Writing for Government and Business: Critical Thinking and Writing

How to Compose Clear and Effective Reports, Letters, Email, and Memos

This is the first course in our 2-course Word Workshop, offered throughout the year. The second course is Writing to Persuade.

Editing a paper, by Nic McPhee

Do you need to improve your writing skills? This intensive one-day course helps you, and your staff, understand the three dimensions of professional writing: organization, format and style.

Our writing courses are designed for anyone who wants to improve their writing, including agency staff who want to improve their writing and comply with the Plain Writing Act of 2010 (H.R. 946) and Executive Orders 12866, 12988, and 13563.

Our writing courses have been described as “really about how to get better job reviews and get promoted” because they help you improve one of your most important, and visible, job skills: written communication.

July 11, 2012, 9:00 am – 4:00 pm

Where: Location in Washington, DC will be announced on web site before course.

For more information, see WordWorkshop.com

Approved for 0.6 CEUs from George Mason University.

This is a required course for the Certificate in Communication and Advocacy.

For more information about both courses, including agenda and secure online registration, see WordWorkshop.com

These courses and any combination of their topics can be tailored for custom on-site presentation at your location and both are available via the GSA Schedule.

Drafting a provision that repeals a law is not difficult. Any type of plain instruction will be sufficient; such as “The ABC Act is Repealed.” It is important to ensure that the provision being repealed is clearly identified, including a full citation.

photo credit: BaylorBear78

There are some important rules that should be observed regarding repeals. First, repealing an amending law will not undo the amendment. For instance, if Law X reads a particular way when it is enacted, then reads a different way after it is amended by Law Z, then repealing Law Z will not cause Law X to revert back to the original reading.

In addition, bear in mind that repealing a repealing law will not undo the repeal. If Law A reads a particular way when it is enacted, then it is repealed by Law B, repealing Law B will not result in the revival of Law A.

Repealing a law will not affect the underlying liabilities that are incurred under that law while it was in effect. For instance, if a crime results from Law C and you committed that crime, you will still be held accountable for that crime, even if Law D repeals Law C.

There are actually many ways in which a law can cease operating without the need to actually repeal it. In numerous cases, laws simply run their course without being repealed. For instance, a law might apply only to a specific period of time by its terms. In other cases, a law might contain a one-time requirement only. Once that requirement has been satisfied, the law is no longer operable.

When it comes to amending a law, the process is much like editing a document. Text can be manipulated in almost any manner. Existing text can be deleted, new text can be inserted or entire blocks of text can be rewritten. Text can even be moved.

There are two ways in which the text of a law can be changed. This is by inserting text and striking text or by revising an entire block of text. The first method is known as the cut and bite method, while the second method is known as the restatement method.

To learn more about drafting effective legislation, consider taking TheCapitol.Net’s 2-day Legislative Drafting Workshop.

Reference: Legislative Drafter’s Deskbook, by Tobias Dorsey, Sec. 9.20 Repealing a Law and Sec. 9.30 Amending a Law.

For more information about drafting legislation and statutory construction, see these resources from TheCapitol.Net:

• Legislative Drafter’s Deskbook, by Tobias Dorsey
• Congressional Deskbook: The Practical and Comprehensive Guide to Congress, by Michael L. Koempel and Judy Schneider
• Live courses in Washington, DC:
  • Drafting Effective Federal Legislation and Amendments
  • Writing to Persuade: Hone your persuasive writing skills
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Drafting Effective Federal Legislation and Amendments in a Nutshell
  • Statutory Construction: A Primer on How to Read and Understand Statutory Text
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation

Legislative drafts can fail for two reasons. Some fail because of poor communication while others fail due to a lack of imagination. Whenever there is a lack of communication, in most cases the draft is simply not clear. Common sense editing can usually resolve this problem. Whenever there is a lack of imagination, the draft is simply not adequate. These types of problems are usually not as visible to the naked eye and the appropriate resolution to this problem is thinking through the policy.

photo credit: abbybatchelder

The writing portion of drafting legislation is certainly important, but the more time-consuming aspect of the task is thinking through the policy. When policy is not thought out properly, the result is additional work for judges and the distinct possibility that the policy will not work effectively. A policy that is not well thought out may not respond to the problem or it may result in unintended side effects. Controversy and confusion can occur as a result. Thinking through the policy before putting pen to paper or finger to keyboard is critical .

There are seven elements associated with thinking through policy. They are:

• Engaging the client
• Figuring out the problem and the objective
• Asking for details
• Researching the facts and law
• Analyzing alternatives
• Creating a coherent solution
• Conducting a reality check

Information can always be wrong, facts can shift and laws can overlap one another. When drafting legislation, the client has likely approached you with a prejudged sense regarding what must be accomplished. This should not be taken at face value. While you should respect it, it is imperative that you do not accept it. Clients often do not properly think through policy. They may even be operating on the recommendation of a third-party. At this point, what the client needs most from you is independent, critical thinking.

Take the time to be skeptical and question all assumptions. Imagine possible resulting scenarios. Utilize good judgment. While your client may not always have the time or the patience, you want to provide answers that your client needs to hear, not necessarily what they want to hear.

To learn more about drafting effective legislation, consider our Legislative Drafting Workshop.

Reference: Legislative Drafter’s Deskbook, by Tobias Dorsey, Section 4.0 Thinking through the Policy.

For more information about drafting legislation and statutory construction, see these resources from TheCapitol.Net:

• Legislative Drafter’s Deskbook, by Tobias Dorsey
• Congressional Deskbook: The Practical and Comprehensive Guide to Congress, by Michael L. Koempel and Judy Schneider
• Live courses in Washington, DC:
  • Drafting Effective Federal Legislation and Amendments
  • Writing to Persuade: Hone your persuasive writing skills
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Drafting Effective Federal Legislation and Amendments in a Nutshell
  • Statutory Construction: A Primer on How to Read and Understand Statutory Text
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation