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Influencing the System: The Executive Branch
Citizens can influence executive branch policy in many ways. They can:
- Monitor program operation or serve as volunteers;
- Serve on agency advisory bodies;
- File comments on the regulations that govern how laws/programs are implemented;
- Call public attention to proposed regulations;
- Ask their elected representatives to monitor programs and comment on draft regulations;
- Challenge policies or regulations in the courts whenever they prove inconsistent with the law.
- Participate in the decision making process of an agency.
Policy advocates play a critical role when they work to influence the regulations that carry out laws. It is an activity that has proved to be increasingly important.
Laws are often written in language that is deliberately vague. So, after a law is passed, the relevant executive branch agency has to draw up regulations - which are the rules that actually govern day-to-day operation of the programs. Thanks to the Administrative Procedure Act (APA), every proposed federal regulation has to be published in a document called the Federal Register (which is available in every government depository library, many local public libraries, and on-line at http://www.nara.gov). Citizens must be given an opportunity to recommend changes in the regulations before they are finalized. (Similar processes and publications exist in most states, though not every state has a law like the APA.) The opportunity to comment can be a formidable power, especially since once they are issued in final form, regulations have the force of law.
The Federal Election Commission (FEC) provides a case in point. In 1999 the FEC was considering new regulations that would govern campaign activity on the Internet, including the efforts of nonprofit groups and individual volunteers. They issued a Notice of Inquiry, requesting comments on a wide range of issues. Many nonprofits were concerned that applying federal election law, which was written with traditional broadcast media in mind, would stifle citizen use of the Internet. They sent out alerts explaining the issues, and providing information about how to comment, to groups all over the country. As a result, the FEC received more than 1300 comments on their proposal! This was unheard of in an agency where a dozen comments would be considered a good response. The comments came from all kinds of groups and their members. As a result, the FEC decided to take a hands-off approach to the Internet, and limited regulation of Internet campaigning to a narrow scope of activities.
Citizen groups can also insure that programs operate as they should on an on-going basis by serving on advisory groups, monitoring programs, and issuing public reports. The day-to-day quality of nursing homes, job training programs, public art, or school meals in many communities is directly related to the presence (or absence) of citizens who monitor their operation and publicize their findings. Even something as wide-ranging as the Stop Sprawl movement is made up of ordinary citizens, people willing to pay attention to the details of zoning proceedings.
