Order Code 98-878 GOV
CRS Report for Congress
Received through the CRS Web
Casework in a Congressional Office
Updated July 12, 2001
John S. Pontius
Specialist in American National Government
Government Division
Congressional Research Service ˜ The Library of Congress
Casework in a Congressional Office
Summary
This report and its appendices present a general overview of congressional office
procedures associated with handling casework and the assistance provided by a
Member of Congress to help constituents in their dealings with federal agencies. It
discusses options for assisting Members’ constituents and the role of Members and
staff in providing casework services. This report is intended for congressional use
only.
Casework generally consists of assistance provided by Members of Congress and
their staff to constituents in their transactions with federal agencies. Casework
involves individuals or groups with a common concern, and typically includes a
problem, grievance, question of eligibility, specific need, or other tangible interest or
benefit. Whether it is a delayed Social Security check, a denied veteran’s claim, or
a Medicare reimbursement dispute, the constituent’s problem usually has to do with
a federal program, rule, regulation, or administrative decision resulting from the
implementation of a public law. Casework mostly emanates from constituent letters,
visits, phone calls, faxes, and e-mails. Members view casework as an important,
necessary, and legitimate congressional function.
A Member of Congress usually allocates casework responsibilities to one or
more staff members who review and respond to needs, complaints, or personal
problems posed by constituents. The caseworker represents the Member, both to the
constituents and to the appropriate federal agencies. Identifying the total problem is
the first step for the caseworker. Upon receipt of the inquiry, most caseworkers feel
it is advisable to send an immediate acknowledgment by letter advising the constituent
that the Member is aware of the request and is inquiring into the matter, and that the
constituent will be contacted again when some response is forthcoming.
Every caseworker has to develop a personal approach to analyzing the nature of
the constituent’s problem and how to generate the most expeditious and just
resolution. Adherence to ethical and legal standards is of concern to Members of
Congress and their personal and committee staff when intervening in the
administrative process. Once an agency has been contacted on behalf of the
constituent, the case should be tracked until completion. Responding to constituents’
needs, complaints, or problems gives a Member an opportunity to determine whether
the programs of the executive agencies are functioning in accordance with legislative
mandates and may indicate the need for congressional oversight and new legislation.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Performing Casework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Assigning Casework Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Privacy Safeguards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Analyzing the Constituent’s Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Worker’s Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Military Personnel Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Military Hardship Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Social Security (Lost Check) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Social Security Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Congressional Intervention in the Administrative Process . . . . . . . . . . . . . . 9
Tracking Casework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Disposition of Casework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Handling Cases When Closing a Congressional Office . . . . . . . . . . . . . . . 11
Appendix A: Federal Office Contacts for Types of Cases and
Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Civilian Pensions and Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Social Security Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Supplemental Security Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Black Lung Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Medicare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Civil Service Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Railroad Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Unemployment Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Workers’ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Military Affairs and Service Academies . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Military Academy Recommendations . . . . . . . . . . . . . . . . . . . . . . . . 14
Selective Service System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Veterans (Department of Veterans Affairs (VA)) . . . . . . . . . . . . . . . 15
State Department Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Passports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Letters of Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Overseas Citizens Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Refugee/Asylum Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Immigration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Labor Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Higher Education Loans and Assistance . . . . . . . . . . . . . . . . . . . . . . 16
Farmers’ Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Communications Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Government Procurement and Property . . . . . . . . . . . . . . . . . . . . . . 17
Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
American Indians and Alaska Natives . . . . . . . . . . . . . . . . . . . . . . . . 17
Postal Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Federal Prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Small Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
U.S. Commission on Civil Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Recommendations for Federal Employment . . . . . . . . . . . . . . . . . . . 18
Appendix B: Appointments to U.S. Military
Service Academies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
U.S. Military, Naval, and Air Force Academies . . . . . . . . . . . . . . . . . . . . 19
Additional Types of Nominations for Appointments . . . . . . . . . . . . . 22
U.S. Merchant Marine Academy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Coast Guard Academy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Appendix C: Sample Privacy Act Release Form . . . . . . . . . . . . . . . . . . . . . . . 24
Appendix D: Legal and Ethical Considerations of Casework . . . . . . . . . . . . . . 25
Agency Intervention Protocol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Employment Recommendation Restrictions . . . . . . . . . . . . . . . . . . . . . . . 26
Responsibility to Constituents
(House Ethics Committee Advisory Opinion) . . . . . . . . . . . . . . . . . . 26
Representations Before Federal Agencies . . . . . . . . . . . . . . . . . . . . . . . . . 27
Principles to be Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Guidance for Future Conduct (Senate Ethics Committee Report) . . . . . . . 28
Representation of Petitioners Before Federal Agencies . . . . . . . . . . . . . . . 29
Senate Rule XLIII—Representation by Members . . . . . . . . . . . . . . . . . . . 30
Congressional Intervention in the Administrative Process . . . . . . . . . . . . . 30
This CRS report has evolved from the work of Jack H. Maskell, Morton Rosenberg, and
John Pontius. Much of its text has been published, sometimes verbatim, in a variety of
CRS, congressional, and other documents. The author wishes to thank Kristen Bini,
Jennifer Manning, and Daphne Bigger for their valuable contributions.
Casework in a Congressional Office
Introduction
Casework consists of assistance provided by Members of Congress and their
staff at the request, and on behalf of, constituents in their dealings with federal
agencies. Casework involves individuals (and on occasion a group with a common
concern), and typically includes a problem, grievance, question of eligibility, need, or
other tangible interest or benefit to these individuals. Whether it is a delayed social
security check, a denied veteran’s claim, or medicare reimbursement, the constituent’s
problem usually has to do with a federal program, rule, regulation, or administrative
decision resulting from the implementation of a public law. The constituent may also
have another need connected with government, national or foreign, on which a
Member may be of assistance. Casework mostly emanates from constituent letters,
visits, phone calls, faxes and e-mails. Members view casework as an important,
necessary, and legitimate congressional function.
A basis for casework can be found in the first sentence of the Constitution: “We
the people of the United States in order to form a more perfect Union ... establish
justice ... promote the general welfare ...”
There is no doubt that the casework function in a congressional office promotes
an individual’s general welfare and often may correct an injustice. There is also no
doubt that the framers of the Constitution could not have envisioned the complexity
of modern government: the scores of agencies, and thousands of regulations that
affect our citizens. Occasionally, an important benefit check is delayed, or a veteran
needs hospital care right away—these are some of the many problems presented to
a caseworker. The representative functions of Members of Congress in this area,
while not so defined, are arguably implicit in the Constitution. Additionally, the first
Article of the Bill of Rights provides that “Congress shall make no law ... abridging
the ... right of the people ... to petition the government for a redress of grievances.”
Casework, or “constituent business” as it was sometimes called, was an early
function for Members of Congress, as noted in the diaries of John Quincy Adams and
James K. Polk. According to Leonard White’s The Jacksonians, Polk wrote of cases
in which he provided assistance in claims for pensions, land claims, writing letters for
appointments to West Point, and a search for a letter in a dead-letter office.1
Legislators did not have any staff to assist them: until well into this century, Members
had to depend solely upon requests to the executive agencies for information.
1Leonard White, The Jacksonians (New York: MacMillan, 1954), p. 144. See also John
Spencer Bassett, “James K. Polk and His Constituents, 1831-1832,” American Historical
Review, vol. 28, no. 1 (Oct. 1922), pp. 68-77.
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By the 1940s, it had become clear that attending to constituents’ needs was
consuming large blocks of Members’ time. A report by the American Political
Science Association’s Committee on Congress, published in 1945 acknowledged this
fact and recommended relief.2 That same year, hearings on the organization of
Congress were held by a joint committee at which a number of Members and
observers testified about this problem. Several witnesses advocated the appointment
of an administrative assistant who would assist Senators and Representatives “in their
office and departmental work.” Members reported spending from 50-80% of their
time occupied with non-legislative matters, including handling constituent requests
before departments. Some urged deliverance from the growing burden of services to
constituents, while a few argued that Members should be forbidden altogether from
intervening on behalf of constituents.3
In its 1946 report, the Joint Committee on the Organization of Congress noted
that “expansion of governmental activities during the past 25 years [had] vastly
increased the volume of ... requests for service” from constituents.4 It further stated
that “while it is true that the Constitution does not place this burden directly upon
Congress, nevertheless service to constituents has long been an accepted part of the
job of a Member of Congress.”5 This contact affords, said the Committee, one of the
few remaining direct links between citizens and their elected representatives.
