LEGISLATIVE STRATEGIES – Discussion

The ASPE-coordinated legislative development process that has been described in this document addresses initial steps in the long process of changing authorizing statutes under which a program operates. However, many program and policy analysts continue to ask the basic question: “Once the Department has approved a general policy, embodied in an A-19, and OMB has approved it, what next?”

An OMB approved A-19 is a document that can be publicly shared with staff on the Hill. Whether to do so informally, or to seek a more formal venue is not an easy question to answer; especially since there are several alternatives that need to be weighed by both the program and the Department. Since all independent policy documents being sent to the Congress must first be approved by OMB, some of the alternatives involve additional clearances.

The SOURCE for transmittal to the Congress of the policy can be:

• the Secretary,
• an OPDIV/agency,
• HHS staff members

The basic VEHICLES for communicating policy to the Congress include:

• a formal draft bill
• testimony for authorizing committees describing the proposed change(s)
• transmittal of a comprehensive package of A-19s
• informal technical assistance to bill drafting staff on the Hill

Once OMB has approved an A-19, ASPE, in discussion with other HHS staff offices will need to determine which Source and which Vehicle to pursue as the most likely to advance the policies sought.

Since most of the policies that the Legislative Teams have addressed are of primary interest to a particular agency, that agency’s staff should internally consider what routes appear most inviting and consult with budget and legislative and general counsel staff how best to proceed.

While ASPE will annually seek to advance a consolidated package of approved proposals, since OMB approval is an ongoing process, agencies may need to act earlier, as their individual or collective set of proposals are approved. This is especially the case where bill drafting or incorporation into testimony early in the Congressional cycle is chosen.