in lobbying that in Congress, voting is almost never straightforward. Legislation is almost never solely about the intended subject matter. This adds significant subjectivity and nuance to voting conditions.

For example, circumstances often dictate how much tolerance Members of Congress have for unrelated issues. Measures like annual appropriations bills facing the end of the fiscal year are generally provided greater leeway, whereas bills that are not time-sensitive may cause Members to take a harder line on issues they feel passionately about. There are Members of Congress who will not support legislation that does not represent exactly what they believe is best. Asking a Member of Congress to support something with his

6 - Why is Lobbying Important Why is Lobbying Important - 7

or her vote is important, but not the only mechanism to judge their support. We are sensitive to these intricacies, but recognize that voting affirmatively is the only way Congress gets anything done, so we must insist Members take a stand with their vote.

Decoding voting patterns and support is a difficult task, so leave that part to the professionals.

We lobby because the information we provide helps Congress pass legislation that will best help our industry.

The truth of the matter is that Congress needs lobbyists. Why? Because Congress is responsible for passing the laws about subjects they aren’t familiar with and don’t understand. How many contractors are there in Congress? How many pipefitters? How many surveyors, estimators, civil engineers? Not many. So in order for Members of Congress to know what they’re voting on, they rely on experts who understand the topic. They rely on you.

Lobbying Congress and providing information on topics Congress doesn’t understand enhances relationships and builds trust. Enhancing relationships and building trust cultivates opportunities for

Why is lobbying important?

influence. Industry changes happen as a direct result of this influence, so the greater our relationships and trust, the greater likelihood of success for our priorities.

That’s why your involvement in lobbying and advocacy is so important. No one knows more information about how contractors work than contractors. Probably without even realizing it, you are your best lobbyist because you do the work and you know how and why things work or don’t work. That is the kind of information Representatives and Senators need in order to pass meaningful and effective legislation for our industry.

Building relationships and trust also works in reverse. Members of Congress are looking to build relationships with you (certainly more so than the lobbyists who visit their office) because you give them what lobbyists in Washington can’t: votes. Developing relationships with your elected officials is critical to the success of our priorities because it is akin to developing relationships with subcontractors, material providers, and those bidding projects. Both relationships will help your bottom line.

8 - What is Advocacy Why is Advocacy Important - 9

Advocacy is the act of building support.

There are two basic types of advocacy: grassroots and grasstops. These are similar but different. The smaller of the two, grasstops, is the act of advocating leadership groups. This could be corporate leaders, civic leaders, or public leaders. Engaging in grasstops advocacy can be more efficient at building support than grassroots because it can generally be assumed that anyone representing an interest has influence and persuasive power. In simpler terms, if you can swing a leader to your side, that leader can deliver a large quantity of additional supporters through their influence. That said, grasstops advocacy is often more difficult because leaders tend to be insulated and inflexible.

The other side of the coin is grassroots advocacy, which is a term often associated with elections and movements. Grassroots advocacy is the targeting of regular citizens for support. There is generally some underlying theme binding the citizens of a grassroots movement, but the bond can vary widely. Building grassroots support can be quite time consuming and inefficient, but generally results in a much larger pool of individual advocates.

Advocacy is important because it builds strength behind our priorities. Advocacy means building support for issues in order to showcase the popularity, benefits, or needs associated with our priority. Before we are able to lobby effectively, we must have support for our goal. The way we build this support is called advocacy.

NUCA, as a trade association, should have a built-in network for advocacy. Ideally, every NUCA member would be an advocate for our Government Relations priorities and would actively participate in the advocacy process. We know that isn’t the case; you’ve got businesses to run and lives to lead. But because you’re running the very businesses for which we are building support, you are the best advocates; you know how the systems work and it’s up to us to inform everyone else about the good, the bad and the ugly. As the most knowledgeable on the subject, NUCA members are the ideal advocates for our priorities. No other industry or profession understands utility and excavation contracting like you do, so no other group of people is better served by your action. Sharing your story or your knowledge will convince others- who don’t have the expertise you do- to follow you and us. Building that following and support is the exact reason we need you to be involved in our advocacy efforts.

What is advocacy? Why is advocacy important?

10 - Lobbying v. Advocacy If We Don't Who Will? - 11

Lobbying and Advocacy may seem very similar; they are interrelated. For NUCA members, advocacy is building support for a priority, and lobbying is articulating that

support to elected officials for a particular purpose. The difference between the two is the audience and the intent. In lobbying, the audience is the elected official or candidate and the purpose is persuading him or her to act in some way that will advance the priority. Advocacy, on the other hand, can be directed to anyone for the purpose of persuading him or her to join ranks and mobilize in support, with one large voice, of the priority.

This can happen on the individual level, one-on-one, or through coalitions, like agreements between organizations or corporations to support a specified cause.

The conversations lobbyists and advocates have to try to persuade their audience can seem identical, but the difference is lobbying influences elected officials to change the law, whereas advocating for a priority builds the pressure applied to the elected official.

There is always opposition, even when there really isn’t.

NUCA is in a unique positon. Opposition to building infrastructure does not really exist; therefore we don’t have a specific ‘bad guy’ with whom we’re competing. The need for infrastructure investment is widely accepted by both the general public and the government.

If there’s no opposition, why don’t more things get done? There are two reasons: 1. Support for infrastructure generally is not the same as support for details or for funding sources. In other words the devil is in the details; 2. The lack of opposition combined with the underground nature of our industry makes building momentum and excitement very difficult. It’s out of sight and therefore out of mind.