Furthermore, it continued, no other agency or office of government can perform this
service “so cheaply or with such patience, understanding, and personal interest as
congressional offices.” Despite suggested alternative ways of rendering this service,,
the committee concluded that “it is neither possible or advisable” to do so6.
Citing past precedents in which Congress had increased clerical assistance to
Members, the committee recommended that “a competent assistant capable of
assuming a large part of the service burden” be appointed so as to release Members
for the performance of their legislative duties.
When the Senate subsequently enacted the Legislative Reorganization Act of
1946 (Public Law 79-601), it included a provision to this effect. The House,
however, acted last, and its version, which was accepted by the Senate due to the
lateness of the session, did not contain this provision. Nevertheless, it was
successfully argued by Senator Robert LaFollette, Jr., co-chairman of the Joint
Committee that drafted the Legislative Reorganization Act, that funds should be
appropriated for these assistants. Within a short period of time, 91 of the 96 Senators
2American Political Science Association, Committee on Congress, The reorganization of
Congress: a report of the Committee on Congress of the American Political Science
Association (Washington: Public Affairs Press, 1945), pp. 78-81.
3U.S. Congress, Joint Committee on the Organization of Congress, Organization of Congress,
summary of hearings, 79th Cong., 1st sess. (Washington: GPO, 1945), p. 3.
4U.S. Congress, Joint Committee on the Organization of Congress, Organization of
Congress, H.Rept. 1675, 79th Cong., 2nd sess. (Washington: GPO, 1946), p. 15.
5Ibid.
6Ibid., p.16.
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appointed such assistants. Subsequently, administrative assistants were also
authorized for the staffs of House Members.
These actions were tantamount to statutory authority for caseworkers in
senatorial offices. Since 1946, of course, their number has grown to reflect the
magnitude of constituent requests for assistance in dealing with the many
departments, agencies, and offices of the federal government. It is of both historical
and current importance that casework has been perceived as a legitimate, necessary,
and irreplaceable function of Members and their staffs, and that Congress explicitly
recognized this over four decades ago.
The Legislative Reorganization Act of 1970 (Public Law 91-510) provided some
increase in resources for constituent services in its reorganization of the Congressional
Research Service (CRS). Section 203(a)(5) of the Act authorizes CRS, “upon
request, or upon its own initiative in anticipation of requests, to prepare and provide
information, research, and reference materials and services to committees and
Members of the Senate and House of Representatives and joint committees of
Congress to assist them in their legislative and representative functions ....” The
majority of CRS assistance is related to legislation or oversight: CRS assists in
casework only by providing readily available materials to Members in responding to
constituent inquiries.7
Congressional Research Service Resources on Casework
The Congressional Research Service (CRS) has an hour video Congressional
Casework: Advice from a Practitioner (Video VB60025 or Audio AB50388). For
congressional staffers handling casework and needing to communicate with federal
executive offices, request Congressional Liaison Offices of Selected Federal Agencies,
CRS Report 98-446 (April 16, 2001; for congressional office use only). CRS Office of
Special Programs presents a seminar on casework as part of its three day District/State
Staff Institute held quarterly in Washington, D.C. Check the CRS Web site
[http://www.crs.gov] for dates and registration. To obtain any of these products, call the
CRS Products Line at 202-707-7132.
7For additional information on casework see John R. Johannes, To Serve the People (Lincoln:
University of Nebraska Press, 1984). Also see Congressional Management Foundation,
Frontline Management: A Guide for Congressional District/State Offices (Washington:
1998).
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Performing Casework
Most federal departments and agencies have regional or state offices. Members
of Congress and federal agency officials often recommend that congressional district
and state offices first seek to resolve constituent problems through these units.8
Ninety-seven percent of all congressional caseworkers work in field offices.9 The
volume of casework continues to increase. The Congressional Management
Foundation, a non-profit foundation, stated that its:
1997 survey of District and State Directors shows that 53% of House offices and
42% of Senate offices receive between 1,000 and 5,000 cases each year, and 32%
of Senate offices report more than 7,500 cases annually. Moreover, 58% of House
offices and 84% of Senate offices report an increase in casework in the past five
years—with an average increase of 35%!10
Assigning Casework Responsibilities
A Member of Congress usually allocates casework responsibilities to one or
more staff members who review and respond to needs, complaints, or personal
problems posed by constituents. The personal communication aspect is very
important. The caseworker should be personable, helpful, and ready to assist an
individual with his or her problem. A caseworker should also be compassionate,
realizing that those in need may be desperate when they contact Members. Finally,
the caseworker must be well organized and know how to follow through.
Casework is rarely an isolated operation in a congressional office: it can involve
the administrative assistant, legislative assistants, grants and projects staff, the office
manager, and the press secretary, as well as staff in the field offices. Caseworkers
also contribute to other functions of the office, such as alerting the press secretary of
a noteworthy case or identifying for the legislative staff a law that may need changing.
Responding to constituent needs, complaints, or problems gives a Member an
opportunity to determine whether executive agencies’ programs are functioning in
accordance with legislative mandates. Thus, casework has the potential to contribute
to legislative oversight of agencies. Indeed, some offices make it a practice to bring
8These regional agencies are listed in sources such as the United States Government Manual
(in print) or via the Government Printing Office’s National Archives Internet site
[http://www.access.gpo.gov/nara/browse-gm-00.html], the Catalog of Federal Domestic
Assistance Appendix IV: “Federal Agency Contacts in States” (in print), or via the Internet
[http://www.cfda.gov], and Carroll’s Federal Regional Directory (in print).
9Congressional Management Foundation, House Staff Employment Study (Washington:
1998), pp. 48-49; and Congressional Management Foundation, Senate Staff Employment:
Salary, Tenure, Demographics, and Benefits (Washington: 1997), p.70.
10Richard H. Shapiro, Frontline Management: A Guide for Congressional District/State
Offices (Washington: Congressional Management Foundation, 1998), p. 89.
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casework observations to the attention of the pertinent authorizing committee(s),
particularly if a pattern emerges. It may even lead to new legislation.
Most federally assisted casework involves problems regarding social security
checks, benefits, and appeals; workers’ compensation claims, hearings, and appeals;
military service problems, such as a hardship discharge from the service; veterans’
benefits, medical care, and home loan guarantees; immigration problems; and other
appeals for help. Casework is closely related to, but different from, grants and project
work, which usually concerns local governmental units or other organizations (e.g.,
corporations, universities, and research firms) that compete for federal government
funds in the form of contracts, grants, loans or other disbursements. Some
congressional offices, however, combine these functions and call them “constituent
services.”11
Privacy Safeguards
Constituent letters sent to a Member’s office are not protected by the Privacy
Act of 1974 (5 U.S.C. 552a) or any other statute safeguarding personally identifiable
records received and maintained in such offices. However, for a variety of reasons,
including the high probability of an expectation of privacy concerning these
communications, a policy safeguarding privacy is advisable for such offices. Such a
policy would include:
! physically safeguarding such correspondence in office files; and
! limiting access to such correspondence, including the drafting of responses, to
office personnel.
Concerning constituent casework correspondence awaiting final disposition at
the time of a Member’s retirement or departure from office, see Handling Cases
When Closing a Congressional Office, later in this report. Most Members of
Congress do not archive case files to a repository not only because both Members and
repositories are concerned about privacy issues but also because repositories cannot
manage the large volume of these files. Some repositories take case work, while
others sample it. This should be discussed with the receiving depository as to what
it is willing and able to do. Most Members destroy case files before they leave office.
Beyond privacy issues, the need to process such records and their volume would
be a heavy burden for a repository, especially since the researcher demands would be
focused on other aspects of the collection. It would be advantageous to include staff
11For further information from the Congressional Research Service (CRS) on grants and
projects, congressional staff may access the CRS Grants Information Web page at
[http://www.crs.gov/reference/general/grantsinfo.shtml]; and call 202-707-7132 to request the
Congressional Research Service Grants and Foundation Support: Information on
Government and Private Funding, CRS Info Pack IP050G; Grants Work in a
Congressional Office, by Merete F. Gerli, CRS Report 97-220 (Washington: January 25,
2001); Grants Information for Constituents, by Merete F. Gerli , CRS Report RS20514
(Washington: February 5, 2001).
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from the repository in the casework transfer process as early as possible to determine
which casework files (if any) should be saved.
In the unlikely case of a Member or repository agreeing to transfer casework
files, the deed of a gift should include provisions for personal information to be
redacted from the case files before the files are released to researchers. Relying upon
a signed form promising not to reveal personal information contained in a case file
released to the researcher is not enough to prevent the release of personal data.
Congressional offices should prepare and file periodic summary reports on their
casework. Such reports should summarize the office’s casework projects and their
status. It should not include any personal identifying information. This approach
would capture the essence of casework activities and allow for the secure destruction
of most casework files.
Casework should be conducted with sensitivity to the constituent’s personal
privacy rights. Although neither the Freedom of Information Act nor the Privacy Act
apply to Congress, they may be used by caseworkers to seek federal department and
agency records on behalf of constituents. The former law allows any person to
request existing unpublished agency records on any subject so long as the materials
are reasonably described and not otherwise restricted. The latter statute permits an
American citizen or permanent resident alien to seek agency records or files pertaining
exclusively to himself or herself.
General guidance on the Privacy Act is provided in an Office of Management and
Budget (OMB) memorandum of October 3, 1975, concerning “congressional inquiries
which entail access to personal information subject to the Privacy Act.” OMB
recommends that, as a matter of policy, each agency administering the Privacy Act
adhere to the position that disclosure may be made to a congressional office pursuing
personally identifiable information at the request of that individual.
Since most agencies will not release personally identifiable information without
written consent, it is important to have either a letter from the constituent that will
serve as a Privacy Act release or a separate form on file. The form may state, “I
authorize Senator/Representative to check into my case and receive
information connected with it.”12 The form must be sent to the constituent for
signature and returned. When contacting an agency on behalf of a constituent, a
caseworker may say, “This office has Mr./Ms. authorization to
receive information about his/her case.” Many agencies do not require the form and
will accept a verbal authorization, but only with the assurance that a Privacy Act form
will be forthcoming. It is in the interest of a member’s office to secure this privacy
release.
12An example of a Privacy Act form used by one Member’s office is provided in Appendix C:
Sample Privacy Act Release Form.
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Analyzing the Constituent’s Problem
Frequently, when constituents seek assistance they have done everything they
know how to do and are coming to the Member’s office as a last resort because they
do not know where else to go for help. Often they feel caught in a bureaucratic
labyrinth. Accordingly, they may see their Member as a last chance for relief.
Identifying all elements of the problem is the first step for the caseworker:
sometimes individuals do not provide the whole story, and occasionally, they may
forget or omit crucial information. When caseworkers read a letter, see a referral
from the field office, or receive a phone call from a constituent, they should make
certain that they have all relevant information needed to proceed. For example, a
social security number and the age of the recipient, or time and length of military
service may not only be useful, but necessary in processing a claim.13
Upon receipt of the inquiry, most caseworkers feel it is advisable to send an
acknowledgment letter to the constituent immediately to inform them that the
Member is aware of the request and is inquiring into the matter, and that the
constituent will be contacted again when some response is forthcoming. This method
establishes a basic office file in the name of the constituent, and is also a means of
requesting any additional information from the constituent, if needed.
Every caseworker has to develop a method of analyzing the nature of the
constituent’s problem and conducting the most expeditious resolution of it. Knowing
where to go first can save time; the caseworker, therefore, must have a working
knowledge of federal agencies. This includes a knowledge of the relevant agency
program, as well as keeping abreast of current legislation that might affect the
constituent’s case. Understanding the various sources of assistance, federal and non-
federal, including welfare organizations and charities, can enable the caseworker to
assist more fully and expeditiously. Effective caseworkers develop a telephone list of
contacts in the various agencies and retain the numbers of other congressional
caseworkers who might be able to assist with a lead, a number, or advice based on
their own casework experience.
Caseworkers may consult Appendix A for contacts and telephone numbers for
various types of cases, such as civilian pensions and benefits, military affairs, and State
Department inquiries. For contacts not listed in Appendix A, the caseworker could
call the appropriate federal department or agency congressional liaison office for the
correct office or person to help with a particular problem. 14 This approach may save
valuable time, rather than guessing who might best be able to help a constituent.
Appendix B refers to contacts at military academies.
Members of Congress also receive inquiries from constituents dealing with
subjects or programs within the jurisdiction of state or local governments. In such
instances, the Member office must decide upon an appropriate response to the
13See Appendix A: Federal Office Contacts for Types of Cases and Information Required.
14Congressional Liaison Offices of Selected Federal Agencies, CRS Report 98-446C (April
16, 2001; for congressional office use only).
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constituent inquiry. Most Member offices routinely respond to constituent inquiries
about local government issues by referring the matter to local officials, and if the
decision is to refer the case to local officials, the constituent must be notified that the
congressional office has done so. However, some Members’ field office staff work
in conjunction with state legislative and local government staff as a means to more
effectively serve the constituency at the federal, state and local levels.
In communicating with an agency, the caseworker must convey concern and,
if necessary, urgency, communicate clearly, and be reasonable, but persistent. The
caseworker must also decide how best to transmit the case, either by phone, fax,
buck-slip, or letter. The form of contact with the agency usually depends upon the
degree of urgency: sometimes the problem requires an immediate response, but more
often, it is not so urgent. All appeals for help, however, should be dealt with in a
timely and personal way on behalf of the Member. Once an agency has been
contacted, the case is tracked; if no response has been received after a reasonable
amount of time, a follow-up is done. Sometimes an interim response is sent to the
constituent advising that the Member is still working on the case. When the agency
finally renders its determination, caseworkers have to read it as if they were the
constituent and recast it, if necessary: rephrasing “bureaucratese” so that it is simple
and direct is an essential task of casework. Following are examples of several cases:
Worker’s Compensation. With a worker’s compensation case, a constituent
has typically filed a claim, but has not received the payment to which he or she feels
entitled. The Department of Labor, when contacted by a congressional office, will
locate the case, check the status, and determine agency action. It is the Department’s
practice to answer congressional correspondence within 14 calendar days.
As with most agencies, if the answer is still unsatisfactory, a reconsideration,
hearing, or procedure before the appeals board are all alternatives for a denied
constituent. The appeals process can vary from agency to agency. At the Department
of Labor, an individual may request one of the above or all three, but at the appeals
board level no new information can be entered. While agencies will allow a
caseworker to review the file, this is rarely done.
Military Personnel Inquiries. When contacting a military liaison officer on
behalf of a member of the Armed Services, provide the name, rank, social security
number, location and unit of assignment. Additionally, a military liaison will probably
require an acknowledgment that a Privacy Act clearance has been provided to the
congressional office by the military petitioner. The military petitioner’s unit is
contacted to determine the situation and to verify information provided to the
Member of Congress. If assistance or counseling is appropriate, the military
organization will do so, and express the Member’s interest in the matter. The
Member’s caseworker is then notified of the findings and/or actions taken as a result
of the inquiry.
Military Hardship Discharge. Military liaisons require the individual’s
name, rank, social security number, location and unit to which assigned, and the
circumstances of the request for a hardship discharge. Additionally, liaison officers
also require acknowledgment that a Privacy Act clearance has been submitted to the
congressional office by the requesting military member. The military liaison then
CRS-9
contacts the unit to which the member is assigned to determine his or her status and
to verify the information the military member has provided the Member. If the
military member has not yet filed a request for hardship discharge, the military liaison
asks the military organization to advise the military member regarding the application,
and expressing the Member’s interest in the matter. The military liaison then notifies
the Member’s staff and caseworker of their actions, and the outcome of the case. The
acceptable hardship criteria for a release as well as the steps involved may differ
among services.
Social Security (Lost Check). Typically, a retiree who has not received a
social security check contacts a Member of Congress. A caseworker on that
Member’s staff then contacts the Social Security Administration with the pertinent
information—name, social security number, type of benefit, and a description of the
problem. The agency confirms that the individual has reported the problem to its
district office and determines the check number, amount, and date of issue. This
information is furnished to the congressional office. A caseworker can greatly
expedite the claim by phoning this information to the Department of Treasury,
Congressional Division of Check Claims.
If the check has not been cashed, Treasury will confirm or place a stop order on
the check and reissue it immediately. If the check has been paid, a photostatic copy
and claim form are sent to the payee for endorsement verification. If it is shown that
the beneficiary did not receive or cash the check, a settlement check is issued to the
payee upon receipt of a properly executed claim. Suspicious circumstances
surrounding claims will be investigated, and such investigation can take several
months.
Social Security Appeal. Most appeals are within the disability area. An
unfavorable decision from the Social Security Administration, either in whole or in
part, may lead to an appeal. After a due process notice (appeals rights) goes out, the
constituent may file for reconsideration. This request for reconsideration must be
filed within 60 days of receiving the notice. The individual’s claim is then again
reviewed by the disability determination service. If a favorable answer is still not
forthcoming, the individual has 60 days to file for a hearing with an administrative law
judge, who will hear the case, in a face-to-face hearing if so desired. If the judge’s
ruling is unfavorable, there is further recourse. A request for further review must be
filed within 60 days. An appeals council may review the decision. After that, it can
be taken outside the purview of the federal agency to the federal district court in the
constituent’s area.
Congressional Intervention in the Administrative Process
Adhering to ethical and legal standards is of concern to Members of Congress
and their personal and committee staff when intervening in the administrative process.
Congressional interventions involve varying degrees of intrusion into agency decision
making processes.15
15See Appendix D: Legal and Ethical Considerations of Casework. See also CRS Report 90-
(continued...)
CRS-10
Tracking Casework
Once an agency has been contacted on behalf of the constituent, the case should
be tracked. Although a letter is usually sent to the agency head from the Member of
Congress, it frequently helps to contact directly key agency staff likely to respond to
a casework request. Sometimes an interim response is sent to the constituent advising
that the Member is still working on the case. If no agency response has been received
after a reasonable amount of time, a follow-up is advised. When the agency finally
renders its determination, a caseworker should read it as if the caseworker were the
constituent. Rephrasing bureaucratic wording and procedures is an essential task of
casework.
Casework and other requests of Members invariably increase over time. In order
to cope with the workload, offices have installed computer and word processing
systems. Such equipment enables offices to retain, in computers, disks or tapes,
casework information, including constituent’s name, the problem, any interim
communications, and final disposition data. Case management software may create
particular problems for repositories unprepared for dealing with such special media.
Over time, the problem with case management software will only grow for members
who serve for many terms.
Disposition of Casework
Successful resolution of a case, more than anything else, will show the individual
that his or her Member, and the government, are really working for the constituent.
There are times, however, when it is not possible to achieve what an individual has
requested. A caseworker has to know when the case is no longer worth pursuing.
On the other hand, a caseworker must know when to persist in the face of perceived
agency resistance, and to do the utmost to assure as complete an effort on behalf of
the constituent as possible. If advisable, a negative decision from an agency can be
appealed to the appropriate agency office.16
Closed cases are kept on file for future reference. The files provide a Member
with examples of service to constituents and can be brought to the Member’s
attention for possible use when communicating with constituents. If the situation is
newsworthy, the Member’s press aide should be involved. Successful cases are
sometimes included in newsletters, press releases, and in human interest feature
stories. The constituent’s permission, of course, is required.17
15(...continued)
440, Congressional Intervention in the Administrative Process: Legal and Ethical
Considerations, by Morton Rosenberg and Jack H. Maskell (Washington: Sept. 7, 1990).
16If the case is taken through the administrative process and the constituent feels that he or she
has unjustly been denied recourse or benefits, they have the right to take their grievance to
federal court, but only after the administrative process and appeals have been completed.
17The Legislative Resource Center, Office of the Clerk of the House (202-226-5200), the
Office of Historian, Secretary of the Senate (202-224-3351), and the Senate Sergeant at Arms
(continued...)
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Handling Cases When Closing a Congressional Office
Archivists recommend preserving case files that relate to particular issues (black
lung disease and disaster relief in the district/state, for example), only if the office has
maintained these files separately or can retrieve them easily. If one wishes a special
restriction on personal information in case files, it should be written into the deed of
the gift. Possible restrictions on case files include that the files be used for statistical
purposes only or be closed for a longer time than other sections of the office records.
Another alternative is that the depository or library require researchers to sign an
agreement that they will not use names or quote from particular documents. The
requirement both allows researchers to use the case files and gain information from
them but also discourages publication that would embarrass any specific individual.
Some casework files may be vital to understanding the activities of the Member.
Such files may initiate ideas for legislation or policy advocacy. In other cases, these
files may reflect the policy record or a particular interest of the Member. Such
casework files should be maintained separately or filed among the Member’s
legislative or personal files. The House and Senate do not recommend keeping case
files, but do suggest keeping samples of files. Such a strategy allows for redacting
individual files. Case files should be kept if the case led to agency or legislative
oversight investigation or if the case is of particular interest to a Member of Congress.
To reduce the number of open case files, it is advisable for departing Members
to set a date beyond which they will not accept new case files. The constituent’s
request is returned with a letter recommending that the request be resubmitted to the
Member’s successor or a Senator whose term is not expiring.
Open cases are those that are unresolved or not concluded by the time the
Member leaves office. Representatives have a number of options with regard to these
cases. They may pass on open cases to their successor, assuming the successor is
willing, and the constituent has granted approval. Sometimes, however, this is not
politically desirable. A retiring Member of the House may transfer open cases to one
of the state’s Senators, assuming a Senator and the constituent are agreeable to this
arrangement. If not, the active file is returned to the constituent.
17(...continued)
(202-224-2341) provide assistance and guidelines to Members on records management issues,
particularly for those who are leaving Congress. See their documents: Closing a
Congressional Office: A Guide to the Disposition of Official Papers and Records (House
Clerk) and Records Management Handbook for U.S. Senators and Their Archival
Repositories (S. Pub. 102-17), Secretary of the Senate.
Courtesy storage facilities are available to Members of Congress at the Washington
National Records Center of the National Archives and Records Administration (NARA) in
Suitland, Maryland. Many Member offices store closed case files in courtesy storage. If an
office uses courtesy storage, they must keep on file Standard Form 135 to allow staff to keep
track of these files. When a Member is aware that he or she will not be returning to Congress,
staff should consult their SF 135 to determine whether courtesy storage files should be
returned to the office, sent to the repository, or destroyed by the records center.
CRS-12
When Senators leave office, active files are customarily transferred to the
succeeding Senator, or to the other Senator representing the same state, so that work
can continue on the problem. In some offices, however, Senators who are leaving will
return the active file to the constituent, with a letter explaining that they are leaving
office and are no longer able to follow the case to a conclusion.
CRS-13
Appendix A: Federal Office Contacts for
Types of Cases and Information Required
For a list of congressional liaison offices in over 150 federal agencies, call CRS
Products Line at 202-707-7132 and request CRS Report 98-446, Congressional
Liaison Offices of Selected Agencies, a report to aid congressional offices in placing
telephone calls and addressing correspondence to government agencies. The most
common requests for assistance are noted here, including the type of information
usually needed, and a contact name and phone number.
Civilian Pensions and Benefits
1.
Social Security Benefits. Retirement, disability, and survivors. Provide
social security number, nature of the problem, name and address, type of benefit.
410-965-3929 Marlow L. Mitchell (Social Security Administration)
2.
Supplemental Security Insurance. Name, address (each state has different
rules), social security number and nature of impairment: aged, blind, or disabled.
410-965-3929 Marlow L. Mitchell (Social Security Administration)
3.
Black Lung Benefits. Administered by the Department of Labor. Social
security number, name, city, nature of the problem, claim number, and date of
claim.
202-219-6141 Mr. Earl Cohl (Department of Labor)
4.
Medicare. Name, address, medicare claim number, social security number, and
description of problem.
202-690-8220 Ms. Carleen Talley (Center for Medicare and Medicaid Services)
5.
Civil Service Retirement. The Office of Personnel Management administers
both the Civil Service Retirement System and the Federal Employees Retirement
System. Applicants include those seeking regular and disability retirements, or
their surviving spouses and children. Other categories of inquiry: lost checks;
change of address for correspondence and direct deposit for checks; refunds of
retirement contributions; voluntary contributions; federal employees health
benefits program; federal employees group life insurance program; federal and
state income tax withholding; federal long-term care; court orders and tax levies;
and deposits and redeposits.
For each inquiry it is necessary to have either the civil service annuity number,
survivor number, or a social security number, and date of birth of the person
receiving benefits.
202-225-4955 Ms. Charlene Luskey (Office of Personnel Management)
CRS-14
6.
Railroad Retirement. For benefits and unemployment benefits, provide
name, address, social security number.
312-751-4777 Mr. William G. Poulos (Railroad Retirement Board)
7.
Unemployment Benefits. Name, social security number, place of last
employment, reason for termination. In general, cases should be handled
through the local unemployment office first.
202-219-6141 Ms. Teri Bergman (Department of Labor)
8.
Workers’ Compensation. Name, address, social security number, claim
number, date of injury, and status of care. (Could cover, for example, long shore
and harbor workers, F.E.C.A., or black lung programs).
202-219-6141 Mr. Bill Buie (Department of Labor)
Military Affairs and Service Academies
9.
Military. Hardship and retirement cases. Name, rank, social security number,
location, unit to which assigned, nature of the problem.
Army:
(Senate) 202-224-2881 Col. Tim Peterson
(House) 202-225-6818 Col. Abe Turner
Navy:
(Senate) 202-226-4682 Capt. Barry Costello
(House) 202-685-6079 Capt. J. Michael Denkler
Air Force:
(Senate) 202-685-2573 Col. Lyle Koenig
(House) 202-685-4531 Col. Pete Buncep
Coast Guard: (Senate) 202-224-2913 Cdr. Tom Richey
(House) 202-225-4775 Cdr. Karl Schultz
10. Military Academy Recommendations. Name, address, desired
appointment, indication of credentials and brief history requested for a letter of
recommendation.18
11. Selective Service System. For those born on or after January 1, 1960:
name and social security number; selective service number is helpful. For those
born prior to January 1, 1960: name, date of birth, and address at time of
registration; selective service number is helpful. For approval or disapproval of
educational loans under Title IV of the Higher Education Act—name, social
security number, and/or selective service number.
703-605-4100 Mr. Dick Flahavan (Selective Service System)
18See Appendix B: Appointments to U.S. Military Service Academies.
CRS-15
12. Veterans (Department of Veterans Affairs (VA)). VA benefits include,
but are not limited to, disability, education and training, home loan, life
insurance, burial, survivor benefits, and health care benefits. Eligibility for most
VA benefits is based upon discharge from active military service other than from
training under honorable conditions for a minimum period specified by law.
Provide veteran’s name, social security number, claim number, policy number
(for insurance), date of birth and period of service. Evidence of honorable
discharge may be necessary.
202-224-5351 Mr. Philip Mayo (Senate) (VA)
202-225-2280 Ms. Linda Jurvelin (House) (VA)
For policy issues or statutes, call congressional liaison:
202-273-5611 Ms. Sheila Clarke McCready (VA)
State Department Inquiries
13. Visas. Name, date, place of birth, type of visa (visitors, working, student,
immigrant); where they applied; nature of the problem, if applicable.
202-663-1516 Ms. Nadine Wick (State Department)
14. Passports. On an emergency basis, may be completed on same day. Name,
address, certified birth certificate, driver’s license, previous U.S. passport or
naturalization certificate, two passport photos, fee, flight tickets, pertinent
application form.
202-955-0198 Ms. Patience Tait (State Department)
15. Letters of Introduction. To American embassy abroad. Congressional office
may contact State Department or embassy directly. Provide name of constituent,
date of visit to foreign country. Suggested clause to be included in letter:
“Please extend appropriate courtesies to my constituent.”
16. Overseas Citizens Services. Deaths, arrests, missing persons, child
custody, injured relatives—name, relevant information on itinerary or location.
202-647-5226 Ms. Dianne Andruch (State Department)
17. Refugee/Asylum Cases. 202-663-1056 Ms. Pam Lewis (State Department)
CRS-16
Other
18. Immigration. Name, place and date of birth, immigration file number or
receipt number if known, type of case, location, alien number (if applicable), and
date of filing. If the case was denied, find out if and when an appeal has been
filed.
202-514-5231 Ms. Gerri Ratliff (Immigration and Naturalization Service)
19. Labor Certification. Employees who have applied for certification. Provide
employee name, employer name, type of job, case number, last action, date of
application or appeal. Employers (former) who are being investigated. Provide
name of employer or person being investigated, location, name of individual
making the inquiry.
202-219-6141 Mr. Earl Cohl (Department of Labor)
20. Higher Education Loans and Assistance. Student financial assistance,
grants, budget and legislative proposals.
(a) Student financial assistance and related issues including repayment,
defaults, consolidation.
202-401-1028 Ms. Libby Upshur (Department of Education)
(b) Budget and general program questions
202-401-1028 Ms. Cynthia Wetmore (Department of Education)
(c) Legislative proposals
202-401-1028 (request appropriate specialists)
(d) Grant funding
202-401-1028 Ms. Elnora Walker; Mr. Rodney Capel; Ms. Caroline
Beurkle (Department of Education)
(e) Correspondence
202-401-1028 Ms. Theresa Toye (Department of Education)
21. Farmers’ Loans. Farm Credit Administration. Knowledge of whether
application has already been made, name, address, county and state in which
property is located.
703-883-4056 Mr. Mark McBeth; Ms. Eileen McMahon (Farm Credit
Administration)
CRS-17
22. Communications Licenses. The information needed depends on the nature
of the inquiry. For example, for status queries about pending applications, the
agency needs the name of the applicant, file number, call number of station, and
city of license.
202-418-1903 Mr. Dan Python (Federal Communications Commission)
23. Government Procurement and Property. General Services
Administration (GSA) provides the following assistance regarding government
procurement and property: how to obtain surplus personal/donation property;
how to do business with the federal government; federal travel regulations/per
diem rates for federal employees; child care in the federal workplace; regulations
on smoking in federal buildings; GSA owned/leased space; and disposal of
surplus real property (land/structures).
202-501-0563 Ms. Brenda Short (General Services Administration)
24. Housing. Name, address, property address, indications of need, case or file
number. Specify public or FHA assisted or insured housing. Programs cover:
housing for the elderly and handicapped; Section 8 voucher and certificate
assistance; Fair Housing; FHA insurance; manufactured housing; home equity
conversion mortgages; and home ownership assistance for low-income and
moderate-income families. May also require contact with local public housing
agency or regional Department of Housing and Urban Development (HUD)
program.
202-708-0380 Mr. John Biechman (HUD)
25. American Indians and Alaska Natives. To be eligible for most Bureau of
Indian Affairs programs, an individual must be a member of a federally
recognized tribe living on or near a reservation.
202-208-5706 Ms. Jaqueline Cheek (Bureau of Indian Affairs)
26. Postal Service. Employee problems, job opportunities, mail delivery, provide
name, address, Post Office involved.
202-268-2353 Mr. Thomas Edwards (U.S. Postal Service)
27. Federal Prisoners. All matters related to the care, treatment, and
programming of federal prisoners.
(a) All matters regarding incarceration to include transfers, medical care,
furloughs and halfway house placement. (Provide either name or register
number.)
202-514-9663 Ms. Judith Simon Garrett (Federal Bureau of Prisons)
CRS-18
(b) Prisoner paroles: provide name, register number, name of prison.
301-492-5990 Ms. Ann Vos (U.S. Parole Commission)
28. Small Business. Small business loans and contract assistance. For a Small
Business Administration (SBA) loan, provide name of business, location where
filed, amount, if possible, other pertinent information. For SBA contract
assistance, give name of contract, type of contract, which government agency
provides contract, name of contracting officer, if possible. For SBA 8(A)
certification: provide company name, date the company filed for certification,
name of any SBA contact person with whom they have worked, and what they
have heard from that person.
202-205-6700 Ms. Karen Hontz (Small Business Administration)
29.
Treasury. Department of Treasury, Internal Revenue Service: All
Congressional activities and legislative proposals that enhance tax
administration, are provisions of newly-enacted tax legislation, and GAO/TIGTA
reviews.
202-662-3720 Mr. Floyd Williams (Department of Treasury)
30.
U.S. Commission on Civil Rights. Civil Rights Complaints
202-376-7700 Ms. Kim Alton (U.S. Commission on Civil Rights)
31. Recommendations for Federal Employment. Nature of the situation,
whether school or job, relationship with Member of Congress.
