Exercise 1: Things that could be included in your memo:

Key points of bill (do not spend the bulk of the paper explaining the bill).
Pros and cons of passing the bill.
Strengths and weaknesses of bill.
Your recommendation for action.
Critical analysis of bill:
- What is the underlying statute?
- Is it amending any current law?
- Is it duplicating any current law?
- What is it going to cost and can we pay for it?
If a hearing was held, identify the key players and what they said.
Advise chairman whether a hearing should be held, who should be called to testify and why?
Memo form – short – bullet points can work well – goal is to write densely.
To get a list of co-sponsors for your (federal) bill, click on “bill summary and status” on http://thomas.loc.gov.
To get info on what’s been going on with your (federal) bill, click on “Congressional record references” on http://thomas.loc.gov.

Exercise 2: Things that could be included in your memo:

You’ll have to repeat some information because you’re writing to a different boss (Head of the agency your law affects).
Which administrative agency will implement the act? (Some bills clearly designate an agency, and others don’t. In the case that your bill does not, make an educated guess.
- And, which level of the agency will responsible for implementation? If you can choose and it’s possible, agency level is the best, as opposed to Secretary or undersecretary level. (For example, choose the AMS Administrator if there is a choice, rather than the Secretary of USDA.)
Definitions and details: what does the act actually say? Lowi states that statutes are vague and administrative agencies fill in the blanks. What are the key issues that need to be decided in the process of filling in the details?
What resources will be needed to implement the act?
- Reflect on budgetary implications for the agency… Is the money for implementation appropriated, or has yet to be appropriated? Will the agency have to come up with money or ask for pocket change in the president’s next budget submission? Declare whether money is currently available or has to be found.
- Is the act a mandatory spending or entitlement program? (The money is directly drawn from the Treasury or the CCC and there is no need for appropriations.)
- Are new staff needed for implementation or will existing staff cover it?
- Look at the new mandate within the context of current activities: does it overlap with existing programs? Can implementation piggy-back onto an existing program?
Address enforcement mechanisms and responsibilities
Rulemaking:
- Will you suggest a proposed rule (the usual line of action) or an interim final rule (in the case of an emergency situation)?
- Provide a timeline on implementation: many bills have implementation dates, but these are most always unrealistic. When can it really happen and what are the steps necessary to get us there?
- Ask, do I really want this to move forward? Be realistic yet optimistic.
- What analyses are required prior to implementation? Address cost-benefit analysis, paperwork reduction act issues (how much of a burden is it?), small business considerations, civil rights considerations, consultations of other agencies and stakeholders, Federalism Executive Order issues (when something is the private sector’s responsibility and the federal government may be stepping on their toes by taking over the process), etc.
- When it goes to the Federal Register, how long should the comment period be? Typically this ranges from 30 to 120 days. Who do you expect to comment, whose do you want? After comments, the agency must analyze comments and start process again. When will the final rule publication be (when do changes start, implementation time period)?
Does implementation require a committee to be established?
- You must solicit nominations through the Federal Register. What should the administrator be thinking in terms of who should get these appointments?
Anticipate who we should be talking to, who’s going to object, agree, have ideas:
- Mention interest groups and Congressional advocates:
  - Do you care about the Congressman whose bill it was?
  - What political ramifications will there be if the rules are made in accordance with, or counter to, the stance of particular interest groups or Congressmen?

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