Though there are plenty of arguments to the contrary, even the federal government budget is finite. When we win funding increases, something else must be cut. Nobody wants their funding to be cut, so everyone works to maintain or increase their slice of the pie. So if we don’t do the work to show value or importance, the competing causes will, and will likely end up taking money away from our priorities because we weren’t present or lobbying.

Additionally, there are no shortages of issues and interests vying for the attention of Congress. While these may

Lobbying v. Advocacy If we don’t, who will?

Lobbying v. Advocacy

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ElectedOfficals &Candidates

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Inform andPersuade to

AdvancePriorities

Join and MobilizeSupport

12 - If We Don't Who Will? If We Don't, Who Will? - 13

not necessarily be our opposition, they are happy to take up Congress Members’ time, which is also finite. If we don’t act to promote our interests and push for our priorities, there will be someone very happy to take the time away from us. When this happens, we lose our control over progress and can no longer influence what Congress or the Administration hears. The only way to ensure our priorities and interests are presented to Congress is by building a strong system of advocacy and marching up Capitol Hill to show our strength. If we don’t somebody else will.

For the non-professional lobbyist the most important aspect to understand is this: lobbying is done by every interest, every priority, every industry without exception, and if you don’t think persuading your elected officials to support your priorities is important you can be absolutely positive that your opposition does.

14 - NUCA Government Relations NUCA Government Relations - 15

NUCA Government Relations

NUCA Government Relations (GR) is committed to representing utility and excavation contractors before all branches of the federal government to ensure both the health and viability of NUCA Member businesses and the expansion of opportunities for the industry through active lobbying, advocacy, coalition involvement, political activity, and strategic messaging and education.

16 - Meet the Team Meet the Team - 17

Will has been with NUCA since 2012. He is responsible for running all day-to-day operations of the GR team, developing and implementing the strategic advancement of NUCA’s GR priorities, coordinating NUCA’s political election activities, and building NUCA’s lobbying, advocacy, and member involvement. Prior to joining NUCA, Will worked for the U.S. House of Representatives for five years. In this role he learned the policy development process and how to impact it, developed relationships with Member staff and committee staff to aid in information gathering, influencing policy, and building strategic opportunities in pursuit of policy or political goals.

Will prides himself on being attentive and available to members for any question or concerns about NUCA’s GR activities. You should feel free to call (703.890.7813) or email (will@nuca.com) him for anything government, policy, political, or strategy related, but it doesn’t hurt to call just to say ‘hi’ either!

Meet the Team

Will BrownDirector of

Government Affairs

For nearly 35 years, Ed Graber has been directly involved in every major infrastructure bill in Washington. He has been a key figure in successfully advocating funding increases in federal-aid highway bills and water projects legislation, as well as the promotion of infrastructure policy. Ed’s work on behalf of major transportation-related groups has had a positive impact on the transportation and infrastructure industries. Ed has been active on the TEA-21, SAFETEA-LU and MAP-21 authorization bills on behalf of various transportation-related entities as well as with state revolving fund legislation and the exempt facility bond issue.

Kara Habrock is the Vice President & General Manager of L.G. Roloff Construction in Omaha, NE. Kara grew up around the underground utility business, and joined the family business in 1999. Kara’s passion for government relations and political advocacy stems from a life-long interest in politics. Kara believes that the importance of underground utility infrastructure to public health and safety, as well as its economic development benefits, are under-recognized by the general public and every level of government. Kara was a founding member of the Nebraska Chapter of NUCA in 2009, serving as its first Chapter President and current Government Relations Committee chairperson. Kara also serves as the Vice Chairperson of the NUCA National Board of Directors.

Kara HabrockGovernment

Relations Committee

Chair

18 - Supporting Groups Government Relations Committee - 19

In order to perform most effectively, NUCA has created or joined groups or coalitions to remain constantly ahead of the curve and in touch with what’s happening on construction sites and in communities all over the country. It’s no secret that Washington can become very insulated, but NUCA has joined and created institutions that ensure we are always in touch with our members and stakeholders. Our connection to these organizations help us advance our interests, stay in touch with members, and build industry momentum. The Government Relations Committee, Political Insiders, Clean Water Council, NUCA/PAC, and the Washington Summit are the most prominent of our group associations, but this is not a comprehensive list as NUCA often joins issue-specific coalitions. These are, however, some of our greatest tools for ensuring the success of the industry we serve.

Supporting GroupsThe Government Relations Committee

is the formal governing body of NUCA’s GR activities. The committee is open to all interested members; however there are formal positions within the committee to maintain structure and an appropriate balance of contributors.

The committee’s primary goals are to 1. Formulate NUCA GR priorities (both short and long term); 2. Improve the education and activism of NUCA Members; 3. Serve as ambassadors for NUCA priorities in their local chapter or location; 4. Foster the success and growth of the Washington Summit; and 5.Establish ‘best practices’ for lobbying and advocacy education dissemination and participation.

The Committee is comprised of NUCA’s Government Affairs team, NUCA Contractor and Associate Members, and NUCA Chapter Executive Directors.

The Committee meets formally, in-person at each of NUCA’s three major annual events (Convention, Washington Summit, and Fall Leadership Conference) and three additional times via conference calls for an annual total of six meetings.

The committee is managed by NUCA’s Director of Government Affairs, Will Brown.