Members of Congress and their employees may make recommendations
regarding federal employment. However, appointing personnel in the executive
branch may consider recommendations from a Member of Congress only as to
the character and residence of that person. 19
See “Prohibited Employment Recommendations,” Appendix D, Legal and
Ethical Considerations of Casework.
19CRS Report 96-913, Recommendations by Members of Congress on Behalf of Applicants
for Federal Employment, by Jack H. Maskell, (Washington, Nov. 15, 1996).
CRS-19
Appendix B: Appointments to U.S. Military
Service Academies
U.S. Military, Naval, and Air Force Academies
Nominations for appointments to U.S. military service academies made by
Members of Congress are accepted by the U.S. Military Academy, the U.S. Naval
Academy and the U.S. Air Force Academy. The following nominating procedures
apply to the U.S. Military, Naval, and Air Force Academies: The quota for
appointments is five cumulative per Senator and five cumulative per Representative
to each Academy at any one time. Appointments made by a predecessor are
considered part of the quota of a newly elected Member.
Nominations by Members are made when a vacancy in the appointment quota
occurs, i.e., when an appointed member graduates or for any reason leaves an
academy. Announcements of vacancies in the U.S. Naval Academy, the U.S. Military
Academy, and U.S. Air Force Academy are made by August of the preceding year.
Additional announcements are made as vacancies occur. Notification of vacancies in
an individual Member’s quota is made at the beginning of a newly elected Member’s
term of office. Unfilled vacancies are carried over from one year to the next.
Tri-service nomination forms (DD Form 1870) are supplied to a Member with
the notification of a vacancy in an Academy quota. Additional forms can be obtained
on request from academy liaison offices.
The following information should be typed on a nomination form: full name (no
nicknames); date of birth; social security number; permanent address, temporary
address; identification of candidate as constituent; type of nomination; alternate’s
numerical rank, if applicable; and signature of the Member of Congress.
In addition to requesting nomination by a Member of Congress, the individual
must complete an application form for each academy to which the candidate is
applying. Application form request cards are supplied by the academies to either
Members of Congress or applicants.
A maximum of ten applicants can be nominated for each vacancy. If fewer than
ten applicants are available for one vacancy, all names can be submitted as nominees.
If more than one vacancy exists, ten names can be submitted for each vacancy.
Three methods of nominee selection can be used by Members:
Competitive Method—ten nominees are submitted for one vacancy; most
qualified nominee is appointed by the academy.
Principal with Competing Alternates Method—Member’s first choice of
nominees is designated as principal nominee. If qualified, the nominee receives the
appointment; if disqualified, nominees compete for the vacancy. The most qualified
person receives the appointment.
CRS-20
Principal with Numbered Alternates Method—The principal nominee is
designated by a Member; alternates are numbered in order of preference. If qualified,
the principal receives the appointment. If disqualified, alternates are considered in
order of preference until one is qualified.
A combination of methods can be used if two or more vacancies exist. For
example, in the case of two vacancies, one principal with nine alternates and ten
competitors can be nominated, or 20 competitive nominees can compete for the two
vacancies.
Admission to the academies can also be obtained through the following
appointment procedure: a qualified alternate can be appointed to bring academies to
maximum strength. Qualified nominees who did not receive appointments for which
they were nominated are eligible. Appointments are granted in order of merit and are
charged against quotas of the secretaries of the military services.
Nominations to more than one academy can be made for one applicant.
Applicants can be nominated by both a Senator and a Representative; if appointed, the
applicant’s appointment will be charged against only one vacancy.
The deadline for submission of nominations by Members is January 31 of the
year for which July entrance is desired. Nominations will be accepted at the U.S.
Military and Naval Academies from August 1 of the previous year to January 31, and
at the Air Force Academy from May 1 of the previous year to January 31.
Members are informed of the status of nominees throughout the selection
process.
Notification of a nominee’s appointment is made to a Member of Congress by
telephone about three days (Military Academy—two days) in advance of the
nominee’s receipt of the appointment. Advance notice to a Member allows time for
personal congratulations by the Member prior to Academy notification to nominee.
Qualifications and Legal Requirements
Qualifications for admissions to the academies include a consideration of
scholastic examination scores, physical aptitude scores, class rank, extracurricular
activities, athletics and medical examinations, and are determined on an individual
basis through evaluation of the “whole person.”
CRS-21
Scholastic Assessment Test-1 or American College Testing examinations are
required of all applicants. Guideline scores required generally (check specific
requirements with Academy in which interested) are:
SAT-1
ACT
Military Academy
560 Verbal; 560 Math
21 English; 27 Math
Naval Academy
600 Verbal; 600 Math
26 English; 26 Math
Air Force Academya
580 Verbal; 560 Math
24 English; 25 Math
a In addition, the Air Force Academy requires ACT scores of 24 in Reading and 25 in Science
Reasoning.
Test scores will be sent directly to a Member on the request of a nominee.
Nominees financially unable to take College Boards can do so, free of charge, with
a verification of need from a high school official. Members of Congress may contact
the Educational Testing Service (609-771-7881) to be assigned a SAT code number
so that SAT-1 scores are sent directly to the Member of Congress. Extra copies of
ACT scores are obtained when the applicant indicates a request for them on the ACT
application form. The applicant must then send an extra copy to the Member from
whom a nomination is being requested.
Class rank in the top 40 % is usually required but qualification will be waived for
nominees attending selected schools.
Physical aptitude examination is required of all nominees. A medical examination
is required of all applicants; exams are given at various locations around the country.
Evaluation of all medical examinations is made by the Department of Defense Medical
Examination Review Board.
20/20 vision uncorrected is required of 65 % of the applicants for the U.S. Naval
Academy. Vision must be correctable to 20/20 for applicants to the U.S. Military
Academy. U.S. Air Force Academy applicants must have visual acuity no worse than
20/50 for potential pilot, 20/200 for navigator and distant correctable to 20/40 in one
eye and 20/70 in the other, or 20/30 in one eye and 20/100 in the other, or 20/20 in
one eye and 20/400 in the other for commissioning.
Minor disqualifying defects subject to medical or dental correction can be
waived. Disqualifying illnesses include chronic skin disease; asthma; organic heart
diseases; uncorrected hernias; and loss of either thumb or great toe.
Candidates must be: citizens of the United States; at least 17 and no more than
23 years of age by July 1 of the year of entry; unmarried, not pregnant, and have no
legal requirement to provide support to a dependent; of good moral character; and be
a resident and legally domiciled in the state/district from which they are nominated.20
20Legal residence of father normally determines constituency; if parents are divorced,
residence of parent with whom the nominee lives determines constituency.
CRS-22
Additional Types of Nominations for Appointments.
Presidential Nominations to Academies can be given to sons and daughters of
career or retired military parents. Applications by eligible applicants are made directly
to the academies. Appointments are competitive.
Vice Presidential Nominations for appointment can be made by the Vice
President of the United States as the President of the Senate. Nominations are made
from the nation at large; quota is five appointments to each academy. Applicants
must write to the Vice President for consideration.
Sons and Daughters of Medal of Honor winners can be appointed to the
academies. Applications by eligible applicants are made directly to the academies.
Applicants must only meet qualifications for admission. Qualified children of POWs
and MIAs and of deceased or disabled veterans may compete for one of 65
appointments by applying directly to the academies.
Nominations for Active Duty Enlisted Members can be made by the secretaries
of the Army, Navy, and Air Force. Honor military schools and ROTC units also have
limited nominating authority.
Liaison Offices
Military Academy
U.S. Total Army Personnel Command
Attn: TAPC-OPD-CM
200 Stovall Street
Alexandria, VA 22332-0413
Ms. Jorja Graves
Telephone: 703-325-7414
Fax: 703-325-6073
U.S. Air Force Academy Liaison Office
USAFA/RRA
Pentagon Room 5E-152
1040 Air Force Pentagon
Washington, DC 20330-1040
Ms. Karen Parker, Chief
Telephone: 703-697-7116
Fax: 703-695-7999
Naval Academy
Nomination and Appointments Office
117 Decatur Road
Annapolis, MD 21402
Ms. Delma Miller
Telephone: 410-293-4392
Fax: 410-293-1828
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Additional information, services, and assistance in making nominations are
provided by the academy liaison offices. Services include personal visits to Members’
offices by academy representatives; dissemination of information for applicants to
Members’ offices; and providing assistance, on request, in forming selection
committees to assist a Member in making nominations to the academies.
