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Vol. 5, No. 2 March/April 1997 |
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Advocacy Through the Legislative Process
by Steven Mendelsohn, Esq. and Susan Goodman, Esq.
Advocates play an important role throughout the legislative process, from introduction of a bill to implementing regulations that explain how the law will be carried out. Below are advocacy tips for the frequently asked questions and answers from the preceding article.
1. Build a relationship with the legislators who represent you.
Laws come from members of the legislature. Your U.S. Congress members and your state legislators decide what laws are going to be introduced, and what existing laws need to be changed, from the issues that are being debated in the community. However, these decisions are based on what information they receive, requests for help that come to the legislators from their constituents or from other people they know.
This means that if you are an advocate for assistive technology you need to get to know your elected representatives, and to cultivate the kind of relationships that will allow you to approach them or their staff members with problems and ideas. Many people approach legislators for help with personal problems, asking them to provide individual assistance by looking into the person's treatment by a government agency. This is generally accepted, but it may not be the best basis for advocacy.
Contacts that should be developed involve discussion of problems or issues that concern your community. It takes time and effort to develop these contacts. However, it will give you the visibility and credibility needed to suggest ideas for legislation. You do not need to have the exact words; the legislator's professional staff can supply those. You only need to be able to describe a problem and to suggest a way in which legislation might help.
2. Know the committee assignments of your Representative and Senators.
Constituents who have contact with their legislators and have expertise in a particular area and/or represent an organization are often invited to testify at a hearing on a bill or on an issue. You also may be able to request the opportunity to testify. Hearings on appropriation bills, which are the bills which enable the government to spend money on laws that pass Congress, are one major source of the opportunity to testify. Remember that there are two components of every program: the authorization legislation under which it exists (e.g., IDEA), and the budget appropriation, where the amount of money going to implement the law each year will be determined. Hearings are held on both components.
3. Keep informed about what is happening.
Changes in bills happen at all stages of the process. For example, the Kennedy-Kassebaum Health Insurance Reform Bill passed both Houses of Congress overwhelmingly this year. Nonetheless, disputes over a number of issues prevented final action for a long time. The President or the Governor, who must sign legislation into law, are also affected by public opinion. The views of the citizens are important and can strongly affect the outcome of proposed legislation.
Many individuals follow the developments on a particular bill through the networks to which they belong. Through the Internet and faxes, citizens can get in touch with their legislators quickly, but they must still take the time to keep informed about the bills of importance to them that are making their way through the legislative mill.
Various publications, e-mail networks, and worldwide web pages give information on bill status. One can also call Congress or one's state legislature to get an general update and often the schedule for the bill, at any time.
4. Keep involved after the bill is signed into law.
Citizens can participate in the regulatory process by submitting comments at the regulation-writing stage. Federal agencies issue notices outlining the rules they intend to adopt that are called Notice of Proposed Rulemaking (NPRM's).
For example, the FCC, under the Telecommunications Act, issued a Notice of Inquiry (NOI) inviting public comment on a variety of issues raised by implementation of the law. Such NPRM's and NOI's are published in the Federal Register, and are frequently available in alternative formats. Citizens are then asked to submit comments about the various sections of the law for which regulations are being written.
The opinions expressed herein do not necessarily reflect the position or the policy of the U.S. Department of Education, and no official endorsement by the U.S. Department of Education of the opinions expressed herein should be inferred.
Tech Express of Assistive Technology Funding & Systems Change Project, Winter ‘97