Government Relations Committee

20 - Political Insiders Political Insiders - 21

The Political Insiders is an advocacy group with a published newsletter. The group is composed of individuals with a passion, or even just an interest, in how the legislative and bureaucratic process impacts the utility and excavation industry. These individuals agree to participate in the lobbying and advocacy process by acting as liaisons between NUCA and their colleagues who either are or should be interested in the issues’ implications. Think of these individuals as NUCA GR’s cheerleaders. They don’t have to know exactly what’s happening on the field for them to understand when it’s time to get loud on 3rd down and to get the crowd excited about achievements, whether they’re first downs or touchdowns. Political Insiders understand the need for advocacy and lobbying and extend the reach of education and information efforts.

The Political Insiders newsletter is an email sent to Political Insiders designed to quickly and effectively disseminate information and educate Political Insiders on the latest breaking news surrounding NUCA priorities. These newsletters can be read in less than three minutes, but

they link to information in greater depth if readers choose. These newsletters can be simple updates on a priority or a call to action to support (or oppose) a particular action, but they are always up-to-date and focused on action that can (and should) be taken right away.

The Political Insiders Newsletter is intended to be shared. In fact, that’s the point. The greater the reach of Political Insiders, the more effective our advocacy, outreach, letter campaigns, and priority education will become. If you are at all interested in how developments in Washington impact the construction or business aspects of utility and excavation contractors, you should sign up to receive the newsletter and become a Political Insider.

To become a Political Insider, simply shoot NUCA’s Director of Government Affairs Will Brown an email (will@nuca.com).

22 - Clean Water Council Clean Water Council - 23

The Clean Water Council (CWC) is a group of national organizations representing underground construction contractors, design professionals, manufacturers and suppliers, labor unions and others committed to ensuring a high quality of life through sound environmental infrastructure. Working in concert, CWC’s 39 national organizations advocate federal legislation and policies that promote clean water and improve the nation’s failing infrastructure.

Put simply, the Clean Water Council is the preeminent coalition focused on the health, maintenance, and well-being of America’s water infrastructure. There is no other group with the combined reach of these coalition members and there is no other group more focused on solving America’s water infrastructure problems.

Infrastructure funding is a broad term, so the CWC breaks down exactly what it means to be in favor of, or against, infrastructure funding. Not only does the CWC support the traditional financing mechanisms that are widely known, like the annual appropriations process, but it also

works with coalition partners and Members of Congress to develop and pursue innovative financing opportunities that have in past included Private Activity Bonds, Municipal Bonds, repatriation, water trust funds, and many other ideas for financing infrastructure projects without having to beg for money at the appropriations well every year.

The Clean Water Council publishes the Clean Water Weekly, a weekly water news update where information about state-specific initiatives, local water catastrophes, and water infrastructure studies are published to illustrate the extensive need for federal action.

Visit www.cleanwaterweekly.com to sign up and receive the weekly news in your inbox.

24 - NUCA/PAC Washington Summit - 25

NUCA’s lobbying and advocacy agendas work in conjunction to influence Members of Congress. NUCA/PAC works to increase the number of pro-infrastructure, pro-business candidates that become Members of Congress. NUCA/PAC is the only political action committee dedicated to representing the interests of utility and excavation contractors. NUCA/PAC’s goal is to create an environment in Congress that is conducive to improving America’s infrastructure.

By law, NUCA Members must authorize NUCA/PAC to provide them with PAC-related information, actions, or solicitations.To make it easier on you, we have provided you with an opportunity to join for up to five years. Sign it once and forget about it for five years.

There is no obligation to contribute by joining NUCA/PAC and joining is completely voluntary.

Every year in the spring, NUCA members descend on Washington, D.C. for a week-long government affairs conference called The Washington Summit. This is NUCA Government Relation’s premier event!

The Washington Summit is geared toward the engagment of NUCA members in government relations. Attendees hear from policy makers and experts about issues that matter to them, their businesses and their industry. Speakers in the past have included Members of Congress, infrastructure experts, and government agency officials providing a unique opportunity to learn about NUCA priorities straight from the sources. In addition to the legislative issues conference, attendees are also trained by NUCA GR staff to walk on Capitol Hill to lobby their Members of Congress.

The annual lobbying day is NUCA Members’ opportunity to really impact change in Washington. There is no greater tool at NUCA GR’s disposal than its members, and when NUCA members put to work the institutional and experience knowledge they possess, Congress listens.Attendees will lobby Congress to make a substantial difference on the agenda and prospects of NUCA’s legislative and regulatory priorities.

For more information or to join NUCA/PAC visit: http://www.bipac.net/nucapac/login.asp

W SHINGTON SUMMIT

26 - Washington Summit Government 101- Judiciary - 27

We understand that someone new to NUCA, new to the Washington Summit, or new to lobbying could feel overwhelmed by the prospect of approaching his or her Member of Congress. This should not prevent NUCA members from getting involved and attending. Built into the schedule of the Washington Summit is a lobbying briefing where attendees are educated on the issues and taught the most effective and comfortable ways to lobby their Members of Congress. Each attendee receives a briefing book with talking points and brief explanations of the issues. Members can use this book both as a reference and a leave-behind at their meetings. A great deal of time is spent explaining the issues in great detail, and attendees are encouraged to ask questions to firm up their understanding and confidence. In addition, new attendees can be paired with veteran Summit attendees to build confidence and so they have a partner to join them in making Congressional office visits.

Any NUCA Member interested in impacting their business and industry by altering the legislative and regulatory landscape should attend the Washington Summit. Every single member has the power to impact their Members of Congress and improve their business and industry. But it won’t happen without your action.

In order to effectively lobby Congress, a basic understanding about how things work is essential. This section is intended to be a quick reference for how things get done. It doesn’t address every potential scenario, but it does convey the essential tools you’ll need to maximize your advocacy’s potency and effectiveness.

Government 101

Basic Government Structure

Judiciary

The Federal government is composed of three interrelated branches: Executive, Judiciary, and Legislative. NUCA’s Government Affairs activities occur mostly in the Legislative Branch.

The Judiciary is the court system. The courts generally decide how the law is interpreted and applied. A number of NUCA’s regulatory priorities have seen, and will continue to see, action in the Judiciary, but it is impossible to lobby or advocate for a specific judicial outcome in the traditional sense, so our involvement with the Judiciary is limited.

28 - Government 101- Executive Government 101- Executive - 29

The Executive Branch is the President and federal agencies.

The Executive Office of the President, EOP, is comprised of various offices within the White House for the support and administration of the President’s priorities across the government. Overseen by the White House Chief of Staff, EOP includes the Office of Management and Budget (OMB), Office of Legislative Affairs, and the Office of Public Engagement and Intergovernmental Affairs. Interacting with these offices is critical to engaging the White House and educating the President and his advisors on our priorities, their benefits, and why the President should make a part of his agenda.

Meetings with these offices must be scheduled well in advance for security reasons around the White House and Executive Office Buildings. Representatives from the White House will be prepared and well informed; therefore we must be also, but the benefits can be immense. The bully-pulpit, budget priorities, executive orders, and agency directions are some of the best tools at the President’s disposal that can help us advance our priorities and see meaningful progress.

More common operations of the executive in policy making come in the form of regulations. Regulations put in place for implementing the laws passed by Congress are developed by the Executive branch. OSHA, MSHA, EPA, DOT are all Executive branch agencies that develop, implement, and enforce regulations that impact NUCA Members.

In order for the Executive branch to consider or develop any regulations, it must have statutory authority to do so. That is a complex way of saying Congress must, explicitly in the language of a law, grant the agency permission to regulate the issue that the law addresses.

The Executive branch and the Legislative branch have very different rules in terms of lobbying. Don’t get bogged down in the specifics. Anything not mentioned below will be handled by our Government Relations staff and we are always here to furnish explicit details if other action is necessary.

There are two specific ways NUCA works to impact regulations. Each of these tactics is undertaken both as an individual association and as a collective effort by coalition partnerships.

Executive

30 - Government 101- Executive Government 101- Legislative- House - 31

First: Guidance. NUCA is often asked to provide an agency with specific guidance in advance of a proposed rule. This simply means they’re asking for advice on how to formulate a rule. This is where we provide the agency with data to support our position of why (or more likely, why not) action should be taken. But in this situation, simply saying ‘no’ or ‘yes’ is not in our best interest. We must also say what the standard should be- what level, what cost, what enforcement, etc.

Second: Comment. After an agency has gone through the proper procedure to study an issue, produce evidence of the need for a regulation, analyze its cost and finally propose a rule, the agency must provide a ‘public comment period’. This is NUCA’s and our coalition partners’ opportunity to voice our opinion- substantiated by evidence and experience from the field. The agency must consider these comments before finalizing the rule. Sometimes this delays the rulemaking process (which can be an intended goal), sometimes it requires the agency to amend the proposed rule (which is more likely the goal), and sometimes it has no impact whatsoever on the rule (which usually leads to lawsuits).

In either of the above situations, you may be asked to supply your experiences in writing for the agencies.

Most of NUCA’s GR activities deal with the Legislative branch. The Legislative branch is dividend into two bodies: the House and the Senate.

House

There are 435 members of the House of Representatives elected every two years. Each state is allotted a number of Representatives proportionate to its population as determined by the U.S. Census which happens every 10 years. The House is generally regarded as ‘the people’s house’ because each Representative represents a small area, or district, within a particular state. Each citizen is represented by one Representative.

The lion’s share of the work in the House of Representatives is done within the confines of the Committees. Representatives are generally assigned to two or three committees, but some who have received seniority, chairmanship, or an elite committee may only sit on one committee (usually the Appropriations Committee).

The House operates within a rigid and dense set of rules for procedure. Don’t get bogged down in them; just know that majority rules.

Notable House Committees

Appropriations

Education and the Workforce

Transportation and Infrastructure

Ways and Means

Legislative

32 - Government 101- Legislative- Senate Government 101- How a Bill Becomes a Law - 33

Senate

There are 100 Senators, two representing each state. Senators are elected to six-year terms where 1/3 of them are elected ever two years. The Senate is generally referred to as ‘the upper chamber’ because of the smaller, more deliberate nature and customs of the chamber.

Because there are fewer Senators, most belong to three committees. It is important to note that the names of the committees differ between the House and Senate because of the institutional divisions.

Senators are generally more difficult to meet with one on one, but with larger offices, Senate staffers are largely more informed, impassioned, and educated about topics. The greater insulation of Senators should not deter any NUCA member from approaching Senators for meetings, education, or site visits. Senators must be reelected also, so they must still court your vote.