The U.S. Military Academy sponsors one trip a year for congressional staff to
visit the academy and periodic visits for educators. The U.S. Naval Academy hosts
10 to 15 orientation visits each year for congressional staff, educators and the media.
The Air Force Academy Group conducts two to three orientation tours to the
academy each year for congressional staff who are responsible for the academy
program. Workshops are conducted annually in major U.S. cities.
U.S. Merchant Marine Academy
Each Member of Congress may nominate 10 candidates to the U.S. Merchant
Marine Academy annually. Nominees must be (a) U.S. Citizens or a national of the
United States; and (b) a resident of the state/district represented by such Member.
Nominees then compete for appointment to the Academy based upon their
competitiveness and state and national vacancies. Qualifications for admission include
consideration of the candidate’s academic record, class rank, test scores (ACT or
SAT-1), and meeting the medical requirements as well as Naval Reserve midshipmen
standards. Additional information can be obtained by calling Capt. James M. Skinner,
Admissions Office at 516-773-5391 or 1-800-732-6267, or Fax 516-773-5390.
Coast Guard Academy
The Coast Guard Academy bases admissions on an annual nationwide
competition. The Academy does not have a congressional nominee program for
applicants. Competition is open to American citizens who have reached their 17th but
not 22nd birthday by July 1 of the entering year. In selecting students for admission,
the Academy prohibits discrimination based on gender, race, color, national origin,
or religion. Factors considered in the competition include ACT or SAT-1 scores, high
school standing, and leadership potential as demonstrated by participation in high
school extracurricular activities, community affairs, or part-time employment. All
candidates must pass a strict medical and physical fitness examination. Applications
are made directly to the Academy, Office of the Director of Admissions, New
London, CT. 06320. For additional information, call Captain Robert W. Thorne at
860-444-8500, or Fax 860-437-6700.
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Appendix C: Sample Privacy Act Release Form
PLEASE RETURN THIS FORM TO:
Senator/Representative
United States Senate (House of Representatives)
Washington, D.C. 20510 (20515)
(Date)
TO WHOM IT MAY CONCERN:
I am aware that the Privacy Act of 1974 prohibits the release of information in my file
without my approval. I authorize the (name of federal agency or Department) to
provide information on my claim/case to (Senator/Representative) .
(Signature)
(Address)
(Social Security or claim number)
(Telephone Number)
If you wish information to be provided to parent, child, attorney, or other
interested party, please indicate below.
I authorize to receive information from
Senator/Representative relative to my claim/case.
(Signature)
Note: To expedite delivery to congressional offices, constituents should use the Zip
Code plus four digits in addressing correspondence. Mark envelope: “Privacy Act
Request.”
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Appendix D: Legal and Ethical Considerations
of Casework
Title 5 United States Code Section 3303 prohibits appointing officers of the
federal government from considering or receiving a recommendation other than as to
character or residency.
Title 18 United States Code Sections 201(b) and 201(c) forbids Members of
Congress and their staff from soliciting or receiving a bribe or anything of value for
or because of any official act performed.
Title 18 United States Code Section 203(a) states that Members and their staff
may not be privately remunerated for casework interventions on behalf of any person;
it sets forth penalties for any person who:
“ ... directly or indirectly demands, seeks, receives, accepts or agrees to receive or
accept any compensation for any services rendered or to be rendered personally or
by another
1.
At a time when such person is a Member of Congress; or
Member of Congress Elect ...; or
2.
At a time when such person is an officer or employee of the
United States in the legislative ... branch of the government
...”
in relation to any proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation, arrest, or other
particular matter in which the United States is a party or has a direct and
substantial interest, before any department, agency, court-martial, officer, or any
civil, military, or naval commission ...
Shall be fined not more than $10,000 or imprisoned for not more than two years
or both; and shall be incapable of holding any office of honor, trust, or profit under
the United States.
Title 18 United States Code Section 205 forbids government officials from
privately handling cases before government tribunals on behalf of an individual, but
allows Members of Congress to do so without compensation. There are, however,
limits on Member representation; for example, they are prohibited from appearing in
maritime cases and before the Court of Claims and the now defunct Indian Claims
Commission.
Agency Intervention Protocol
Members of Congress are prohibited from ex parte communications concerning
formal adjudications (off-the-record communications by one person concerning some
agency action), and must abide by the rules which apply to all citizens making
inquiries to federal agencies (5 U.S.C. 557(d)). This does not mean that they cannot
contact agencies, but their communications may be made public under the ex parte
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rules of a particular agency. The prohibition only applies to formal agency
adjudications (hearings on the record), and not to regular casework.21
Employment Recommendation Restrictions22
There is now no specific prohibition on Members recommending or referring
applicants for federal positions or for other federal personnel actions; hiring officials
are instructed only to receive and consider such “recommendations” from a Member
as to the character or residence of the applicant, however. Additionally, hiring
officials may consider and receive statements from a Member based on personal
knowledge or records, related to an applicant’s work performance, ability, aptitude,
qualifications, or suitability (P.L. 104-197, Section 315).
Current law prohibits officials in the executive branch from receiving and
considering any recommendations from a Member of Congress of an applicant for a
federal position except as to the character and/or residency of the applicant. A
Member of Congress is not expressly prohibited, however, from making such
recommendations (5 U.S.C. 3303). Current law protects against any potential
political abuses in civil service hiring by prohibiting the consideration of political
factors by appointing officials in referrals from Members or in any referrals (5 U.S.C.
3303 and 2302(b)), and prohibits anyone in the federal service from considering
recommendations or statements other than those that evaluate work performance,
ability, qualifications and suitability (5 U.S.C. 2302(b)(2)).
Responsibility to Constituents
(House Ethics Committee Advisory Opinion)
In its first advisory opinion, issued on January 26, 1970, the House Committee
on Standards of Official Conduct (the Ethics Committee) concluded that the exercise
of the First Amendment right applies not only to petition by groups of citizens with
common objectives, but increasingly by people with problems or complaints involving
their personal relationship with the federal government. The Committee reasoned
that:
As the population has grown and as the government has enlarged in scope and
complexity, an increasing number of citizens finds it more difficult to obtain
redress by direct communication with administrative agencies. As a result, the
individual turns increasingly to his most proximate connection with the
government, his representative in the Congress, as evidenced by the fact that
congressional offices devote more time to constituent requests than to any other
single duty.
21For a further explanation, see CRS Report 90-440, Congressional Intervention in the
Administrative Process: Legal and Ethical Considerations, by Jack H. Maskell and Morton
Rosenberg (Washington: Sept. 7, 1990).
22This section is drawn from CRS Report, 96-913, Recommendations by Members of
Congress on Behalf of Applicants for Federal Employment, by Jack H. Maskell
(Washington: Nov. 15, 1996). See also U.S. Congress, House Committee on Standards of
Official Conduct, Employment Recommendations Memo (Washington: Oct. 1, 1998).
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The reasons individuals sometimes fail to find satisfaction from their petitions are
varied. At the extremes, some grievances are simply imaginary rather than real,
and some with merit are denied for lack of thorough administrative consideration.
Sheer numbers impose requirements to standardize responses. Even if mechanical
systems function properly and timely, the stereotyped responses they produce
suggest indifference. At best, responses to grievances in form letter or by other
automated means leave much to be desired.
Another factor which may lead to petitioner dissatisfaction is the occasional failure
of legislative language, or the administrative interpretation of it, to cover
adequately all the merits the legislation intended. Specific cases arising under
these conditions test the legislation and provide valuable oversight disclosure to the
Congress.
Further, because of the complexity of our vast federal structure, often a citizen
simply does not know the appropriate office to petition.
For these, or similar reasons, it is logical and proper that the petitioner seek
assistance of his Congressman for early and equitable resolution of his problem.23
The Committee on Standards of Official Conduct issued House Advisory
Opinion No. 1 because it had received a number of requests on what “actions a
Member of Congress may properly take in discharging his representative function with
respect to communications on constituent matters.” The advisory opinion was written
to provide guidelines that would be of assistance to Members in dealing with such
matters.
