Influencing the Regulatory Process

Let’s talk about another important branch of government that advocates must deal with.  The bureaucracy is part of the executive branch of government, often serving as the point of contact between the public and the executive (Mayor, Governor, President, etc.) While I know the stereotype of a government bureaucrat is someone with a certain attitude that exudes “lack of helpfulness,” most of these public servants really do want to help people.  Unfortunately, many of them are caught in internally created “intransigent bureaucracies.”

What? Our government is supposed to have bureaucracies? Chances are you thought they were an unfortunate side-effect of runaway government spending. In fact, a bureaucracy is simply “A formal, hierarchical organization with many levels in which tasks, responsibilities, and authority are delegated among individuals, offices, or departments, held together by a central administration.” They are the structures that executive branch agencies use to ensure that the policies passed by the legislature are properly implemented.

The problem with bureaucracies is that sometimes the people in and around them become more committed to the rules and regulations governing programs than they do the actual benefits of and original reasons for the programs themselves. This creates the tunnel vision that leads to the problem of “intransigent bureaucracies.”  One recent example is the EPA’s regulation of spilled milk, under which milk used to be treated on par with oil. One might say that citizens, the agencies and Congress were LITERALLY “crying over spilt milk.” 

So how can an advocate make a difference in this environment? Here are some ideas:

·       Participate in the executive agency’s public comment process: Almost all executive agencies, from your local Department of Water and Sewer to the U.S. Internal Revenue Service, are required to offer an opportunity for public comment whenever they propose a change to their rules. Anyone with an opinion is allowed to file a comment and anyone with an informed opinion based on some level of expertise may actually be heard. Agencies actually review these comments pretty carefully and may use the more provocative and trustworthy information to make changes to what was originally proposed.  You can learn more about the process (and even submit comments!) at http://www.regulations.gov

·       Work on the executive agency through your elected representatives: Your local, state or federal representatives have an amazing ability to gain the attention of agency officials – mainly because these agencies rely on the legislative branch for their budget. Utilize your own amazing power to be heard by your elected officials to enlist their assistance in “cutting through” the red tape.

·       Contact the media: Reach out to media outlets, whether local, state, national, or internet-based.  Journalists love a good story, and may very well run with a piece on the executive agency’s policy.  Such public exposure can change a bureaucratic policy. Just be sure you know what you’re talking about!

The lesson here? Instead of beating your head against the wall of the “intransigent bureaucracy,” look for the most effective ways to apply your true power. Consider the example of the recent water pollution crises in Flint, MI. This was brought to the attention of the world through the actions of just one person -- a Flint pediatrician named Dr. Mona Hanna-Attisha. She’s taken great steps toward exposing failures on the part of the state and federal government to deal with her city’s lead-contaminated water supply.  Her story (as told by the American Academy of Pediatrics) is a powerful example of how an ordinary citizen advocate managed to be heard in the executive branch process. .  Try the methods I suggested the next time you have a problem with executive “red tape.”.  You may be surprised at the results.

  - Written by Stephanie Vance, Advocacy Guru