Unlike the House, the Senate rules are designed to protect the interests of every Senator. Most Senate procedure occurs by what’s called unanimous consent which means all 100 Senators agree. When unanimous concent doesn’t happen most Senate action requires 60 votes.

As advocates and citizen lobbyists, one of the most obvious goals we have for improving our industry is influencing the laws that are passed by Congress and signed by the President. Understanding how this process works is important, as sometimes each step of the process can serve as a particular goal or benchmark for progress.

Every law begins as an idea. Thousands of bills are filed for consideration every session of Congress (two year periods), yet only a small percentage of them actually become law. This summary is not intended to be a prescription for how to move a bill through each of the steps, but instead to simply illustrate to you the basics of how the process works.

When a Member of Congress wants to write a new law, he or she and staff work with the Legislative Resource Center (LRC) to properly format and reference the bill. This is necessary because bills aren’t written in plain-spoken language; rather, they most often simply change existing laws by amending, deleting, and replacing old language with new language to accomplish the desired objective. Once LRC has drafted the appropriate language, the bill must be formally introduced. In the House a Member puts the legislation in

Notable Senate Committees

Appropriations

Commerce, Science and Transportation

Environment and Public Works

Finance

How a Bill Becomes a Law

34 - Government 101- How a Bill Becomes a Law Government 101- How a Bill Becomes a Law - 35

‘the hopper’ on the floor near the Speaker’s podium. In the Senate, the bill is placed on the presiding officer’s desk or by formally introducing it in a speach on the Floor. The bill is then filed, given a bill number, and assigned to committee(s) of jurisdiction. For the overwhelming number of bills, this is where the road ends.

Committees take action on a small percentage of bills. First, the bill is referred to a subcommittee which will hold a hearing on the broader topic of the legislation. This simply means they invite individuals and experts to testify before the committee about the particular subject. Members of the subcommittee are given an opportunity to ask the witnesses direct questions about their testimony or the witness’s position on the topic for the sake of information gathering.

After hearings, the subcommittee will hold a markup, which is its opportunity to bring up the actual legislation and potentially ‘mark up’ the legislation with amendments, compromises, and edits. It’s not particularly important for you to understand the procedure of this, with one exception. Amendments to the legislation are generally made during markup. The Chairman usually puts forth a ‘manager’s amendment’ that includes clerical changes and pre-negotiated (and agreed to) amendments, and then other members of the committee are permitted to offer

amendments. Amendments are debated and voted upon, needing a majority to include the amendment in the legislation. Once the subcommittee passes the bill, it is then referred to the full committee and the same process occurs all over again.

It is also important to note here that not all bills go through the subcommittee process. Depending on circumstances, some bills only see action by the full committee. Usually these are high profile bills or bills that have some matter of urgency. The process remains the same if subcommittees are skipped.

Once the full committee marks up a bill, the committee reports the bill to the chamber and the bill is placed on the legislative calendar. Just because a bill is placed on the legislative calendar does not mean it will receive consideration by the House or Senate; it simply means the legislation has become eligible for floor consideration.

This is where the procedures in the House and Senate diverge.

In the House, the Speaker determines which bills will be considered by the House and in what order. To initiate action, the Speaker will refer the legislation to the Rules Committee, which is responsible for determining the process for how the House

Differentiating Bills

H.R.-House BillS.- Senate BillH. Amend.- House AmendmentS. Amend.-Senate AmendmentH.Res.- House Resolution (rules)S. Res.- Senate Resolution (rules)

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will consider the legislation. The Rules committee has three basic options for that process: an open rule, a closed rule, and a structured rule

An open rule means that the bill will be considered and open to amendment by any Member of Congress. A closed rule means that no amendments will be considered and the legislation will simply be debated and voted up or down. A structured rule means that the Rules committee will determine which amendments will be considered and in which order, usually determined by politics, germaneness, or a filing deadline. The rule that the Rules Committee develops must be approved by a majority of the House, and when that happens (as it nearly always does) the House will consider the bill as the Rules Committee prescribed.

Most bills, however, are considered by the House under ‘suspension of the rules’ which limits debate on a bill and allows no amendments; in order to pass the legislation must receive two-thirds support. These bills are non-controversial, administrative, or ceremonial in nature. It is unlikely that any of NUCA’s priorities will be considered under suspension of the rules, but if they are, we can feel confident they will pass.

In the Senate, the Majority Leader brings up a bill by asking the chamber

for one of two things: the adoption of a motion to proceed, which can be debated (and also filibustered) and requires only a simple majority, or unanimous consent, which means every Senator agrees to bring up the bill. Unanimous consent can be stopped by only one Senator who puts a ‘hold’, sometimes anonymously, on a bill for any reason. Once either of these conditions is met, the Senate will proceed with considering the bill on the Floor.

Unlike the House, the Senate operates primarily by precedent, rather than written rule. Rather than explain the ever evolving precedents of the Senate, it is more helpful to understand process. Traditionally, the Majority Leader is given the ‘right of first recognition’ allowing him the first action in the Senate.

You’ve probably heard the term ‘filibuster’ which is a procedural tactic for delaying the Senate from voting on a procedure or motion (a fancy way of describing the process of considering a bill). This leaves the Senate with virtually two options for preparing a bill for a vote on final passage.

First, unanimous consent of all Senators can be invoked to move a bill to final passage. A unanimous consent agreement is a procedural agreement specific to a bill that can limit debate and amendments that

The ‘right of f irst recognition’ is an example of precedent dictating process. There is no Senate rule granting the Majority Leader this privilege. The Filibuster is another example of a norm that is not a rule.