Representations Before Federal Agencies
The Committee expressed its opinion:
that a Member of the House of Representatives, either on his own initiative or at
the request of a petitioner, may properly communicate with an Executive or
Independent Agency on any matter to request information or a status report; urge
prompt consideration; arrange for interviews or appointments; express judgment;
call for the reconsideration of an administrative response which he believes is not
supported by established law; federal regulation or legislative intent; or perform
any other service of a similar nature in this area compatible with the criteria
hereinafter expressed in this Advisory Opinion.
23U.S. Congress, House Committee on Standards of Official Conduct, “Advisory Opinion No.
1: The Role of a Member of the House of Representatives in Communicating with Executive
and Independent Federal Agencies,” Congressional Record, vol. 116, Jan. 26, 1970, p. 1077.
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Principles to be Observed
The Committee concluded that the “overall public interest, naturally, is primary
to any individual matter and should be so considered. There are also other self-
evident standards of official conduct which Members should uphold with regard to
these communications.” The Committee recommended that Members observe the
following three basic principles of official conduct:
1.
A Member’s responsibility in this area is to all his constituents
equally and should be pursued with diligence regardless of
political or other considerations.
2.
Direct or implied suggestion of either favoritism or reprisal in
advance of, or subsequent to, action taken by the agency
contacted is unwarranted abuse of the representative role.
3.
A Member should make every effort to assure that
representations made in his name by any staff employee conform
to his instruction.
The Committee noted that “subsequent legislation, regulation or rules may affect
part or all of this advisory opinion.”24
Guidance for Future Conduct
(Senate Ethics Committee Report)
The Senate Ethics Committee in the final report on its investigation of five
Senators who intervened on behalf of Lincoln Saving and Loan Association presented
the following guidelines for future conduct:
During the time that the Committee has had the Keating matter before it, the
Committee has had the opportunity to review the sources discussed above and to
consider at length the issue of the propriety of interventions with a federal agency
on behalf of an individual who has made or raised significant political
contributions. Based on this experience, the Committee suggests that until written
guidelines have been adopted, a Member who has any reasonable doubt about
whether to proceed in a particular matter consider the following issues:
The merits of the constituent’s case.
The continuing viability of the constituent’s claim. If the constituent’s
claim initially appeared to have merit, has the Senator acted despite
facts or circumstances that later undermined the merits of that claim?
24U.S. Congress, House Committee on Standards of Official Conduct, “Casework
Considerations,” House Ethics Manual, 102nd Cong., 2nd sess., April 1992 (Washington:
GPO, 1992), pp. 239-266.
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The kind of agency involved and the nature of its proceedings. Is the
agency performing in a quasi-judicial, adjudicative or enforcement
function?
If the Senator or staff member knows that an individual is a
contributor, the following issues should also be considered. (If the
Senator or staff member does not know if an individual is a
contributor, he or she is not required or encouraged to find out. Most
Senate staff members are not provided with information regarding
contributions and are unaware of whether an individual seeking
assistance is a contributor.)
The amount of money contributed. Has the contributor given or raised
more than an average contribution?
The history of donations by a contributor. Has the constituent made
contributions to the Senator previously?
The nature and degree of the action taken by the Senator. To what
extent does the action or pattern of action deviate from that Senator’s
normal conduct?
The proximity of money and action. How close in time is the Senator’s
action to his or her knowledge of or receipt of the contribution(s)?
In its consideration of this case, the Committee has referred to or quoted from
sources which may be largely unknown to Senators, such as the writings of
Senator Paul Douglas and Advisory Opinion No. 1 of the House. The Committee
believes that these sources have value as helpful guidance to Senators and to the
Committee in analyzing the established norms of behavior in the Senate. However,
these sources, in and of themselves, are not precedential and should not be
considered as established Senate norms for purposes of discipline.25
Representation of Petitioners Before Federal Agencies
On July 2, 1992, the Senate passed S.Res. 273, establishing a new rule of the
Senate pertaining to representation of petitioners before federal agencies.26 Section
2, which lists various actions that a Member may properly take in assisting a petitioner
in dealings with government officials or agencies, is drawn substantially from House
Advisory Opinion No. 1 (above). The Senate Select Committee on Ethics can
provide advice and guidance to Members and staff on this rule.
25U.S. Congress, Senate Select Committee on Ethics, Investigation of Senator Alan Cranston,
S.Rept.102-223, 102nd Cong., 1st sess. (Washington: GPO, 1991), pp. 13-14. See also U.S.
Congress, Senate Select Committee on Ethics, Senate Ethics Manual, S. Pub. 106-40, 106th
Cong., 2nd sess. (Washington: GPO, 2000), pp. 177-191.
26For a section by section analysis of S.Res. 273, see Congressional Record, vol. 138, July
2, 1992, pp. 17954-17957.
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Senate Rule XLIII—Representation by Members
Senate Rule 43, Representation by Members, states:
1.
In responding to petitions; for assistance, a Member of the Senate,
acting directly or through employees, has the right to assist petitioners
before executive and independent government officials and agencies.
2.
At the request of a petitioner, a Member of the Senate, or a Senate
employee, may communicate with an executive or independent
government official or agency on any matter to: request information
or a status report; urge prompt consideration; arrange for interviews
or appointments; express judgments; call for reconsideration of an
administrative response which the Member believes is not reasonably
supported by statutes, regulations or considerations of equity or public
policy; or perform any other service of a similar nature consistent with
the provisions of this rule.
3.
The decision to provide assistance to petitioners may not be made on
the basis of contributions or services, or promises of contributions or
services, to the Member’s political campaigns or to other
organizations in which the Member has a political, personal, or
financial interest.
4.
A Member shall make a reasonable effort to assure that
representations made in the Member’s name by any Senate employee
are accurate and conform to the Member’s instructions and to this
rule.
5.
Nothing in this rule shall be construed to limit the authority of
Members, and Senate employees, to perform legislative, including
committee, responsibilities.
Congressional Intervention in the Administrative Process27
When congressional committees engage in oversight of the administrative
bureaucracy, or when Members of Congress intervene in agency proceedings on
behalf of private constituents or other private entities with interests affecting the
Member’s constituency, such interventions involve varying degrees of intrusion into
agency decision making processes. A CRS Report on congressional intervention in
the administrative process (90-440A) briefly examines the currently applicable legal
and ethical considerations and standards that mark the limits of such intercessions.
27This section is drawn from U.S. Library of Congress, Congressional Research Service,
Congressional Intervention in the Administrative Process: Legal and Ethical
Considerations, by Morton Rosenberg and Jack H. Maskell, CRS Report 90-440 A
(Washington: Sept. 7, 1990), summary page.
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The report reviews the judicial development and application of standards for
determining when congressional pressure or influence has been deemed to have
tainted an agency proceeding. It concludes that the courts, in balancing Congress’s
performance of its constitutional and statutory obligations to oversee the actions of
agency officials against the rights of parties before agencies, have shown a decided
predilection for protecting the congressional prerogatives. Where informal rule
making or other forms of informal decision making are involved, the courts look to
the nature and impact of the political pressure on the agency decision maker, and
intervene only where that pressure has had the effect of forcing the consideration of
factors Congress did not intend to make relevant. Where agency adjudication is
involved, a stricter standard is applied, and the finding of an appearance of
impropriety can be sufficient to taint the proceeding. Even here, however, the courts
have required that the pressure or influence be directed at the ultimate decision maker
before they will intervene.
The report also examines the conduct of Members of Congress intervening in
administrative matters from the perspective of ethics or conflict of interest rules and
statutes which may bear upon a Member’s official duties. Since congressional
intervention and expressions of interest in administrative matters from a Member’s
office are recognized as legitimate, official representational and oversight functions
and duties of Members of Congress, the primary focus of these ethical and statutory
conduct restraints is limited: (1) any improper enrichment or financial benefit
accruing to the Member in return for or because of his or her official actions, that is,
any illegal or corrupt bargain or payment for such activities, sale of influence, or
personal financial conflicts of interest in such matters; and (2) any overt coercion or
threats of reprisals, or promises of favoritism or reward to administrators from the
Member’s office which could indicate an arguable abuse of a Member’s official
representational or oversight role in such matters. Additionally, ethical guidelines in
Congress may incorporate broad “appearance of impropriety” standards for Members
which could raise ethical concerns in relation to the acceptance of gifts, favors,
donations, and benefits by Members from those who are directly affected by the
Member’s official duties, even in the absence of a showing of a corrupt bargain, an
express payment, or other specific connection to an official act.