38 - Government 101- How a Bill Becomes a Law Government 101- How a Bill Becomes a Law - 39

are agreed to by all Senators. This makes the process much easier, but is much more difficult to achieve as all Senators must agree on the proposal and tactics.

The second option for ending debate and considering a bill on the floor is to pass a ‘cloture motion’ by three-fifths, or 60 votes. This cloture motion will limit debate to 30 hours and allow only germane amendments to be considered. The bill will then only require majority vote to pass, but because cloture was required to end debate on a bill (and stop a filibuster), the bill must already garner 60 votes.

The Constitution requires the exact same bill to be passed by both the House and Senate in order to be sent to the President for signature. The simplest method for doing this is for the chamber acting second to simply pass the same version and send the bill to the President. This usually happens only when the bill is noncontroversial. Otherwise, two tactics are most common; Ping-ponging and conferences between the two chambers.

When a bill is ping-ponged, both chambers bounce unidentical legislation back and forth (like ping-pong) until differences are reconciled. This method requires the same floor procedure as every other bill for that chamber, so this process can take considerable time.

The alternative is the set-up of a conference committee between the two chambers. Both chambers must agree to create this temporary committee and assign conferees. The purpose of the conference committee is to negotiate a compromise that can garner majority support in both chambers. Once agreement is struck, the committee reports a ‘Committee report’ to both chambers which must then navigate the chambers’ procedures all over again, this time without amendment. If both chambers agree to pass the bill, the bill is sent to the President’s desk.

When the same legislative language is passed by both the House and Senate, the bill is then engrossed and sent to the President who has ten days to act on the legislation. The President may sign the measure, in which case it becomes law. The President may veto the measure, in which case the bill does not become law, but is instead sent back to the House and Senate, who may override his veto with two-thirds of both chambers’ support. The President may also do nothing at all, in which case the bill becomes law without the President’s signature. If the President does not sign the bill in 10 days (excluding Sundays) and the Congress has adjourned, the President has effectively vetoed the bill by ‘pocket veto.’

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This is a simplified explanation of how a bill becomes a law. There are many variables that can change this process, but understanding this basic process will help you understand how NUCA gauges and measures legislative success.

NUCA’s Government Relations activities focus a great deal of attention on the federal budget process. This is because there are several federally appropriated programs that support NUCA Members’ businesses directly or indirectly.

First, spending bills must originate in the House (this means they have a House designated bill number).

The Budget Committee is responsible for formulating a “top-line” budget number both for the overall budget, and for each of the appropriations bills. Think of these as parameters for the Appropriations Committee’s work. Unlike legislation, the budget is a resolution (H.Res 123 for example) because budget resolutions are internal procedures for the Congress rather than bills that will become law. A budget resolution must go through the same procedures as typical legislation, but once it passes the House, the Appropriations Committee may begin formulating the programmatic (or line by line) dollar

The Budget Process

appropriations. The Appropriations Committee holds public hearings where any individual or interest group may testify on any item within the budget. NUCA has regularly testified before the Appropriations Committee, using the opportunity to inform and discuss the importance of federal investment in infrastructure. These hearings are used to develop each of the appropriations bills.

There are twelve separate appropriations measures that constitute the full budget. Unlike the budget, each of these appropriations measures is a bill which must be signed by the President to become law.

Unfortunately, it has been several years since the entire budget process has been completed. In lieu of the full process, which is to be completed before the federal fiscal year ends September 30th, the Congress generally has two legislative options. The first, a Continuing Resolution, is a generally short-term extension of current funding levels. The second, an omnibus appropriation, is a bundling of some or all of the appropriations bills- those that have not yet been passed or signed into law.

42 - How to Get Involved Making Contact - 43

No matter your experience or knowledge of government, you can positively impact NUCA’s priorities, which are a reflection of your business and regulatory priorities.

What follows is a rubric for how anyone, regardless of experience, can be involved in the policy-making process. The most important information you need when reaching out to your elected officials is the information you already know and deal with on a daily basis. You are the expert in the room on utility and excavation contracting. No elected official or staff member knows how infrastructure gets built, how projects get bid and won, or the infrastructure needs of America like you do, period. The steps that will follow can guide you and give you structure, but they are entirely incomplete without your personal experience, anecdotes, professional opinions, and observations. These are your greatest tools in any meeting with government officials.

How to get involvedDespite many common misconceptions,

obtaining access to legislators is a relatively simple undertaking. Engaging lawmakers is easier, and makes a greater impact, than you think. Members of Congress are beholden to their constituents who elect them. The deference given to constituents does vary from Member to Member, but we have seen significant electoral rebuke of Members of Congress who were inaccessible, unaccommodating, or defiant of their constituents. Just about every election showcases one such scenario which provides Members of Congress a continual reminder to mind their constituents. This provides us with the doorway, but it is up to us as individuals and as an association to walk through it and take advantage.

There are many ways to influence the government, but what they all have in common is contact. In order to start the conversation, you must make contact.

The best way to make contact with Members of Congress or members of the government is in person. Face-to-face meetings are the best way to both explain your position and get the most direct response possible. These face-to-face meetings usually happen in the offices of the Members of Congress either in Washington, DC or in their district offices. However, when given the opportunity for

Making Contact

44 - Getting a Meeting Inviting a Member of Congress to an Event - 45

a face-to-face meeting, it doesn’t matter where it takes place. We take meetings wherever we can get them.

Contact is also made via phone. Any Congressional office can be reached by calling the Congressional Switchboard.

Written communication is also a great way to reach out to Members of Congress. Most offices will respond, usually via a form letter, to any written correspondence sent to their office. This includes letters, faxes and emails. NUCA’s advocacy website gives you the ability to send letters to every office on Capitol Hill. Letters are added as necessary and pertinent and NUCA members should utilize the capabilities whenever possible.

address, and other times they will connect you to the scheduler. Whatever the protocol is, follow it, and then call back until you get the meeting scheduled. Be persistent, but not rude. Call today.

Getting a meeting

Inviting a Member of Congress to an event

Every office on Capitol Hill has a scheduler. This person is essentially the gate keeper to the Member of Congress.The scheduler should be the first person you reach out to when requesting a meeting. Every office has a different set of protocols for how meetings are scheduled, but every office administers that protocol via the scheduler. Call the offices you’re trying to schedule a meeting with and ask for the scheduler. Sometimes the staffer who answers the phone will ask you to email the scheduler and give you the

Inviting a Member of Congress to an event is a great opportunity to both meet with Members of Congress and show them the benefits of your work. At least one week a month and the entire month of August are devoted to district work by Members of Congress. These provide opportunities for NUCA members to meet and build relationships with their elected officials without visiting Washington. Remember that relationships are paramount in lobbying and advocating our priorities.

The process for inviting a Member of Congress to an event is exactly the same as setting up a meeting. Call the Member’s office and follow the scheduler’s protocol. Then call back to follow up.

Before you call, you will need to have the details of the event ironed out and set up, especially the logistics. You will be asked for these details and you’ll increase your chances of success by being organized from the beginning.

Congressional Swithboard number: 202.224.3121

46 - Preparation Preparation - 47

Whether you are hosting a Member of Congress or the Member is hosting you, seizing the opportunity to make a difference for our industry and priorities requires preparation. You may have as little as five minutes or as much as an hour to make your case. The best way to ensure effectiveness is preparation.

1. Know your subject

This should be the part you already know. How does your work, your business, your industry operate? There’s no need to put fancy wording to it and there’s no need to feel like you have to know everything about a subject. You know a lot more than you give yourself credit for, so be confident in that. NUCA’s GR team will provide you with any additional information you may need, and is always available to answer any questions.

2. Consider what Questions may arise

A great way to build your confidence with an issue is to recognize what questions you had when learning the subject. What details were important to you? What details do you think will be important to the lawmaker or bureaucrat? Cost will certainly be one of them, so be sure you have a

response that highlights the benefits of investment that dissolves weariness of costs.

3. Have a measurable ask

Meetings with lawmakers are about informing them and their staff about an issue that’s important to our industry, but it is also about asking for something tangible. Having a specific and measurable request gives us an opportunity to assess that lawmaker, follow up, and apply pressure for our priorities. Here is a brief list of popular ‘asks’:

• Sponsor legislation• Co-sponsor legislation• Sign a letter expressing support• Send a letter requesting action by a

Committee or Chamber• Insert legislative language into a bill

4. Make it local

There’s a saying in Washington, “all politics are local”. This phrase is more of a rule than a phrase because every Member of Congress must be reelected by citizens outside of Washington, DC. In every meeting, you should make the connection to the Member’s district. This shows them that you’re invested in the success of the area. You should think of your reach more broadly than the district in which you live.If you live in one district, your office(s), or your projects may span more than one

Preparation

Local means:

Where you live

Where you work

Project locations

48 - Holding the Meeting Holding the Meeting - 49

district and those districts representatives should be considered your own because the work they do impacts your life or livelihood.This works in the Senate as well. If you live near a state border and cross the border for work, you still have influence because your work, your employees, the ripple effects impact those districts.

Remember that to get elected, candidates must earn votes. As business leaders, you have the ability to influence your employees, so Members of Congress want you to influence your employees to support them.

When making the case for your priority, use your institutional knowledge and anecdotal stories you already know. The economic and legislative details should be included in any materials you plan to leave behind and should be reiterated in the meeting, but they should be framed by your experience. This will add a personal touch in a memorable way.

There are some things you’ll want to be aware of so that you’re not surprised when they happen. The most important are the tactics employed by staff members and Members of Congress to brush you off. The path of least resistance for any legislator is to meet with you and make you feel like they’re working for you without actually having to do any work for you. This can manifest itself in a number of different ways such as running out the clock without getting to the topic of your meeting or deflecting your issues to another issue of importance to the Member of Congress. If you sense that such a tactic is being employed, have confidence that you can find a solution. With kind persistence, simply redirect the conversation back to your priorities, and be prepared to do so repeatedly. Sometimes you may have to be creative, but always be courteous.

Holding the meetingOnce you’ve prepared for the meeting,

it’s time to shine! You can generally expect any meeting with a Member of Congress and/or staff member to be scheduled for 30 minutes. This may seem like a long time, but remember that you’re the expert in the room on the subject you’re talking about. You should view the meeting as an opportunity to win an ally.

1. Be on time which means five to 10 minutes early.2. Always be respectful and kind- you don’t get anywhere arguing, but you can be incredibly effective illustrating your message through the eyes of the Member’s constituent- which you are.3. Have something to leave behind even if it’s just a note attached to your business card.4. Make your ‘ask’ clear.

There are election laws that require the seperation of off icial and campaign activities. These rules are complex so it is best to simply stay away unless you know the event is political.

If something is known to have a signif icant cost, focus on the benefits of the investment or potential risks if investment isn’t made.

50 - Follow Up Congressional Offices - 51

Even after you’ve prepared for and held the meeting, your work isn’t finished yet. Following up with the lawmaker or his or her staff is paramount to the success of your particular priority. Contact NUCA’s GR team so we can help you follow up and apply pressure with a national perspective. Members of Congress and their staffs have incredibly busy schedules and often shift between subjects quickly, so reminding them of your priorities is essential. Not only does this keep the Member’s office responsive and on the task, but it also shows them that you’re serious about your issues and moving them forward.

You shouldn’t be surprised when you walk into a Congressional office in Washington and are greeted by a young individual who looks fresh out of college. That is likely the case. Most Congressional staffers are under 30. Most of them have no real experience in their issue areas, a fact that makes you and NUCA’s Government Relations team essential to informing the legislative process.

Any meeting you schedule with any Congressional office will be held with a member of the Member of Congress’s staff. Even if the Member of Congress is in the meeting, staff member participation is beneficial and essential to reaching our priorities. Members of Congress delegate the legislative issues among their staffs and entrust them to guide their office priorities about these issues. If we want to move anything, we must inform, motivate and convince the staffs of how to do it.

Congressional officesFollow up

Keep Members accountable by following up to ensure they and their staff take your meeting and issues seriously.

52 - Congressional Office Structure Congressional Office Structure - 53

Chief of Staff- The Chief of Staff to the Member of Congress is the second in command to the Member. This individual manages and hires the staff and oversees the office operations. In addition, the Chief of Staff oversees the political activities of the Member’s campaign.

Legislative Director- The Legislative Director manages the legislative staff and is the most senior legislative staffer. The legislative responsibilities of the Legislative Director are roughly the same as Legislative Assistants.

Legislative Assistant/Aid- The Legislative Assistants handle a portfolio of issues on behalf of the Member of Congress. They also handle the Member’s committee assignments (which can reflect the Member’s priorities) and committee activities.

Scheduler- The scheduler is the gatekeeper. This is the individual who manages the Member’s schedule and makes appointments. This is the person you contact when you want to schedule a meeting or invite the Member to you events. Follow their procedures, as every office has slightly different protocols.

Legislative Correspondent- The Legislative Correspondent is the most junior member of the legislative team. This individual is responsible for the office’s correspondence with constituents. This is usually viewed as an apprenticeship for heavier legislative responsibilities.

Staff Assistant- This is most likely the individual who will greet you at the door. This person is generally responsible for visitors- constituents, meetings, VIP’s- and is usually the first contact you will make with the office either by visit or by phone.

Your meetings will most likely be with Legislative Assistants or Legislative Directors who, if scheduled, will accompany the Member of Congress. Keep in mind that making your case to the Member of Congress is crucial, as they have the ultimate discretion on the priorities of the office, but it is equally important to convince legislative staff.

Congressional office structure

Staff are incredibly important to our priorities. They do the work. They are your primary point of contact on an issue. They are the engine that moves the issues forward. But they take direction from the Member.

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Lobbying and advocacy go hand in hand. We at NUCA employ both to maximize the effectiveness of our message gaining support, which increases the likelihood of action. Whether you’ve been involved with NUCA’s Government Relations for years, or this is the first you’ve ever heard of our lobbying and advocacy activities, you are capable and powerful allies for the utility and excavation contracting industry.

You should approach every opportunity as if you are the expert in the particular field, because you are. Members of Congress and their staffs do not possess the institutional knowledge about underground construction, running a construction business, or (more importantly) the extent to which the work you do is both gravely needed and enormously beneficial. You should remember that you play a critically important role in the process of governing by informing and guiding the Congress toward quality and important lawmaking. Without you, the Congress would have no real clue what to do to support our industry. And if they don’t know how to support our industry, there’s no way they’ve fully considered the benefits of the work you do.

As said before, lobbying and advocacy is primarily about building relationships.

EmpowermentYou already know how to do that, or you wouldn’t be in business. Lobbying and advocacy should be an extension of your relationship building because, just like the relationships that help you hear about projects being bid or find quality subcontractors, effective lobbying and advocacy will create a more conducive environment for doing business.

The opportunity is in your hands.

Get involved with NUCA Government Relations and let’s dig America.

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Legend

BG- Botanical GardensCHOB- Cannon House Office BuildingCVC- Capitol Visitors CenterDSOB-Dirksen Senate Office BuildingHSOB-Hart Senate Office Building JAB- John Adams Building JMMB- James Madison BuildingLHOB- Longworth House Office BuildingRHOB- Rayburn House Office BuildingRSOB- Russel Senate Office BuildingTJB- Thomas Jefferson BuildingUSC- United States CapitolUSSC- U.S. Supreme Court

3925 Chain Bridge Road, Suite 300 • Fairfax, VA 22030 • P (703) 358-9300 • F (703) 358-9307 • www.nuca.com

Meeting Checklist:

ཞ Set up an appointment

ཞ Prepare/Know your subject

ཞ Arrive Early

ཞ Make it Local

ཞ Leave Materials Behind

ཞ Follow up

My Member of Congress:Members of Congress Near Me: